How to block new development?

Question

I know this is sort of detrimental and not a normal topic, but I am in the opposite corner on this deal.

I live in a VERY residential neighborhood.  Everyone has a typical cookie-cutter house with a small yard/garage/white picket fence.  Directly next to my neighborhood, a housing development company wants to build a 200+ unit apartment building.  Not condos, apartments.  The neighborhood is up in arms over it.  All the NIMBY-ers were at the town meeting, but I don't think the town is going to block it.  Naturally I don't want a HUGE 6+ story apartment building 50ft from my house (I'm almost next to it), and I'm trying to think of (legal) ways to stop it.  It came up to the town because they want a variance on the building height, and other minor things.

Any ideas?

Jon Holdman · Answer

Why don't you buy the chunk of land you want to control? If they only need a variance for height and "other minor things" then they must be pretty close to the allowed zoning. So, in fact you did sign up for something along these lines. If the height line is, say, 20' and they want 60', then you have a pretty valid complaint. But if you're talking an existing 50' limit and they want 60', then its not much of a difference.

Sorry, but I'm a believer in property rights. If they own the property are are doing what is their right to do, then they should be able to do it.

Sorry, but I'm a believer in property rights.  If they own the property are are doing what is their right to do, then they should be able to do it.

Jon Holdman · Answer

Good question, Jon K.  It sort of depends on my mood at the moment.  Overall, I think its a good strategy and a good redevelopment plan.  A lot of the property owners on this main road have been in limbo for a number of years.  This road is actually a state highway, and its three lanes just to the north of use for some number of miles.  So, there's a choke point when it narrows to two.  The state is going to widen it at some point.  Property owners were reluctant to make any improvements without knowing if they were going to be knocked down.  Now there is some clarity.  There's a little progress, but as we all know, money is incredibly tight.  So, its slow.

OTOH, I've said many times that I think houses are nothing but expensive doo-dads.  We fully play to die in the one we have now.  We made some serious improvements just before this plan came out.  Probably too much improvements, but since we planned to be around a long time, a nice kitchen to replace our early 60's model (ever seen a 27" range?) is a huge improvement to our lives.  And we really like the big lots and big trees in our area.  So, no, I really don't want a big apartment building cropping up next door.  There is already one just up the street, and its troublesome enough.  Nevertheless, I think this is inevitable and will look for the opportunity when it starts to happen.

Joel Owens · Answer

The apartment will not affect values as much as you think depending on style and finish and who the target tenant type is.

If it's college kids all 1 unit types then that could get  a little crazy.If it's a 55 and older senior living facility that is  a different animal.

Also if the style and finish is nicer than your neighborhood it can bring up the area.If the zoning lets them build  a cheap ugly box to maximize profit for the developer that can bring you down.

Town wants the tax money as they are hurting for revenue most likely.

Doesn't matter what the people want.A developer has to build what sells and is profitable and try to fit it in with the community.People do not understand that development is very expensive and high risk.You often do not make the profit until the final phases.

How much time and money do you have to devote to fighting it ?

I think the best approach is to fight for the things you might can influence such as style and appearance,entrances,buffers,density,etc.

Jon Klaus · Answer

Jon Holdman  "Under this plan, my house could be replaced by ten units."

Did you look at this as a redevelopment opportunity, or NIMBY?

Joel Owens · Answer

Steve,

I have worked with developers on commercial projects so I have experience.You are nothing that the developer hasn't seen before.You are trying to figure out a way to fight something for the first time whereas the developer has seen this over and over so you have a tactical disadvantage.

As I have said if you CAN'T stop it form going in than focus on what you might can change.To keep trying to stop something that can't be stopped is wasted energy and time.

"The residents did try to buy the land from the town, but the town didn't want to sell to us! The residents wanted to make it a park, but the town said no and sold it to the developer instead."

I can guarantee that the developer is paid more for the land and it will result in a bigger tax base to the town.Park land has very low tax assessments.Who is going to build this park and maintain it??

I am sure in the beginning the home owners would want to do something but once the see the cost many would revolt.I think the town knows this which is why they sold to the developer.

If there is only so much land in a small space density increases the tax base.

"I was thinking of showing financial reasons such as how it isn't really going to be more tax money, since the amount they expect it to bring in will be more than spent by schooling, police, etc."

This has been tried before as well.The developer will have their own assessments and studies.In fact the town should have already reviewed this material so you would be bringing nothing new to the table on that.

I am not involved in this deal but just telling you about my experience.

