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See What We’re Up To!Stay informed and up-to-date on the latest developments in land use and zoning law with insights and analysis from our experienced team of attorneys.
Read Our BlogHow a serial entrepreneur is tackling housing scarcity in a different, sustainable way.
This article originally appeared in AZRE magazine.
Whether it’s raw land with no utilities, a complicated infill parcel, or a prime commercial corner, developers face a variety of challenges when attempting to bring their vision to life. Strategies for successfully navigating development rights and the complex web of zoning regulations, permitting processes, and local politics vary from jurisdiction to jurisdiction and require expertise and strong relationships. Even when a property might appear to be a perfect fit for a developer’s market strategy, unforeseen issues can arise.
This article originally appeared in the Phoenix Business Journal.
A major mixed-use project in a prime location in Phoenix is poised to take a big step forward.
The Central Park will be heard by the city’s Planning Commission on Dec. 7. The roughly 18-acre project, proposed by Phoenix real estate investment firm Pivotal Group, is adjacent to Steele Indian School Park on the northeast corner of Central Avenue and Indian School Road.
Pivotal Group, led by CEO F. Francis Najafi, has been trying to develop The Central Park for more than four years. It originally was proposed as an office-heavy development with six towers and 2.3 million square feet of space. City Council approved an application to re-zone the site during the summer of 2019 and Pivotal Group had kicked off the marketing of the first phase to potential tenants in early 2020.
This article originally appeared in the Phoenix Business Journal.
Wisconsin-based Ashley Furniture Industries Inc. has received the initial green light needed from the city of Avondale to build a new manufacturing and distribution center west of Phoenix.
Ashley Furniture is planning to develop a new 1.05 million-square-foot industrial facility on 75 acres in the West Valley city at the southwest corner of Interstate 10 and 107th Avenue.
This article originally appeared in the Phoenix Business Journal.
A large Camelback office complex could see the addition of luxury apartments, bringing new residents to a central business corridor in Phoenix.
The developer — listed as Fort Lauderdale, Florida-based Mainstreet Capital Partners in project documents — plans to build a 75-unit multifamily complex with varying unit sizes and floor plans. The apartments will be developed in place of an existing parking garage at the Camelback Lakes office complex, which currently includes four multi-story buildings totaling 203,290 square feet.
This article originally appeared in the Phoenix Business Journal.
The Church of Jesus Christ of Latter-day Saints — one of the largest private landowners in Arizona — plans to develop a gated rental community in Queen Creek.
On Oct. 18, the Queen Creek Town Council unanimously approved zoning changes to the land near Pima and Meridian roads to pave the way for development.
No market segment has performed better than industrial development in Phoenix in recent years. The market is shattering absorption records and attracting major manufacturing, tech and semiconductor users. Changes in recent finance and interest markets have shown some influence on new construction, but the overall outlook remains optimistic. In this episode we cover the state of the industrial market with Tyson Breinholt of Commercial Properties Inc. and Kevin Miller of Kitchell.
What’s the point of great land use entitlements if you can’t secure the financing to make it all possible. Having a finance concierge is key to the effort, and precisely what Adam Finkel at Tower Capital does.
Securing project financing is just as important as securing the land use entitlements. Without it, you’ve got nothing. George Weisz and Neill LeCorgne from Scottsdale Community Bank give us a peak on the creation of a community bank and how it serves underbanked communities.
By Adam Baugh and Alex Hayes
Whether it’s raw land with no utilities, a complicated infill parcel, or a prime commercial corner, developers face a variety of challenges when attempting to bring their vision to life. Strategies for successfully navigating the complex web of zoning regulations, permitting processes, and local politics vary from jurisdiction to jurisdiction and require expertise and strong relationships. Even when a property might appear to be a perfect fit for a developer’s market strategy, unforeseen issues can arise.
