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TOD Fable - A Tale of Two Cities


TOD developers submit applications to staff at the permit centers in two cities. In each city, the mayor, council, planning commission, design review board, council of neighborhood association presidents, and other civic, environmental and business leaders have been telling everyone that TOD is the wave of the future.

First City

City staff mail their preliminary staff report to the developer saying that the proposed TOD project will require:

  • A plan amendment (allowed once per year, the deadline was last month).
  • A zoning code amendment to allow mixed use development, higher density, lower parking ratios and shared parking.
  • A one year process to allow adequate time for hearings and code interpretation.
  • A new sewer line located more than a mile from the project site.
  • A conditional use permit and three variances.
  • Neighborhood endorsement even though the project meets city requirements.
  • Masonry construction because five-story wood-frame residential mixed use construction is not allowed in the city.
  • Wider streets for the city's proposed new (much bigger) fire trucks.

Second City

City staff provide a preliminary approval certificate for the development which states that the proposed mixed use TOD project:

  • Meets the TOD requirements of the city plan, regulations and design standards.
  • No off-site infrastructure is required.
  • No hearings are required.
  • Environmental mitigation measures are consistent with the sub-district EIS.
  • The project qualifies for a 50% parking reduction due to the TDM measures.
  • Five-story wood frame is allowed under the new TOD building code revision.
  • A contribution to the TOD Overlay District shared parking structure fund will be accepted in lieu of the other 50% of otherwise required on-site parking.
  • The project qualifies for a ten year property tax abatement on improvements because it is located in a city designated TOD target area and includes 20% affordable housing units as well as pedestrian and transit supportive design features.
  • Based on recent test results from the fire marshal, smaller width streets are acceptable.

A few days after the developer receives the preliminary approval certificate, two letters arrive:

  • One from the transit agency endorsing the proposed project and offering its adjacent site for an expanded TOD project.
  • A second one from the president of the chamber of commerce offering to set up a press conference with the developer, project investors, the mayor, the general manager of the transit agency, the president of the neighborhood association, a representative of a local environmental group, and the chair of the chamber's TOD task force.

Moral of the Story

Use a variety of methods to get your message out.

  • The city wants TOD, there is a market, and we have done our homework.
  • Building TOD will save you time and money, increase your profits and reduce your risk.
  • The city's TOD strategy provides flexibility and certainty.
  • The city is ready to work with you.

To get started, interview members of the local development community about TOD obstacles and opportunities.  Provide TOD training for city staff. Audit and amend the city plan and development regulations.  Distribute your city TOD booklet through the chamber of commerce.  Work with Realtors that have TOD sites available for purchase.

Let people know that the city's TOD office has case studies, market analyses, development opportunity profiles, GIS maps, information on incentives, videos, and references on local consultants with TOD expertise.  Let people know that this information is available on the city's web site.

Set up a TOD speakers bureau to arrange presentations for continuing professional education credit, trade association lunches, meetings, seminars, workshops, conferences, and media events like a ground breaking or grand opening.

Tell developers (and their consultants) that the city's TOD Program will provide up to 50% of the cost of market analysis and preliminary site design for potential public/private TOD mixed use joint development projects in your city.

 

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