With just a skeleton of steel called “the erector set” by residents, Avondale ended its six-year development agreement with Florida-based Century Retail for the planned 375,000-square-foot mixed-use development in downtown Avondale Estates. A victim of the economy, Century Retail filed for bankruptcy and defaulted on its development agreement owing Avondale a completed project and $37,500. The city now waits for the bankruptcy and ownership of the property to be resolved.
“Yes, we want to be proactive,” [Avondale City Commissioner David Milliron] said. “We want to facilitate conversations [with developers]. We really want to get going on some project. But we can’t do anything until we know who the next landowner is.”
The developers of the mixed-use development The Prado and the hotel Grand Bohemian Atlanta are asking the City of Sandy Springs to recalculate the impact fees it adopted on Feb. 19, 2008 to fund capital improvements in parks and recreation, public safety, and transportation.
Impact fees are charged at the time of issuance of any building permit. The ordinance also allows developers to deduct credits from those fees for system improvements they made.
Sembler Co. is redeveloping The Pradoat 5600 Roswell Road. The City assessed $471,000 in impact fees for the development. Sembler Co. claims it should only have to pay a net impact fee of $227,000.
Kessler Enterprises is developing the Grand Bohemian Atlanta hotel at 115 Abernathy Road. The City assessed $119,000 in impact fees for the development. Kessler Enterprises claims it should only have to pay a net impact fee of $45,000.
Sembler Co. and Kessler Enterprises both appealed the City’s assessments. By a vote of 6-0 the City Council voted to defer a decision on the appeals and the recalculation of the impact fees until April 21.
Attorney Ted Sandlerof Vinings-based law firm Hartman, Simons, Spielman and Wood represents Sembler Co. in its appeal from the impact fee assessment. Attorney Joseph Foltzof Alpharetta-based Foltz Martin LLC represents Kessler Enterprises in its appeal.
The 11th Circuit of the U.S. Court of Appeals struck down a Islamorada, Florida – a village of six islands in the Florida Keys – local ordinance that essentially prohibited national chain retail stores as a violation of the Dormant Commerce Clause with no legitimate local purpose.
Keep reading for GZB’s summary of Island Silver & Spice, Inc. v. Islamorada, U.S. District Court of Appeals, 11th Circuit, Case No. 07-11418, decided on September 8, 2008.
The Home Park neighborhood, between Georgia Tech and Atlantic Station, is fighting Sembler and the inevitable re-development of the 14th Street corridor in opposing Sembler’s proposed development of Westside Crossing at 14th Street and Northside Drive by beating the “Big Box” drum. Sembler is no stranger to Atlanta-neighborhood opposition.