An issue we see regularly is when a property’s existing entitlements do not align with a municipality’s vision or goals for the area. As the Valley matures and the remaining vacant parcels finally develop, some municipalities have opposed development that does not align with their vision, even when the existing entitlements permit the use. This can create a complicated dynamic for a developer, especially when they expect to have future development opportunities in that city. Is the proposed development worth potentially affecting a long term relationship? How steadfast is the municipality’s opposition? How far are we willing to go to protect development rights? These are a few of the questions developers may ask themselves. In such situations, it is essential to have a clear understanding of the property’s entitlements, what development options exist, and what the implications are for each of those scenarios. To be successful, developers must do the following:
1. Due diligence
2. Know your facts – What’s allowed?
3. Know your process – Administrative or discretionary?
4. Manage expectations
At the end of the day, most cities and towns in Arizona are pro-development with supportive planning staff and decision makers. However, the devil is always in the details. Having an experienced land use counsel on your team to navigate the regulatory and political minefields can be the difference between a successful project and a lawsuit.
Mack Real Estate Group was the successful bidder on 124-acres of undeveloped land in the City of Scottsdale auctioned off by the Arizona State Land Department. They chose Withey Morris Baugh to lead the entitlement effort for this multi-phased development which includes over 1M sqft of Class-A Industrial and Office uses and an array of associated improvements and infrastructure.
Elliot 202 is a 65.85-acre horizontal mixed-use development planned at the southeast corner of 59th Avenue and Elliot Road within Laveen Village, Phoenix, AZ. Elliot 202, which is located proximate to the new Loop 202 Freeway, will consist of three (3) integrated, quality developments including: a 20-acre commerce park with neighborhood servicing commercial opportunities along Elliot Road (Envision Elliot 202); a 19-acre for rent casita community with 182 new residential units (Curato Laveen 202); and, a 27-acre multi-family community with 484 new residential units (Acero Laveen). The highly-amenitized development promotes the agrarian heritage of Laveen through its architecture and amenities, including the provision of multi-use trails and paths. Land use entitlements included a General Plan Amendment and PUD rezoning.
WMB successfully entitled this 3.2 acre, Phoenix infill site located near established neighborhoods along a transitioning section of the 7th Street corridor. The project required extensive outreach and input from the neighborhood and resulted in a customized PUD zoning district approved unanimously by City Council. The project features 259 residential units, including unique, 2-story townhouse style units adjacent to the neighborhood, and an array of amenities and pedestrian improvements.
This article originally appeared in AZCentral.
Picture a canal. Scottsdale has the waterfront, Venice romantic gondolas. Amsterdam is synonymous with canals. In Bruges, they made a movie that featured them. Even San Antonio has a must-see entertainment district on its canal.
Now, decades after Phoenix’s canals were built, the city wants in on the act. Mayor Kate Gallego touts how the city has 180 miles of canals compared to Amsterdam’s 60.
Lawyers you say? Yes indeed… but not just any lawyers, we are talking land use, planning / zoning, real estate and government affairs. Look at it this way, they are the hidden team behind every build and development, taking the intricacies and making them reality. Tune in here…
While our zoning case work creates headlines, reporting on it is better left to journalistic experts like Roland Murphy, AZBEX Digital Magazine. We hope you enjoy a different take on the Dirt to Development podcast with an expert in covering real estate news.
Liquor laws are often an afterthought when it comes to rezoning new property, but sophisticated developers know to tackle that issue early in their due diligence phase. This is precisely what Withey Morris Baugh can help solve. In this episode we share practical advice and great stories to help you navigate Arizona liquor laws before building new developments.
This article originally published in AZRE and AZ Big Media.
If you’re looking for a crystal ball to look into the future of real estate development, taking a deep look into the work being done by a land use and zoning law firm might be as closest you can get to the mythical crystal ball. Land use/zoning and real estate law firm Withey Morris just rebranded to Withey Morris Baugh and Jason Morris and Adam Baugh share five reason why zoning/land use is a leading economic indicator of where the Valley will be in two years.
When former Senator Steve Kaiser proposed legislation to dramatically change zoning laws in 2022, it created huge shockwaves across Arizona towns and cities. A second attempt in 2023, created a similar reaction before the proposed legislation eventually lost steam at the state capital. The motive were noble though, and driven by a cause to provide better access to housing and remove barriers that impede new development. We were delighted to record this conversation with Senator Kaiser during the middle of that fiery debate among policymakers on a highly critical issue in Arizona.
