Land Development Today - July/August 2007 - (Page 14)

REGULATIONS By Erica Leatham Keep Local Changes on Your Radar Keeping a sharp eye on local regulations can keep projects on track. As major metropolitan areas are quickly reaching physical expansion limits and are significantly redeveloping existing areas, local policymakers are struggling to keep up. Consequently, they are overhauling outdated zoning regulations and procedures. In the process, development professionals and property owners are sometimes on the outside looking in, or worse, completely blindsided by the changes, which can significantly affect their plans and their bottom lines. An important element of a developer’s risk management plan is staying on top of, and being a part of shaping, the changing land use environment. Although government structures and issues vary from locale to locale, particularly depending on the agency holding the planning and zoning power, land use and development is primarily a local matter. As a result, decisions are made at a level in which access to the politicians and policy makers is relatively straightforward. Almost anyone can, if properly informed, meet with the decision-makers and potentially influence the decisions. The key, of course, is to stay informed and react to an unfavorable land use policy before it takes effect, as well as develop effective arguments and engage supporters. Local actions that can impact development generally fall into three distinct areas: land use policy, such as zoning standards, growth controls, master plans and affordable housing resources; specific project-related decisions, either approval or denial of a zoning request; and, environmental regulations, as most jurisdictions are free to adopt laws/regulations stricter than those in place by the state. Land Use Policy Policy issues generally garner the most attention from the industry and the media, particularly in regions where land use is a hot-button political issue. Of the policy issues, growth controls and affordable housing often generate the most debate and, therefore, are generally highly visible issues that can lead to discussions between the industry and the decision-makers. Recently, the city of Gaithersburg, a municipal corporation in Montgomery County (Maryland), enacted a new affordable housing program requiring 15 percent of the units in any new residential development of a certain size be set aside as affordable units. However, out of multiple responses to a request for proposal for development within the city, only one developer was aware of the legislation and modified their offer accordingly. The one developer that was aware of the program was made aware via conferences with counsel and elected to retract the proposal. Only at that point, were the property owner and other bidders made aware of the issue. Blindness to such a major change can be disastrous. The legislation was initiated and implemented quickly in response to recent redevelopment projects in the city, but not without the required advertisements and public hearing opportunities. The local media also carried stories on the issue. Even though the public process was followed, it was easy for the developers to overlook the issue because it happened relatively quickly and because there are many, many factors to consider when looking for suitable development opportunities. Were it not for capable counsel, this particular developer may have submitted an unrealistic, and likely unsustainable, offer. Growth control legislation through any of its various forms – moratoria to allow infrastructure to “catch up,” ade- 14 July/August 2007 Sustainable Land Development Today

Table of Contents Feed for the Digital Edition of Land Development Today - July/August 2007

Cover Contents Our Voice: Industry Advocates Your Voice: Reader Response Cover Story: Preparing Your Tax Strategy The Rules of the Game Historical Redevelopment Project Profile: Seattle’s High Point Retention: From Ravine to Road Land Use: Picatinny Arsenal Mixed Use: Florida Offices Industry News Products/Services Showcase Classifieds Recommended Reading Advertiser Index Editorial Board The Last Word: What? Me Plan… Urban Development

Land Development Today - July/August 2007

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