Supreme Court Reins in Federal Agency Power

Originally published on July 10, 2024, by Aquiles Suarez for NAIOP.

The Supreme Court has certainly garnered its share of attention for several of its rulings this last term, but none is likely to have more of an impact on business, including commercial real estate, than its opinion in Loper Bright Enterprises v. Raimondo, issued on June 28. In that case, the Court overturned a 40-year legal standard it had first established in 1984 in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which stated that courts would defer to federal agency determinations on policy matters if the relevant statutory language was ambiguous.

The so-called “Chevron doctrine,” or “Chevron deference,” as the practice became known, began initially as a practical means of allowing federal regulatory agencies tasked with implementing aspects of legislation that called for scientific or highly technical determinations. It came into play when an agency determined that an area or matter not explicitly authorized in a statute was within the reach of their regulatory authority, as long as their determination was reasonable. Thus, if Congress passed a law requiring the Environmental Protection Agency (EPA) to regulate a certain broad class of chemicals, then the EPA could not be challenged for including substances that the agency stated it reasonably believed were covered by the statute.

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Watch the Annual Report Mid-Year Highlight Video!

The Charlotte Future 2040 Team is pleased to announce the release of the Annual Report Mid-Year Highlight video. This video showcases stories from their partners about progress toward implementing the Charlotte Future 2040 Comprehensive Plan. It serves to honor the hard work being done by various city and county departments.

The Mid-Year Highlight offers a snapshot of select projects and programs being implemented by their partners. Additional projects and programs will be featured in the upcoming Charlotte Future 2040 Annual Report. For more comprehensive information on the Annual Report, interested parties can visit the official website.

Viewers are encouraged to watch the Mid-Year Highlight video to learn more about how the City of Charlotte is honoring the vision for their beloved city and advancing the goals of the Charlotte Future 2040 Plan. The video can be accessed via a button provided in the original communication.

Watch Mid-Year Highlight VIdeo

Town of Matthews Seeking Controls on Short Term Rentals (STRs)

The Town of Matthews has initiated an effort to curb Short Term Rentals (STRs) through the introduction of a text amendment to its Unified Development Ordinance (UDO).  Text Amendment 2024-2 does the following:

  • STRs would be required to be separated from each other by a minimum of 800 feet, measured from property lines.
  • They would be required to have a zoning permit and the permit would need to be posted publicly.
  • Renters would not be allowed to hold special events or gatherings.
  • A local manager or operator would be required to be located in or adjacent to Mecklenburg County.

During recent Commissioner meetings, several residents spoke in favor of imposing these restrictions but based on information provided by the Town, it is unclear how significant a concern this is to the vast majority of the population.  A review of the minutes of recent meetings indicates there have been a total of ten calls to the police related to STRs during the past three and a half years.  Of those, five were initiated by the STR owners and the other five came from area homeowners.  According to Town Staff, there are currently somewhere between 20 and 40 STR properties located within the Town of Matthews where the current population stands at over 30,000.

The public hearing on the text amendment began last night and has been extended to August 12th (STR conversation runs from 2:50:36 through 4:51:40).  Look for more updates and opportunities for engagement on this topic very shortly.    

NAIOP Plays Key Role in New Adaptive Reuse Bill Introduced Today in the U.S. House of Representatives

A bill that NAIOP and its members spearheaded was introduced today in the U.S. House of Representatives. The “Revitalizing Downtowns and Main Streets Act” establishes a new 20% tax credit to convert many underutilized or vacant commercial properties to residential use.

The bipartisan bill is sponsored by U.S. Representatives Mike Carey (R-OH) and Jimmy Gomez (D-CA).

“This legislation will spur the conversion of vacant spaces that can stimulate local economies and begin to address the housing crisis in communities across the U.S.,” said Marc Selvitelli, CAE, president and CEO of NAIOP. “This important bill allows Congress to begin rectifying many of the ripple effects of the COVID-19 pandemic that are still affecting the lives of Americans and impacting local tax revenues.”

The proposed legislation includes:

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City of Gastonia Implements Microtransit Service

On July 1st, 2024, the City of Gastonia ended public bus operations for its residents and initiated the GoGastonia Microtransit service.  This came about when the Gastonia City Council approved a 36-month contract with River North Transit, LLC to provide on-demand transit services to riders, who currently complete approximately 144,000 trips annually.  This new delivery system will not displace ADA transportation services.

