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HARP - On This. . .

A Commercial Real Estate and Business Thought-board

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A Commercial Real Estate and Business Thought-board

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Commercial Real EstateWhite Papers

Cities Shooting Economic Development in the Foot

By Kymn Harp
August 18, 2014 4 Min Read
8

NOTICE TO MUNICIPALITIES:  If you want economic development, ACT LIKE IT!

Sometimes, municipalities can be their own worst enemies when it comes to economic development. At best, things they sometimes do, or don’t do, evidence disinterest, if not incompetence. Alternatively, it may evidence a breach of trust to the community and local taxpayers.

http://www.dreamstime.com/royalty-free-stock-photos-city-development-image22231888Here’s the situation:

Recently, in representing developers before a variety of municipal governments, I have been struck by the Jekyll and Hyde  approach many have when in comes to economic development. Often, the city, town or village will have a fully staffed economic development department. It may pay hundreds of thousands of dollars per year, if not millions of dollars per year, to pay economic development staff salaries and to cover associated overhead. It will allocate or approve millions of dollars per year in economic development grants, tax incentives, tax increment financing, real estate tax abatements, sales tax revenue sharing, and other economic incentives to encourage investors and developers to bring private development to the city to create jobs, remove blight, increase land values and otherwise improve the quality of life of the community.  These are all proper uses of public economic development funds.

Then what?

As is necessary, the developer has its architect submit plans to the municipal building department for review and approval to obtain a building permit. There is nothing controversial about that, right? But then, in a remarkably high number of circumstances, the permitting process proceeds at only glacial speed.

How long should it take to review plans and specifications for a modest sized project that will bring jobs and economic opportunity to the city? The city has already confirmed that it wants the project by granting development incentives to the developer for the project. When the developer’s architect is moving forward as quickly as practical to obtain the building permit, should it take the municipal building department 9 to 10 months to issue a building permit on a modest sized structure? I’m not talking about a building the size of Trump Tower – I’m referring to buildings of less than 30,000 square feet. How long is reasonable?  Is a building permit review process that takes 9 to 10 months necessary or reasonable? How is that promoting economic development?

And once the building permit is issued, and work begins – how often should work have to stop because city building inspectors fail to show up for scheduled inspections?

Private investors and developers cannot afford – literally – to sit around and wait extended periods of time to move a project to completion. Market conditions change. The cost and availability of money changes. Commercial tenants choose other options.

The Point?

The point here is that municipalities need to get their act together if they want to promote economic development in their communities. Not all cities, towns and villages are guilty of dragging their feet or sending mixed messages, but there are many more than you may think. For developers, time really is money.

It is counterproductive – and more than a bit silly – for local governments to “give away” economic incentives to promote economic development, and then have their building departments drag their municipal feet in facilitating completion of the project. Economic development staff and their building department siblings need to get on the same page and follow the same agenda if a municipality truly wants to promote economic development.

Promoting Economic Development

hands holding trees growing on coins

Promoting economic development is not merely a matter of handing out economic incentives. That can be useful – and sometimes necessary – to promote economic development in your community, but it is not the whole story. To get the economic development engine running, local governments need to take a holistic approach that fully embraces and encourages desired economic development. It needs to walk the walk.  It needs to expedite services to facilitate development. It needs to get its collective act together – in all municipal departments – to genuinely do what is in the best economic interests of the community.

Commercial developers and their prospective commercial tenants and users have choices as to where to invest their money to build new projects that promote economic growth. Most development opportunities are regional, if not national or global. If your town will not do all it can reasonably do to truly promote economic development in a meaningful way, some other town likely will.

This is not a threat – it is a practical reality. If you are in local government and genuinely want economic development, I suggest, with all due respect, that you act like it.

Thanks for listening.

