By Lou Papera, Partner with Pursley Friese Torgrimson, LLP
The Urban Land Institute’s Technical Assistance Panels, also known as TAPs, offer a unique source of brainpower to make a positive impact on urban development. My first experience with a TAP came in the form of a mini-TAP effort as part of the ULI Center for Leadership Class of 2016. Any community or professional organization can apply for a mini-TAP, at no cost, to “tap” the expertise of a myriad of real property professionals and receive guidance on a land issue.
I was part of a mini-TAP, or mTAP, team that explored how to evolve the area of Findley Plaza in Little Five Points in keeping with the local culture. An established district on the east side of Atlanta, Little Five Points (L5P) is known for its alternative, bohemian culture, well known for indie music and independent local retail and restaurants. L5P has seen both disrepair and restoration over the years. From my time as a law student in the late 1990s, I’ve enjoyed the eclectic pulse of L5P and appreciated the opportunity to weigh in on continuing the revitalization. Our conversations centered on underlying community issues, precedent studies and design considerations that ranged from minor programming to significant physical reconfiguration of the area.
While I contributed a legal perspective, my counterparts shared expertise in all aspects of real estate development, including community outreach, architectural design, building, development, economics, fundraising and finance. My role included helping the group understand relevant legal issues and challenges, as well as consideration of threshold organizational issues to allow the group to speak and act in a unified manner.
For this particular group, there were several overlapping organizational approaches available, including:
Forming an independent legal entity. In order to make changes to public property, the group would need to be able to sign memorandums of understanding with the city, as well as other contracts, and would need the ability to raise and spend funds. An independent legal entity would allow the group the freedom to act as it sees fit.
Affiliating with the Community Improvement District. L5P is served by a Community Improvement District, or CID. As quasi-governmental entities, CIDs have powers unavailable to purely private organizations, including the ability to levy taxes, leverage eminent domain authority through local jurisdictions to acquire private land for public projects, and to operate free of certain legal constraints. An affiliation with the CID would give the group enhanced power to bring change to Findley Plaza.
Creating an alliance with Park Pride. Atlanta communities have an excellent resource in Atlanta’s Park Pride. The organization helps communities improve local parks but also allows communities to leverage its existing infrastructure to raise funds and access services.
Being a part of the conversation in L5P broadened my appreciation for facets of land use development that are not a normal part of my day-to-day practice. Since my client work focuses on leasing transactions, I’m typically involved in real property issues well after the planning stage. Collaborating on the front end with the Friends of L5P and my mTAP colleagues in community outreach, finance, architecture, building and development helped me see a bigger picture. I highly recommend getting involved with programs like TAP to share (and stretch outside of) your area of influence and help bring positive change to urban areas.
Back in L5P, however the group chooses to organize and move forward, I’m hopeful the community will leverage new insights to make positive change a reality for Findley Plaza.
Lou Papera is a partner with Pursley Friese Torgrimson, a single source for commercial real estate legal services including condemnation/eminent domain, leasing/transactions/dispositions, zoning/land use, as well as dispute resolution/litigation in Georgia and across the United States. You can reach Lou at lpapera@pftlegal.com.
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