The City also determined that on-demand microtransit would better address its limited-service area, alleviate hour-long wait times, eliminate an aging fleet of buses, and provide better access to the majority of its users.  In the past fiscal year, Gastonia Transit had been operating six fixed bus routes covering nearly 295,000 miles per year while providing service to over 144,000 passengers.  The previous system was averaging only seven passengers per vehicle hour across all routes.

Want to learn more?  Tomorrow, July 17th from 10:00 am to 12:00 pm at the Gastonia Career Center, 116 Armstrong Street, Gastonia, NC 28054, the City of Gastonia will be holding several information sessions about the new service. 

RSVP Here 

Crescent Communities Named NAIOP 2024 Developer of the Year

Originally published on June 24, 2024, by NAIOP.

NAIOP, the Commercial Real Estate Development Association, has selected Crescent Communities as its 2024 Developer of the Year – the association’s highest honor. The award will be presented during NAIOP’s CRE.Converge conference in Las Vegas this October.  

“It is NAIOP’s honor to recognize the tremendous work of Crescent Communities as the 2024 Developer of the Year. Their ongoing commitment to advancing the commercial real estate industry through cutting-edge innovation and exemplary real estate development across many property sectors is impressive,” said Marc Selvitelli, NAIOP president and CEO. “Crescent Communities has demonstrated significant market resilience and adaptability, overcoming economic headwinds to consistently deliver value.”

Since 1979, the NAIOP Developer of the Year award has been presented to a development company that best exemplifies leadership and innovation in the commercial real estate industry. Crescent Communities was selected from an impressive slate of nominees and was evaluated by a team of seasoned developers on the following criteria: outstanding quality of projects and services; active support of the industry through NAIOP; financial consistency and stability; ability to adapt to market conditions; and support of the local community.

Full Article

City of Concord Holding its Next Sewer Allocation Meeting June 25th

The City of Concord will hold its next wastewater allocation meeting on Tuesday, June 25th at 11:00 am.  Here are additional details as well as the meeting packet (over 400 pages, may take a while to download).

New Podcast Released! - Chris Carney, Mayor of Mooresville

Let’s hit this topic head on: The crux of the no-growth argument contends that by stopping growth, current residents can keep things stable and unchanged.  Although avoiding change is impossible and unhealthy, they ignore this decision’s devastating results proven out repeatedly across the country such as skyrocketing taxes, shrinking access to housing, the inability to attract the best talent to fill needed service positions, business failure, and even a disconnect from funding at the state and federal level.  Towns age out, infrastructure deteriorates, young people stay away, and regret sets in. 

In this vein we were pleased to invite Chris Carney, Mayor of Mooresville, to our sound booth this month.  He is both a leader, a guide, and an equalizer. Contending with these passionate sentiments daily, he is slowly and surely helping his Town Commissioners and residents cooperate at the ground level promoting solid financial strategies.  With deft charm, logic, and irrefutable facts he explains how crippling the no-growth outcome is to any area. How?  Listen to this enjoyable episode and find out.

By way of background, our guest, Carney never set out to be in politics.  However, he proclaims during his interview that he is the product of parents whose political beliefs were on opposite ends of the spectrum, exposing him to a myriad of issues with a sense of scale and humanity.  Elected to the office of Mayor in November 2023, he previously served on the town board as Ward 4 Commissioner.  He was elected to that position in 2005 then reelected in 2009 and selected as mayor pro-tem.  Carney was a North Carolina Senator from 2011-2013, serving on several key committees including education, healthcare, and finance. He was also vice chairman of the transportation committee.  Carney, who has been a supporting voice of REBIC during many previous events, is himself a business owner of Strategic Capital Solutions. 

Listen Now

Charlotte City Council Approves Compact Development Provision, Alignment Rezoning On Tap

The Compact Development provision proposed by Planning staff and discussed during a prior council and committee meeting, and ultimately approved by the Planning Commission's Zoning Committee was approved during last night's Charlotte City Council meeting.  This text amendment seeks to partially address the need for entry-level and workforce housing by allowing higher density developments in certain parts of the city.  Next up will be a summer discussion of strategies to increase the amount of allowable townhome developments.  We look forward to further engagement and are optimistic about the potential approval of another text amendment targeting this need this coming fall.

