Technical Assistance Panel Stone Mountain West Condominium February 2010

Transcription

1 Technical Assistance Panel February 2010 Prepared fr: City f Stne Muntain 922 Main Street Stne Muntain, GA Prepared by: 300 Galleria Parkway, SE Suite 100 Atlanta, GA

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3 Abut ULI Atlanta A District Cuncil f the Urban Land Institute With ver 1,000 members thrughut the Metrplitan Atlanta area, ULI Atlanta is ne f the largest District Cuncils f the Urban Land Institute (ULI). We bring tgether leaders frm acrss the fields f real estate and land use plicy t exchange best practices and serve cmmunity needs. We share knwledge thrugh educatin, applied research, publishing, and electrnic media. ULI Missin: The missin f the Urban Land Institute is t prvide leadership in the respnsible use f land and in creating and sustaining thriving cmmunities wrldwide. Abut the Technical Assistance Panel (TAP) Prgram Since 1947, the Urban Land Institute has harnessed the technical expertise f its members t help cmmunities slve difficult land use, develpment, and redevelpment challenges. ULI Atlanta brught this same mdel f technical assistance t the Metrplitan Atlanta area. Lcal ULI members vlunteer their time t serve n panels. In return, they are prvided with a unique pprtunity t share their skills and experience t imprve their cmmunity. Thrugh Technical Assistance Panels (TAPs), ULI Atlanta is able t enhance cmmunity leadership, clarify cmmunity needs and assets, and advance land use plicies that expand ecnmic pprtunity and maximize market ptential. ULI Atlanta TAPs Cmmittee Members Rnnie Davis, C Chair Sarah Kirsch, C Chair Stephen Arms Bb Begle Jan Bzeman Cnstance Callahan Jhn Cheek Charles Feder Chris Hall Try Landry Rbert Newcmer Sabina Rahaman Janae Sinclair Amy Swick Mnte Wilsn Rnnie Davis, Chair f ULI Atlanta TAPs Cmmittee gives pening remarks.

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5 TABLE OF CONTENTS SPONSOR ACKNOWLEDGMENTS... 2 PANEL AND PROJECT STAFF... 2 EXECUTIVE SUMMARY... 4 BACKGROUND... 6 OBSERVATIONS & FINDINGS... 8 RECOMMENDED NEXT STEPS...22 PANELIST INFORMATION...24 THE EXPERIENCE PHOTO GALLERY... 28

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7 ACKNOWLEDGMENTS ULI Atlanta wuld like t thank the City f Stne Muntain, Gergia and the Dwntwn Develpment Authrity f the City f Stne Muntain, Gergia fr their spnsrship f the Stne Muntain West Technical Assistance Panel. The Panel wuld als like t thank Gary Peet fr his hard wrk in initiating the Panel, preparing the briefing materials, and wrking with stakehlders, which significantly cntributed t the success f the Panel. The Panel is als grateful t have the benefit f input frm the many stakehlders and residents wh attended the sessin, including: Gary Peet, Fred Yung, Erin Bailey, Chakira Jhnsn, Jhn Oselette, James P. Curran, Laura Keyes, Al Capgrssi, Susan Cletti, Sarah Babb, Pat Wheeler, Richard Mailman, Barry Ams, Nan Nash, Aarn Garne, Fr. Paul Ellitt, Bbbie Unger, Rnnie Spain, Ted Meeker, Steve Higgins, Jel S. Bykin, Jr., Marla Bexley Lvell, Mrgan Wheeler, and Valerie Grigley. The panel wuld als like t thank Stne Muntain Park fr the use f their meeting space and the assistance f their staff in setting up the rm & the AV equipment. PANEL & PROJECT STAFF ULI Atlanta wuld like t thank the Panelists, Mderatrs, and TAP Cmmittee members fr their time, energy, and passin fr ULI. SPONSOR ATTENDEES: Gary Peet Immediate Past Mayr, City f Stne Muntain Pat Wheeler Mayr, City f Stne Muntain Chakira Jhnsn Mayr Pr Tem, City f Stne Muntain Barry Ams City Manager, City f Stne Muntain Ted Meeker Special Cunsel, City f Stne Muntain PANEL MEMBERS: Stephen Arms Marthasville Develpment, LLC David A. Herrigel, Esq. Hyatt & Stubblefield, P.C. Bb Begle Urban Cllage, Inc. Lynn Gavin, Esq. The Gavin Law Firm Ray Strychalski Urban Resurce Grup Kimley Hrn & Assciates Kyle Williams, Esq. The Blm Law Firm Chris Kacena, AIA Kacena Design Denis Pellerin Pellerin & Salmn Real Estate David Haddw Haddw & Cmpany MODERATORS: Janet L. Bzeman, Esq. Hyatt & Stubblefield, P.C. Try Landry, ASLA, LEED AP Landry Design Assc. Gary Peet, Frmer Mayr f Stne Muntain Page 2

8 Frnt Rw: Pat Wheeler (Mayr), Gary Peet (frmer Mayr), Denis Pellerin, Jan Bzeman, Lynn Gavin, Kyle Williams Back Rw: David Haddw, Try Landry, David Herrigel, Chris Kacena, Bb Begle, Ray Strychalski. Nt pictured: Stephen Arms. Page 3

9 EXECUTIVE SUMMARY The primary bjective f the TAP was t prvide the City f Stne Muntain ("City") and the Dwntwn Develpment Authrity f the City f Stne Muntain ("DDA") with guidance and directin fr revitalizatin and redevelpment f the site. A panel f experts in the areas f legal, market analysis, brkerage/assemblage, land planning, public finance, engineering, cnstructin and develpment, and cndminium law facilitated the prductin f a strategic plan. The Panel discussin fcused n redevelpment issues specific t Stne Muntain West. Hwever, the prblems at Stne Muntain West are nt unique in the metrplitan Atlanta area. A successfully implemented rescue plan culd serve as a mdel fr ther jurisdictins facing the same prblems with failed cndminium sites. The Panel recmmended that further study f redevelpment ptins be cnducted and a redevelpment plan frmulated if the City and/r the DDA are interested in pursuing redevelpment further. This study wuld include analyzing the cst and time invlved t acquire the land, market demand in terms f type f prduct and price pint, feasibility and practicality f redevelpment, and the availability f financing fr redevelpment. Until these issues are prperly analyzed, any plan fr redevelpment f the site will be purely cnjecture. A physical needs assessment ("PNA"), updated title reprt, market analysis, and appraisal shuld all be cmmissined. These reprts will nt nly determine current value f the prperty, but will als determine the highest and best use f the use f site. The City and/r the DDA needs t determine its level f interest and invlvement in the Prject. The City may be able t use its pwers f eminent dmain t acquire the land and then partner with a private develper t undertake the redevelpment. Or, the City r the DDA culd simply prvide assistance t a private develper. If the City des nt use cndemnatin t assemble all r part f the prperty interests fr redevelpment, a private develper culd d the assemblage itself and prceed with redevelpment if a substantial number f the current wners are willing t sell at a price that des nt exceed the land acquisitin cst ceiling established as part f the redevelpment plan. The current market cnditins and general ecnmic malaise makes the likelihd f a private develper assembling this prperty at prices that wuld make sense nw very unlikely. It is widely assumed that it may be 3 t 5 years befre the ecnmy can supprt new develpment r redevelpment f this prperty purely with private funds. A high discunt factr n future values wuld likely drive the value f the prperty belw what it will take t acquire it thrugh private negtiatins. The Prject site shuld be cnsidered as ptentially three different areas due t tpgraphical features and physical layut. These differences culd lead t three separate uses f the land and, cnsequently, three separate develpers. While the highest and best use f the prperty will nt be knwn until the apprpriate studies are cnducted, a single family prduct f either small detached huses r attached cttages may be an apprpriate use, particularly adjacent t existing single family areas. Higher density husing culd be apprpriate frnting Memrial Drive. This kind f husing design culd be made attractive t several different types f end users senirs, small families, and entry level husing. Due t the lcatin f the prperty and prximity t ther cmmercial areas, cmmercial use r mixed use is nt likely t be the best use f the prperty. Page 4