This story originally appeared on NPR’s “All Things Considered.”
Arizona is limiting development in the Phoenix metro area due to a lack of groundwater. But the development party isn’t over.
MARY LOUISE KELLY, HOST:
The metropolitan area of Phoenix, Ariz., is growing rapidly. A recent state analysis shows Phoenix does not have enough groundwater to sustain that rate of growth over the next century. But developers say, hang on. That is not the whole story. From member station KJZZ, Katherine Davis-Young reports.
This article originally appeared in the Phoenix Business Journal.
In the past several days, Chris Camacho, the CEO of the Greater Phoenix Economic Council, said his organization has fielded about 200 messages from stakeholders who have raised questions and concerns over Arizona’s future.
The texts, calls and emails poured in from national site selectors, investors and their clients wondering if the Phoenix metro could no longer support the substantial growth it has experienced for years in housing, population and economic development.
This article originally aired on KJZZ.
Arizona’s housing market has been booming in recent years. But now, due to projected groundwater shortfalls, the state is going to start limiting some housing development in areas that rely solely on groundwater. What will that mean for growth in the Valley?
“I think it’s going to be perceived in a sensational way, which is unfortunate,” said Mark Stapp, a longtime Arizona developer and director of the real estate development program at ASU’s W.P. Carey School of Business. “You get people who are making investment decisions who read these kinds of things without all of the facts and they’re going to make decisions based upon that risk.”
Stapp said the governor’s announcement should not be taken as a signal that development is going to stop in the Phoenix area, but he does expect it will mean some changes for the industry.
“We’re going to have to stop and think about how we’re going to continue to develop,” Stapp said.
Stapp said the majority of new housing construction in the Phoenix metro area in recent years has been on the outer edges of the Valley. Those areas, with less established water portfolios, are likely to be the most impacted by the new policy. So developers may now see more competition for space within cities, where water rights are more secure.
But infill development comes with challenges, said land use and zoning attorney Adam Baugh.
“Those infill sites have no problem obtaining water,” Baugh said, “But there’s a built environment already, neighbors around you, street limitations, drainage considerations, utility access. There’s a reason they’re some of the last sites leftover.”
That could create a need for legislation to change zoning rules, Stapp said.
“Our zoning ordinances and local politics don’t typically support the kinds of infill development that would accommodate the amount of growth we have to have if we’re going to shift from the periphery to the interior parts of the Valley,” Stapp said.
That’s a critical concern, Stapp said, because Arizona already has a housing shortage and will need to continue building more inventory to accommodate its growing population. He expects new limitations on some development could impact housing affordability in the region.
But he thinks rules to make development more sustainable will ultimately be good for Arizona’s economy.
“Even though there will be some players in this marketplace that will be hurt by it, the overall good of the metropolitan area is what we should be focused on and I think that’s what’s happening here.”
This article originally appeared in the Phoenix Business Journal.
Scottsdale is known within and outside of the Valley as a tourism and party destination, but the city is looking to ramp up its target industries, which are finance, health care, technology and logistics management.
Some of those are coming to new existing and new offices throughout the city.
On the north side of town, a corporate corridor is in the infancy stages of development. Big projects such as Nationwide Realty Investors’ Cavasson have a few office buildings up and running and is considered one of the top office destinations in all of Scottsdale. Nearby, DMB Associates Inc.’s One Scottsdale is also coming out of the ground. In addition to the momentum of these projects, Banner Health and HonorHealth have committed to major expansions through big investments.
Not all sites are created equal and some require serious problem solving with local land use counsel. Scott Whittington from Avalon Development shares how he was once the office King of Albuquerque and how he pivoted towards retail sites across Arizona with the help of his favorite zoning attorneys.
This article originally appeared in the Arizona Republic.
For decades, residents of south Phoenix and Phoenix city leaders have envisioned the land just south of the Rio Salado as a gateway to south Phoenix, where Black and Hispanic residents make up most of the population.
A community plan approved by the Phoenix City Council in 2022 — funded by a federal grant and created over three years with the involvement of residents and business owners — imagined a transit stop with housing, retail, restaurants, medical services, a hotel and a movie theater just south of the Rio Salado along South Central Avenue.
