The developer faced challenges in getting approval for phase 2 of a 330-unit apartment development due to opposition from neighbors and the county commission. They held multiple community meetings with increasing attendance to present the project, address concerns, and make commitments and plan changes. This included meetings with just residents, residents and the commissioner, and finally one-on-one meetings with HOA officials. Through an iterative process of incorporating feedback and making compromises, they were ultimately able to gain approval while treating opposition with respect.

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

51. 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.

52. 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

53. Ideal Community Life :: The Vision Plan

56. 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

58. • 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

59. 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

60. 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

61. Neighborhood Phasing

62. Open Space Connectivity

71. • 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

72. • 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

73. The Retreat at Windermere Apartments
Windermere, Florida

74. 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

75. 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

76. 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

77. Original
Commercial
Location
Main Arterial
The Retreat at Windermere Apartments
Proposed
Commercial
Location
ALF
Publix

78. The Retreat at Windermere Apartments

79. The Retreat at Windermere Apartments
Challenges
Existing State Approvals
Neighbors
Social Media
County Commission

80. 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.

81. 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

82. The Retreat at Windermere Apartments

83. The Retreat at Windermere Apartments

84. The Retreat at Windermere Apartments

85. The Retreat at Windermere Apartments

86. The Retreat at Windermere Apartments
Radically Change?

87. The Retreat at Windermere Apartments

88. The Retreat at Windermere Apartments
Radically
Change?

89. The Retreat at Windermere Apartments
Negative
Impact?

90. The Retreat at Windermere Apartments
Owners treated with
such disregard

91. The Retreat at Windermere Apartments

92. The Retreat at Windermere Apartments
Led in the wrong direction

93. The Retreat at Windermere Apartments

94. The Retreat at Windermere Apartments
Strategy

95. 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

96. The Retreat at Windermere Apartments
End Result

97. 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

98. The Retreat at Windermere Apartments

99. The Retreat at Windermere Apartments

100. The Retreat at Windermere Apartments

101. The Retreat at Windermere Apartments

102. The Retreat at Windermere Apartments

103. 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.

104. 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

106. View the latest issue of Best in American Living at
www.bestinamericanliving.com

107. 2013 BALA Community of the Year
Concord Riverwalk
2014 BALA AWARDS CALL FOR ENTRIES BEGINS JUNE 1ST