From
The KDDK Advantage - November/December 2006
Successful Land
Use And Real Estate Development
Proper land use planning is critical
to the success of every real estate development project.
Local land use laws dictate permitted uses of property,
special uses, building heights, green space or “setback”
requirements, parking spaces, maximum lot coverage, signage,
and much, much more.
The Area Plan Commission, City Council,
County Commissioners and Board of Zoning Appeals have
precise filing deadlines for rezoning, variance and special
use
permit applications as well as particular meeting times for hearing such applications.
Generally, there are no exceptions made for late or incomplete filings. Coordinating
deadlines is crucial to keeping a project on schedule, and missing one filing
deadline can result in the delay of progress on a project for a month or longer.
These are some additional matters
to consider in the land use planning and real estate
development process:
Does the real estate have
the proper zoning for the desired use? -
Are special
use permits needed?
-
Have proper land use, engineering
and environmental site studies been performed
before purchasing
real estate or launching any land use approval
applications, such as a rezoning or variance application?
-
Do the plans call for any deviations,
i.e. “variances” from local land use laws?
-
Are neighbors
or members of the public likely to object to
the land use or
features of the real estate development?
-
Does the
development site have adequate points of access
to handle the expected traffic flow?
-
Is there access
to the development site from public rights of
way?
-
Are any economic development incentives
available?
KDDK attorneys
regularly assist landowners in project coordination,
meeting stringent
application and notification requirements
for rezoning, variances
and special
use permits, working with engineers and surveyors
to prepare site plans and other materials prerequisite
to gaining
local government
approval
and economic
development
incentives, and preparing and delivering effective
presentations to obtain such approvals. For assistance
with land use
or development projects contact
Maria
Worthington at mworthington@kddk.com or Mike Schopmeyer
at mschopmeyer@kddk.com or call Maria or
Mike
at 812-423-3183.
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