10 Senir husing is a use that has been urged by sme members f the cmmunity. Generally speaking, the site tpgraphy is nt cnducive t husing fr elderly r frail persns (unless develped in an elevatr type f cnstructin). Tw areas f the Prject culd ptentially supprt senir friendly husing n a single level. One area culd ptentially supprt assisted living husing. Nne f the existing structures will supprt senir husing, s demlitin wuld be required. A market analysis will help determine whether senir husing is a viable ptin. The best use f the middle sectin f the prperty may be t renvate the existing structures due t current building setback requirements arund the stream. The highest and best use f the prperty may nt be the quickest redevelpment f the site. The studies cmmissined shuld set a timetable fr different land uses s that this is part f the decisinmaking prcess fr the City. The City will ultimately need t establish sme pririties and balance cmpeting interests. Fr example, the higher the redevelpment csts, the higher the unit density needed t ffset csts. While the Prject currently has 142 units, the prperty is zned fr 200 units; this additinal density may be needed t ffset csts. Once the City makes a decisin abut the best use f the prperty, the Panel recmmended that the City issue requests fr prpsals frm private develpers and thers wh might be interested in undertaking redevelpment f the Prject. A private party wuld nt nly prvide its wn financing, but it culd bring creative slutins t the table fr slving the Prject's prblems. If a private develper is nt interested in undertaking the redevelpment entirely n its wn, the City r the DDA might cnsider a public private partnership. There are funding mechanisms, such as the issuance f bnds, available t the City and/r the DDA if either entity desires t finance the redevelpment. Depending n the ultimate use f the prperty, the issuance f bnds thrugh the Husing Authrity f DeKalb Cunty may be cnsidered as well. Hwever, many f the ptins wuld be difficult t pursue, because f the depressed state f the current bnd market. In additin, the City des nt have a bnd rating. Fr this reasn, the Panel recmmended that the City investigate funding ptins thrugh lcal banks wh might be willing t prvide supprt fr the lcal cmmunity and ther gvernment agencies, such as the Gergia Department f Cmmunity Affairs. The Panel recmmended that the City and/r the DDA have a cmplete redevelpment plan frmulated and be cmmitted t fllwing the prject thrugh t cmpletin f redevelpment befre acquiring any prperty interest in the Prject. This means that the City and/r the DDA needs t have the funding in place t cmplete acquisitin, either thrugh a sale t a private develper r thrugh public r private financing, befre cmpleting the acquisitin f any prperty interest (whether thrugh a private sale r cndemnatin). Finally, the Panel recmmended that the City nt wait t pursue building cde vilatins until a redevelpment plan is frmulated. The City shuld prceed immediately with pursuing thse vilatins fr reasns independent f a desire fr redevelpment f the Prject. The City shuld prceed under the assumptin that it may have t cndemn sme r all f the prperty. The City shuld als frmulate tw strategies fr dealing with building cde vilatins ne strategy fr use if the City des nt pursue redevelpment (such as tearing dwn vilating structures withut acquiring the land) and ne strategy fr use if redevelpment is pursued (where vilatins wuld be addressed as part f the redevelpment). Page 5

11 BACKGROUND CITY OF STONE MOUNTAIN PROFILE The City f Stne Muntain is lcated 16 miles east f dwntwn Atlanta and brders the west side f Stne Muntain Park. The City is accessible t metrplitan Atlanta frm the Stne Muntain Freeway/Highway 78 crridr and is primarily a bedrm cmmunity. With 7,145 residents n 1.6 square miles, the City is ne f the mst densely ppulated cmmunities in the Atlanta metrplitan regin. Current business cnditins are depressed due t the general ecnmy but als due t the substandard cnditins f buildings and infrastructure in the cmmercial district. In 2003, a Livable Centers Initiative Plan was cmpleted that includes three phases f public investment in the cmmercial district's infrastructure. Phase I is a $1.6 millin Main Street streetscape prject that started cnstructin in January Phase II is a $1.7 millin cntinuatin f Phase I that is in the design stage and prgrammed fr cnstructin in A $2.4 millin imprvement t the intersectin lcated at the entrance t the City frm Highway 78 is planned fr cnstructin in The Prject site is within walking distance f the dwntwn cmmercial district and Stne Muntain Elementary. PROJECT OVERVIEW The is lcated n a 12.3 acre site in the City f Muntain near the west gate entrance t Stne Muntain Park. The Prject site cvers three tracts f land divided by a stream and ravine and by Rankin Street, a public street. Originally cnstructed in 1971 as 142 twnhme apartments, the Prject was cnverted t a cndminium in The site cntains 16 buildings, a clubhuse, and pl. The cndminium develper/cnverter failed t make the structural imprvements and mdificatins necessary t cmplete the cnversin f the prject t a cndminium. The prperty has als been prly maintained, and cnditins cntinue t decline. Litigatin was cmmenced by the cndminium assciatin against the cndminium develper, and the City intervened t enfrce the building cde vilatins. The Superir Curt f DeKalb Cunty apprved a cnsent agreement in 2007 between the cndminium assciatin and the City, which required the cndminium assciatin t undertake remediatin f building cde vilatins, including, but nt limited t, installing firewall separatins in the attic space between units, upgrading t Class "C" rf shingles, installing a submetered water system, and installing a cmpactr fr slid waste management. The cndminium assciatin, unfrtunately, has nt been able t satisfy its bligatins under the cnsent agreement. Due t the building cde vilatins, nly 20 units presently have certificates f ccupancy, and these are at risk f being revked since the assciatin is in default f its remediatin requirements. The assciatin was placed in receivership in The curt appinted receiver reprted in February, 2010 that nly 10 unit wners are current in their assessments t the assciatin. Nt nly des the assciatin lack the means t undertake the remediatin wrk, but the assciatin has accrued substantial debts ttaling almst $200,000. The largest creditr is the DeKalb Cunty Page 6

