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The Newsroom - 2008 |
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The Entitlement Process

Slowdown or Showdown?

February 01, 2008 -
Whether commercial construction in Nevada is booming, holding its own, or
slowing, depends on whom you talk to and the part of the state used as the
reference point. Commercial development under construction in Clark County –
particularly along that valuable corridor of land we know as The Strip –
continues unabated, with cranes flying high and multimillion dollar projects
rising ever higher. It is the primary engine driving the economy, dominated by
major multifaceted projects such as City Center, Eschelon, Palazzo and Encore.
According to Dean Friedli, assistant director of Clark County Development
Services, the planning and permitting process for these major commercial
projects generates long lines and a requires a good deal of time. “So many
elements involved, from zoning and land use, to NDOT road change issues.
Submitting plans for a major project review usually involves corrections,
changes, updates – all of which go back to the designer, then back to our staff
for review. So our time frame is always dependent on this back-and-forth
process.”

Gearing up or gearing down, the department always has the added element of
staffing challenges to deal with. “We’ve really been able to pick up the pace by
using outside consultants, particularly for plan examination,” added Friedli.
“From inception to construction, it just takes time. Echelon, for example, is
just now getting permits pulled to begin construction. That’s a project that was
announced a year ago, and is anticipating a two- to three-year construction
period. We are not only dealing with the main project, but also the tenant
improvements, stores, shops and restaurants that will populate the Palazzo,
Encore and City Center. That’s going to be our challenge over the next few
years, just trying to keep pace with the flood of plans we know is coming. We
have to gage what the market is going to do, however, government doesn’t work
like the private sector. It takes us longer to react to market trends.”

Recruitment isn’t always easy when the employees required are highly skilled
professionals, such as engineers, who are qualified and certified to conduct
plan reviews. Trying to attract and retain staff while competing with the
private sector is difficult. The numbers are staggering. According to Friedli,
the value of the projects that have been announced or are currently under
construction on the Strip total more than $36 billion – give or take a $100
million, or so.

Reno–Sparks

Northern Nevada has experienced a sharp decline in commercial projects and
permits. Neil Krutz, community development department director for the city of
Sparks, estimates that total permit activity is off about 30 percent overall,
with even the commercial permits slowing to a level that allows his staff to
stay on top of the curve. He anticipates a relatively slow year for 2008, but
predicts activity will regain momentum and accelerate by the second half of
2009.

Like Clark County, Sparks has experienced the same type of municipal growth,
where the commercial development follows in the wake of residential development.
However, Krutz said Sparks is approaching its saturation point and,
consequently, community leaders and developers are compelled to find
increasingly creative ways to accommodate growth. A prime example is found on
the old site of the famed Helms Construction gravel pit. The city of Sparks took
possession of the land – and the 120-foot deep pit that scrapped the site – when
Helms declared bankruptcy in the early 1990’s. The city turned the pit into an
80-acre lake surrounded by a community park. The lake, in turn, has become the
core for a major commercial project now under development – The Legends at
Sparks Marina, an outdoor mall comprising of more than 1 million square feet or
retail space, and a 1,000-room hotel-casino.

“Our focus on projects such as The Legends at Sparks Marina will be on
facilities planning and permitting, and tenant improvements,” noted Krutz. “Our
department staffed-up over the last few years. Now, in today’s market, we need
to staff-down. So far we have been able to keep our budget and expenses in line
simply through attrition.” Currently, the department includes a staff of 90 and
occupies about 2 million square feet of office space.

Washoe County

Washoe County, which oversees the unincorporated areas that don’t fall within
the city limits of Sparks and Reno, actually witness minimal commercial
development. Don Jeppson, the chief building official for Washoe County, said
the department only issues about 50 commercial permits per year, and most of
those are for remodeling and additions.

About 15 permits are actually issued annually for new projects, and a large
portion of those are within Spanish Springs, a new industrial and commercial
development north of Sparks. The project includes strip malls, as well as
office/warehouse properties with loading docks. “Washoe County actually relies
more on residential than commercial construction,” noted Jeppson. “So, we felt
the downturn more than Reno and Sparks. Home permits have decreased by more than
50 percent over the last two years. We’ve seen a 50 percent drop in percent as
well. But, the dollar impact has not been as dramatic. In 2006, we issued 40
commercial permits and 13 were issued in 2007.”

