Achieve Success at the Zoning Table - International Builders' Show 2014

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All plans and drawings in this presentation are copyright protected by the presenters or their clients.Reproduction in part or in whole without expressed written consent is prohibited. …

All plans and drawings in this presentation are copyright protected by the presenters or their clients.Reproduction in part or in whole without expressed written consent is prohibited.

Stop fighting the politics of local opposition, and start gaining approvals and winning neighbors. This presentation uses real-life experiences to provide you with insights and tips on how to overcome local opposition, manage confrontation, build community support for your projects and combat "not-in-my-backyard" resistance. These case studies will explore what worked well, and not so well, for other developers and builders so you can build on their successes and avoid making the same mistakes.

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  • Election year.
  • State comprehensive plan
  • Soft approach, for down and dirty meetings.
  • I want to take a moment to talk about placemaking. This goes to the point of softening density. In other words, it’s not how dense you make it but how you make it dense.Good questions to ponder are:What if we shifted our focus to building communities around happiness and wellbeing.What if we built our cities, towns and neighborhoods around places.Give priority to life, then space, then buildings. The number of buildings then becomes virtually irrelevant.B. The return on great public spaces is that they can increase prices and rents, spur absorption, and create community.
  • Need Summerport Commission approval date to add in and start of construction.Construction phase 1 aug 2012 through june 2013June 2013 – occupancy phase 1April 2013 – Phase 2 ApprovedMarch 15, 2013 phase 2 final plans submitted for approvalNovember 26 2012 Community MeetingNovember 12, town hall meetingOctober 3, 2012 – community meetingPhase 1 development for civil and arch cd’s + Permitting Nov 2011 to Aug 2012December 7 2011 initial changes presented to commissionSeptember 24th, Community Meeting without developerSeptember 9th, Community Meeting with Developer and Commissioner.August 26, 2012 – First meeting

Transcript

  • 1. Achieve Success at the Zoning Table FEBRUARY 4, 2014 | 10 – 11 AM Presenter(s): Phil Stuepfert // HR Green Inc., Yorkville, IL Chris Grady // KEPHART, Denver, CO Ken Linehan, AIA, LEED AP // Fugleberg Koch, Winter Park, FL
  • 2. American Institute of Architects (AIA) Continuing Professional Education Credit(s) earned on completion of this course will be reported to AIA CES for AIA members upon completion of the AIA/CES Session Participation Forms found in the back of this session room and online at www.BuildersShow.com. Certificates of Completion for both AIA members and non-AIA members are available upon request. This course is registered with AIA CES for continuing professional education. As such, it does not include content that may be deemed or construed to be an approval or endorsement by the AIA of any material of construction or any method or manner of handling, using, distributing, or dealing in any material or product. Questions related to specific materials, methods, and services will be addressed at the conclusion of this presentation.
  • 3. Session Description Stop fighting the politics of local opposition, and start gaining approvals and winning neighbors. This session will use real-life experiences to provide you with insights and tips on how to overcome local opposition, manage confrontation, build community support for your projects and combat "not-in-my-backyard" resistance. These case studies will explore what worked well, and not so well, for other developers and builders so you can build on their successes and avoid making the same mistakes. You also have an opportunity to share your challenges and toughest issues and let expert panelists offer suggestions for working toward a solution.
  • 4. Learning Outcomes  Discover effective ways to navigate a neighborhood meeting in order to improve your chances of getting project approvals - despite public opposition.  Analyze opposing views and use that assessment to convert opponents into partners.  Calculate when and how to present ideas and use that as a source of project input and assessment of feasibility.  Understand how your development team can better work with local government agencies and concerned citizens, thus improving their ability to build consensus and create projects that are embraced by the community.
