1. Achieve Success at the Zoning Table FEBRUARY 4, 2014 | 10 11 AMPresenter(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 AIAmembers 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 LittletonSITE ITE S 9. Vicinity Map ParkExisting SFDConocoGardens at Columbine Assisted LivingSITE +/- 16 Ac. Existing Commercial ZoningExisting 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 viability1 Mile 13. Rezoning Justification :: Changing Conditions 14. Changing Conditions Neighborhood Retailstruggling 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$12,957,832Total Jobs Supported Spending Power Jobs Supported334 $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 PowerDirect Jobs Supported Total Economic Contribution Total Jobs Supported662,404 $8,000,503,408213,195 $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 mailedNeighborhood Meetings January 31 April 14 July 9Door to Door Outreach Website 1,400+ Different VisitorsOutcome 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 SpacesDog Run 21. Amenity Areas :: CharacterClubhouse 22. Amenity Areas :: Character 23. Conceptual Architecture ProposedAdjacent 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 TowersvCome for the Lifestyle . . . Stay for a LifetimeWinter 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 TowersChallenges 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 RequirementsAdjacent 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 TowersWhat Was Done Right? 35. Loch Berry at Winter Park TowersTIMELINE:6 Years? 36. Loch Berry at Winter Park Towers Jan Neighborhood Meeting(s)Jun - Original SubmittalNov P & Z ApprovalOct P & Z Nov P & Z2006Dec Commission ApprovalOct Meeting w/ HOA200720082009201020112012Construction Dec Revised P & Z Submittal Nov Charrette Review by HOANov New Plan Submitted Jun Attorney HiredOct Charrette w/ NeighborsFeb New Comp Plan ApprovedNov Project Occupancy 37. Loch Berry at Winter Park Towers Compromises: Smaller Garage, 425 to 384 spacesLoss of Existing HomesMoved Garage Interior Of SiteDecreased Height on Lakefront FacadeWPT Residents Gave Up Open SpaceIncreased Lakefront Setback from 110 to 135Additional Costs Due To Retention & TopographyRe-align Main Entrance Development Agreement w/ City 38. Loch Berry at Winter Park TowersHave A Connected Land-use Attorney As Part Of The Team To Appease The City CouncilCoordinated Multiple, Low-tech, Down and Dirty Community MeetingsAll Exhibits Portrayed An Accurate Description Of The Built Project 39. Loch Berry at Winter Park Towers Total Site SectionEnlarged Section 40. Loch Berry at Winter Park Towers 41. Loch Berry at Winter Park TowersNew BuildingBefore ConstructionAfter Construction 42. Loch Berry at Winter Park Towers 43. Loch Berry at Winter Park TowersOUTCOMES: 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, etcneed 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 FarmsThat was then Approved Plan (2000) 47. Bromley FarmsThe previous plan 48. The idea of COMMUNITY is about QUALITY of lifeand its 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 MakingFirst 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 EverSingles (young, divorced, etc.) Childless couples Traditional familiesFirst-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. Weve Considered a NotSoBig 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 PlanningTwo Single Family HomesOne Tri-PlexFlexibility 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 ApartmentsWindermere, 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 30s, 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 LocationMain ArterialThe Retreat at Windermere ApartmentsProposed Commercial LocationALF Publix 66. The Retreat at Windermere Apartments 67. The Retreat at Windermere ApartmentsChallenges Existing State Approvals Neighbors Social Media County Commission 68. The Retreat at Windermere ApartmentsIn 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 jurisdictions 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 approvedNov. 2011Final plans submitted for approvalCommunity Mtg. #1 w/ Commisioner Community Mtg. #3 w/ CommisionerAug. 2012Sept. 2012Oct. 2012Nov. 2012Phase 2 approvedMar. 2013Apr. 2013Construction Phase 2Jun. 2013Construction Phase 1Community Mtg. w/o DeveloperCommunity Mtg. #2 Phase 2 Submitted for ApprovalCommunity 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 ApartmentsRadically Change? 75. The Retreat at Windermere Apartments 76. The Retreat at Windermere ApartmentsRadically Change? 77. The Retreat at Windermere ApartmentsNegative Impact? 78. The Retreat at Windermere Apartments Owners treated with such disregard 79. The Retreat at Windermere Apartments 80. The Retreat at Windermere ApartmentsLed in the wrong direction 81. The Retreat at Windermere Apartments 82. The Retreat at Windermere ApartmentsStrategy 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 imposed2nd Community Meeting:Outcome:The Developer presented (250 residents in attendance)Additional plan changes and start of initial commitments3rd Community Meeting:Outcome:Developer presented to Elected HOA Officials in small meetingsFinalized core plan concept and started development agreement4th Meeting:Outcome:Developer Attorney, County, Attorney, & HOA AttorneyWorked out Community Development Agreement (COMMITMENTS!)County Commission Meeting 84. The Retreat at Windermere ApartmentsEnd 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 DevelopmentMulti-Purpose FieldIncreased BuffersConnected Paths (Walking & Biking)Additional Commercial Space (Lakeside)Privately Owned Land Dedicated To CommunityEnhanced 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 ApartmentsOUTCOMES: 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 GreenChris Grady KEPHARTHead ShotHead Shot630.553.7560 510 Prairie Point Dr. Yorkville, IL 60560303.832.4474 2555 Walnut Street Denver, CO 80205Ken Linehan, AIA Fugleberg Koch, PLLCHead Shot407.629.0595 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 Riverwalk2014 BALA AWARDS CALL FOR ENTRIES BEGINS JUNE 1ST