12 Department f Water and Sewer, which is due mre than $140,000. The assciatin als has liens n the cndminium units fr unpaid assessments, ttaling mre than $0.5 millin. When the units were first sld as cndminium units, the average price was $165,000. The latest sales prices have been between $10,000 and $25,000. Nearly all f the units have been freclsed upn at least nce since being cnverted t individually wned prperties in Mst f the units currently appear t be wned by investrs rather than wner ccupants. Current cnditins f the site are negatively impacting the surrunding neighbrhds and are a majr impediment t develpment and revitalizatin f the area. TAP PANEL OBJECTIVES Discuss strategies fr land acquisitin, including negtiating a purchase f the prperty with existing wners and/r the assciatin receiver and eminent dmain. Develp preliminary ptins fr best use f the land with a view tward making the use cnsistent with the City's Livable Centers Initiative. The Panel was als asked t discuss the feasibility/practicality f utilizing existing structures versus a cmplete demlitin. Discuss strategies fr mving frward t redevelp the prperty and finance the redevelpment. Page 7

13 OBSERVATIONS AND FINDINGS CONDUCT ADDITIONAL RESEARCH AND ANALYSIS An evaluatin f the feasibility and practicality f site redevelpment includes analyzing the cst and time invlved t acquire the land, market demand in terms f type f prduct and price pint, feasibility and practicality f redevelpment, and the availability f financing fr redevelpment. Substantial additinal research and analysis needs t be cnducted befre a redevelpment plan can adequately be frmulated. This includes: Physical Needs Assessment. A physical needs assessment ("PNA") shuld evaluate site cnditins, cde vilatins, utility infrastructure, age f the structures, building materials, envirnmental cnditins, and zning and building cde requirements fr new cnstructin. This will help determine a practical use f the prperty and the feasibility f rehabilitatin. Fr example, several buildings at the Prject d nt meet the current stream buffer setback requirements. If these buildings are trn dwn, unit density may be lst unless a multi stry building is lcated smewhere n the Prject. In additin, txic mld has been reprted in a number f units. Mld remediatin culd be relatively inexpensive r cst prhibitive. Title Reprt. A updated title reprt identifying the names and addresses f all current unit wners, as well as any liens n their units, will give a ptential purchaser a better idea f the wners they must wrk with. Market Analysis. An updated market analysis shuld be btained t identify the needs f the cmmunity. Rev. Ellitt f St. Michael's Episcpal Church, acrss the street frm the Prject, indicated that there was a need in the cmmunity fr affrdable retirement and/r assisted living husing. Others pine that the City needs mre up scale husing. The Livable Centers Initiative Plan indicates an ver abundance f affrdable husing. The attractiveness f the Prject being lcated acrss the street frm an elementary schl and immediately adjacent t Stne Muntain Park shuld als be cnsidered. Appraisal. An appraisal shuld be cmmissined t appraise the prperty in an "as is" cnditin, with all issues knwn. Ultimately, the cst t acquire the land and the cst f redevelpment plus a prfit margin must nt exceed what the market will bear. An ff the cuff, rugh estimate f redevelpment csts and market ptential indicates that a develper may nt want t invest mre than $10,000 t $20,000 per unit in land acquisitin csts r else redevelpment csts culd exceed sales ptential. A develper prbably cannt affrd t spend mre than ne third f its ttal land develpment csts in acquisitin f raw land. Page 8

14 PURSUE BUILDING CODE VIOLATIONS The Panel recmmended that the City pursue and prsecute building cde vilatins existing n the Prject with all deliberate speed. The cndminium assciatin and/r the receiver appear t be incapable f remediating the prblems. Building cnditins will nly cntinue t deterirate and culd pse a risk t surrunding prperties. Fr example, if the Prject swimming pl is nt maintained, it culd becme a breeding grund fr msquites. Pursuing the building cde vilatins and rigrusly dcumenting the file regarding safety cncerns, crime, and ther vilatins will aid the City if it decides t exercise its eminent dmain pwers t acquire the prperty at any pint in the future. Prsecuting vilatins and/r exercising eminent dmain can be an unppular remedy, but the City may nt have a chice if the cde vilatins are nt cured. PROJECT ACQUSITION STRATEGIES The fllwing is a summary f varius methds that culd be used by a private develper r the City t acquire the land. Private Optins. These ptins culd be taken by the City r by a private develper, independently r in cnjunctin with the City thrugh a public/private partnership. The mst efficient way t redevelp the Prject is t acquire all f the interests in the land. This wuld invlve making an attractive ffer t the existing unit wners. Hwever, there is always a ptential fr smene t hld ut in an effrt t btain mre than fair market value. There are ther ptins fr prceeding with less than cmplete wnership f the Prject. Remediate Building Cnditins by Taking Cntrl f the Prject with the Purchase f at Least a Majrity f the Units and/r Private Freclsure. A develper culd make purchase ffers t individual unit wners t see hw many it can purchase with little r negtiatin. If a majrity f the units are wned by a develper, it can cntrl the cndminium assciatin and peratins and use this pwer t frce remediatin f building cnditins. The develper culd enter int ptin cntracts with unit wners, with the purchase being cntingent upn the develper being able t acquire at least a majrity f the units. The key is t educate the wners as t the value f their units and their future liabilities. Owners need t understand that the price ffered is the best they can d withut an utlay f additinal mney t remediate the cde vilatins. Faced with a pssible special assessment fr remediatin csts f perhaps tens f thusands f dllars per unit, many wners may be lking fr a way ut. One prblem is that the units may nly be wrth $10,000 t $20,000 but sme wners may have paid mre than $100,000; these wners may be unwilling t take such a big lss unless their mrtgage gets invlved t permit a shrt sale that wuld allw the unit wner t walk away withut Page 9

15 additinal liability. A gd, aggressive realtr wuld be a valuable asset t the purchaser in acting as a g between with the seller. A special assessment can be levied by the assciatin against all units t cver the remediatin csts. A lien will be placed n each unit that des nt pay the special assessment. The cndminium assciatin can freclse its lien, subject t any existing mrtgage and higher ranking liens. After remediatin is cmpleted, unit value shuld hpefully be restred, and the assciatin culd sell any units that it has acquired by freclsure. In rder fr the assciatin t at least break even, the assciatin needs t be able t sell the units it wns at a price that is equal t r exceeds any liens remaining n the unit (mrtgage and liens with pririty ver the assciatin's lien) plus the unit's share f the remediatin csts. This methd will allw the building cnditins t be remediated, but it will nt permit structures t be trn dwn (withut rebuilding t substantially the same design) r the prperty t therwise be redevelped t a different use withut additinal cntrl f the prperty. The develper will need t fund the shrtfall in remediatin csts cllected frm unit wners until the assciatin is able t repay these csts frm funds it btains frm the sale f units it wns. Redevelp Prject With Cnsent f at Least 80% f the Unit Owners and their Mrtgagees. If the develper wns r btains the cnsent f at least 80% f the unit wners and their mrtgage cmpanies and such ther apprvals as may be required under the cndminium dcuments, it can redevelp the prperty, terminate the cndminium, and/r tear dwn structures. Under cndminium law, a unit wner wns his r her unit as well as an undivided interest in the cmmn elements (the land and structures utside f the unit). A unit wner cannt be divested f its interest in the unit r the cmmn elements except thrugh freclsure r eminent dmain (discussed belw). If the cndminium regime is terminated, each unit wner is left with an undivided interest in the entire parcel f land. It is pssible fr the develper t mve frward with redevelpment if it wns r cntrls 80% f the units. Thse wners that d nt sell wuld end up being minrity partners with the develper in the redevelpment. It wuld be best t reach an agreement with the minrity partners as t respnsibility fr csts and the sharing f prfits t avid future disputes. Page 10