  • 5. 4 case studies Discuss challenges and learning outcomes for each
  • 6. • Project Background: - 16 acres commercial zoning - Current condition incompatible with economic and market realities • Project Program: - 13 acres multifamily residential / 250 market rate apartment homes - 3 acres commercial / boutique retail pad sites
  • 7. Challenges • Neighbors’ fear of change • Neighbors’ concerns about rental multifamily • Municipality – rezone commercial to residential – loss of potential tax revenue
  • 8. Vicinity Map – City of Littleton SITE ITE S
  • 9. Vicinity Map Park Existing SFD Conoco Gardens at Columbine Assisted Living SITE +/- 16 Ac. Existing Commercial Zoning Existing Apartments
  • 10. Rezoning Justification Changing Conditions • Land use in the surrounding parcels has changed significantly since the parcel was initially zoned in 1985 • Traffic patterns and light rail have developed • Neighborhood retailers have declined in favor of regional retailers on high traffic streets • Proposed zoning is a more compatible use with neighboring properties
  • 11. • Strong arguments with good supportive documentation • Sound facts, figures, studies and statistics • Great skill in communicating with local leaders and citizens • Accuracy in exhibits and clarity in commitments
  • 12. Rezoning Justification Changing Conditions Not enough density for retail – 6,700 people – 20,000 required Lack of density squeezes retail viability 1 Mile
  • 13. Rezoning Justification :: Changing Conditions
  • 14. Changing Conditions Neighborhood Retail struggling due to regional retail on high traffic corridors
  • 15. Market Conditions :: Residential Difficult to find an apartment today
  • 16. Boutique Retail 3 Ac.
  • 17. Rezoning Benefits Economic benefits: 250 Apartment Homes Total Economic Contribution $12,957,832 Total Jobs Supported Spending Power Jobs Supported 334 $6,170,048 164 – Multi-family housing is a feeder to support entry of new residents and future home buyers in Littleton – More housing potential for employees of Littleton businesses – Residents will spend money in Littleton – Jobs created during construction and operation of project Colorado Apartments Apartment Residents Spending Power Direct Jobs Supported Total Economic Contribution Total Jobs Supported 662,404 $8,000,503,408 213,195 $16,802,006,209 432,559
  • 18. Rezoning Benefits “The additional students your proposal would generate would be of great benefit to Littleton Public Schools.” – Terry Davis, Director of Operations and Maintenance
  • 19. Mailing – 2 Mailings totaling more than 5,000 postcards mailed Neighborhood Meetings – January 31 – April 14 – July 9 Door to Door Outreach Website – 1,400+ Different Visitors Outcome of Neighborhood Outreach – 19 letters of support vs. 6 letters of objection – 7 Neighbors attended hearings to support the project
  • 20. Amenity Areas :: Character Gathering Spaces Dog Run
  • 21. Amenity Areas :: Character Clubhouse
  • 22. Amenity Areas :: Character
  • 23. Conceptual Architecture Proposed Adjacent Neighborhood Character
  • 24. • Retained some retail as boutique sites • Municipality sees benefit of new residents feeding existing commercial (offsetting loss of commercial on this site) • Municipality sees benefit of housing diversity • 4-3 Vote for approval – power of politics • Municipal Staff support 100% • High level of community involvement helped to minimize negative information
  • 25. • 250 Units approved. Building permits will not be issued beyond the 150th unit until two-thirds of the retail sites are completed. • Municipality weighed-in on site plan details and architectural character • Additional landscape buffering provided to mitigate visual concerns for adjacent single family homeowners