The Design Review Board is a step in the entitlement process but it can be tricky to win over. Depending on the quality of the design, it can either be a comedy roast for a poorly-designed project, or a coronation for great development. In this episode we debate the merits of the DRB with a current DRB board member Scott Thomas and local architect Korey Wilkes.
by Adam Baugh and Alex Hayes of Withey Morris Baugh
The past decade has brought tremendous economic growth and prosperity to Arizona and its metropolitan areas. Lured by a supportive business climate and a high-quality workforce, businesses large and small have been flocking to the desert.
This economic boom has had profound positive impacts and helped Arizona emerge from the pandemic with a strong tailwind. However, it also amplified issues around housing affordability and availability that have often been overlooked.
It goes without saying, the demand for housing is simply outpacing supply. In particular, the Phoenix area ranks first among all tracked major metropolitan areas from October 2020 to October 2021 with a year-over-year increase of 32.35% in population growth, per the S&P CoreLogic Case-Schiller U.S. National Home Price Index. According to the Arizona Department of Housing, the state is short 270,000 housing units. At some point, this supply shortage and the resulting affordability challenges will begin to hinder our economic growth.
There are a number of contributing factors to the housing shortage including supply chain constraints, permitting regulatory delays, and the influx of new residents from pricier markets. However, one common critique is the pace at which local municipalities approve, delay, and oftentimes deny new housing options. Whether it is NIMBY-ism, strategic area goals, or high application workload, it has become increasingly difficult to approve new housing at the very moment it is most needed.
In response to local delays, a bill was proposed in the Arizona State Legislature seeking to address the issue head on. Though ultimately failing to gain sufficient support for passage, Senate Bill 1117 proposed to overhaul local municipal zoning powers in an attempt to accelerate new housing development.
The bill would have created “by right housing,” dramatically changing the real estate development landscape in Arizona and forever altering the way municipalities plan the growth of their communities.
For example, SB 1117 would have prohibited all municipalities from requiring minimum lot sizes over 4,000 square feet, effectively permitting 10 residences per acre by right. In larger municipalities with populations over 25,000, the bill would have permitted new multifamily development at densities equal to the greatest ever approved in that municipality and with maximum heights of at least 60 feet by right in many zoning categories.
And the kicker: these larger municipalities would have been required to administratively approve all applications to rezone property for residential use, eliminating the requirements for public hearings and citizen participation. These changes alone would have a substantial impact on the look and feel of our communities across the state. The implications could have been profound, impacting the availability of water resources, strategic planning, and responsible growth.
We recognize the good intentions behind a pro-housing bill like SB 1117. However, in an effort to solve housing pressure, it pre-empted local control in many areas that are most critical, such as building heights, density, location, uses and more.
Much work is needed to eliminate barriers to new, diverse housing options but legislation that removes municipal oversight is a heavy hammer to swing. Though well-intentioned, SB 1117 would have eliminated a process that plays an important role in shaping our neighborhoods, towns, and communities.
For now, SB 1117 has stalled, but related legislation is still under consideration in the current legislative session. There is no denying that solutions are needed to increase the supply and availability, and in turn, affordability of housing in Arizona.
Experienced architects and engineers know better than to navigate zoning matters solo. Hear why David Bohn and Nicole Posten-Thompson utilize local zoning counsel early in their design efforts.
2022 was a banner year for Withey Morris Baugh and our favorite restaurant – Tarbell’s. Who better to recap it with than an Emmy Award winner, James Beard nominated, Paris-trained, two-time inductee to the Arizona Hall of Culinary Fame, and award winning restaurant owner, Mark Tarbell!!
Quick Land Use Update with Ben Tate: Recapping new state law regarding Major General Plan Amendments and why you should talk to your land use attorney immediately.
From pinstripe suits and cowboy boots, to Auto malls and State Land, few people have had more of an impact on local development than Mike Withey, Co-founding Partner of Withey Morris, PLC and a beloved friend to Jason Morris and Adam Baugh. Enjoy the laughs with us as we take a trip down memory lane and learn why finding friends at the kegger on the first day of law school pays off in the long run.
The state of the residential land market, future projections, and why Arizona is well positioned for long term success.