Our attention is also directed toward the City's Alignment Rezoning process that is already underway.  City staff is hosting webinars this evening at 6:00 pm, tomorrow during the lunch hour, and again on Thursday at 2:00 pm.  Please take time to register and participate in one of these informational sessions.

Building Supply Chain Resilience into Industrial Development

Originally published on June 6, 2024, by Natalie Fidlow, CFA for NAIOP.

When a catastrophe hits an area, nearly one-third of local businesses fail within two years; another third fail after that.

Moderator Anne Strauss-Wieder, freight and public policy instructor at Rutger’s University, opened an expert panel discussion on why businesses and communities need supply chain resilience at the I.CON East conference this week in Jersey City, New Jersey. Fortifying the supply chain is essential to secure the long-term viability of a business and its surrounding community. Disruptions over the past few years like the COVID-19 pandemic, natural disasters, and cyberattacks have underscored the vulnerability of supply chains and the need for robust strategies to mitigate risks.

How should we approach disruption?

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A Younger Customer Base Supports Self-storage Sector’s Strong Growth

Originally published on May 17, 2024, for Francis Chantree for NAIOP.

The self-storage industry stepped up to the plate during recent challenging years, again proving its resilience to real estate investors. With rising housing prices, shrinking living spaces, and changing lifestyle trends, it continues to offer a lower-cost way to get extra space for keeping all other types of possessions.

A recent StorageCafe survey found that about a fifth of Americans (18%) are currently renting storage space and an additional 14% plan to do so in the future. This ongoing engagement is boosted by the widening of the industry’s customer base during recent years, with more businesses and different types of people now discovering the service’s advantages. These clients include younger renters, more vehicle owners, and greater numbers in regions experiencing growing populations.

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Regional Labor Market Trends and Comparative Analysis

Originally published on June 6, 2024, by Natalie Fidlow, CFA for NAIOP.

“Labor availability trumps labor costs as a top concern in the Eastern Pennsylvania and New Jersey markets,” said David Hickey, global managing director at Hickey Associates. He led experts in a dynamic discussion at I.CON East this week in Jersey City, New Jersey. They drilled down on the region’s data and provided strategies to navigate the tight talent market.

The War for Talent

“Four out of five employers are concerned about the competitiveness of labor and if they can find it,” said Hickey, whose firm extensively studies labor markets for logistics and industrial customers.

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Class B/C Industrial: What’s Old is New Again

Originally published on June 6, 2024, by Brielle Scott for NAIOP.

Given the explosion in new construction, the important role of Class B (and even C) industrial properties is often overlooked – especially those under 100,000 square feet. These buildings remain a functional and economic solution to a wide range of companies, even without most modern efficiencies.

At I.CON East this week in Jersey City, New Jersey, Jim Scott, principal at Avison Young, moderated a panel that included Nick Aileo, director of acquisitions for Wharton Equity Partners; Itay Ron, senior vice president for Northeast markets at Faropoint; and Stefan Sansone, director at Bridge Industrial.

He started by sharing fundamentals for Class B properties, which account for 8.5 billion square feet or 70% of all U.S. inventory. Class B properties have the lowest vacancy rates by asset class, with much less volatility than Class A properties, and have seen continued rent growth, with a narrowing spread compared to Class A properties, Scott shared.

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The Acceleration of Warehouse Automation

Originally published on June 5, 2024, by Brielle Scott for NAIOP.

ABCO Systems started as a pipe and rail provider in New York City’s Garment District over 30 years ago, but as automation and increasing consumer demands have increased the need for more efficient goods distribution, the company has evolved to build and integrate material handling solutions designed for the modern era.

Attendees at I.CON East had the opportunity to tour the company’s facility in Carlstadt, New Jersey, which showcases the latest cutting-edge automation, storage and order fulfillment technologies transforming warehouse and distribution operations. Of the dozens of robotic, artificial intelligence-enabled, cutting-edge tools demonstrated, we’ll highlight a few.

