Posted June 25, 2019

This past Wednesday, REBIC and representatives from the Cabarrus Chapter of the Greater Charlotte HBA met with Cabarrus County Planning staff to discuss a recent proposal to increase planning, zoning, and some building inspection fees. The increases would impact both commercial and residential zonings in unincorporated Cabarrus County, as well as construction projects countywide. 

Staff has proposed that these new fees will go into effect starting January 1, 2020. Along with changes in the cost of permit fees, staff is also proposing changing new construction permits to a single permit. Many of the changes result from a shift from a fee structure based on estimation of cost per project, to one based on square footage.

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Posted June 18, 2019

Charlotte's planning staff is working on a proposal to amend the City's Tree Ordinance in an attempt to make it easier for urban infill sites to comply. The draft proposal, created through a stakeholder process that included representatives from REBIC, neighborhood groups and environmental advocates, would provide for better integration of trees into small residential and commercial projects, potentially minimizing the need for offsite mitigation. The proposal does not reduce the total amount of trees required on a site, however.

Some of the proposed changes include:

• An option to create an Amenitized Tree Area that can help meet the tree save requirement though an impervious, passive use space.
• The ability to plant trees in alternative locations, such as on rooftops, in planters and plazas, and over parking decks.
• Reduced spacing for street tree planting, when necessitated by site conditions.
• Alternative location options for trees required for parking spaces in urban townhome projects.

The changes would apply only to urban zoning districts (UMUDD, MUDD, TOD, UR, NS, PED and TS), along with any project with ground-floor nonresidential uses. The proposed changes are expected to go to City Council for consideration in September.

Posted June 17, 2019

Last week saw multiple pieces of legislation receive consideration.

House Bill 131 “Repeal Map Act.” received final approval by the Senate on Wednesday. It has now been sent to the Governor for his signature. As we discussed last week, this legislation would formally repeal the state’s Map Act which has been in place for more than thirty years. Enacted initially to give the Department of Transportation the ability to identify land to be used in future transportation corridors, it has been found to have been used to hold lands in perpetuity with no just compensation to the property owner nor actual projects being scheduled/funded. If approved by the Governor, this will be a significant win for property rights in North Carolina.

Senate Bill 573 “Revenue Laws Clarifying & Administrative Changes” received a favorable report from the Senate Finance  and Senate Rules committees this week. Included in this 41-page bill are additional clarifications to the repair, maintenance, and installation (RMI) tax requirements in response to our advocacy on behalf of residential and commercial property managers. The legislation exempts certain RMI from taxation when performed by a property management company and clarifies when the taxes are required to be collected. Specifically, the bill  requires property management companies to charge and remit RMI sales tax only in the following circumstances:

1. They provide repair, maintenance, installation services for an additional charge above what is stated in the management contract.
2. They arrange for a third party to provide the repair, maintenance, and installation services and impose an additional charge for arranging these services.
3. More than twenty-five percent (25%) of the time spent managing an individual real property during a billing or invoice period is attributable to taxable repair, maintenance, and installation services. The property manager can voluntarily provide a written affidavit to attest that no more than 25% of their services on a given property constitute taxable RMI services, which would clear them of liability for taxation on any portion of the contract amount.

Posted June 13, 2019

The North Carolina General Assembly advanced legislation supported by REBIC, the North Carolina Association of Realtors® (NCR) and other industry trade groups that would clarify that residential and commercial Property Management agreements are largely not subject to the state’s Repair, Maintenance & Installation (RMI) sales tax.

SB 523 — Revenue Laws Clarifying & Administrative Changes, was given a favorable report this morning by the Senate Finance committee, with an amendment that requires Property Management companies to charge and remit RMI sales tax only in the following circumstances:

1. They provide repair, maintenance, installation services for an additional charge above what is stated in the management contract.
2. They arrange for a third party to provide the repair, maintenance, and installation services and impose an additional charge for arranging these services.
3. More than twenty-five percent (25%) of the time spent managing an individual real property during a billing or invoice period is attributable to taxable repair, maintenance, and installation services. The property manager can voluntarily provide a written affidavit to attest that no more than 25% of their services on a given property constitute taxable RMI services, which would clear them of liability for taxation on any portion of the contract amount.

The amendment also provides specific exclusions to RMI services, which help ensure much of the work done by property management companies is not subject to taxation. They are:

Posted on June 10, 2019

On Monday, June 3, 2019, proposed fee changes were presented to the Cabarrus County Board of Commissioners by the Director of Planning and a consultant that assisted with the fee study.  Along with changes in the cost of permit fees, staff is proposing changing new construction permits to a single permit (blanket permits).

