Overcoming Barriers to

Transit Oriented Development,

Sustainable Communities,
and Brownfields
Charles R. Wolfe
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
206-274-5145
cwolfe@crwolfelaw.com

28th Annual National CLE Conference

Vail, Colorado January 2011
Charles R. Wolfe, Attorney at Law
The Big Picture

Charles R. Wolfe, Attorney at Law

Transit-Oriented Development:
The Inspiration

Charles R. Wolfe, Attorney at Law

Photo by Burton Holmes
Flinders Street Station, Melbourne , 1917

Charles R. Wolfe, Attorney at Law

Charles R. Wolfe, Attorney at Law
Charles R. Wolfe, Attorney at Law
Charles R. Wolfe, Attorney at Law
Be Careful What You Wish For

Charles R. Wolfe, Attorney at Law

The Background

Charles R. Wolfe, Attorney at Law

Regional Reality Check 2008

Charles R. Wolfe, Attorney at Law

Meeting Stakeholders’ Needs
  Post-Reality Check research needs
  Quality Growth Alliance local zoning/
entitlements committee toolbox needs
  The “Ask”: University of Washington
College of the Built Environments,
Runstad Center for Real Estate Studies
  Recommended Focus: barriers,
solutions and best practices

Charles R. Wolfe, Attorney at Law

 Quality Growth Alliance Partner
University of Washington College of the Built
Environments, Runstad Center for Real
Estate Studies

Report and Annotated

Bibliography:
From Barriers to Solutions and Best
Practices: Urban Centers and TOD in
Washington

Charles R. Wolfe, Attorney at Law

 The Roadmap
  Intended as an applied, useful tool for
stakeholders
  Executive summary

  Top ten barriers, challenges, solutions

and best practices
  Discussion across four broad categories

  Appendices, case studies

Charles R. Wolfe, Attorney at Law

 The Premises
  Concentration of growth in urban
centers and TODs can limit negative
effects of sprawl and improve quality of
life
  The GMA: Washington’s legacy of
concentrated development
  Importance of values and preferences
regarding density, amenities, level of
transit service and guiding principles

Charles R. Wolfe, Attorney at Law

 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

Charles R. Wolfe, Attorney at Law

 The Top Ten, cont’d
  Enhance leadership and vision
  Enhance transportation demand
management and related tools
  Implement proactive zoning and land
use regulations
  Acknowledge political opposition to
growth and density imposition

Charles R. Wolfe, Attorney at Law

 The Four Broad Categories
  Design, Land Use and Regulatory—
Challenges and Solutions
  Diligent Attention to Resolution of
Fiscal Barriers and Challenges
  Resolving Political Challenges

  Recognizing Organizational Barriers

Charles R. Wolfe, Attorney at Law

Design, Land Use and Regulatory:
Challenges and Solutions
  Place-making perspective to leverage
transit access (the three D’s: density,
diversity and design)
  Multi-modal grid

  Transportation Demand Management,

social cost and parking management
  Progressive projects and expedited
permitting and incentives

Charles R. Wolfe, Attorney at Law

 Design, Land Use and
Regulatory:
Challenges and Solutions
in Action

Place-Making Perspective

Charles R. Wolfe, Attorney at Law

 Place-Making Perspective
  Focus on systems over individual
parcels
  Performance-based and value-capturing

  Focus on accessibility

  Community involvement and

neighborhood-based planning

Charles R. Wolfe, Attorney at Law

Place-Making in Practice I

Charles R. Wolfe, Attorney at Law

Place-Making and Multi-Modality
  Investment is aimed at shaping the built
environment
  Multiple stakeholder planning is focused
on future growth, overall mobility, and
mitigation of impact
  Inclusion of amenities serving concentric
circles of community increases
sustainability

Charles R. Wolfe, Attorney at Law

Place-Making in Practice II

Charles R. Wolfe, Attorney at Law

 Diligent Attention to
Resolution of Fiscal Barriers
  Public and private sector barriers
  Public: balancing capital expenditures and
private 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