  • 26. • Embrace spirit of compromise • Early and direct community involvement can eliminate misperceptions and prevent misinformation • Provide sound fact-based support documentation • Present an accurate depiction of your proposal
  • 27. Loch Berry at Winter Park Towers v Come for the Lifestyle . . . Stay for a Lifetime Winter Park, Florida
  • 28. Loch Berry at Winter Park Towers Project Background: Not-For-Profit 168 Residential Apartments, 54 Assisted Living Apartments, 120 Bed Health Center, 86 Village Homes (428 Total) Over 500 Residents & 300 Staff Members 198 Parking Spaces (.46 Spaces/Apt) Winter Park Towers Pays In Excess Of $250,000 In Ad Valorem and Intangible Taxes Not Enough Existing Parking For Residents
  • 29. Loch Berry at Winter Park Towers Project Program: 6 Acre Site w/ 13’ of Fall New 4/5 Story, 56 Unit Lakeside Infill Residential Structure 425 Car Parking Garage Connection Bridge from Existing Tower To New Residential Structure And Garage Resident Courtyard And Activity Areas Underground Detention Vault
  • 30. Loch Berry at Winter Park Towers Challenges Planning & Zoning Changes City Commission Changes Timeframe Neighborhood Agenda
  • 31. Loch Berry at Winter Park Towers Comprehensive Plan Amendment Policy 3-1.4.3 “The City shall promote the development of housing alternative specially designed for the elderly.” Compatible With Surrounding Development Consistent With Comp Plan Need For Additional Parking/Units Minimal Effect On Surrounding Lands DCA Has No Objections
  • 32. Loch Berry at Winter Park Towers Rezoning: Low Density Residential Prohibits Parking Garages Policy 1-3.5.3: “The City shall prohibit above grade parking garages within 100 ft of a low density residential property.” PUD to R-4, Meet/Exceed All R-4 Code Requirements Adjacent to R-4 Minimal Amount Rezoned Area Rezoning Is Interior to Property Compatible With Surrounding Area
  • 33. Loch Berry at Winter Park Towers Final Approvals: Zoning Staff Recommended 100% Approval City Commission Split 3/2 On Approval Met Heavy Opposition From Affluent Neighbors Across The Lake And The Residential Neighborhoods to the North & South
  • 34. Loch Berry at Winter Park Towers What Was Done Right?
  • 35. Loch Berry at Winter Park Towers TIMELINE: 6 ½ Years?
  • 36. Loch Berry at Winter Park Towers Jan – Neighborhood Meeting(s) Jun - Original Submittal Nov – P & Z Approval Oct – P & Z Nov – P & Z 2006 Dec – Commission Approval Oct – Meeting w/ HOA 2007 2008 2009 2010 2011 2012 Construction Dec – Revised P & Z Submittal Nov – Charrette Review by HOA Nov – New Plan Submitted Jun – Attorney Hired Oct – Charrette w/ Neighbors Feb – New Comp Plan Approved Nov Project Occupancy
  • 37. Loch Berry at Winter Park Towers Compromises: Smaller Garage, 425 to 384 spaces Loss of Existing Homes Moved Garage Interior Of Site Decreased Height on Lakefront Facade WPT Residents Gave Up Open Space Increased Lakefront Setback from 110’ to 135’ Additional Costs Due To Retention & Topography Re-align Main Entrance Development Agreement w/ City
  • 38. Loch Berry at Winter Park Towers Have A Connected Land-use Attorney As Part Of The Team To Appease The City Council Coordinated Multiple, Low-tech, Down and Dirty Community Meetings All Exhibits Portrayed An Accurate Description Of The Built Project
  • 39. Loch Berry at Winter Park Towers Total Site Section Enlarged Section
  • 40. Loch Berry at Winter Park Towers
  • 41. Loch Berry at Winter Park Towers New Building Before Construction After Construction
  • 42. Loch Berry at Winter Park Towers
  • 43. Loch Berry at Winter Park Towers OUTCOMES: • There will be compromises on all sides, know that going in. • When the resources allow it, hire an Attorney – They have the legal connections. • Community meetings are the key to working with the neighbors, keep the lines of communication open. • Exhibits, diagrams, etc…need to be understood by all parties, the smallest item can a hold up the approval process.
