Colorado January 2011

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Charles R. Wolfe, Attorney at Law

Overcoming Barriers to

Transit Oriented Development,Sustainable Communities,and Brownfields

Charles R. Wolfe

1420 Fifth Avenue, Suite 2200

Seattle, WA 98101

206-274-5145

[email protected]

28thAnnual National CLE ConferenceVail, Colorado January 2011


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The Big Picture


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Transit-Oriented Development:

The Inspiration


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Photo by Burton Holmes

Flinders Street Station, Melbourne , 1917


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Be Careful What You Wish For


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Post-Reality Check research needsQuality Growth Alliancelocal zoning/

entitlements committee toolbox needs

The Ask: University of WashingtonCollege of the Built Environments,Runstad Center for Real Estate Studies

Recommended Focus: barriers,solutions and best practices

Meeting Stakeholders Needs



Quality Growth AlliancePartnerUniversity of Washington College of the Built

Environments, Runstad Center for RealEstate Studies

Report and AnnotatedBibliography:

From Barriers to Solutions and BestPractices: Urban Centers and TOD in

Washington



Intended as an applied, useful tool forstakeholders

Executive summaryTop ten barriers, challenges, solutions

and best practices

Discussion across four broad categoriesAppendices, case studies

The Roadmap



The Premises

Concentration of growth in urbancenters and TODs can limit negativeeffects of sprawl and improve quality of

lifeThe GMA: Washingtons legacy of

concentrated development

Importance of values and preferencesregarding density, amenities, level oftransit service and guiding principles



The Top Ten

Accommodate pedestrians Improve access from transit to jobs and

residences

Move from node to place Resolve fiscal challenges and barriers Depoliticize transit service Integrate views among actors



The Top Ten, contd

Enhance leadership and vision Enhance transportation demand

management and related tools

Implement proactive zoning and landuse regulations

Acknowledge political opposition togrowth and density imposition



The Four Broad Categories

Design, Land Use and RegulatoryChallenges and Solutions

Diligent Attention to Resolution ofFiscal Barriers and Challenges

Resolving Political Challenges Recognizing Organizational Barriers


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Design, Land Use and

Regulatory:

Challenges and Solutions

in Action

Place-Making Perspective



Place-Making Perspective

Focus on systems over individualparcels

Performance-based and value-capturing Focus on accessibility Community involvement and

neighborhood-based planning



Place-Making in Practice I



Place-Making and Multi-Modality

Investment is aimed at shaping the builtenvironment

Multiple stakeholder planning is focusedon future growth, overall mobility, andmitigation of impact

Inclusion of amenities serving concentriccircles of community increasessustainability


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Place-Making in Practice II


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Diligent Attention to

Resolution of Fiscal Barriers Public and private sector barriers

Public: balancing capital expenditures andprivate debt

Private: balancing higher costs and risks Measuring and capturing value High costs of infrastructure Infill vs. greenfields development Endorsement of active resolution efforts:

PSRC study and other sources


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Public Funding Framework

Property, retail, and utility taxesGeneral and Enterprise Funds

State and federal bonds, revenue bonds, and otherbonds (63-20 financing)

Bond and Debt Financing

Real estate excise taxes, mitigation and developmentfees, and local improvement districts

Local Options

Grants


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Private Funding Options

Public sector investment duringpredevelopment

Strong market analysis to help mitigaterisk

Deconstructed financing plans to appealto multiple investors

Capturing the benefits of efficientlocation mortgaging


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Diligent Attention to FiscalBarriers in Action

Brownfields Infill vs.

Greenfields Development


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Rational land assembly and regulatorycompliance while assuring feasibility

Implementation of infill redevelopment costsmore!

Blending of old and new

Addressing neighborhood character Public sector-mandated regulatoryconsistency, resource and human health protection

The Redevelopment Challenge:

Balancing the Marketplace,

Affordability and Quality of Life


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Key Points Regarding

RedevelopmentApplications of the brownfields toolbox

with emphasis on protectiveness andfuture controls and obligations

Project design and integration withcleanup: regulatory closure and afinanceable project

How to manage future obligations: whowill mind the ship?


