Zoning and Land Use

The Polsinelli Shughart PC Real Estate Development group is structured with a focus on providing comprehensive representation to our clients as they navigate the challenging waters of new real estate development and redevelopment, or reutilization of existing facilities. From concept to ribbon cutting, your Polsinelli Shughart team has the experience and expertise to provide value-added services in support of your real estate initiatives. We consider it our responsibility to not only solve problems as they arise, but to proactively identify potential issues at the outset of the development or acquisition process, and provide strategies to avoid them. The Governmental Approval process in any jurisdiction is inherently time consuming and costly in terms of development exactions. Our goal is to take your concept and see it through to implementation consistent with your schedule and budget.

Our group consists of 20 professionals located throughout our offices bringing years of real estate experience to the equation. In addition, many of our members were in governmental service prior to private practice, and therefore bring a unique perspective and ability to understand and address the public policy issues often presented during the development process. We understand the success of a project often rests upon persuasion of key decision makers, such as local elected officials, planning staff and community associations, and we have forged good working relationships with those that we deal with in our communities. However, it takes more than a large rolodex and access to achieve success for our clients in today’s environment. Complete command of all laws and regulations applicable to a project, coupled with our experience in operating in the public arena is the tool set we bring in support of our clients’ efforts to advance a development project.

In addition to obtaining land use entitlements such as zoning and plan approvals, our practice group is capable of bringing financing solutions to the process as well. Increasingly, we are seeing a gap between owner capital or traditional debt and the funds necessary to complete a project. Through the utilization of Tax Increment Financing, Transportation Development Districts, Community Improvement Districts, Development Bonds and other similar financing mechanisms, we have been able to successfully forge numerous public-private partnerships whereby the developer is able to capture other sources of revenue to address development costs. There has never been another time that the need for new approaches and innovative ideas is so critical to successfully financing a real estate project.

There are times that a project design or financing structure makes sense to all parties involved, public and private, but existing laws do not allow the concept or approach. In those instances, the Polsinelli Shughart team has the experience and know-how to change the rules of engagement. We have been successful in advancing ordinance amendments and legislative changes at both the state and federal level on behalf of our clients so that projects can move forward. No cookie cutter approach here: our job is not to just read the laws and conclude the answer is no; our job is to find a solution.

From zoning to financing we stand ready to be a part of your development team.

Zoning and Land Use Entitlements

  • Zoning, special use permits, mast plan approvals
  • Platting, subdivision of property
  • Variances, ordinance amendments, legislative initiatives
  • Permitting
  • Clean Water Act compliance – Section 404 permits
  • Wetland mitigation
  • Sewer and water district formation
  • Annexation

Project Financing

  • Special obligation bond financing
  • Tax increment financing districts
  • Transportation development districts
  • Community development districts
  • Special benefit districts – off-balance sheet financing
  • State and federal tax credits

Notable Experience

The Solis/Waterview project is a $600 million effort to develop a Five Star urban resort/hotel at a key corner in downtown Scottsdale. A key element of the project was the existence of a utility substation on the proposed site. The substation serves as part of downtown Scottsdale and was projected to reach capacity by approximately 2014. The client developed an intricate plan to relocate the substation, at the developer’s cost, to a parcel it had purchased on the other side of downtown. Substantial opposition developed to this plan for both technical and political reasons. Tom Irvine was retained to deal with complex land use and entitlement procedures demanded by opponents to the project. Through written critiques, meetings and appearances before the City Council, the city was convinced not to implement the objectionable procedures. The Polsinelli Shughart responses and arguments were based on the Arizona Constitution, state statutes and city ordinances, all of which were tied together to persuade the city and its lawyers of how a complex land use case involving two non-contiguous properties and a business deal with a large utility needed to be handled.
Mark Gershon represented the developer of a wind farm (770 MW maximum) on 30,000 acres in four counties in Illinois regarding all local and county land use and zoning approvals and regulatory requirements
Acquisition and development of Prairie Center, a 2,200-acre master-planned community in Brighton, Colorado, including single-family homes, townhomes, condominiums, open space, recreational centers, schools, trail systems, retail, and an on-site regional hospital. Negotiated public and private financing, development agreements, annexation agreement, and zoning. Participated in the creation and funding of special districts for service to the project.
Development counsel for the redevelopment of an 88-acre retail site located in Liberty, Missouri. Polsinelli Shughart PC was counsel on the structuring of economic development incentives, including both Tax Increment Financing and a Community Improvement District; the issuance of municipal bonds to fund the project; the development and analysis of redevelopment pro formas; land assemblage including dozens of property owners; condemnation proceedings; blight and environmental remediation; litigation; and serving as lead negotiators and chairs of numerous meetings before the City Council, TIF Commission and numerous taxing jurisdictions. Through our and our clients’ efforts, the Liberty Triangle Redevelopment serves as a vibrant and bright beacon in a difficult retail environment.
Lead Development Counsel for redevelopment of existing mall site. The total project cost was $250 million. The group led efforts in regard to demolition, obtaining all entitlements for new mixed-use improvements and securing incentive packages from state and local governments totaling $55 million.