In August, the department eliminated two positions and support staff reducing
its payroll from 31 to 19. Like many of governmental entities, the Washoe County
building department is run as an Enterprise Fund, and is funded by the
developers and builders who pay for its services. All of the money generated by
the department stays in the department and does not flow to the county’s general
fund, nor does the department receive any money from the county for its
operation or overhead. “We do have to follow the county guidelines for hiring
and layoffs, so it isn’t always simple,” said Jeppson. “In some ways it is like
a non-profit. We are limited on the amount of money we can have in a rainy day
fund, we perform a continuing balancing act to match our revenue to our
expenses. But, it does a good service for our developers who had initially
requested the Enterprise Fund structure. They can see that their fees go
directly to support the permitting process.”

Clark County

Back in Southern Nevada, Las Vegas official Paul Wilkins, director of building
and safety, is upbeat about his staff, his department and the future. Though
they have experienced a slight decrease in commercial permit requests, still,
many exciting projects are either under construction or coming on line within
the city limits.

As for current conditions, Wilkins admits that we are in a respite right now.
“We are gearing up for the end of 2009, when I predict we will be so busy we
won’t know what to do. I think it’s going to start the third or last quarter of
2008 in both housing and commercial. We are in a little slump, but expect no
layoffs. We’ve got great people, and we’re keeping them all.” To save taxpayer
money, Wilkins is developing a program that would actually loan his inspectors
to other city departments that can make good use of their expertise. “My plan is
to keep everyone busy. So, we are in the process of facilitating the concept so
our inspectors can do work for the planning department, neighborhood services,
public works and even the fire department. I’ve also contacted the county to see
if they want to rent my people. It’s a plan that can save our taxpayers a lot of
money.”

North Las Vegas

Meanwhile, North Las Vegas has growing pains of its own. The city has granted
funding to fill several key vacant positions, which should help reduce the
amount of time applicants spend waiting in line. According to Director Tony
Vibabul, “Permit delays, on the other hand, deal more with the review/approval
process. We offer an expedited review service for an additional fee for
structural and architectural reviews in the Building Safety Division. Although
this does not guarantee expediting review by all departments, it usually does
help speed up the process.”

In North Las Vegas, the average time between plan submittal and final approval
for tenant improvements is about three weeks and for new construction, four to
five weeks, noted Vibabul. That is, of course, assuming civil plans and land use
conditions are approved. Officials from all jurisdictions advise that the two
most important factors that help facilitate plan approval are the clarity of
submitted drawings and the responsiveness of the design team in returning
corrections to department staff. North Las Vegas staff members feel their
biggest challenge is to provide their customers with a true one-stop-shop center
to handle the entire development and permitting operation. “The city’s
Information Technology Department is also currently working with us to provide
interactive tools allowing customers to access our records to view their
up-to-the-minute status for plan checks and inspections,” continued Vibabul.

Like its sister communities, North Las Vegas outsources plan reviews and has
developed a fee inspector program that gives the division flexibility to cover
the ebb and flow of developments. It helps accommodate the fluctuations in
permitting activity, as well as temporary staffing shortages. “As for the
overall process, we are pleased with the positive feedback we have received from
the industry in regards to the level of service we are providing,” added Vibabul.
“The market fluctuates between residential and commercial needs, so we try to
shift our resources in the direction that compliments those changes in the
industry.”

Henderson

Henderson is awash in substantial new projects. “We’ve seen no decrease in
commercial permits, in fact, we’ve seen an increase,” noted Development Services
Center Manager Christine Kidd. The Henderson City Tower project was announced
earlier this year. Located in the city’s new downtown e-development district at
Lake Mead Boulevard and Water Street, City Tower is a $90 million, mixed-use
development featuring two12-story and two 15-story towers, 40,000 square feet of
retail space, 168,000 square feet of office space, 137 condominiums and nine
penthouse residences.
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Nevada Business Journal
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The project is scheduled to open in two years. Also slated for the same
area is City Crossing, developed by Plise Companies. The 126-acre development
will include a 6 million-square-foot, mixed-use project with office, retail and
residential space. Another 600,000 square feet will be used for retail including
fitness facilities, movie theaters and restaurants. The balance of space at City
Crossing is designated for 2,500 residential units.

While City Tower and City Crossing are destined to change Henderson’s downtown
skyline, on the opposite side of the city, plans are underway for The M Resort
Spa and Casino to be located at Las Vegas Boulevard and St. Rose Parkway. The $1
billion project includes an 11-story resort totaling 390 rooms and suites. Other
details include 90,000 square feet of gaming space and more than 40,000 square
feet of meeting and conference space. The project sits on approximately 80 acres
and is set for a spring 2009 completion.

