Land Use

Our attorneys at Lighthouse Law Group PLLC have been representing public sector clients in land use matters for over a decade.  We have extensive experience in virtually all matters of land use and are therefore able to assist our public sector clients in the most efficient and cost-effective manner possible.  The following provides a representation of our firm's experience in various land use matters:

      Development Incentives

· We have participated in the drafting of development regulations intended to create incentives for certain types of development and/or to provide certain public amenities in conjunction with anticipated real estate development.

· We have advised on code restructuring to achieve local policy objectives, including encouraging sustainable development, and to implement economic development plans. 

Mitigation Agreements

· We have negotiated and drafted complex traffic mitigation agreements, including a recent agreement to mitigate the impacts of a 6050-unit mixed use development planned to occur in a neighboring jurisdiction. The extra-jurisdictional nature of that agreement added a layer of complexity because our client-city could not rely upon its permitting authority to mitigate the impact.

Development Agreements and Joint Planning

· We have negotiated and drafted development agreements on behalf of our city clients. We have also negotiated and drafted agreements related to annexation and joint-planning, which contemplate a future development agreement.

Master Planned Communities

· We have participated in drafting a new zoning code chapter for master planned communities. The challenge in drafting master planned community ordinances, given their complexity, is ensuring the trade-offs are balanced and the city’s long-term interests are being protected.

Subdivisions, Site Plans, and PUDs

Conditions of Development

· We have tailored mitigation for all types of development, including churches, master planned communities, "tent-cities," plats, signs, and energy projects, as well as more standard, commercial, residential, and industrial development projects.

· For example, we have developed administrative records traffic conditions for major projects. We understand this highly technical area, and have a history of working closely with traffic engineers on mitigation analysis. We have taken a similar approach in addressing utility supply concerns, safety hazards, and other issues.

Performance Bonds

· We have presented on the subject of enforcing conditions of subdivision approval, a timely subject with many plats remaining unfinished in the wake of a bad economy.

Public Works Standards

· We have advised city staff on the applicability and interpretation of city public works standards where a developer challenged the city’s authority to impose a particular condition.

Land Use Code Revisions

· We have been engaged to comprehensively update zoning and subdivision regulations.

Tent City

· We are experienced with Tent City litigation and the defensible drafting of applicable zoning regulations.

Moratoria and Interim Zoning

·  We have advised our municipal clients on proper usage of the moratoria and interim zoning tools. These tools are frequently used during a sub-area planning process to ensure that new development is consistent with a forthcoming sub-area plan.