CM10 Reshaping Development Patterns Jim Holway
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This document summarizes a discussion on addressing development entitlements and zombie subdivisions in the Intermountain West. It provides an overview of development entitlements and legal frameworks. It also presents a case study from Teton County, Idaho on their efforts to address entitlements using state enabling authority. Statistics on rural real estate markets and examples of tools for reshaping development patterns are discussed. Next steps outlined include further research, convening experts, conducting additional case studies, and disseminating lessons learned.
CM10 Reshaping Development Patterns Jim Holway
- 2. Reshaping Development Patterns Addressing Development Entitlements & Zombie Subdivisions in the Intermountain West Peter Pollock – Moderator Jim Holway – Project Overview What are Entitlements – Legal & Planning Framework Anna Trentadue – Teton County Case Study Local Situation – Efforts to Address Entitlements – State Enabling Authority Bruce Burger – Rural Real Estate Markets Evolution of Markets – A New Normal ? – Conservation Approaches --------Discussion --------
- 3. Reshaping Development Patterns -------------------------------------------------- Project Sponsors ( so far …) Lincoln Institute of Land Policy Orton Family Foundation George B. Storer Foundation Sonoran Institute 1 % For The Tetons Huntsman Springs
- 4. Reshaping Development Patterns -------------------------------------------------- Partners ( so far …) • Sonoran Institute • Lincoln Institute of Land Policy • Valley Advocates for Responsible Development • University of Utah Metropolitan Policy Center • Orton Family Foundation • Teton County, Idaho • Teton Regional Land Trust • Friends of the Teton River • Land Equity Partners • Trout Unlimited
- 6. Reshaping Development Patterns Addressing Development Entitlements & Zombie Subdivisions in the Intermountain West Development Entitlements …. What are they ? Are they a Problem .. an Issue in your Community ? Legal & Planning Frameworks Objectives & Future Directions
- 7. Premature Obsolete Entitlement Issues Cumulative Impacts Market Distortions – Reduce Property Values Tie up Resources (assured water supply) Reduce Ability to Plan & Adjust Premature Subdivision Issues Land Use Commitments Servicing Costs – Fiscal Impact Blight Changing Standards Obsolete Subdivision Issues Public Safety Community Quality Environmental Damage adapted from Don Elliott – Clarion & Associates Zombie
- 8. Paper Plats and Partial Performance Plats Development Agreement Only (no plat filed) Preliminary Plat Approved Final Plat Approved One or Few Owners Many Owners No Improvements (True “Paper Plats”) Some Improvements No Improvements Some Improvements No or Few Homes Built Many Homes Built Not very easy to address Much harder to address Don Elliott – Clarion & Associates
- 9. Constraints on Efforts to Address Entitlements Lot Owner Rights & Vesting Preserving Lot Access “Equal Treatment” Due Process & Takings Major legal Powers Involved Subdivision powers Zoning powers PUD powers Development agreements Others (unique to each state) Sub Zone PUDs Devt Agts adapted from Don Elliott – Clarion & Associates
- 10. Unresolved Legal Issues Interpreting statutory silence on how these powers work together Police power principles for zoning and subdivision Contract principles for PUDs and agreements Principles of “reliance”, “estoppel, and “vesting” The contract question It is not exactly clear when a local government can alter a negotiated contract to which it is a party Elected officials have less authority to bind successors PUDs cannot be forever, but when can they be changed
- 11. Four Potential Legal Claims that may arise from attempts to “Reshape Development” Lack of Authority Statutes assume but do not say that plats are forever Vested Rights in the Plat Common law and statutory vesting “Taking” Property Rights Physical vs. regulatory takings Violations of Procedural Due Process Legislative vs. quasi-judicial actions
- 13. Source: John Burns Real Estate Consulting, March 2010 MacroMarket Layoffs and OpKon ARM resets will keep foreclosure starts at or above 2 million through 2012. 13
- 14. Recovery Predictions Kelsey & Norden 2009
- 15. Anna Trentadue, Valley Advocates for Responsible Development
- 16. TETON VALLEY MARKET STATISTICS Residential Lot Sales (2001-2010*) * Data for 2010 as of 02/26/10 16 171 122 166 256 628 618 545 85 50 2 $69,950 0 100 200 300 400 500 600 700 $25,000 $45,000 $65,000 $85,000 $105,000 $125,000 $145,000 $165,000 $185,000 $205,000 $225,000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010* # of Sales Purchase Price # of Sales Average Price Median Price Land Equity Partners
- 21. • Active 140,828 (39,848 acres) • Under Construction 8,195 (2,380 acres) • Entitled 623,010 (184,763 acres) • Tentative Plat 28,667 (8,396 acres) Existing Housing & Population (2007): • Total Dwelling Units 142,677 • Occupied Dwelling Units 105,316 • Population 326,398 Pinal County - Total Units and acres (2009): CAAG 2007, 2009
- 22. • Total Dwelling Units = 142,677 • Occupied Dwelling Units = 105,316 • Population = 326,398 Existing Housing & Population CAAG 2007
- 24. Types of tools to reshape development Economic incentives Purchasing land or property rights Regulating the land Replatting Rezoning Growth management Rationing permits Service areas & infrastructure phasing Zoning Ordinance Text Zoning Base Map Zoning Overlay Map Adapted from Don Elliott – Clarion & Associates
- 26. Choosing tools to reshape development Be clear about WHY you are doing this Preserving land values & economy? Land & habitat conservation? Improving quality of layout/lots? Reducing lots? Rationalizing growth patterns? avoiding early commitment of resources equity among property owners Knowing WHY you are doing this will help determine WHICH TOOLS you should use adapted from Don Elliott – Clarion & Associates
- 27. Reshaping Development Patterns Our Next Steps • Background Research • Experts Convening • RFP for Targeted Applications / Case Studies -- 2 more • Case Studies • New Working Papers State Enabling Authority, Westwide Survey of Entitlements, Future Markets & Economic Base Studies, Fiscal Impacts, Best Practices, Case Study Lessons, etc. • Synthesis – Lessons Learned & Policy Options • Funders & Partners ???? • Publish & Disseminate Google “Western Lands and Communities” … click on Reshaping Development Patterns