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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
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
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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
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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
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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
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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
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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
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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
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Place-Making Perspective
Focus on systems over individualparcels
Performance-based and value-capturing Focus on accessibility Community involvement and
neighborhood-based planning
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Place-Making in Practice I
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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