  • 44. • Project Background: - 140 Acre master plan with single-use zoning - Current condition incompatible with economic and market realities • Project Program: - 140 Acre VISION master plan / Flexible Planned Unit Development (PUD)
  • 45. Bromley Farms - Challenges • Neighbors’ fear of change • Municipal acceptance of unknown  Product diversity  Density  Commitment to quality design
  • 46. Bromley Farms…That was then Approved Plan (2000)
  • 47. Bromley Farms…The previous plan
  • 48. The idea of COMMUNITY is about QUALITY of life… …and it’s about RELATIONSHIP
  • 49. • Tell the story / Create the vision • Communicate early and often with local leaders and citizens • Provide sound documentation • Provide clarity in commitments
  • 50. 1. Emphasize neighborhood character. 2. Promote safe and friendly streets. 3. Provide diverse housing choices and mix of building types. 4. Ensure walkability and provide a convenient mix of amenities and gathering areas.
  • 51. Place Making “First life, then spaces, then buildings – the other way around never works.” --Jan Gehl, Professor of Urban Design at the School of Architecture at Royal Danish Academy of Fine Arts in Copenhagen
  • 52. Ideal Community Life :: The Vision Plan
  • 53. Market Is More Diverse Than Ever Singles (young, divorced, etc.) Childless couples Traditional families First-time Buyers, Move-up Buyers, Empty Nesters Multi-generational - Gen Y, Gen X, Boomers
  • 54. • Start with life • Consider benefits of clustering and creating smaller lot configurations to gain common useable neighborhood open space • Trade off is smaller private yard with less maintenance • Homes need to be designed differently
  • 55. We’ve Considered a “Not–So–Big” Approach • Building smaller, manageable development phases reduces financial exposure and risk • Build in flexibility to address market shifts in future phases • Plan for lifestyle diversity in each phase / neighborhood • Provide variety in home types, sizes and prices
  • 56. Flexible Product and Planning Two Single Family Homes One Tri-Plex Flexibility in product type can mean better absorption and adaptability to a changing economic landscape
  • 57. Neighborhood Phasing
  • 58. Open Space Connectivity
  • 59. • Municipality embraces benefits of placemaking, flexibility and the need to respond to market diversity • Support of adjacent neighborhoods . • 100% Municipal staff support • Unanimous Planning Commission and City Council approval • Vested term extended significantly
  • 60. • Tell the story / Create the vision • Meet with planning / agencies / understand local politics of new development • Meet with the community. Document plans early. Prevent misinformation, eliminate misperceptions • Maintain communication throughout the process
  • 61. The Retreat at Windermere Apartments Windermere, Florida
  • 62. The Retreat at Windermere Apartments Project Background: • Primary Development Zone: Horizon West (23,000 acres), Development of Regional Impact (DRI) for Florida (approval for 40,282 units and 9,230,000 SF Commercial) • Secondary Development Zone: Bridgewater Village (4,022 acres,10,450 units approved) • Tertiary Development Zone: Summerport Village Center (196 acres, 330 units approved + ALF) * Information taken form the Horizon West Retrospective 2012, by the Orange County Government, Florida
  • 63. The Retreat at Windermere Apartments Horizon West Demographics: • Average Age: Early 30’s, w/ children under 10 • Median Income: $73,000 (highest in Orange County, FL) • Multi-family Apartments account for 11% of the 5,800 units in the DRI through 2010
  • 64. The Retreat at Windermere Apartments Project Profile: • Distressed Land Deal • Phased development (Phase 1 approved 11/2011, Phase 2 - Plan change requested) • 330 Units, Mixed-use, Multi-family Development for a National Developer • Retail • Assisted Living Facility
  • 65. Original Commercial Location Main Arterial The Retreat at Windermere Apartments Proposed Commercial Location ALF Publix
  • 66. The Retreat at Windermere Apartments
  • 67. The Retreat at Windermere Apartments Challenges Existing State Approvals Neighbors Social Media County Commission
  • 68. The Retreat at Windermere Apartments In 2011, Governor Rick Scott signed the Community Development Act • It relaxed the planning standards for large scale development and promotes creative development. • Makes the development process part of the local jurisdiction’s oversight. • The law made it more PROFITABLE for large landowners to develop on a smaller scale, rather than go through the state review process. • It involves the entire community in an effort to understand all the options and decide, together, how WE want to grow, years in advance of development.