Charles R. Wolfe, Attorney at Law

Public Funding Framework
General and Enterprise Funds
•  Property, retail, and utility taxes

Bond and Debt Financing

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

Local Options
•  Real estate excise taxes, mitigation and development
fees, and local improvement districts

Grants
Charles R. Wolfe, Attorney at Law
 Private Funding Options
  Public sector investment during
predevelopment
  Strong market analysis to help mitigate
risk
  Deconstructed financing plans to appeal
to multiple investors
  Capturing the benefits of “efficient
location” mortgaging

Charles R. Wolfe, Attorney at Law

Diligent Attention to Fiscal
Barriers in Action

Brownfields Infill vs.

Greenfields Development

Charles R. Wolfe, Attorney at Law

 The Redevelopment Challenge:
Balancing the Marketplace,
Affordability and Quality of Life
  Rational land assembly and regulatory
compliance while assuring feasibility
  Implementation of infill redevelopment costs
more!
  Blending of old and new
  Addressing neighborhood character

  Public sector-mandated regulatory

consistency, resource and human health protection

Charles R. Wolfe, Attorney at Law
 Key Points Regarding
Redevelopment
  Applications of the brownfields toolbox
with emphasis on protectiveness and
future controls and obligations
  Project design and integration with
cleanup: regulatory closure and a
financeable project
  How to manage future obligations: who
will mind the ship?

Charles R. Wolfe, Attorney at Law

 Implementation Issues
  Plan/regulatory amendments to avoid
“Euclidean” tradition
  Development regulations/SEPA may
mandate view preservation
  Impacts on historic buildings
  Cost effective compliance with building,
seismic and fire codes; “green” building
considerations
  Management of impacts on neighbors:
regulatory/public perception standpoints
Charles R. Wolfe, Attorney at Law
 Model Toxics Control Act
RCW 70.105D
  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

Charles R. Wolfe, Attorney at Law

 RCW 70.105D.010(4)

(4) It is in the public's interest to efficiently

use our finite land base, to integrate our
land use planning policies with our clean-
up policies, and to clean up and reuse
contaminated industrial properties in order
to minimize industrial development
pressures on undeveloped land and to make
clean land available for future social use.

Charles R. Wolfe, Attorney at Law

 State (Washington MTCA)
Reform Examples
  Less stringent industrial cleanup
standards, site specificity and remediation
levels
  Prospective Purchaser agreements
  Lender liability exemption
  Permit exemptions
  “Plume Clause”
  IRAP (VCP), NFAs and Opinion Letters

Charles R. Wolfe, Attorney at Law

Getting There: The Community
Renewal Plan
  Plan is core of a Community Renewal
Program
  Components, including GMA consistency
and specificity
  Public notice and Council adoption at
public hearings
  Required findings

Charles R. Wolfe, Attorney at Law

 Everett Housing Authority
  Housing Authority as Community
Renewal Agency
  City, ASARCO, and private redeveloper

  Multiple consent decrees

  Grant resources

  Facilitating cleanup, housing, and

property reuse

Charles R. Wolfe, Attorney at Law

“A major milestone was reached recently.
After Asarco removed the most highly
contaminated soils from the site, the Everett
Housing Authority took over the former
smelter property and the cleanup, with help
from Ecology and the City. The housing
authority sold the cleaned up property to
Barclays North, Inc. New townhouses are
planned on the site of the former
smelter.” (City of Everett Website, May
2006)

Charles R. Wolfe, Attorney at Law

 Step 1
  EHA buys 15 Asarco houses for
$2+M
Everett Housing
Asarco   Asarco uses the $ to remove soil Authority
above 3000 ppm in the Fenced
Area in 2004

Charles R. Wolfe, Attorney at Law

 Step 2
  EHA buys Fenced Area for $1+
M after Ecology cert (8/04)
Everett Housing
Asarco   Asarco uses the $ to: (a) remove
soil in Fenced Area & (b) clean Authority
rest of R-2 zone to residential
standards at all 15 Asarco
houses and 22 non-Asarco
houses

