Just say no. It's not that simple.

Just say no.

Former first lady Nancy Reagan popularized those three words back in the 1980s to discourage children from using illegal drugs for recreational use. As a slogan for a campaign targeting children to steer clear of drugs, it's a simple and effective message. But as a suggestion to cities on how they should approach potential development, to "just say no" is not so simple or effective. In fact, it's illegal. We'll come back to that point.

Development seems almost inevitable if you live within a city's limits. You will most likely see a nearby vacant, sometimes wooded property become a new housing addition, retail center, restaurant, or maybe even a business that will bring jobs to your community. For many citizens, it can be difficult to see that quiet empty piece of land become a bustling center of commerce or family-filled neighborhood.

Most of the property that's developed in a city typically belongs to an individual, a family, or a company and is therefore privately owned. Rarely does the land belong to the city. Most municipal governments are not in the real estate business. When a city does acquire property it's typically for long-term plans such as using it for public infrastructure improvements, a new fire station or police station, preserving a historical landmark, or creating a new public park.

Most vacant land belongs to someone, or their family over time, who is most likely looking for the right opportunity to develop it, and so long as those development plans meet the land use requirements and regulations of the municipal government, the property owner has the right to develop their land. All property owners have property rights, which are established by the U.S. Constitution.

Just say no.
The city shouldn't allow this.
Why are they taking up all the land?

We continually hear and read some variation of those statements and questions from citizens when we announce City Council's approvals of land development around Broken Arrow. Like we said earlier, it is illegal to "just say no" and blindly refuse to consider a formal development application submitted by a property owner, or representative. Again, property owners have property rights.

Cities must follow established legal processes regarding land use development applications. If a property owner or representative submits an application that is allowed under state law and local procedures, the City cannot arbitrarily refuse or simply "just say no" and prevent them from going through the process. Doing so could expose the City to significant legal liability and potential lawsuits.

If a court were to determine that a city's denial was arbitrary, capricious, or not supported by evidence, a judge could overturn the City's decision. In that situation, the City could potentially lose leverage to negotiate conditions, safeguards, infrastructure improvements, or other protections that may benefit the community. Additionally, to "just say no" could potentially cost significant taxpayer money in legal expenses to defend the city's refusal. Cities must follow the proper legal and public process.

When a formal development application is submitted for property where a zoning district is not in place*, the process involves a detailed staff review, due diligence, public meetings, Planning Commission consideration, and ultimately a public decision by the City Council. During the review and due diligence process, several different potential impacts are evaluated:

• Land use - Is the intended use of the property aligned with the Broken Arrow Next Comprehensive Plan and do the plans meet the requirements of the city's Zoning Ordinance?
• Infrastructure - Is there capacity to serve the community's needs for water, sanitary sewer, stormwater mitigation, etc.?
• Traffic - What are the potential impacts to the roadways based on historical traffic count data and future projections?
• Public Safety - What are the potential impacts to police, fire, ambulance, and emergency management services?
• Schools - Broken Arrow has a great relationship with the local school district and maintains an open line of communication about development within the city. If there were negative impacts, school administration would let us know.

*There is no public process for a property owner to build on their property as long as the use fits the platted zoning district. The owner must however meet all federal, state, and local engineering standards, building codes, permits, inspections, etc.

What is the Broken Arrow Next Comprehensive Plan ? Under state law, cities are authorized to prepare and adopt a framework that serves as a community's vision to guide future growth and development. The adoption process takes about three years and includes significant citizen engagement with their input being a critical component of the plan. The first Comprehensive Plan for Broken Arrow was completed in 1968, with subsequent plans occurring in 1975, 1983, 1997, and 2019. The point of a Comprehensive Plan makes sure new homes, businesses, roads, and parks all fit together in a thoughtful, well-planned way.

The Zoning Ordinance is a set of rules that state what use types can go in each zoning district of the city like where homes, stores, and factories are allowed. It also regulates development details such as building placement, parking, signage, and conditional uses like requiring special permits or variances. The point of the ordinance is to keep things organized, safe, and nice for everyone to live and work in.

The city must follow the proper process to ensure compliance with the local and state laws. Again, it cannot simply "just say no."

New development doesn't just happen with the flip of a switch. When you see new houses or businesses being constructed, it means the developer's plans have gone through the comprehensive process and met the city's rigorous standards and requirements to get to that point where structures are coming out of the ground.

We understand what citizens mean when they tell us to "just say no." We understand that sentiment. It's not easy to see mature trees make way for manmade buildings. There's something to the calming effect of driving past wide-open undeveloped land. But, as you pass by, keep this in mind. Someone owns that land, and their intentions for their personal property are likely different than your intentions for that person's property. Much like the intentions you have for your personal property are likely different than someone else's intentions for your property.