Even with all of the new projects flooding Henderson, Kidd is proud of the
Development Services Center’s track record. “More than 75 percent of our
customers are served within five minutes, with an average wait time less than
three minutes,” cited Kidd. “We meet our plan review service target 99 percent
of the time, as well.” The department is constantly rating its efficiency, and a
visit to the Web site reveals its current on-time rates, including 98.6 percent
for plan review services and a 99.4 percent for inspection services.
Accordingly, Kidd said no staff reductions are planned at this time. In fact,
the department needs to add a structural engineer. “We do some limited
outsourcing, particularly plan reviews for grading and structural work,” he
said.

The Process

The bureaucratic course a project charts from the initial submission of its
plans to the final approval and the awarding of permits, is known as the
entitlement process. In the city of Reno, Chris Good, interim director,
explained that the amount of time necessary to complete the entitlement process
varies widely depending upon a project’s type, size and complexity. For example,
if the owner of a small business wants to put a new wall up inside an existing
structure, such a project would typically require a relatively brief review
process, involving plan checkers, fire inspectors and code enforcement, and may
pass approval in as little as two or three weeks. A larger, more complex
project, however, like Reno’s recent Peppermill expansion, can take six months
to go through the review process before permits are issued.

In the city of Reno, the volume of commercial permit activity from November 2006
to November 2007 has seen a modest decrease. In 2006, the number of permits
totaled 159, for 2007 the figure was 123. “Even with that decrease, however, our
commercial permit traffic is helping to keep our revenues reasonable while the
housing market weakens,” noted Good. “As a city government, we don’t rely on
housing permits to the extent that some county governments do. During the
housing boom, we knew that the increased revenue stream would not continue
indefinitely, so we did not begin expanding our full-time permanent staff.
Instead we sent the overflow to contractors, so when the market began to weaken
and the workload shrank, we simply did not renew those contracts.”

Due to this foresight and the city manager’s ability to move staff to areas
where the work demand exists, the city has been able to avoid layoffs, so far.
With the stabilization fund and standard rule of holding back 2 percent of the
annual budget, the city has also been able to avoid across-the-board budget
cuts, in spite of the slower economy and lower revenues. Overflow work was
outsourced to building inspectors, planners to review cases and write
recommendations, as well as managers of some staff in engineering and building
departments.

So, just what does it take to guide a commercial project through the entitlement
process? All of the entities have some form of checklist that is readily
available online or from the appropriate development department, but suffice it
to say that Rome wasn’t built in a day. For example, the city of Reno’s
guidelines for submission include cover sheet instructions including project
identification and location through more than a dozen items including flood
zone.

General requirements start with a permit application from the Community
Development Department, one complete set of plans and calculations (other
entities require up to five sets of plans for commercial projects), plus a
second set of plans for review by the Health Department. Developers must also
supply a site plan and an additional list of 16 very specific items before the
project is sent to the department staff or outsourced for plan review – one of
the most labor intensive parts of the process. Delays can occur during plan
review whenever the original designers are called upon to make revisions or
corrections before the review can proceed.

Once the plans are approved, the project is then submitted to the appropriate
governmental body and scheduled for on the agenda of the next available meeting,
which, depending on the locale and the frequency of its meetings, can take
several months. Prior to the meeting, notices describing the project are mailed
to adjacent or nearby property owners who may not be affected by the
development. Should any property owners attend the meeting to voice legitimate
objections to the project, the developer may have to return to the drawing board
to make changes that address these concerns. Occasionally, opposition to be a
project is so vehement, the developer elects to abandon it altogether.

Additional slowdowns in the entitlement process can also occur with traffic plan
reviews, curb-cut issues and zoning. A zoning or use change can cause major
delays, as well as it must be reviewed and set on a meeting agenda for
discussion.

It is impossible to develop an estimated average processing time from start to
finish because each project is unique. Times can vary according to the season,
the building department’s workload and staffing issues. Obviously the more
complicated the project, the more time is required for the entitlement process.

According to Las Vegas-based Applied Analysis, for every 1,000 Southern Nevada
residents, approximately 87 acres are developed to include everything from open
space to retail, office to multi-family. That’s 87 acres worth of planning,
designs, reviews and permits. So, with 2 million residents in the Las Vegas
Valley, that equates to 2,000 separate 87-acre parcels that have been, or will
be, developed. When seen from that perspective, it is nothing short of
miraculous that everything runs as smoothly as it does.
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Author: L. Montel, Nevada Business Journal
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