CEE 3274 LD & Due Diligence

Introduction to Land Development Module 3 LD & Due Diligence

Entitlements

legal rights given by approvals from government to develop a property

Entitlements, Approvals, and Permitting

Entitlements: Zoning and Federal/State Permits

Approval: Design Docs get approved

Permitting: Local permits

Permitting

approvals granted by government for specific activity

Local Government

steers land development projects through comprehensive plans, zoning ordinances, design manuals

Comprehensive Plans

required by state law, sets goals for suture development in a locality, looks to achieve long term goals for community through policy such as future zoning

Plan Role

comprehensive plans vary by locality, advisory in nature

Who is involved in comprehensive planning?

Government officials, community residents, business leaders, land developers

Effects of comprehensive planning on different parties?

Government: charts a course of ensuring a high standard of living

Residents: serves as a blueprint for their community and its future

Business people and developers: Identifies new markets and opportunities

Topics for consideration in comprehensive planning

population growth, land use, environmental features, transportation infrastructure, housing trends, community facilities

Zoning

legally enforceable document that governs land use, layout, and density. Zoning ordinance and map are adopted to achieve the land use patterns describes in the comprehensive plan

Types of Zoning Districts

residential, agricultural, commercial, office, institutional, industrial

By Right Use

use explicitly permitted in a zoning district that is fundamental to the district’s character, for example:

general commercial → restaurants

low density residential → single family

high density → apartments

Special Use Permits

AKA Conditional Use Permits, may be issues when a land use is proposed that is not explicitly stated in the district’s by right uses, must demonstrate that the proposed land use is in compliance with the district’s intent

Rezoning

When a developer’s plans conflict with zoning and differ beyond what can be addressed with a SUP, rezoning may be an option, very time consuming and not guaranteed

General Rezoning Sequence

1. prepare rezoning application

2. city staff reviews and provides comments

3. address comments and resubmit with proffers

4. meet with community group

5. planning commission hearing

6. city council hearing

7. start site plans

Proffers

voluntary development conditions offered by developer to locality to minimize impacts generated by development, binding, typically expected with rezoning cases, negotiated with locality and residents

Proffer Examples

roadway improvements, architecture, public fund contribution, right of way dedication, enhanced landscaping

Land Development Engineer’s role in rezonings

1. consulting/negotiating/solving problems

2. analyzing development impacts

3. providing improvement recommendations

4. meeting with city and residents to determined perceived issues with rezoning

5. draft proffers to alieve concerns

Zoning - Density

Density: units or bedrooms per acre, floor to area ratio (FAR) = total building SF above ground/parcel SF, minimum lot size, maximum lot coverage

Zoning - Layout

Frontage - width of property along right of way

Setbacks - distance between structure and property lines

Open space and parking requirements

Landscape requirements\

Building Height

Bulk Angle

Transit Oriented Development (TOD)

minimum density, maximum setbacks, maximum parking, mixed use

Due Diligence

process of research and analysis prior to property purchase or investment

Due Diligence Purpose

allows developer to make an informed decision regarding property acquisition and/or project financing, assists in determining the financial feasibility of the proposed project, avoids liability

General Site Characteristics

Total Acreage, current owner, current and historic uses, current zoning and by right uses, configuration and shape of parcel, adjacent properties

Boundary Survery

helps identify parcel acreage, easements and right of way of property, floodplains and wetlands, and zoning

Easements

provides third party with the right to access private property for a specific purpose. No transfer of parcel ownership (Ex utility and stormwater access)R

Right-of-Way

property owned by government agency or private company such as power company

Deed Restrictions and Covenants

obligates the property owner to refrain from some specific activity or use on their property, private agreement among private land owners/tenants

Regulations

Identifies the appropriate processes to achieve the proposed development, addresses timing and cost, summarizes key sections from regulatory documents

Environmental Site Assessment (ESA)

Phase I: site research (performed during due diligence stage)

Phase II: location and quantification

Phase III: removal, remediation, monitoring

Phase I ESA

database research (underground storage tanks and review of monitored spills on adjacent sites), site reconnaissance, interviews

Phase II and III

Location and quantification of spill then removal and monitoring

Wetlands Delineation

identify boundary for wetland, identified based on soil types, vegetative species, hydrologic and hydraulic properties

Floodplain

protect life, health, and property

Site Vegetation

tree preservation, provides erosion control, reduced stormwater runoff, ‘air conditioning’ to reduce thermal impact, acoustical control

Subsurface Exploration

determine soil bearing capacity, identify location and volume of unsuitable soil and rock, infiltration rates, depth to groundwater, depth to bedrock, environmental contamination

Storm Drainage Concerns

on site drainage patterns, existing drainage, existing floodplains and wetlands, existing downstream drainage problems

Sanitary Sewer

owner and regulatory authority, available capacity, size and depth of lines to which connection is proposed, need for and availability of easements, gravity/pump/one-site treatment

Water Distribution

owner and regulatory authority, existing flow and pressure, size and depth of lines to which connection is proposed, need for and availability of easements, development requires fire hydrant spacing/fire flow/pressure