  • 69. The Retreat at Windermere Apartments Phase 1 approved Nov. 2011 Final plans submitted for approval Community Mtg. #1 w/ Commisioner Community Mtg. #3 w/ Commisioner Aug. 2012 Sept. 2012 Oct. 2012 Nov. 2012 Phase 2 approved Mar. 2013 Apr. 2013 Construction Phase 2 Jun. 2013 Construction Phase 1 Community Mtg. w/o Developer Community Mtg. #2 Phase 2 Submitted for Approval Community Mtg. #4 (Atty to Atty) Phase 1 Occupancy Town Hall Mtg. by County
  • 70. The Retreat at Windermere Apartments
  • 71. The Retreat at Windermere Apartments
  • 72. The Retreat at Windermere Apartments
  • 73. The Retreat at Windermere Apartments
  • 74. The Retreat at Windermere Apartments Radically Change?
  • 75. The Retreat at Windermere Apartments
  • 76. The Retreat at Windermere Apartments Radically Change?
  • 77. The Retreat at Windermere Apartments Negative Impact?
  • 78. The Retreat at Windermere Apartments Owners treated with such disregard
  • 79. The Retreat at Windermere Apartments
  • 80. The Retreat at Windermere Apartments Led in the wrong direction
  • 81. The Retreat at Windermere Apartments
  • 82. The Retreat at Windermere Apartments Strategy
  • 83. The Retreat at Windermere Apartments 1st Community Meeting: Outcome: The Civil Engineer presented (60 residents in attendance) Came off as too forceful, plan changes imposed 2nd Community Meeting: Outcome: The Developer presented (250 residents in attendance) Additional plan changes and start of initial commitments 3rd Community Meeting: Outcome: Developer presented to Elected HOA Officials in small meetings Finalized core plan concept and started development agreement 4th Meeting: Outcome: Developer Attorney, County, Attorney, & HOA Attorney Worked out Community Development Agreement (COMMITMENTS!) County Commission Meeting
  • 84. The Retreat at Windermere Apartments End Result
  • 85. The Retreat at Windermere Apartments Resident Commitments: Site Commitments: Community Park (Dog Park, Play Area, Social Areas, Green Space) Closure of Access to Townhome Development Multi-Purpose Field Increased Buffers Connected Paths (Walking & Biking) Additional Commercial Space (Lakeside) Privately Owned Land Dedicated To Community Enhanced Facades Lakeside Outparcels
  • 86. The Retreat at Windermere Apartments
  • 87. The Retreat at Windermere Apartments
  • 88. The Retreat at Windermere Apartments
  • 89. The Retreat at Windermere Apartments
  • 90. The Retreat at Windermere Apartments
  • 91. The Retreat at Windermere Apartments OUTCOMES: • Never underestimate the power of the people – NIMBIES or concerned neighbors? • Do your due diligence with the local groups, have a plan of action. • Social Media outlets can be a strong voice within the community.
  • 92. Speaker Contacts: Phil Stuepfert HR Green Chris Grady KEPHART Head Shot Head Shot 630.553.7560 510 Prairie Point Dr. Yorkville, IL 60560 303.832.4474 2555 Walnut Street Denver, CO 80205 Ken Linehan, AIA Fugleberg Koch, PLLC Head Shot 407.629.0595 2555 Temple Trail Winter Park, FL 32789 @KENLarch
  • 93. View the latest issue of Best in American Living at www.bestinamericanliving.com
  • 94. 2013 BALA Community of the Year Concord Riverwalk 2014 BALA AWARDS CALL FOR ENTRIES BEGINS JUNE 1ST