On June 19, 2019, Cabarrus County Planning staff is inviting builders to come to an open session from 1-3pm in the Multi-Purpose Room at the Cabarrus County Governmental Center.  During this session staff will discuss why these fees are being proposed, give examples of how fees are charged now, and what the fees would be if adopted as proposed.  Staff will be able to answer any questions and hear any feedback that you have. 

Wednesday, June 19, 2019
1:00 PM to 3:00 PM
Cabarrus County Government Resource Center - Multipurpose Room
65 Church Street S.
Concord, NC 28025

Posted on June 12, 2019

The City of Charlotte is in the process of creating a comprehensive plan outlining our community’s vision of how we want to grow and the steps needed to get there.  If you are passionate about our City and want to make a big impact, please consider becoming a Charlotte Future 2040 Plan Ambassador or a Charlotte Future 2040 Strategic Advisor.

Plan Ambassadors will help spread the word about the comprehensive plan and enhance engagement by assisting with outreach efforts. 

Posted June 7, 2019

At a recent meeting with City staff and representatives from the Charlotte-Mecklenburg Police Department (CMPD), representatives from REBIC, NAIOP Charlotte and AGC Carolinas raised objections to the Noise Ordinance revisions being proposed by the City of Charlotte.

Among other things, the amendments would allow CMPD to designate specific construction sites as ‘chronic noise producers’ and require the creation of a formal plan to mitigate noise impacts on surrounding neighborhoods.

Our three main concerns with the ordinance are:

Posted on June 10, 2019

On Monday, June 3, 2019, proposed planning and zoning fee changes were presented to the Cabarrus County Board of Commissioners, based on a recent study evaluating the potential to move to a full cost-recovery model. Along with changes in the cost of permit fees, staff is proposing changing new construction permits to a single permit (blanket permits).

On Wednesday, June 19, Cabarrus County Planning staff is inviting builders to come to an open session from 1-3 p.m. in the Multi-Purpose Room at the Cabarrus County Governmental Center.  During this session staff will discuss why these fees are being proposed, give examples of how fees are charged now, and what the fees would be if adopted as proposed.  Staff will be able to answer any questions and hear any feedback that you have.

Cabarrus County Development Fee Meeting

Wednesday, June 19

1:00 PM to 3:00 PM

Cabarrus County Government Resource Center – Multipurpose Room

65 Church Street S.

Concord, NC 28025

*It is very important that we have a strong showing at this meeting with staff*

 

Posted June 6, 2019

As it prepares to take over development plan review from Mecklenburg County on July 1st, the Town of Huntersville has amended its fee schedule to include the current (FY 2018) LUESA fees for land development plan review, bond maintenance and other related services. The fees are substantially lower than those proposed by Mecklenburg County in FY 2019 and 2020, which will increase more than 200% over a two-year period.

The main services the Town will take over from LUESA include development plan review; zoning, development and erosion control inspections; and bond administration. Five new positions have been created to provide these services, and the Town expects to have them in place within the next two months. The positions include a Street Inspector, an Erosion Control Inspector, a Bond Administrator, a Stormwater Plan Review and a Zoning Inspector.

Posted on May 29, 2019

Thank you to everyone who came out on Thursday, May 16, for the first annual NAIOP Charlotte/CRCBR TopGolf Tournament at TopGolf Charlotte.

View Photos

Check back for more photos next week!

Congratulations to Our Winners!

Posted May 21, 2019

By Mary Burke Baker

Main Street and industries also stand to benefit from the new tax incentive.

Opportunity Zone incentives offer significant tax benefits to encourage long-term investment in low-income areas. Enacted as part of the tax reform bill that was signed into law at the end of 2017, Opportunity Zones sparked an initial wave of interest among commercial real estate developers, including those focused on affordable housing, office space and mixed use.

However, this early excitement led many in the real estate industry to overlook the fact that Opportunity Zones potentially can be used for any active trade or business. That includes manufacturing, retail, hospitality, medical practices, day care centers, research facilities, energy plants and grocery stores.

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Posted May 20, 2019

Lawmakers want the Treasury Department to track the effectiveness of Opportunity Zones. Last week, a bipartisan set of senators including Tim Scott (R-SC), Todd Young (R-IN), Cory Booker (D-NJ) and Maggie Hassan (D-NH) introduced S.1344, which would put in place new oversight requirements for investments in the zones. A companion bill, H.R. 2593, was introduced in the House by Democratic Rep. Ron Kind of Wisconsin.

Investors may also be given more time to invest in the zones. An aide to Sen. Scott told Bloomberg that he and Sen. Booker are considering introducing legislation that “would move back by one year the start date of the tax breaks.” Investors are facing rapidly approaching deadlines – for some, as soon as June 29 – to buy into eligible projects in order to take full advantage of the tax benefits. Pushing back the start date would buy the Treasury additional time to finalize regulations governing these investments, and provide certainty to those deploying capital in the zones.

