Development & Zoning

Experience

Project Counsel for $150 million Mixed-Use Project

Client: Multi-Family Apartment Developer

We served as project counsel for a regional multi-family apartment developer in connection with the re-development of a $150 million mixed-use project containing approximately 330 residential units, a boutique hotel, approximately 200,000 sq. ft. of office space, and a 1,400 space public parking garage on the Scioto Peninsula in downtown Columbus. Over a two year period, our team negotiated the purchase, sale and development agreement, and various interrelated land use agreements necessary for facilitating the creation of a new “festival street;” assisted in forming a new community authority which utilized a tax-exempt bond issuance to finance the public improvements supporting the project; collaborated with the Columbus Franklin County Finance Authority to issue tax exempt bonds, utilizing a ground lease/capital lease structure, to receive sales tax exemption savings on the materials used in construction of the apartment buildings; formed a joint venture entity to utilize capital contributions of equity investors and to take advantage of the project’s location in a qualified opportunity zone; and negotiated terms of an approximately $60 million construction loan. Further, our development team negotiated an option of right of first offer as to the public parking garage and laid the groundwork for phase II expansion in the event our client wishes to expand its development footprint.Throughout the project, our team collaborated with the city of Columbus, Columbus Downtown Development Corporation, Columbus-Franklin County Finance Authority, and counsel for two collaborative developers.  

Local Counsel for University Developer

Client: University-centric developer

We act as local counsel for a national university-centric developer, which has a focus on student housing. We obtained concept plan approval for an approximately 11 acre in-fill redevelopment of a former hospital site into a mixed use project known as the District at Clifton Heights, adjacent to the University of Cincinnati. The construction value of this project will exceed $300 million dollars and comprises approximately 1,400 apartment units, 300,000 square feet of retail space (including a theater and other entertainment uses), and a nationally branded hotel. This approval was the culmination of months of neighborhood engagement and collaborative planning with city staff, neighborhood associations, and university stakeholders involving permitted uses, vehicular movement and parking and public spaces.

Real Estate Counsel for Joint Venture

Client: Ag47

We have acted as real estate counsel for a joint venture between the Miller-Valentine Group and Jeffrey R. Anderson Real Estate, Inc. which redeveloped a 10 acre assemblage site into approximately 200 luxury apartments and 60,000 square feet of commercial space. We handled all aspects of the transaction, including structuring the joint venture, site development agreements, and financing of the project. This project is intended as a gateway project for the Village of Silverton, Ohio.

Provided Counsel to a Church

Client: A church

We represented a nondenominational church in Deerfield Township, Warren County, Ohio, in obtaining multiple zoning variances to allow for expansion of their assembly building, parking, and vehicular movement areas.

Development Counsel for Regional Bus/Coach Company

We served as development counsel to a regional bus/coach company working to obtain rezoning and entitlements needed to relocate an expanded headquarters and dispatch facility. The new location was directly adjacent to a neighborhood, necessitating a protracted negotiation of buffering standards and site design.

Provided Counsel to Clients Operating Airbnb Units in Louisville

We worked with a firm client, who operates several short term rental units in the Louisville Metro area, to ensure newly enacted local regulations on short-term rentals enabling the business to continue. Our work also ensured other owners in the city had a process to seek approval for short-term rental units.

Project Counsel During Re-purposing of Elementary School

Client: Parkland Scholar House

We served as land use counsel for the Family Scholar House project that adaptively reused the historic Parkland Elementary School, turning it into housing with community facilities for single-parent college students. We worked with Marian Development Group and Louisville Metro to expedite the rezoning process, reducing the review process to less than 100 days from filing to signed ordinance.

Served as Project Counsel During Redevelopment of Historic Cotton Mill

Client: Bradford Mills Lofts

Working with a firm client, the Marian Group, we served as project counsel for the redevelopment of the former Bradford Mills in the Germantown neighborhood of Louisville. The redevelopment turned a semi-active warehouse into 144 loft apartments and commercial space on approximately 2.4 acres. 