16 Public Optin: Eminent Dmain/Cndemnatin. The City can acquire the Prject by exercising its pwers f eminent dmain if the Prject is deemed t be "blighted." At least tw ut f six statutry cnditins must be met fr "blight" t exist, which can include the fllwing cnditins: Uninhabitable, unsafe, r abandned structures. If certificates f ccupancy are revked, the prperty is rendered uninhabitable. If the prperty is nt up t building cde, it culd be cnsidered unsafe; Inadequate prvisins fr sanitatin; Repeated illegal activity that is knwn r shuld be knwn t the prperty wner. The City shuld start dcumenting any evidence f crime n r emanating frm the Prject; and Maintenance f prperty belw building cdes fr mre than ne year after ntice f vilatin. This is why it is imprtant that ntices f cde vilatins be sent t all units if nt already dne. In additin, the prperty must als be "cnducive t ill health, transmissin f disease, infant mrtality r crime in the immediate prximity f the prperty." This is als why it is imprtant t dcument any crime in the area and ther cnditins that culd cause ill health effects n the surrunding area, such as allwing the swimming pl t becme a breeding grund fr msquites. Each prperty t be cndemned has t be "blighted," meaning that dcumentatin shuld shw that every unit in the Prject as well as the cmmn elements are cntributing t the blighted cnditin. Prcedure fr Eminent Dmain. a. Acquisitin Negtiatins Obtain appraisal f fair market value Establish just cmpensatin amunt Make written purchase ffer at r greater than appraised fair market value. The ffer shuld include a descriptin f the cde vilatins. If the wner accepts the ffer, then eminent dmain prceedings d nt have t be pursued Tender cmpensatin t prperty wner r tender t Superir Curt. City needs t have acquisitin funds lined up t pay fr the prperty Allw 90 days t vacate frm written ntice Page 11

17 b. Cndemnatin Reslutin City Cuncil adpts a Reslutin "specifically and cnspicuusly" identifying each prperty t be cndemned and the "blighted" cnditins existing Pst a sign in the right f way adjacent t each prperty advertising a public meeting Persnally serve each prperty wner with ntice f the meeting Advertise the meeting in The Champin Newspaper Cnduct the public meeting after 6:00 p.m. Vte by City Cuncil at the meeting t exercise eminent dmain by an up r dwn vte c. Lawsuit File a petitin with Superir Curt 30 days after passage f Reslutin unless the Reslutin identifies an emergency A Special Master is appinted (three assessrs fr in rem actins) t determine the price t be paid by the City t each prperty wner Additinal Cnsideratins If the City abandns cndemnatin prceedings, it has t pay attrneys' fees and expenses t the prperty wners. If substantial, gd faith effrts t remedy the blight are nt begun within five years, the prperty reverts back t the previus wners. There is a prvisin in the statute that prvides that when eminent dmain is used fr public use purpses (such as rad building), the prperty must be used fr such public purpses fr 20 years befre it can be cnverted t anther use. It is nt clear hw r whether this prvisin wuld apply t private use land. If it applies, a cvenant culd be placed n the land requiring that it remain residential fr 20 years. If the City exercises eminent dmain and then turns arund and sells the Prject t a private develper, the sale cntract wuld need t require that the develper remedy the blight within a certain perid f time. Page 12

18 PLANNING AND LAND USE Site Cnditins The Prject is divided by Rankin Street (public street), with units n bth sides f the street. The west side f the Prject is further divided by a natural ravine. Fr purpses f the planning discussin, the prperty was discussed as three ptential redevelpment parcels Sectin "A" is the prperty n the East side f Rankin Street, Sectin "B" is the prperty Nrth f the ravine n the West side f the street, and Sectin "C" is the prperty Suth f the ravine n the West side f the street, as shwn n the next page. At present, the prperty cntains: Sectin "A" 38 residential units, a 2,400 square ft clubhuse/ffice, and a pl Sectin "B" 22 residential units Sectin "C" 82 residential units Mst f the husing in the area is affrdable; there is nt much in the area fr middle t upper incme purchasers. Surrunding Land Uses The surrunding land uses need t be cnsidered during the design prcess fr the Prject: Nrth: St. Michael's Episcpal Church is acrss Memrial Drive frm the Prject Suth: Detached, single family residential husing West: Detached, single family residential husing and vacant land East: Detached, single family residential husing and vacant land Areas f Interest in Clse Prximity t Prject Walking distance t Stne Muntain Park via existing sidewalks. Park includes attractins, glf, lakes, hiking, biking, restaurants, ldges, and nighttime entertainment Walking distance t the City's histric dwntwn with retail, ffice, restaurants, and gvernment ffices Three miles t DeKalb Technical Cllege Campus Walking distance t Stne Muntain Elementary Schl Page 13

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20 Issues t Cnsider When Determining Best Use f the Prperty A feasibility study t determine the highest and best use f the prperty shuld be prepared. The study shuld examine the market, incme ptential, and cst analysis fr the prperty. The physical needs assessment described abve will help determine whether it is mre practical and ecnmical t tear dwn r renvate existing structures. The results f this analysis will assist in determining the best apprach fr each Sectin f the Prject. Wh is the custmer? Retirees? Yung prfessinals? What incme bracket? An active lifestyle, glf curses, etc. are sme f the things that upper middle incme custmers want befre they will purchase. Stne Muntain Park is a great selling pint, a niche market. What kind f cmpsitin and hw many purchasers can yu attract in tw t three years? Plans fr Sectins "A," "B," and "C" may need t be variatins f develpment with different price pints. It is likely that the best use fr each Sectin may nt be the same. Due t the current building setback requirements, it might nt be practical t tear dwn Sectin "B," s a develpment plan may need t accmmdate a rehabilitatin f the existing twnhmes. The highest and best use f the prperty may nt be the quickest redevelpment f the site. The study shuld set a timetable fr different land uses s that this is part f the decisin prcess fr the City. A quick fix versus a lng term slutin is smething t which the City needs t give serius thught during the early stages f the prcess. Nt mutually exclusive Partial shrt term fix fr prtins f prperty then lk at lnger term develpment fr ther prtins f the Prject The physical layut and differences in the three Sectins culd lead t three separate buyers and develpers f the prperty. A recent study by DeKalb Cunty fund that 77% f DeKalb residents wuld like t stay in DeKalb Cunty as they get lder. The study shws a dubling f this age grup by This may als shw evidence f a need fr senir husing. Page 15