In other legislative news, the House Ways and Means Committee plans to hold a hearing Wednesday to discuss climate change. NAIOP supports legislation that takes a sensible approach to incentivizing energy efficiency without imposing new mandates.

Posted on May 8, 2019

The NAIOP Sentiment Index is designed to predict general conditions in the commercial real estate industry over the next 12 months. The forecast is not based on an analysis of historical data, but rather it represents a look into the future by real estate developers, investors, operators and brokers. These NAIOP members are asked to respond to questions based on their ongoing work, including projects in their pipelines. For more information, see Understanding the Index.

Download the Report

Posted on May 5, 2019

A significant number of Mecklenburg County property owners will see an increase in their tax bill this year under a budget proposal unveiled recently by County Manager Dena Diorio, which would adopt a tax rate almost 2 cents, or 3.3 percent, above revenue-neutral.

With an average property value increase of more than 50% following a countywide revaluation, the tax rate at which the County would collect the same amount of total revenue (known as the ‘revenue-neutral’ rate) is 59.7 cents per $100 of assessed value. The manager’s budget proposes a rate of 61.69 cents per $100, or 1.99 cents above revenue neutral. The impact of the higher rate means more than 65% of all Mecklenburg County homeowners, and more than 71% of all commercial property owners, will see higher tax bills this year.

Posted on April 30, 2019

The City of Charlotte is considering revisions to its Noise Ordinance that would allow the Charlotte-Mecklenburg Police Department (CMPD) to designate specific construction sites as 'chronic noise producers' and require a the creation of a formal plan to mitigate noise impacts on surrounding neighborhoods.

The changes, approved last week by City Council's Neighborhood Development Committee, are part of an extensive update of the 2011 Noise Ordinance, which also include the creation of noise buffers around schools, churches or health care facilities, and tighter restrictions on the use of amplified sound. In addition to giving CMPD the authority to make the chronic noise designation, the ordinance would create escalating fines for repeat violations and add specific examples of construction equipment for greater clarity.

The  proposed Noise Ordinance changes are available on the City's website. REBIC will be reviewing the ordinance with our general contractor members in the coming weeks to determine how to address the proposed changes.

Posted on April 29, 2019

Proposed regulations rolled out last week by the Treasury Department should make it easier for commercial real estate practitioners to invest in qualified Opportunity Zones (OZ).

An “Opportunity Zone” is defined as “an economically-distressed community where new investments, under certain conditions, may be eligible for preferential tax treatment.” They were created as part of the 2017 Tax Cuts and Jobs Act, which NAIOP supported.

Investors can reduce their taxes by taking capital gains income and putting it in a Qualified Opportunity Fund that invests in designated Opportunity Zones. Under the latest IRS regulations, the funds now have 12 months instead of six to put their money to work in an OZ.

Posted on April 26, 2019

By Mark Abell

A relatively new extended-maturity loan option from the U.S. Small Business Administration is heating up the real estate market among small businesses that are anxious to purchase properties while the economy is booming and interest rates remain low.

In April 2018, the U.S. Small Business Administration announced changes to its 504 loan program to allow for a 25-year maturity on the debenture portion of the financing package. A 504 facility is structured in three parts: a bank loan for 50 percent of the amount being financed, up to a 40 percent debenture (or bond) that carries an SBA guarantee, and as little as 10 percent equity funded by the borrower. Previously, the SBA-backed debenture was available with 10- and 20-year maturities. Now that longer 25-year maturities are available, businesses can effectively borrow more funds.

Posted on April 26, 2019

Developing leader members of NAIOP Charlotte volunteered at The Harvest Center on April 24, 2019 where they helped serve dinner and facilitated activities with the kids!

Posted on April 23, 2019

The biggest thing happening in commercial real estate is digital disruption.

Traditionally, construction and CRE have lagged behind other industries, but technology is changing so rapidly it's setting the framework for how we look at CRE. It's no longer a 40-50 year asset – it's a dynamic process continually being reshaped by the convergence of technologies.

Posted on April 23, 2019

The Charlotte City Council unanimously approved a new Transit-Oriented Development (TOD) Ordinance, which sets standards for commercial and residential development in the city’s light rail corridor.

REBIC and our members worked closely with City planning staff on the ordinance over the past 18 months, and we are generally pleased with the final product. Many of our suggestions — from changes in maximum parking ratios to additional development incentives — were included in the final draft adopted by Council last week. Our only remaining significant concern remains the 130′ building height limitation, which can only be exceeded through the use of a bonus point system that encourages affordable housing investments, energy efficient construction, or the contribution of offsite infrastructure.

While we support each of these policy goals, we believe City Council should do everything possible to encourage density in our transit corridors, and not restrict itself from considering economic development opportunities that would otherwise be limited by the building height caps in each TOD district.

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