Kymn

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#CREabatementbrokerbuilding permitsbusinesscommercial real estatedevelopmenteconomic developmenteconomyproject entitlementpromoteremove blightsite entitlementtax increment financing
Author

Kymn Harp

Kymn Harp is a solutions oriented commercial real estate and business attorney in Chicago, Illinois. Harp is a Shareholder in the Chicago office of Buchalter, APC, a full service law firm representing middle market businesses, business owners, commercial real estate investors and developers, banks, and wealthy individuals. Representing commercial real estate owners and developers and private sector businesses since 1978, Harp focuses on understanding his clients' precise business needs and then developing and implementing creative best practice solutions. Kymn (pronounced "Kim") is a frequent speaker at industry and bar related conferences, and an author of numerous articles on topics of interest to the commercial real estate industry and privately held business owners. He is the author of "ILLINOIS COMMERCIAL REAL ESTATE - Due Diligence to Closing, w/Checklists", a book focused on due diligence and commercial real estate, available at Amazon.com and other online bookstores. Harp believes that in order to get what you want, you have to know what you want. You must employ due diligence in understanding the obstacles and opportunities presented, and in developing and executing a plan of action. There is no reliable shortcut to having a precise objective and an understanding of exactly how to achieve it.

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8 Comments
  1. Bob Roberts says:
    August 9, 2013 at 1:20 pm

    Cities look at projects as profit centers and partnerships. I t is never what can this project do for a developer and community. If government doesn’t make an arrangement the economy is a joke and unfortunately the joke is on us.

    Reply
  2. Brett Doney says:
    August 13, 2013 at 8:37 am

    Kymn, I don’t know where you’re experiencing these delays, but suggest you come out west. In Montana, we’re hungry and know how to quickly get projects into construction.

    Reply
  3. Webbproperties Albany says:
    August 14, 2013 at 8:37 am

    Well, just saying! 🙂

    Reply
  4. Scott McAninch says:
    August 14, 2013 at 9:53 am

    Are those delays related to not meeting the zoning code or requirements of special districts? Usually, a standard building permit, if all requirements are met, is issued on the spot. It is always a balancing act between quality of life and development. Sure, you want economic development, but you want it to be of the highest possible quality and not just to “give it away” to the lowest bidder, destroying quality of life.

    Reply
  5. Raymond White says:
    August 16, 2013 at 10:20 am

    We certainly know that “time is money” here in Virginia Beach. Our ED department works closely with others involved in zoning, permitting, etc. If there is a snag in the process, we facilitate solutions to keep things moving ahead.

    Reply
  6. Lyn Calerdine says:
    November 20, 2013 at 5:42 pm

    John, I agree this can be a problem, particularly in California. What the autor fails to mention is that getting approval from the Planning and Engineering side often entails an open public process, including the lengthy environmental approval process. PLan check and Inspection should be more expeditious; however, the work load of the plan check and inspections will vary greatly overtime. Cities do not, and generally, cannot afford to staff the Plan Check and Inspection Departments at a level to accommodate booms in development. To expedite the Plan Check/Inpsection process, Cities will require staff to work overtime, bring in temporary staff, and/or contract out the plan check process. All this takes time and money.

    Reply
  7. Kymn Harp says:
    November 20, 2013 at 6:50 pm

    Thank you for your comments John and Lyn. I don’t practice in California (thankfully, it appears). Are you saying that in California, even though a municipality has determined a project is desirable enough to provide public funds, such as tax incement financing funds, equal to say 25% of the total project cost, that it is common, and acceptable, for the building department to take 10 months to review build plans and issue a building permit on a simple 10,000 to 15,000 square foot commercial building? If so, please let me be the first to invite all California developers to Chicago and the surrounding MSA.

    Reply
  8. ICSC RECon 2014 - Spotlight: MONEE, ILLINOISHARP – On This. . . says:
    May 19, 2014 at 10:01 pm

    […] and Hyde approach sometimes taken with respect to economic development. You may recall my post Cities Shooting Economic Development in the Foot. I cannot guaranty that this won’t be the case in Monee, Illinois, but all indications are that […]

    Reply
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