This article originally appeared in the Phoenix Business Journal.
Buckeye City Council moved forward this past week with multiple requests that could bring new commercial and residential development to the growing municipality west of Phoenix.
An existing master-planned community called Westpark south of Interstate 10 on both sides of State Route 85 will now be slated for a mix of uses including industrial, retail, restaurants and thousands of residential units.
What does Elvis at Las Vegas, The Beatles on the Ed Sullivan Show and the Dirt to Development Podcast at the AZ American Planning Association have in common? History making, wild fans and great performances. Listen as we regale audiences at the APA conference with a little back to the future planning knowledge.
When Greg Vogel started with Coldwell Banker in the early 80’s, little did he know about the value of land databases. In the 40 years since, he created Land Advisors Organization, one of the premier land brokerage firms and leaders in PropTech. Listen as Greg shares how he went from Fraternity Brother to Land Guru while thrusting Arizona to new development frontiers.
This article originally appeared in the Phoenix Business Journal.
Once a sleepy bedroom community, Surprise is gearing up for massive economic growth.
The city of Surprise, one of several fast-growing suburbs in the West Valley, has historically been known to longtime residents as a sleepy bedroom or retirement community.
But as the Phoenix metro continues to attract attention and new industries expand to the Grand Canyon State, the city of about 150,000 is seeing a shift in its population, housing and commercial offerings — and its image.
This article originally appeared in BEX.
Much has been written in the last several months on Arizona’s reduced allocations of Colorado River water, the ongoing Millennium Drought and the future of growth and prosperity in the state.
Unfortunately, much of what has been written has been incomplete, hyperbolic or badly reported. Rather than nitpicking the ins and outs, we decided to take a broader and more expansive overview in hopes of setting the record a little more straight and providing our readers a more encompassing looking into the state of water supply and development in Arizona.
This article originally appeared in the Phoenix Business Journal.
Every parent knows that getting out of the house for even a simple errand can often feel like it requires an advanced degree in logistics. Stroller. Check. Diaper bag. Check. Bottle. Check. Toys. Check.
This added complexity and the availability of online outlets like Amazon and Instacart often limits excursions to only the necessities. Leisurely trips for some retail therapy seem like an impossible luxury. However, some retail experiences make the traveling circus worth it. For example, when my son’s face lights up at the sight of the fountains at Scottsdale Quarter, mom and dad know they’ve bought themselves some time to check out a store or two. Maybe even a drink at one of the retail center’s restaurants if we’re lucky. The kid does like a good happy hour. It’s this type of experience that keeps us coming back.
This article originally appeared in the Paradise Valley Independent.
Collaboration appears to be the name of the game, as the newest owners of Smoke Tree resort are confident they can bring forward a winning development for the town of Paradise Valley.
Describing a welcoming, boutique and luxury resort — that will not include for-sale units — Scottsdale-based Walton Global Holdings plans to bring ideas forward later this fall.
“Our goal is for this reimagined resort to become comfortable and welcoming to the residents of Paradise Valley,” said Walton Global CEO Bill Doherty. “We want to become the ‘living room’ for the town — welcome to everyone.”
This article originally appeared in the Arizona Republic.
The Laveen community in southwest Phoenix has seen thousands of residential rooftops under construction for years, with houses replacing farms in the once agricultural area of the city.
But as the area has grown, the rapid development of housing has eaten up some of the land that could have been used for retail amenities and employment, some residents worry.
Three projects that are under construction or planned are expected to bring thousands of apartments and rental homes, a movie theater and unique restaurants to the area, which some residents said has been leapfrogged as other areas of the Valley have matured.
Join the Phoenix Business Journal for the latest in its series of real estate-focused virtual events that highlight key Valley cities and submarkets. These events bring together real estate sector executives, market experts and municipal economic development officials.
This event, hosted by Editor-in-Chief Greg Barr and economic development reporter Audrey Jensen, will focus on current and future development in the fast-growing West Valley city of Surprise. Surprise Mayor Skip Hall will deliver the opening remarks.
Read more and register here...
This article originally appeared in the Arizona Republic.
