NEW YORK CITY-They say all politics is local--and that same adage goes for local zoning, too. With power constantly changing hands, frequent legislation turnovers and late-night city council meetings, it can be easy to miss an ordinance revision or rezoning decision that could affect property owners and land values. For much of the commercial real estate community, it’s still difficult to decode. “It is hard to speak in broad strokes because it such a dynamic and moving field,” commented Dan Kleiman, of Zurich North America Commercial.
Yet Kleiman, as Zurich’s head of real estate for North America, knows what to do and what not to do when it comes to the municipal zoning process. “Everyone is affected by it, and there are a number of different driving factors,” Kleiman said. He and his fellow panelists during Thursday’s “Decoding Local Laws: How changes in local laws can lead to increased real estate exposures” webinar discussed the ins-and-outs of local legaleze from a variety of perspectives, including owner/developer, governing bodies, tenants and lenders.
In navigating this regulatory jungle, panelists conceded that zoning changes may affect property values in several ways, especially if a municipality decides to landmark, change the use of or downzone the property, which could potentially impact maturing debt or completely damage the deal. As an example, Wayne Caplan, director of investment and development at Sperry Van Ness, who specializes in the sale and lease of commercial properties throughout Chicago, said he represented a mixed-use property that was downzoned in the middle of a transaction. In turn, the zoning change dramatically affected the size and scope of the planned project, resulting in a 40% decrease of the land’s total value. “It kills the deal,” Caplan said. “It causes you to have less buildable value, and that’s a problem.”
And depending on where the deal is going down, several parts of the county are subject to more frequent code and zoning changes, like coastal areas such as California and Florida; larger metropolises with more active courts such as New York, New Jersey, Chicago and Pennsylvania; and smaller catastrophe-stricken areas like Mississippi, Louisiana and the Central Plains.
Though laws that restrict development are done for a myriad of factors, one of the biggest factors is environmental concern. But as a result, restrictive ordinances can result in tax ratable losses for a municipality, causing the local tax levy to increase. “One of the problems we have in municipalities in the country being broke or close to broke, is the lack of real estate transfer taxes that are being generated,” Caplan said. “If you pass legislation that inhibits value, it is not the big rich property owner that gets hurt. There are other wide-ranging effects that are not good for anyone as well.”
Be that as it may, the best solution for investors is to work with local elected officials, local chambers of commerce, community groups and other players who have a stake in what projects get the green light. “It is very important for developers to begin working with as many people as soon as possible before they start throwing in real money to design,” said Brian Bernardoni, director of government affairs of Chicago Association of Realtors, who works with the association’s leadership to monitor legislation impacting the real estate industry. “It should be done in neighborhoods that are known to be more sensitive about zoning changes.”
John Salustri, content director at ALM’s Real Estate Media Group, moderated the hour-long discussion, a GlobeSt.com presentation that was sponsored by Zurich. To listen to a replay of the June 16 event, available on demand until September 15th, click here.
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