I also would not clasiify this as a Wal-Mart type deal.Wal-Mart comes in and can crush small businesses in a small to medium town.They create jobs but also can kill jobs as well.

I don't see these apartments having that type of affect.

Jon Holdman · Answer

People around here have had some success in situations like this.

In some Denver neighborhoods, it became very common to buy old bungalows, scrape them and build a large duplex or triplex.  These were modern glass-and-steel structures with the new urban appearance.  The lots were zoned for duplex and triplexes.  The new ones were built right to the height limit with rooftop patios and such.  So, definitely did not match the century old homes in the area.  In some neighborhoods, they were able to fight this and get the city to change the zoning to prevent these new buildings.  Not sure if it was these changes or the housing bust, but there aren't many of these projects now.

In another case, my city wanted to declare a garage and the adjoining somewhat junky strip center "blighted".  That would have allowed them to buy the properties cheap, doze them, then sell to Walgreens.  People fought them tooth and toenail and eventually the city had to back off.  So, the garage and pool hall are still there, and some new business have moved into the strip center.

In yet another case, one that directly affects my residence, the city has a plan for redevelopment along a major through route.  They want commercial along the major road, with mixed use in some areas.  Then higher density tapering off away from the major road.  Since my house is only two blocks away, its covered by this plan.  Under this plan, my house could be replace by ten units.  The plan was approved by the city over the objections of many of the local residents.  Now, to actually build would require rezoning and that would require another round of approval.  Unlikely that would pass without a fight.  But we're already seeing some activity that things are going to move in that direction over the long term.

Mark Updegraff · Answer

In my town, complaining vehemently about parking seems to work.  Approach it from a safety perspective.  Ambulances cannot go where they need to.  Fire hydrants are getting blocked.  Ticket enforcement does not work.  If it doesn't kill it all together, it will at least slow it down...  Helps to have some local stakeholders that will benefit from the extra parking too.  They'll have no problem adding to the choir.

Steve Babiak · Answer

That is not necessarily true.  If the town is already maxed out on the schools and other infrastructure - then adding many more people as residents would cause them to have to spend much more to supply this infrastructure.  Depending on how the funding for the various infrastructure improvements is supposed to be raised (income taxes, real estate taxes, per capita taxes, sales taxes, etc.), the net income produced could be quite a bit less than the expenditures needed to support the added residents.

To stop this: find a way to get on the planning commission or zoning board, so you can vote this down.  Encourage those who are already members of the aforementioned gov't units to reject the project.

Andy B. · Answer

My neighborhood successfully defeated the addition of a 7-11 -- they needed to change the zoning of the land to allow for 24 hour use and our group argued against it and won. It was a purely emotional argument though - nothing "legal".

In your case, the best way to defeat this is to make it expensive.  Take a look at the actual plan.  Why are they wanting a height adjustment?  I imagine they need the extra height so they can add an extra floor and get more income.  Does the plan work without that extra floor?  Defeat the height adjustment and the floor cannot be added and the apartment will not be cost effective.  To do this, you will want to use emotion (the look of the tall building will not fit the area - that is why the zoning limited height) - get your local rep to hear your pleas (they rely on your votes to get elected and a neighborhood has more votes than a development company).

Also go with a money arguement.  Sure, more renters is more taxes, but more renters is more people and more people is more traffic and more traffic means more roads, traffic lights, pollution, etc. - which means more expenses for the city.  A tactic would be to check the road access and see if they need more curb cuts or median changes or a dedicated turn lane or whatever and get that built into the zoning change (i.e. for the zoning to change, builder must perform all of this new roadwork) -- this is a "compromise" - the neighborhood agreeing to the development if they mitigate issues, but it could put the cost high enough to make the return unacceptable.  Also, look at additional services - sewer, water, etc. -- is the town prepared for this? Perhaps the extra floor of people will put a strain and require the builder to upgrade the utility grid for the area.

I don't know if any of these are actually true - you'll have to look at the specifics.  Just my $0.02

Steve Smithy · Answer

I appreciate the POV that I should just let them build the big development to change the neighborhood since its their right etc, but I want to know if anyone has ever had any luck blocking these sorts of things?  I was thinking of showing financial reasons such as how it isn't really going to be more tax money, since the amount they expect it to bring in will be more than spent by schooling, police, etc.

I view it like how people don't want more Walmarts because of all the negative things they bring to localities (local businesses close, jobs lost, etc).

How to block new development?

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