A plan for a 40-acre vacant field near Mercy Gilbert Medical Center aims to “create something different, unique and special,” a representative for the developer said.
Indiana-based Thompson Thrift, which has several other projects around the Phoenix area, is proposing a mixed-use project that will include a grocery store, apartments and restaurants surrounding public open space on the site, at the northwest corner of Val Vista Drive and Germann Road.
The project, called the Gilmore, includes 194,000 square feet of new commercial development, along with about 300 apartment units.
Adam Baugh, partner at Withey Morris and zoning attorney for the project, said the apartments will include loft units built above some of the commercial space toward the center of the development and a standalone apartment complex on the northwest corner.
This article originally published in the Arizona Republic.
A big-box shopping center near the Phoenix-Scottsdale border could be converted to 350 luxury apartment units and smaller-scale retail, according to plans from the center’s owner.
The conversion of a portion of Scottsdale Towne Square is a sign of the times, project leaders said, as owners of big-box retail buildings grapple with how to keep properties relevant as shopping habits and neighborhood desires change.
“We are taking a project that may have been perfect two decades ago or three decades ago, in terms of shape, size and content, and making it something that works today,” said Jason Morris, partner at Withey Morris and zoning attorney for the case.
Morris’ client, Woodbury Corp., has owned Scottsdale Towne Square since 2017, according to real estate database Vizzda. The property, on the northwest corner of Scottsdale and Thunderbird roads, was built in 1986 as a grocery-anchored shopping center.
This article originally appeared in the Arizona Republic.
The Tanger Outlets in Glendale plans to expand its footprint with new restaurant space and an entertainment venue after buying vacant land adjacent to the outlet mall.
Tanger Outlets bought seven acres from the Arizona Department of Transportation at an auction in 2021. The narrow strip of land runs vertically north to south between the outlet mall and Loop 101. It was previously used as overflow parking for nearby events.
The outlet mall is in the city’s sports and entertainment district near Loop 101 and Glendale Avenue.
Adam Baugh, partner at Withey Morris who is representing Tanger Outlets in the zoning case, said the parcel does not have access except through Tanger’s existing property, but does have freeway visibility, giving the outlet mall additional visibility for patrons. The outlet mall is also planning an additional digital billboard as part of the expansion.
This article originally appeared in In Business Magazine.
We are seeing an industrial technologies renaissance, led by semiconductor companies like Taiwan Semiconductor Manufacturing Company building a massive campus in north Phoenix and Intel expanding with Fab 52 and Fab 62 in the southeast Valley that are driving a whole ecosystem of investment,” says Chris Camacho, president and CEO of Greater Phoenix Economic Council. He notes we also have such stalwart industries as e-commerce and industrial manufacturing as well as distribution moving into the southwestern U.S., pointing out that Greater Phoenix is the number two growing market for industrial development, behind only Dallas-Fort Worth. “We’re a large-scale market where people want to be, from a lifestyle perspective to pro-business policies, the region is home to a collaborative and supportive ecosystem that has embraced growth and we’re seeing the results of that today in terms of industrial demand.”
Industrial manufacturing has, historically, been a huge contributor to Greater Phoenix jobs, and Camacho points to the 138,000 manufacturing jobs in the region now and continuing growth in advanced manufacturing. Employment in this sector is expected to increase faster in Greater Phoenix than in any other competitor markets, adding 5,400 jobs over the next five years. “Of the 250 companies from various sectors in GPEC’s business pipeline actively evaluating Greater Phoenix for expansion — representing a potential regional investment of $90 billion and 49,000 new jobs — 177 of those companies are industrial,” Camacho says, adding, “With 30,000 students enrolled in engineering programs across Arizona and investments in STEM education being made across Greater Phoenix, the pipeline of talent feeding into this ecosystem will fuel this growth for years to come.”
This article originally appeared in The Phoenix Business Journal.
Valley zoning attorney Jason Morris has had his share of tough zoning cases over the years. The founding partner of Withey Morris PLC law firm in Phoenix, is seeing an increase in NIMBYism related to proposed apartment projects across the Valley — even high-end ones.
