LAND USE & ENTITLEMENTS

 

ZONING AND LAND USE ENTITLEMENTS AND AUTHORIZATIONS

Vogler Ashton is prepared to represent you in all matters regarding federal, state, and local permits, entitlements, and land use authorizations, such as:

• Rezoning

• Comprehensive Plan Amendments

• Developments of Regional Impact

• Fair Share Agreements

• Impact Fee Credit Agreements

• Local Development Agreements

• Extension of Existing Permits

• Site plan applications and approvals

• Planned unit development

• Environmental laws and limitations

• Environmental litigation

• Variances

• Eminent domain

• Property acquisition and sale

• Public-private partnerships

• Appeals of unfavorable land use decisions

• Administrative Litigation - DOAH

• Water resource permitting

• Wetlands policy and regulations

• Special use permits

• Subdivision approvals and platting

CHRONOLOGY OF A REAL ESTATE DEVELOPMENT OR REDEVELOPMENT PROJECT

Vogler Ashton provides drafting, negotiation, logistical support, advice, and experience in each of the following areas, including coordination and leadership of team members in a multi-disciplined entitlement effort:

• Acquisition Contract

  • Drafting

  • Preliminary title review

  • Land use entitlement assessment

  • Negotiation/re-drafting

  • Contract execution

• Acquisition Contract

  • Title examination

  • Boundary and topographic survey

  • Geotechnical/soils study

  • Preliminary wetland assessment and delineation

  • Preliminary transportation assessment and traffic study methodology meeting

  • Pre-application conference with government agencies

• Entity Formation – corporations, partners, limited liability companies

  • Limited liability entities and agreements

  • Equity contribution and commitment

  • Loan guaranty and loan/lease commitments

• Land Use Entitlements and Permitting

  • Rezoning

  • Preliminary site plan and engineering

  • Landscape plan

  • Environmental assessment

  • Wetland delineation and validation

  • Tree survey

  • Traffic study

  • Public hearings and response to agency comments

  • Development incentives and impact fee credits

• Construction Authorization & Commencement

  • Final site plan

  • Construction drawing approval

  • Certificate of level of service compliance

  • Water management district – environmental resource permit

  • Army corps of engineers – construction permit

  • Architectural and mechanical drawings

  • Building permit

• Acquisition & Loan Closing

  • Land purchase - closing

  • Title insurance

  • Loan fees and costs

  • Brokerage agreements

  • Coordination with lender counsel

  • Documentary stamps and intangible taxes, minimization

• Site Development and Building Construction

  • Building shell

  • Tenant improvements

  • Site work

  • Landscaping

  • CImpact fees

  • Construction interest

  • Construction management fee and overhead

  • Contingency

  • Binding certificate of occupancy

• Leasing & Management

  • Developer’s fee and overhead

  • Leasing commissions

  • Advertising and marketing

COMMERCIAL LITIGATION AND APPEALS

 

LITIGATION - Vogler Ashton is active in the entire continuum of dispute resolution: negotiation, mediation, arbitration, litigation, trials, and appeal within its core areas of practice. Litigation includes administrative proceedings and commercial litigation and trials in state and federal courts, with diverse areas, including:

• Real Estate Litigation regarding quiet title, title insurance, survey, restrictive covenants

• Zoning, Land Use and Entitlements Litigation regarding comprehensive plan challenges, certiorari challenges to zoning/land use denials, and due process challenges

• Partnership and Corporate Disputes and Torts

• Contract and Lease Disputes

• Commercial litigation involving contract interpretation, guaranty defense, landlord- tenant, homeowners associations, and condominium law

• Eminent Domain, Inverse Condemnation Litigation

• Construction Liens

• Appeals of municipality and administrative final agency action