21 Sectins "A" and "C" culd ptentially supprt senir friendly husing n a single level. Sectin "A" is mre suited than the ther Sectins fr assisted living husing. The tpgraphy f the site, hwever, is nt cnducive t levels f frailty and age. It is estimated that ver 1,000 peple walk dwn East Muntain Street n a warm spring day. The sidewalks alng this street are inadequate fr that kind f ft traffic. This pedestrian rute wuld need t be imprved and widened t supprt this kind f traffic and additinal traffic added by redevelpment f the Prject. The best use f prperty fr Sectin C may be a single family prduct detached small huses r attached cttages. The husing design culd be made attractive t senirs withut ruling ut ther uses, such as family riented, entry level husing. The prperty frnting Memrial Drive wuld be better suited t a higher density prduct than the ther sectins. Existing structures will nt supprt senir husing. A building with elevatrs significantly increases bth building csts and building maintenance csts. Current zning limits building height t fur stries. This may make a building with elevatrs cst prhibitive unless a zning variance is granted. A "greenhuse" mdel is a multi unit facility created arund a central kitchen, eating area, and laundry facilities. Each resident has their wn separate unit with a bedrm and living area. This is a mre affrdable mdel because the kitchen creates much f the cst f a hme. Higher density may be needed in rder t ffset the redevelpment csts. This may mean remving the pl and clubhuse in rder t make rm fr mre units. An verall gal shuld be t get clse t the current zning f 200 units +/. Land use f each sectin is largely dependent n develpment cst fr the prject. But, the imprtance f cmmunity standards, cmmunity input r desires needs t be a strng cmpnent f the verall develpment if this prject is t be successful. Best Ptential Land Use Optins fr Prject Sectin "A" Shrt Term Slutin Renvate existing buildings t sell r rent units Lng Term Slutin Page 16

22 Demlish buildings and build mid rise senir husing facility 4 stries in height Acquire vacant prperty t the east t include in prject Transitinal senir husing culd partner with St. Michael's Church fr scial activities Demlish buildings and build three t fur split apartment buildings. Can include existing renvated buildings in Sectin "B" as part f the apartment cmplex. Hwever, Livable Centers Initiative Study fund that there is an versupply f rental husing in the area, unless it is senir husing. Demlish buildings and build cttage style hmes that wuld blend architecturally with the histric hmes in the area. It culd be geared tward senir husing in partnership with St. Michael's Church. Sectin "B" Shrt Term and Lng Term Slutin Renvate existing buildings t sell r rent units Sectin "C" Shrt Term Slutin Renvate existing buildings t sell r rent units Lng Term Slutin Demlish buildings and develp tw scenaris ne fr traditinal neighbrhd develpment ("TND") and ne fr multifamily. Purchase vacant land west f this Sectin and cnnect the grid street system thrugh the prperty. Create cttage style hmes f maybe 1,000 t 1,200 s.f. Prvide small pcket park in the cmmunity. Larger park use is Stne Muntain Park. Prvide elements that create a sense f cmmunity: Page 17

23 large frnt prches cmmunity gardens cmmunity sidewalks; very walkable envirnment parallel street parking REDEVELOPMENT FINANCE OPTIONS The Panel acknwledged that it is difficult t prvide detailed infrmatin abut specific financing mechanisms until such time as the City makes a decisin abut the ultimate use f the prperty. Hwever, the Panel did prvide a general summary f varius financing ptins: Private Finance The City shuld cnsider using a request fr prpsal mechanism t the private sectr. Under such mechanism, the City wuld seek slutins frm the private sectr as t the best use f the prperty and the prpsed plan f financing. Althugh these are currently difficult ecnmic times, many private develpers, develpment cmpanies, churches and ther nn prfit rganizatins view these times as presenting unique financial pprtunities. Such entities wuld prvide their wn financing fr the prperty thrugh such mechanisms as cash reserves, private banking relatinships such as a line f credit r bank lan, r ther private financing mechanisms. In additin, utilizing a request fr prpsal mechanism shuld allw thse private individuals r entities with an interest and cncern fr the City and Stne Muntain Park t prvide private resurces t slving the current prblems at the prperty. Under such apprach, the City culd maintain its cntrl ver the ultimate use f the prperty by selectin f the mst apprpriate private prpsal fr use and financing and traditinal zning mechanisms. Public Finance The City The City may issue general bligatin bnds fr a wide variety f gvernmental purpses. Such bnds are backed by the ad valrem taxing pwer and full faith and credit f the City. General bligatin bnds cannt be issued withut the assent f a majrity f the qualified vters f the City vting in a referendum held fr that purpse. The Panel agreed that it was extremely unlikely that the City culd use such general bligatin bnds t prvide financing fr the Prject, unless it was determined that the current buildings wuld be trn dwn and the prperty be used fr a traditinal public prject, such as a public library, public schl, public park, fire statin, r the like. Hwever, bnds issued by the City may nt receive a gd credit rating since the City des nt currently have a financial rating frm any f the majr rating agencies, such as Standard and Pr s, Mdy s Investr Services r Fitch, nr has it previusly issued any general bligatin bnds. The DDA The DDA is authrized t issue revenue bnds and then lan the prceeds f such bnds t a private entity t finance certain specific prjects as defined under Gergia law. Such revenue bnds d nt require vter apprval f the City and d nt call n the full faith and Page 18

24 credit and taxing pwer f the City fr payment. Instead, such revenue bnds are payable frm revenues generated by the specific prject fr which bnds can be issued and that are pledged fr that purpse. Generally speaking, the DDA may issue revenue bnds fr any industrial, cmmercial, business, ffice, parking, public r ther use, prvided a majrity f the members f DDA determine by a duly adpted reslutin such prject is fr the essential public purpse f the develpment f trade, cmmerce, industry and emplyment pprtunities within the City s dwntwn area. Given the prximity f the prperty t Stne Muntain Park, the City shuld cnsider whether the prperty wuld be attractive t a private entity in cnnectin with prviding any desirable supprtive business services t Stne Muntain Park. Once the City makes a specific determinatin abut its desired use fr the prperty, further cnsultatin shuld be made with a public finance attrney t ascertain whether DDA revenue bnds wuld prvide an apprpriate and ecnmically feasible mechanism fr financing the desired use f the prperty with a private entity. The Panel nted that the current market fr investrs t purchase such tax exempt revenue bnds has been negatively impacted by the recessin. The Husing Authrity f DeKalb Cunty The Panel was infrmed that the City has nt created a separate husing authrity t act within the limits f the City. The City may desire t apprach the Husing Authrity f DeKalb Cunty ( HADC ) if the City shuld decide that the ultimate use f the prperty shuld be fr a multifamily rental husing prject r a senir rental husing prject. Under Gergia law, the HADC may perate within the City s limits with the City's cnsent. The HADC may issue revenue bnds fr multifamily rental husing prjects and senir rental husing prjects. In additin, such revenue bnds may be issued t finance the prjects f certain charitable rganizatins, cmmnly knwn as 501(c)(3) rganizatins under the federal tax cde, such as churches, private schls and the like. The prceeds f such revenue bnds wuld be laned t a private entity r the charitable rganizatin. There are numerus specific requirements impsed by bth state law and federal tax law as t the details f such tax exempt husing bnds. Such requirements differ as t whether the brrwer is a fr prfit develper r a nn prfit develper. There are als specific detailed rules impsed by federal tax law as t whether an assisted living facility qualifies as a residential rental husing prject. Examples f rules fr a fr prfit private develper include a multifamily residential rental husing prject must have at least 20% f the prject ccupied by persns f lw incme (as such term is defined by state law and federal tax law); be leased t the general public; be wned by the same entity and financed pursuant t a cmmn plan; have separate and cmplete facilities fr living, sleeping, cking and sanitatin (n htels), prvided, hwever, single rm ccupancy units with cmmunal prvisins fr eating, cking and sanitatin n a cmmunal basis may als cmply; 95% f the bnd Page 19