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Implementation Issues

Plan/regulatory amendments to avoidEuclidean tradition

Development regulations/SEPA maymandate view preservation

Impacts on historic buildings Cost effective compliance with building,

seismic and fire codes; green buildingconsiderations

Management of impacts on neighbors:regulatory/public perception standpoints


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Modeled on Superfund Includes petroleum as hazardous

substance; pioneering plume exception

Similar defenses Cleanup levels (Method A, B, C)* Similar secured-party exemption Private right of action includes attorney

fees

Model Toxics Control Act

RCW 70.105D


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State (Washington MTCA)

Reform Examples

Less stringent industrial cleanupstandards, site specificity and remediationlevels

Prospective Purchaser agreements Lender liability exemption Permit exemptions Plume Clause IRAP (VCP), NFAs and Opinion Letters


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Getting There: The CommunityRenewal Plan

Plan is core of a Community RenewalProgram

Components, including GMA consistencyand specificity

Public notice and Council adoption atpublic hearings

Required findings


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A major milestone was reached recently.

After Asarco removed the most highlycontaminated soils from the site, the EverettHousing Authority took over the formersmelter property and the cleanup, with helpfrom Ecology and the City. The housingauthority sold the cleaned up property toBarclays North, Inc. New townhouses are

planned on the site of the formersmelter. (City of Everett Website, May2006)


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Step 1

EHA buys 15 Asarco houses for$2+M Everett Housing

AuthorityAsarco

Asarco uses the $ to remove soilabove 3000 ppm in the Fenced

Area in 2004


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Step 2

Asarco uses the $ to: (a) removesoil in Fenced Area & (b) cleanrest of R-2 zone to residentialstandards at all 15 Asarcohouses and 22 non-Asarcohouses

AsarcoEverett Housing

Authority

EHA buys Fenced Area for $1+M after Ecology cert (8/04)


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Step 3 Asarco caps Fenced Area with

2+ feet of topsoil; Ecology

certifies cleanup to residentialstandards to EHA

EHA rehabs & sells 8-15 Asarcohouses ($150K+ ea) for $1-2 M

EHA sells Fenced Area lots($30K ea) for $3M

Everett HousingAuthority

Asarco


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Virginia Mason Athletic Center(Seattle Seahawks/Sounders

Headquarters and Training

Facility)


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Charles R. Wolfe, Attorney at LawEarly 1920s Plat of Port Quendall Area


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Charles R. Wolfe, Attorney at LawEarly Saw Mill Fire at Baxter Site Circa 1930s


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Charles R. Wolfe, Attorney at LawIndustrial Uses Post I-405 Construction - Mid 1950s


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The Questions Posed


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R i i O i i l


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Recognizing Organizational

Barriers


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B l R d


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Bel-Reds

Ten Planning Principles

Long-term vision Economic vitality Differentiated economic

niche

Building from existingassets

High capacity transit Land use/transportation

integration

Community amenitiesand quality of life

Neighborhoodprotection,enhancement, andcreation

Sustainability

Coordination


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Post-Report Evolution: Examples

Regional Transit Task Force Study, 2010 HUD Sustainable Communities Grant,

2010

Washington House Bill 2850 New Transit Developments

King County Bus Rapid Transit Sound Transit Funding Challenges

Consequences of November 2010elections


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October 2010Regional Transit

Task Force Report

Emphasis onproductivity, socialequity, geographic

value

Focus on additionalrevenue streams vialegislation


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HUD Sustainable Communities

Grant $5 million grant Connecting good

jobs, quality schools,and transportation

Most funds to befocused on transit

oriented development


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Washington House Bill 2850

Local tax increment financing bill Conservation area financing plans Legislative work is currently ongoing


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New Bus Rapid Transit

First of six plannedcounty BRT lines

launched in

October 2010 $61.6 million in

federal grants so far

Increased and fasterservice


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You Think Youve Got Problems?


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Conclusion

Demonstrable implementation of the principlesoffered in this report will require an integratedapproach and increased cooperation among actors inmeeting stated regional objectives. Too often, ideasdirected at solving growth related problems are

focused on singular approaches rather than a holisticapproach Successful creation of TODs results

from the intelligent linkage of complementary policieswith the co-development of transit services.


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Resources


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The Barriers Report

See :

www.qualitygrowthalliance.org

www.reuw.washington.edu

www.crwolfelaw.com


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State of Washington Final Report

on Linking Toxics andRedevelopment

www.crwolfelaw.com/downloads/0909043.pdf


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For an Urban Point of View

www.urbanpointofview.com

Colorado January 2011

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