Have you ever received a package with your item thrown inside, surrounded by bubble wrap in an oversized box? The FastFetch IntelliPack® uses AI and computations to select and identify correctly sized packing cartons, tracks replenishment of consumed cartons, and manages carton reordering from a supplier. It cuts shipping costs, reduces packaging labor, reduces landfill waste and reduces fuel consumption required for transporting packages.

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Embracing the Change: Navigating Construction’s Most Prevalent Challenges

Originally published on May 23, 2024, by Chris Grant for NAIOP.

For many decades, the construction industry has played a vital role in reshaping communities, standing as a key indicator of economic performance and prosperity. In more recent years, labor challenges have shifted the industry’s progression, threatening to disrupt integral projects and new developments throughout the country. With issues such as a shortage of skilled laborers and the need for new technology and software, today’s general contractors are faced with many industry-specific challenges that require innovative strategies and effective planning to guarantee continued success.

OVERCOMING THE SKILLED LABOR SHORTAGE

One of the most widely known issues faced by the construction industry is the need for skilled labor. As the current workforce retires and the next generation pursues alternative career paths, the industry must find new ways to retain the knowledge and skills to successfully operate large-scale construction projects. One way to attract more individuals to pursue the trades is to partner with local high schools and technical colleges to showcase the various roles and specialty areas needed on every job site. This gives students a firsthand look at what a construction career could look like and offers a valuable alternative to traditional higher education. It’s also important to retain the processes, insights, and knowledge of the retiring generation and ensure this information is accessible to future project teams and leaders. By taking these extra steps, you can help new laborers achieve confidence in their roles and deliver high-quality results on each job site.

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Rooftop Solar’s Triple Play of Revenue, Community and Sustainability

Originally published on June 6, 2024, by Brielle Scott for NAIOP.

Rooftop and community solar projects can advance sustainability and ESG objectives, unlock a new revenue stream, enhance community relations, and boost property values. At I.CON East this week, NAIOP New Jersey CEO Dan Kennedy moderated a panel of speakers including Matt Schlindwein, P.E., managing partner for Greek Real Estate Partners; Mark Schottinger, president at Solar Landscape; and Kat West, LEED AP, director of sustainability at Turner & Townsend, to explore the transformative potential of rooftop and community solar projects for the industrial real estate sector.

Schottinger was direct from the start: “If you’ve got a warehouse, I want to lease your roof.”

Solar power, historically, meant solar panels on the roof generated power that was used by whoever was in the building, with zero potential for scalability.

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NAIOP of North Carolina Advocates for CRE with Lawmakers

Originally published on June 19, 2024, by Toby Burke for NAIOP.

Members from the three NAIOP chapters in North Carolina traveled to Raleigh last week for their legislative advocacy day within the state capitol. The two-day event provided an important opportunity for attendees to collaborate on the issues facing commercial real estate and advance the industry’s interests with state lawmakers.

NAIOP’s state card on the economic impact of commercial real estate on the national and state economies reflects the industry’s powerful contribution to North Carolina’s economy. The commercial real estate industry in North Carolina is the sixth highest-ranking state in the United States for overall contributions to the state’s gross domestic product with $44.1 billion and 312,000 jobs created and supported in 2023. NAIOP members leveraged this important information in meetings with lawmakers as part of their three legislative priorities – economic development, transportation and infrastructure, and regulatory reform.

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Patrick Granson, Mecklenburg County Director of Code Enforcement, to Provide Briefing to Industry Members

Please join us from 9:00 to 10:30 am on Wednesday, July 17th for an informational session about building code changes, ongoing technology transition efforts, and a status report about plan review and third-party inspections.  For more information, please email [email protected].

2024 Developing Leaders Award

Nominations are being accepted for the annual 2024 NAIOP Developing Leaders Awards! This program honors commercial real estate professionals, 35 years of age and under, for their valued contributions and commitment to the industry.

As in past years, each applicant must submit a chapter support form completed by the chapter executive director or board members and a supervisor consent and recommendation form. The deadline for applications is Friday, June 28. Award recipients will be notified in August and honored at CRE.Converge this October.

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City of Concord Holding its Next Sewer Allocation Meeting June 25th

The City of Concord will hold its next wastewater allocation meeting on Tuesday, June 25th at 11:00 am.  Here are additional details as well as the meeting packet (over 400 pages, may take a while to download).