“This could be from the volume of cases, the level of participation afforded by the internet or from the infill nature of many of my cases — which creates more challenges than cases on the outskirts of town,” Morris, who has been handling multifamily zoning cases for the past 28 years, told the Business Journal.
Sometimes it’s easy for these homeowners to forget they ever lived in an apartment, he said.
Smart developers know the value of a good due diligence effort, which should only be done by local experts who know where the bodies are buried inside the city’s zoning and permit records department. Yet for some reason, reckless developers are relying on out-of-state PZRs (Planning & Zoning Reports) as their sole resource for proper due diligence. In this episode we discuss why local knowledge is best when researching a site and identifying unforeseen landmines that are not captured by PZRs. Withey Morris’ George Pasquel and Stephanie Watney share two great examples of when reliance on PZRs resulted in missed fatal mistakes and ultimately delayed projects.
This article originally appeared in BEX.
After the extensively drawn-out approval for Greenbelt 88 was finally secured (AZBEX; Feb. 11) and two Arizona Legislators made major waves across the state’s local zoning authorities and development communities with the introduction of HB 2674, a bill that would have stripped municipalities of much of their power in determining project approvals (AZBEX, Feb. 8), I had the opportunity to talk with Jason Morris, partner at land use law firm Withey Morris, PLC and one of Arizona’s most sought-after experts in terms of zoning, land use and entitlements.
HB 2674 caused massive waves in municipal halls of power and in the development community, as it would have set rigid timelines for approvals, assigned building height and density requirements for projects without any local ability to deny, and implement “zoning by right,” creating automatic approvals for developments meeting the law’s generous criteria.
For those readers who don’t follow the approval side of the project development process, Morris is one of the developer representatives whose name pops up most frequently in zoning and approval cases for complicated proposals, large-scale developments and projects – like Greenbelt 88 – that need an expert pilot to help navigate them from proposal to permits.
This article originally appeared in AZRE magazine.
In 2020, a study by J.D. Power ranked Phoenix Sky Harbor International Airport as the best major airport in the U.S. While many travelers coming to or departing from the Valley pass through Sky Harbor, it isn’t the only runway in town.
About 30 miles to the southeast is Phoenix-Mesa Gateway Airport, which originally was an Air Force base where more than 26,500 pilots trained over a 52-year period. Gateway Airport now offers non-stop flights to 60 cities and hosts more than 40 companies, with an annual economic impact of $1.3 billion to Arizona’s economy.
The land surrounding the airport, known as Mesa Gateway, has become a magnet for industry, with developments including the 1 million-square-foot speculative industrial building Elliot 202 and an $800 million data center by Meta, the parent company of Facebook, in the works.
According to Mesa Council Member Kevin Thompson, who represents Mesa Gateway as part of District 6, the accessibility of the area is attracting more industrial users. “Just the fact that SR 24 is coming has accelerated projects that have been looming in the background for years. Developers are seeing the nexus of everything coming together and they want to be part of that,” he says.
Between the availability of land and growing connectedness of the region, development in Mesa Gateway is thriving.
This article originally appeared in the Gilbert Sun News.
Seven years after it was chased out of Gilbert neighborhoods – twice — Springstone finally opened Gilbert’s first mental-health hospital in 2020.
Under the guidance of land-use and zoning attorney Adam Baugh, the 72-bed Copper Springs East went from being the brunt of public outcry to becoming a welcomed addition to the community.
Baugh formed a coalition, getting police and fire officials lined up behind the project and medical professionals who spoke of the need for such a facility in town, as teenage suicides were ramping up. The Planning Commission in December 2017 unanimously approved the conditional use permit for the facility.
“The way my community is formed, the way it grows, is not by accident,” said Baugh, who has lived in Gilbert since 2003. “It’s interesting and it’s deliberate and for the greater good.
We as a town benefited with having that hospital here dealing with anxiety and mental health issues.”
For Baugh, every shopping center, master-planned community and mixed-use development has a tale to tell and he and Withey Morris law partner Jason Morris are sharing them on a podcast called “Dirt to Development.” Baugh came up with the concept after years of regaling others with behind-the-scenes anecdotes of projects in the state.
Stay informed and up-to-date on the latest developments in land use and zoning law with insights and analysis from our experienced team of attorneys.
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