25 prceeds must be used fr capitalizable csts; acquisitin f existing prperty permitted nly if an amunt equal t 15% f the purchase price f the structures (nt land) is used fr rehabilitatin (structural upgrade r replacement f equipment and nt additins); and nt mre than 25% f the bnd prceeds may be used fr land csts. As t whether an assisted living facility qualifies as a senir residential rental husing prject, the federal tax law has fcused n the level f nursing care. Where n such nursing care is given r where such nursing care is available but nt cntinual r frequent, such prject als qualifies. Incapacitating infirmities that require cntinual assistance but d nt require cntinual r frequent nursing, medical r psychiatric services d nt disqualify the prject. In additin t the revenues generated by the prject prviding the surce fr repayment f the bnds, such bnds are backed frequently als by the develper s credit, bank letters f credit r ther frms f credit enhancement. Once a specific determinatin has been made abut the desired use fr the prperty, further cnsultatin shuld be made with a public finance attrney t ascertain whether HADC revenue bnds wuld prvide an apprpriate and ecnmically feasible mechanism fr prviding financing t a private entity fr the desired use f the prperty. As with the DDA bnds, the Panel nted that the current market fr investrs t purchase such tax exempt revenue bnds has been negatively impacted by the recessin. The Gergia Department f Cmmunity Affairs The Panel agreed that the City shuld meet with representatives f the Gergia Department f Cmmunity Affairs t explre the availability f pssible federal and state grants that culd be used t assist with the financing f the redevelpment f the prperty. Tax Allcatin Bnds The Panel was infrmed that the City has created a tax allcatin district. The prperty is nt currently in that tax allcatin district. Even if the tax allcatin district were t be redrawn t include the prperty, it appears highly unlikely that tax allcatin bnds culd be used t finance any redevelpment f the prperty under current ecnmic cnditins. In general, a tax allcatin district financing is a Gergia statutry mechanism enabling a lcal gvernmental bdy, such as the City, t use incremental tax revenues generated by a develpment prject r area t finance upfrnt infrastructure and ther permitted csts f a qualified redevelpment prject. T illustrate, a tax allcatin district financing is set in mtin when a lcal gvernment bdy, such as the City, acts t freeze the tax value f prperty within a designated area. This base value in Gergia is referred t as the tax allcatin increment base. Taxes paid up t the base value cntinue t be cllected and paid t the apprpriate taxing jurisdictins. The amunt f taxes paid abve that base value is referred t as the tax allcatin increment. That tax allcatin increment may then be paid int a special Page 20

26 fund t pay qualified redevelpment csts within the designated area. The definitin f qualified redevelpment csts is brad under Gergia law and has histrically included such items as the clearing and grading f land; cnstructin f new buildings; public wrks r imprvements; renvatin, rehabilitatin, demlitin r expansin f existing buildings; and acquisitin f equipment. The redevelpment csts are financed thrugh the pledge f future incremental increases in prperty taxes generated by the resulting new develpment. The Panel was infrmed by representatives f the City that it is unlikely that any substantive incremental tax revenues will be generated in the near future with respect t the City s tax allcatin district t supprt any type f bnd financing. General Observatins The Panel als made the fllwing general bservatins regarding the pssible financing ptins: There is cncern that this Prject may nt be attractive t a large number f private develpers because f its small size, i.e., it wuld be nly a $3 millin t $4 millin acquisitin. The City actively seeking investrs wh care abut Stne Muntain may prvide the mst apprpriate financing mechanism. An example wuld be thse lcal financial institutins and banks that are lcated in the City's dwntwn area. Such institutins may be mre inclined t prvide attractive financing t private develpers than thers wh have n direct cnnectin t the City. A cst/benefit analysis needs t be dne t with respect t the Prject cmparing the current csts and benefits f the prperty t the City versus such csts and benefits f the prperty in the future, i.e., pprtunity cst, pssible lwer expenditures frm plice and thers, generatin f ad valrem tax revenues, and the like. There was discussin frm varius representatives in the audience as t the need fr senir residential rental husing/assisted living facilities in the area. There are charitable rganizatins that d develp and perate such prjects. The Panel nted that the American Recvery and Reinvestment Act f 2009, cmmnly knwn as the Stimulus Act, prvides certain incentives fr banks and ther financial institutins t purchase such tax exempt bnds issued by gvernmental authrities fr the benefit f such charitable rganizatins up t an annual $30 millin aggregate limitatin currently thrugh As a result, there may be an increased interest frm the banks and ther financial institutins lcated in the City t purchase such bnds. Page 21

27 RECOMMENDED NEXT STEPS The City needs a well develped plan befre implementing any acquisitin r redevelpment plan. Immediately mve frward with enfrcing building cde vilatins. The City shuld assume that it will have t cndemn sme r all f the prperty, even if cndemnatin is never utilized. The City shuld be gathering evidence and dcumenting every instance f blight nw t supprt cndemnatin in the event the City decides t g this rute. Frmulate tw strategies fr dealing with building cde vilatins ne strategy fr use if the City des nt pursue redevelpment (such as tearing dwn vilating structures and clearing the land withut acquiring the prperty) and ne strategy fr use if redevelpment is pursued (where vilatins wuld be addressed as part f the redevelpment). Decide if the City wants t pursue acquisitin f the prperty. If it des nt, then a plan fr addressing cde vilatins must be develped and funds must be cmmitted fr such purpse. Ding nthing puts the City at risk f liability. If the current prperty wners are unwilling r unable t cure the cde vilatins, the City must pursue remving the ccupants frm the prperty and crrecting any site cnditins that pse a risk t the cmmunity at large. This ptin will require the least utlay f mney by the City, but there is als a scial cst t be cnsidered. Hw will the surrunding area feel abut having barded up buildings in the vicinity? Will such cnditins negatively impact surrunding prperty values? If the City wants t pursue r at least investigate the feasibility f pursuing acquisitin f the Prject fr redevelpment, then it must cnduct additinal due diligence: Obtain a title reprt listing all current wners and lien hlders. Cmmissin a physical needs assessment t assess site cnditins, cde vilatins, utility infrastructure, age and cnditin f structures, building materials used, and envirnmental cnditins. Cmmissin a market study t indentify the type f prduct suitable fr the Stne Muntain market, the price pint, and the target market. Des the desired target market presently live in the City? If nt, then a plan needs t be develped fr attracting such buyers t the area. Obtain an appraisal f the prperty in an "as is" cnditin, with all issues knwn. Als talk t existing wners t gauge hw much it will cst t assemble the land and hw lng it will take. After the due diligence is cmpleted, then the City can develp ne r mre strategies fr acquiring and redevelping the prperty and financing the redevelpment. The land ultimate acquisitin plan will likely cmbine several strategies, private purchases and cndemnatin. Page 22

