Development & Zoning

Whether by acquisition or ground lease, as a stand-alone facility or one incorporated within a master development plan, we have experience working with developers or contractors to develop new stores and facilities. Within client parameters, we negotiate the purchase and lease agreements in addition to the ancillary agreements that accompany new developments such as site development agreements, reciprocal easement agreements and easements, and conditions and restrictions agreements, understanding the infrastructure necessary to support such developments. Further, we collaborate with our clients’ architects, engineers, contractors, and other third party consultants. As noted below, we are also adept at navigating the land use regulatory processes, including but not limited to zoning and subdivision regulations to accomplish our client’s project development.

Dinsmore has a national practice in negotiating and expeditiously obtaining zoning approvals and other entitlements necessary for the development and construction of significant commercial projects, including development and redevelopment of shopping centers, stand-alone retail development, and mixed use projects. Our representation also includes working on national footprints for the rollout of a variety of service facilities, and securing approvals for senior independent living facilities designed to operate within mixed use developments. As part of Dinsmore’s entitlements work, its attorneys analyze and help their clients address various site development impacts, including traffic, utility services, such as stormwater management, parking, and community design guidelines in order to facilitate development approvals that are acceptable to the client and also meet local government objectives. A number of Dinsmore’s partners are LEED Accredited Professionals (LEED AP) who help clients address local government green building and sustainable design development requirements for commercial developments.

Dinsmore is a member of the International Council of Shopping Centers (ICSC) and its attorneys work actively with ICSC in developing responses to government regulatory initiatives that impact the retail industry. One of its partners serves as an appointed member of ICSC’s National Environmental Committee. Also, at the 2020 ICSC Shopping Center Law Conference, a Dinsmore partner spoke on the redevelopment of shopping centers, covering co-tenancy issues, exclusives, construction restrictions, parking requirements, and other limitations in existing leases and/or REAs and CC&Rs, as well as restrictive covenant agreements, third party approval agreements, and joint venture agreements.