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Joint Development Agreements Using FTA Funds or FTA-Funded Assets (2021)

Chapter: APPENDIX B. STAKEHOLDER INTERVIEW QUESTIONS

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Suggested Citation:"APPENDIX B. STAKEHOLDER INTERVIEW QUESTIONS." National Academies of Sciences, Engineering, and Medicine. 2021. Joint Development Agreements Using FTA Funds or FTA-Funded Assets. Washington, DC: The National Academies Press. doi: 10.17226/26268.
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TCRP LRD 56 19 9. Have any issues come up with any past JD projects that your agency has undertaken, particularly regarding: a. The NEPA process b. The FTA process c. Eminent domain d. Vested rights e. Religious land uses? 10. Does your agency have a policy for JD? If so, would you kindly share it with us? 11. One of the objectives of this project is to develop model provisions for JD agreements. If your agency has JD agree- ments currently in place, would it be possible for you to share them with us, and/or send us portions of those agree- ments that you believe have been effective in addressing JD conditions (including unforeseen situations that may occur after the JD is executed)? 12. This project primarily addresses legal issues associated with the administration of FTA Circular 7050.1A, but we appre- ciate that local ordinances and/or state law/regulation may conflict with the guidance contained in Circular 7050.1A. If such conflicts exist, how does your agency address these conflicts? What actions would you recommend other transportation agencies take to avoid or overcome those conflicts? 13. Please describe a recent successful JD project in detail. What was the solicitation method used? Was there public engage- ment/community input? Were there any conflicts with state laws relating to property rights (i.e. air rights, easements, public right-of-way)? How was the project financing struc- tured? What was the overall purpose of the development – to earn revenue, promote transit use, or some other reason? What were the takeaways/lessons learned? a. Would you be willing to provide us with additional information (including outcomes, photographs, more specific/detailed information) on this project or others that your agency has undertaken, so we could use that information as a “case study” in our report? 14. What does the future of JD look like for your agency? Do you plan on undertaking any JD projects involving the FTA going forward? Why or why not? What level of demand/ political will for these types of projects have you seen in your jurisdiction? 15. Please provide feedback on the new provisions proposed for Circular 7050.1B, if you have had a chance to read them APPENDIX B. STAKEHOLDER INTERVIEW QUESTIONS 1. The objective of TCRP J-05/Topic 18-04 is to produce a digest that addresses both FTA requirements for JD projects with FTA assistance or FTA-funded assets, and develop model provisions to include in JD agreements. Under FTA Cir- cular 7050.1B, “Federal Transit Administration Guidance on Joint Development,” joint development (JD) is defined as: a public transportation project that integrally relates to, and often co-locates with, commercial, residential, mixed- use, or other non-transit development. Joint development may include partnerships for public or private development associated with any mode of transit system that is being improved through new construction, renovation, or exten- sion. Joint development may also include: intermodal facili- ties, intercity bus and rail facilities, transit malls, or historic transportation facilities. 2. Has your agency ever, or does your agency plan to enter into, any JD projects as defined by the paragraph above? 3. If you responded “yes” to the above, has your agency inter- acted with FTA about one or more actual or proposed Joint Development projects? If yes, about how many? What was/ is FTA’s latest position on the project(s)? 4. At what point in the development of your agency’s JD project(s) did/does your agency begin interacting with your regional FTA office? 5. Please give us a little more information about your experi- ence working with the FTA on JD projects. What were the aspects of the process that worked well? Not as well? Did you feel the process was straightforward? Confusing? 6. What level of involvement have you had with the FTA re- garding your agency’s operating real estate (stations, park- and-ride lots, maintenance yards, etc.). Was all, some, or none of it acquired or improved with FTA assistance? 7. How did your agency procure/select successful partner(s) for undertaking the joint development project? 8. Has your agency undertaken projects on FTA-assisted property through a process other than FTA Joint Develop- ment review, i.e.: a. Disposed of FTA-assisted property (i.e., as surplus prop- erty)? If so, did you consider joint development of all or part of the property? b. Agreed to other non-transit uses of FTA-assisted prop- erty? If so what was the process? c. Agreed to non-transit uses or JD on non-FTA assisted property? If so, what was the process?

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In the United States, transit oriented development (TOD) is now recognized as a critical element in the planning, development, and execution of transit projects. Recent legislation has been designed to streamline the approval processes for new transportation projects, focus more on safety, and establish new programs to advance critical freight projects.

The TRB Transit Cooperative Research Program's TCRP Legal Research Digest 56: Joint Development Agreements Using FTA Funds or FTA-Funded Assets aims to clarify the Federal Transit Administration (FTA) assisted joint development process and attempts to separate public perceptions (and misperceptions) about TOD from reality. It is an update to TCRP Legal Research Digest 12:The Zoning and Real Estate Implications of Transit-Oriented Development.

Appendix C incudes sample model agreement forms, developed from Washington Area Transit Authority’s Office of Real Estate and Station Planning Templates.

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