28 Issue requests fr prpsals frm private develpers t gauge private interest in taking n the redevelpment rle. Private develpers may als cme up with creative ways f financing the csts f redevelpment. Create a "cmmunity based" plan that relies heavily n structured input frm residents and the cmmunity. The existing prperty wners need t be educated n the realities f what their hmes are wrth as well as what may happen if they d nt sell. The cmmunity needs t be educated n the reality f what the market will bear. The public cannt demand a certain type f prduct, less density, mre greenspace, r ther niceties which wuld increase redevelpment csts unless they are willing pay fr such thrugh increased taxes r ther avenues. Mving public relatins and public meetings and cmment frward in a prductive manner will require leadership and versight. The City shuld establish a pint persn smene whse jb it is t keep the prcess mving. Investigate the availability f funding frm lcal banks wh might be willing t invest in the cmmunity. Meet with the Gergia Department f Cmmunity Affairs t explre the availability f federal and state grants fr redevelpment and meet with the Husing Authrity f DeKalb Cunty if the best use f the prperty wuld be multifamily rental husing r a senir rental husing prject. Befre the City acquires the first unit in the Prject (whether thrugh a private sale r cndemnatin), it needs t be cmmitted t fllwing the prject thrugh t cmpletin f redevelpment. It des the City n gd t acquire any interest in the prject unless it is prepared t fllw thrugh. The City needs t have the funding in place t cmplete acquisitin, either thrugh a sale t a private develper r thrugh public r private financing. Page 23

29 PANELIST CONTACT INFORMATION Janet L. Bzeman, Esq. Hyatt & Stubblefield, P.C. Peachtree Center Suth Twer 225 Peachtree Street, N.E., Suite 1200 Atlanta, Gergia phne (404) Jan Bzeman is a principal f the law firm f Hyatt & Stubblefield, P.C. She is a graduate f Auburn University and received her law degree frm Gergia State University. She assists develpers thrughut the cuntry in creating the gvernance structure fr their planned cmmunities, cndminiums, and destinatin resrts and in establishing club membership prgrams fr prject amenities. She als wrks with wrkut cmpanies, successr wners, and acquisitin r cnstituent grups t "rescue" r revive trubled planned cmmunities and clubs. Her experience includes small and large scale residential, cmmercial, and mixed use prjects, as well as agequalified cmmunities. She als cunsels clients n cmmunity assciatin gvernance and peratins. Try M. Landry, ASLA, LEED AP Principal Landry Design Assciates 110 Farewell Lane Jhns Creek, GA Phne (678) tlandry@ldesignassciates.cm Try Landry, Principal, is the funder f Landry Design Assciates, Inc. and has ver 18 years f experience in prfessinal design practice. As Principal, he prvides the leadership with client relatins, cnceptual design, budget develpment, design review, prject management and cnstructin bservatin. His management f prjects frm cnceptin t cmpletin ensures the clients gals and visins becme a reality. Try understands the delicate balance between design develpment and budgetary gals, while able t achieve the attentin t detail needed t create a unique cmpleted prject. The range and scpe f his experience includes retail, mixed use, multi family, ffice, sprts recreatin, hspitality, resrt planning and master planning, bth n lcal and reginal prjects. Try received his Bachelr f Landscape Architecture frm Luisiana State University in Stephen Arms Manager Marthasville Develpment, LLC 9775 Hunt Club Way Alpharetta, Gergia Phne: (770) armss@mindspring.cm One f the Marthasville s specialties is the develpment f high quality mderately priced husing, thrugh aggressive land acquisitin, creative site planning, cllabrative entitlement in prgressive cmmunities, and efficient hme design. Stephen als believes in building hmes that can learn ver time s that wners can stay in place if they wish, which can add t the fabric f a cmmunity. Stephen has managed a wide variety f real estate prjects thrughut Nrth America. His experience ver the last 18 years includes mst majr prperty types and every activity related t the develpment and asset management prcess. Prir t his full time cmmitment t Marthasville, Stephen versaw develpment and prject management activities thrughut the Sutheast fr CB Richard Ellis. Stephen hlds a Bachelr s degree frm Luisiana State University and Masters in Business Administratin degree frm Emry University. Stephen is a Certified Public Accuntant and has been a vlunteer fr numerus industry, gvernmental and nnprfit rganizatins, including the Fultn Cunty Arts Cuncil, Brain Injury Assciatin, and Urban Land Institute. Page 24

30 Bb Begle Urban Designer/ Principal Urban Cllage 121 Luckie Street NW Suite 200 Atlanta, GA Phne: (404) Rbert J. Begle is a principal and cfunder f Urban Cllage, Inc. an Urban Design and City Planning firm in Dwntwn Atlanta. Established in 1997, the firm has cnducted hundreds f small and large scale planning effrts thrughut the sutheast U.S. Bb and his business partner, Stan Harvey, created Urban Cllage with the ntin that urban design was a viable industry unt itself with an ever increasing imprtance within the built envirnment. In this regard, the firm cnducts it s planning effrts like the art f making a cllage an art which understands that each cmmunity is unique and cmprised f a wide variety f diverse elements. Building n 19 years f prfessinal experience, Bb appraches mst design prjects with the ntin that there are frequently many, equally viable ways t slve a prblem, each with their wn inherent benefits and disadvantages. Bb strngly believes that prblem slving is best accmplished in a cllabrative manner in which bth designer and client bring their ideas and expertise t the table. Bb s prfessinal highlights include significant experience in husing design, neighbrhd planning, zning and design guidelines, site planning, transit rienteddevelpment (TOD), mixed use village centers, tax allcatin districts (TADs), Livable Center Initiatives (LCIs), public husing redevelpment and cmmunity participatin. Masters f Architecture, Gergia Institute f Technlgy, 1993 Bachelr f Science in Architecture, University f Michigan, 1989 Lynn Gavin, Esq. The Gavin Law Firm 332 Stneywick Way Mabletn, GA Phne: (404) lynngavinlg@gmail.cm Lynn Gavin has ver 17 years f legal experience in public finance and gvernment law. She has represented cities, cunties, develpment authrities, husing authrities, schls, hspital authrities, banks, and underwriting firms thrughut Gergia. She received her Juris Dctr Degree frm Gergia State University, her Master f Science Degree frm Purdue University, and her Bachelr f Science Degree frm Purdue University. She is currently a sl practitiner with The Gavin Law Firm. Lynn practiced public finance and gvernment law at Huntn & Williams LLP fr 10 years and at Lng Aldridge & Nrman LLP fr ver six years. Her memberships include the Natinal Assciatin f Bnd Lawyers and the Gergia Ecnmic Develpment Assciatin. Lynn has been a speaker fr the Gergia Municipal Assciatin, the Assciatin f Cunty Cmmissiners, the Natinal Assciatin f Bnd Lawyers and the Atlanta Bar Assciatin. She is a member f the Editrial Bard fr the State Bar f Gergia Legal Jurnal, the Endwment Bard fr the Atlanta Junir League and the Leadership Cuncil fr the Gergia State University Cllege f Law. David Haddw, CRE President Haddw & Cmpany The Hurt Building 50 Hurt Plaza, Ninth Flr Atlanta, GA Phne: (404) dhaddw@haddwandcmpany.cm David Haddw is the president and funder f Haddw & Cmpany. He has represented individual and institutinal clients in real estate investments since 1979, including seven years at Landauer Assciates, Inc., where he was Senir Vice President in charge f the real estate cnsulting practice in the firm's Atlanta ffice. He has an undergraduate degree frm Emry University and master's degrees in city planning and business administratin frm Gergia Tech and Gergia State University, respectively. A frmer mrtgage banker and city planner, he serves as a part time instructr in the Cllege f Business Administratin at Gergia State University and the Cllege f Architecture at Gergia Tech. His articles have appeared in numerus real estate jurnals and peridicals. He is a licensed real estate brker and a member f the prestigius Cunselrs f Real Estate. Active in civic affairs, Haddw has served n numerus bards and vlunteered cnsiderable time t nn prfit rganizatins. Page 25

