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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. The Idea Site Acquisition and Control Due Diligence/Entitlement
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Land Use Entitlement Real Estate 619 Urban Land Development Doug Rupe Consolidated Holdings, Inc.
First property opened October 2003 As of 1/1/09Open: 129 Under Construction: 44
Development Components • The Idea • Site Acquisition and Control • Due Diligence/Entitlement • Closing on Property • Improvements – Construction • Project Completion …this evening we are focusing on #3.
EntitlementDefinition • 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! Site Investigation Report
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………….. What happens when you don’t have reliable facts? • Title issues • Use restrictions? • Outstanding taxes? • Building Department review and response. • Proof of Approvals needed to close the loan.
Suddenly, a heated exchange took place between the King and the moat contractor. Contractor Consultant You A & E team
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 issueLincoln: 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 Seek answers that satisfy the owners and the city
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 multi-family residential • Needed to be subdivided • Immediately met with City staff
Site Kansas City
Kansas City Site Plan #1
Kansas City Site Plan #2
Kansas City Site Plan Version 3.0
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 http://www.fema.gov
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 re-established • 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
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
Questions? “A pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.” Winston Churchill