Transcript Land Use Entitlement - Wichita State University

Land Use Entitlement
Real Estate 619
Urban Land Development
Doug Rupe
Consolidated Holdings, Inc.
Experience
First property opened October 2003
As of 1/1/09
Open: 129
Under Construction: 44
Development Components
1.
2.
3.
4.
5.
6.
The Idea
Site Acquisition and Control
Due Diligence/Entitlement
Closing on Property
Improvements – Construction
Project Completion
…this evening we are focusing on #3.
Entitlement
Definition
• In Land Development…………
– the Entitlement Process is “the legal method of
obtaining approvals for the right to develop
property for a desired use.”
– Includes zoning, local, state, federal approvals
and building permits, support from private
groups such as neighborhoods.
– Signage approval
How do we obtain approvals?
• Start with the facts, AND THEN
• Communicate!!
– With all stakeholders
•
•
•
•
•
City Leaders – extremely important!!
Neighbors
Service providers
Investors/Lenders
Corporate executives
How do we obtain approvals?
• Work closely with the municipality to
understand the rules and the process
• Build support. Meet personally with:
– Staff
• Planning, Building, Commissioners, Mayor
– Neighborhood
• Advisory committee and Associations
• Rely on your consultants
• Design accordingly
How do we obtain approvals?
• This was a REAL email………..
“What I need is a list if specific unknown
problems we will encounter.”
So, how do we get the facts?
Get the facts first!
Development Components are not
linear, but intertwined…………..
• Work closely with your consultants
– Site design issues – we heard about these last week
• Grading and Drainage, environmental, geotechnical
• Public Hearings – DAB, Planning, City Council
– Zoning – If use is not permitted by right, can you get
support for approval?
– Will surrounding uses support you?
• Commercial adjacent to residential is tough
• You want to know this before spending too much money
Development Components are not
linear, but intertwined…………..
• Title issues
– Use restrictions?
– Outstanding taxes?
• Building Department review and response.
• Proof of Approvals needed to close the loan.
What happens when you
don’t have reliable facts?
Suddenly,
a heated
exchange took
place between
the King and
the moat
contractor.
Contractor
Consultant
A & E team
You
Examples: Tales from the Trenches
• Lincoln, Nebraska
• Found the perfect site
–
–
–
–
Located on I-80 at North 27th
Zoned for hotel use and platted
But too expensive
Owner was an experienced developer, willing
to accommodate us
Site is too large
Before
Just right!
After
Went from
108,464 s.f. to
80,956 s.f.
Savings of
$96,278
Next issue
Lincoln: Siding vs. brick
• Broker said, “must have all brick”
• Site tour of adjacent and nearby
improvements suggested, “must have
all brick”
• Review of Restrictive Covenants
showed otherwise
Lincoln: Siding vs. Brick
Lincoln: Siding vs. Brick
Seek answers that satisfy the
owners and the city
Lincoln, NE
Kansas City, Missouri
•
•
•
•
•
Started looking for site in late 2003
Found site in February 2004
Site was a “leftover”
Zoned Agriculture
Located between commercial and multifamily residential
• Needed to be subdivided
• Immediately met with City staff
Kansas City
Kansas City
Site
Kansas City
Kansas City
Site Plan #1
Kansas City
Site Plan #2
Kansas City
Site Plan
Version 3.0
Kansas City
Gulfport, Mississippi
•
•
•
•
•
•
Use was approved by right
Found great site on main drag - Highway 49
5 minutes north of the beach
Vacated street through property
Relocation of utilities not completed
Discovery of Wetlands
Gulfport, Mississippi
Wetlands Assessment stated:
• “The presence of suspect wetland areas.”
• “Saturated soils were observed.”
• “The subject property is located within the
floodplain of Turkey Creek.”
• “Wetlands appear to be an environmental
concern in connection with the subject
property.”
Gulfport, Mississippi
Gulfport, Mississippi
Gulfport, Mississippi
• Site placed under contract 7/7/04
• Due to uncertainty, progress was delayed
• Phase I was completed 1/24/05
– Wetlands cited
• Wetlands Delineation completed 2/15/05
• Wetlands Report submitted to USACE 3/15/05
• Jurisdictional determination received 5/10/05
Gulfport, Mississippi
• USACE report posted 6/1/05. Public
comments due 7/1/05
• Mississippi Dept. of Env. Quality approved
Stormwater Pollution Prevention Plan
(SWPPP) on 7/18/05
• Mississippi Dept. of Marine Resources
(MDMR) meeting scheduled for 8/29/05.
August 29, 2005
• Hurricane Katrina
made landfall.
Be flexible, as things
often change
Gulfport, Mississippi
• Took three weeks before contact was reestablished
• MDMR meeting re-scheduled for 10/17/05
• USACE permit received 12/13/05
• Land closing occurred 12/21/05
• Notice to proceed issued 2/08/06
• Certificate of Occupancy received 2/7/07
Gulfport, Mississippi
Other things to consider…
• Public opposition
• Threatened species
– Pygmy Owl, Saguaro
cactus, groundhogs
•
•
•
•
Archaeology
FAA
Historic Preservation
Contamination
Work with the experts
•
•
•
•
•
•
Research
Site Selection
Legal
Architectural
Civil
Environmental and Soils
“A pessimist sees the difficulty in every
opportunity; an optimist sees the opportunity
in every difficulty.”
Winston Churchill
Questions?