31 David A. Herrigel, Esq. Hyatt & Stubblefield, P.C. Peachtree Center Suth Twer 225 Peachtree Street, N.E., Suite 1200 Atlanta, GA Phne: (404) David is a principal with the law firm f Hyatt & Stubblefield, PC, and represents develpers f all types f planned cmmunities, frm residential, cmmercial, and resrt cndminiums t mixed use develpments f all sizes, glf curse cmmunities, and destinatin resrts thrughut the United States and beynd. He has wrked exclusively in the field f cmmunity assciatin law since 1989, and his practice centers arund the creatin f cmmunity gvernance structures, drafting cmmunity gvernance dcuments, and cnsulting n related issues. He graduated frm the University f Clrad (B.A., 1982) and Emry University Schl f Law (J.D., 1986). David c authred "Hw Cmmunity Develpers Can Wrk with Glf Curse Develpers," a paper published in The Practical Real Estate Lawyer (July 1997). In additin, he has spken t the Urban Land Institute's Cmmunity Develpment Cuncil and the ULI general membership, the Natinal Assciatin f Hme Builders, the Hme Builders Assciatin f Atlanta, and the Cmmunity Assciatins Institute and has cnducted varius cntinuing legal educatin prgrams n issues relating t cmmunity assciatins and develpment. Chris Kacena, AIA, LEED AP President Kacena Design, LLC 2944 Ridgelck Curt Atlanta, GA Phne: (404) chriskacena@kacenadesign.cm Chris is the President & Owner f Kacena Design, LLC. He has spent the last 16 years in the fields f architecture & planning. His wrk has fcused n a variety f prject types ranging frm resident and cmmunity architecture t retail, mixed use, ffice, religius, educatinal, and hspitality facilities. His land planning wrk has fcused n resrt and cmmunity design, as well as industrial develpment and infill prjects. Mre recently. the cncept f sustainable design has been incrprated int many design disciplines. T that end, he is a LEED accredited prfessinal. Chris has wrked in all phases f architecture, and thrugh several delivery prcesses, but his greatest skills lie in cnceptual and design develpment identifying and slving a prblem and translating that t a built prduct the client can enjy. Denis Pellerin Principal Pellerin & Salmn Real Estate Services, LLC 300 Galleria Parkway Suite 700 Atlanta, GA Phne: (404) denisp@ps realestate.cm Denis is the Funder/Partner and is respnsible fr the verall develpment services and management f the Cmpany; Denis has experience in general and executive management, real estate financing, develpment, planning, cnstructin management, appraisals, prperty management and asset management. Denis has a Bachelr f Arts with a majr in Architecture frm the University f Flrida, has cmpleted pst graduate studies in Urban Design, and has a Masters in Urban and Reginal Planning frm Virginia Tech. Denis c funded The Integral Grup with Egbert Perry in 1995 and was respnsible fr ver $200 millin in cmmercial and residential real estate prjects. Denis als c develped Park Place Suth, a $50 millin residential prject in Midtwn Atlanta. David is a member f the Atlanta District Cuncil f ULI the Urban Land Institute, and frmerly served n the Sustainable Develpment Cuncil fr ULI Natinal. He is a member f the State Bar f Gergia. Page 26

32 Raymnd P. Strychalski, ASLA, LEED Senir Landscape Architect/Assciate Urban Resurce Grup Kimley Hrn & Assciates The Biltmre 817 West Peachtree Street, NW Suite 601 Phne: (404) hrn.cm Raymnd Strychalski has ver 28 years f experience as a licensed landscape architect and land planner in majr markets acrss the Eastern United States; he has been in charge f a variety f large scale land planning endeavrs including traditinal neighbrhd develpments (TNDs), urban in fill develpments, mixed use develpments, cmmercial and retail centers, crprate campuses, and ffice and htel cmplexes. In additin, Ray's wrk includes numerus cmmunity recreatin facilities, glf and scial clubs, and public parks and preserves. Thrugh his extensive urban in fill experience, Ray has als been able t develp a strng prtfli and expertise in Streetscape design and implementatin. Currently Ray is invlved in the design and cnstructin f ver $23 millin wrth f Streetscape and pedestrian imprvement prjects. Educatin: Bachelr f Science Landscape Architecture, Purdue University, 1982, Graduated with Distinctin R. Kyle Williams, Esq. The Blm Law Firm, LLP 100 Peachtree Street, NE Suite 2140 Atlanta, GA Phne: (404) kwilliams@blm law.cm R. Kyle Williams is Cunsel with The Blm Law Firm and fcuses his practice n zning, land use and general litigatin matters, representing prperty wners, real estate develpers, builders, real estate agents and brkers, real estate appraisers and ther real estate prfessinals. Kyle has represented clients in numerus jury, bench, and arbitratin trials thrughut Gergia. He als represents clients befre state agencies and lcal gvernments n permitting, cde enfrcement, and zning matters. Kyle created and maintains blgging Gergia land use and zning decisins, law, and plitics. In 2005, 2006, and 2009 Kyle was recgnized as a Gergia Rising Star in Litigatin, Land Use and Zning by Gergia Super Lawyer and Atlanta Magazine. Kyle serves n the Decatur Zning Bard f Appeals and served n the Transitin Cmmittee fr DeKalb Cunty Chief Executive Officer Burrell Ellis. Page 27

33 THE EXPERIENCE Page 28