Charles R. Wolfe, Attorney at Law

 Step 3
  Asarco caps Fenced Area with
2+ feet of topsoil; Ecology
certifies cleanup to residential
standards to EHA Everett Housing
Asarco   EHA rehabs & sells 8-15 Asarco Authority
houses ($150K+ ea) for $1-2 M
  EHA sells Fenced Area lots
($30K ea) for $3M

Charles R. Wolfe, Attorney at Law

Virginia Mason Athletic Center
(Seattle Seahawks/Sounders
Headquarters and Training
Facility)

Charles R. Wolfe, Attorney at Law

Early 1920s Plat of Port Quendall Area
Charles R. Wolfe, Attorney at Law
Early Saw Mill Fire at Baxter Site – Circa 1930s
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Industrial Uses Post I-405 Construction - Mid 1950s
Charles R. Wolfe, Attorney at Law
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Resolving Political
Challenges

Charles R. Wolfe, Attorney at Law

The Questions Posed

Charles R. Wolfe, Attorney at Law

 Resolving Political Challenges
  Creating enhanced leadership and
vision
  Coordinating across political
boundaries
  Developing clear discourse: e.g. plans
and policies, acknowledgement of
NIMBYism, focus on depoliticization
  Building consensus toward alternatives
to conventional development

Charles R. Wolfe, Attorney at Law

Recognizing Organizational
Barriers

Charles R. Wolfe, Attorney at Law

 Recognizing Organizational
Barriers
  Mission-dependent, but explore “Big
Picture” thinking
  Perils of “Planning After the Fact”
  Bel-Red model
  Role of leadership to identify constraints,
limitations and institutional barriers
  Technical training, electoral turnover
  Role of public and non-profits: articulate
to lawmakers and build appropriate
political capital for change

Charles R. Wolfe, Attorney at Law

 Bel-Red’s
Ten Planning Principles
  Long-term vision
  Economic vitality
  Differentiated economic
niche
  Building from existing
assets
  High capacity transit
  Land use/transportation
integration
  Community amenities
and quality of life
  Neighborhood
protection,
enhancement, and
creation
  Sustainability
  Coordination
Charles R. Wolfe, Attorney at Law
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 2010
elections
Charles R. Wolfe, Attorney at Law
  October 2010
Regional Transit
Task Force Report
  Emphasis on
productivity, social
equity, geographic
value
  Focus on additional
revenue streams via
legislation

Charles R. Wolfe, Attorney at Law

HUD Sustainable Communities
Grant
  $5 million grant
  Connecting good
jobs, quality schools,
and transportation
  Most funds to be
focused on transit
oriented development

Charles R. Wolfe, Attorney at Law

 Washington House Bill 2850
  Local tax increment financing bill
  Conservation area financing plans

  Legislative work is currently ongoing

Charles R. Wolfe, Attorney at Law

 New Bus Rapid Transit
  First of six planned
county BRT lines
launched in
October 2010
  $61.6 million in
federal grants so far
  Increased and faster
service

Charles R. Wolfe, Attorney at Law

You Think You’ve Got Problems?

Charles R. Wolfe, Attorney at Law

 Conclusion
“Demonstrable implementation of the principles
offered in this report will require an integrated
approach and increased cooperation among actors in
meeting stated regional objectives. Too often, ideas
directed at solving growth related problems are
focused on singular approaches rather than a holistic
approach… Successful creation of… TODs results
from the intelligent linkage of complementary policies
with the co-development of transit services.”

Charles R. Wolfe, Attorney at Law

Resources

Charles R. Wolfe, Attorney at Law

The “Barriers Report”
See :

www.qualitygrowthalliance.org
www.reuw.washington.edu
www.crwolfelaw.com

Charles R. Wolfe, Attorney at Law

State of Washington Final Report
on “Linking Toxics and
Redevelopment”

www.crwolfelaw.com/downloads/0909043.pdf

Charles R. Wolfe, Attorney at Law

For an Urban Point of View

www.urbanpointofview.com

Charles R. Wolfe, Attorney at Law