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.