Project Counsel for Multi-Use Development Site

Client: Riverport Landings

We served as project counsel for a large mixed use development that included commercial space, a public park, and more than 400 units of affordable housing for children aging out of foster care, single-parent college students, families, and senior citizens. Working with two firm clients, LDG Development, LLC and the Marian Group, we obtained expedited rezoning of the site and negotiated a development agreement with Louisville Metro for the contribution of city and state funds to aid in the creation of the affordable housing units. We also helped structure and close on the financing needed for the overall development.

Led Zoning Approval for Driving Range/Restaurant Concept

We led the high profile development approval effort for a large driving range/entertainment venue located at a regional mall adjacent to a suburban neighborhood. Our efforts included working with a public relations firm to galvanize support for the project. We managed a successful planning approval effort to overcome significant opposition from nearby property owners, which included organizing expert testimony and conducting coordinated public engagement efforts to address areas of public concern. 

Conducted Conservation Easement Law Research

We were involved significantly in conservation easement law research, analysis and summation, specifically regarding the highly debated area of amendments to conservation easements. We were also involved in the petition and negotiation for amendments to an existing conservation easement encompassing 1000+ acres of land in Montana and in the process of the creation of two new conservation easements comprised of more than 630 acres of land.

Zoning, Leasing, Financing and Sale of Office Building

Dinsmore & Shohl represented Jeffrey R. Anderson Real Estate, Inc. with respect to the acquisition, development, zoning, leasing, financing and sale of Rookwood Tower in the City of Norwood, Ohio.

Real Estate Leasing, Purchase, Sale and Development

Represented Fortune 100 company in various real estate matters, including the leasing, purchase, sale and development of its North American properties.

Zoning and Sale of Shopping Center

Dinsmore & Shohl represented Jeffrey R. Anderson Real Estate, Inc. in the acquisition, zoning and sale of Harper’s Station in Hamilton County, Ohio

Zoning

Dinsmore & Shohl represented Rookwood Partners in obtaining PUD approval for 12 acre mixed use project in the City of Norwood, Ohio.

Zoning

Represented church and parochial school in land use and zoning matters.

Zoning

Dinsmore & Shohl represented The Procter & Gamble Company to ensure that proposed zoning map and text amendments would conform to existing and future uses of client’s property.

Zoning

Dinsmore & Shohl represented regional steel fabricator in obtaining zoning approval of client’s non-conforming use for development of a steel fabricating facility with Ohio River dock access

Zoning

Dinsmore & Shohl represented Presbyterian Church of Wyoming in obtaining zoning approval of client’s development plan for expansion of its existing church facility.

Representation of A Prominent Real Estate Developer in Multiple Lifestyle and Mixed Use Projects

We have represented Jeffrey R. Anderson Real Estate, Inc. in a wide variety of projects, serving as project counsel with respect to more than $500 million worth of real estate projects, comprised of retail, restaurant, office, hotel and apartment uses. We have advised the client on land use and entitlements for projects throughout the country, worked to secure financing and create ownership structures, counseled on all facets of development and construction, handled leasing for all varieties of retail and office centers, and handled the sale of centers upon the client’s request. Along the way, we have worked with numerous governmental entities to resolve infrastructure issues vital to our client’s projects, such as zoning, access and utilities. Among the projects we have worked on include Rookwood Commons in Ohio, where Brownfield sites were redeveloped, and we facilitated the issuance of a Covenant Not to Sue from the Ohio EPA. Overall, we have worked with the client on projects in Illinois, Kentucky, Michigan, Minnesota, Ohio, Florida, South Carolina and Pennsylvania.

Represented Design-builder in Construction of $200 Million Mixed Use Development

We represented a design-builder in negotiating and drafting construction and construction-related contracts for a new $200 million mixed use development in the City of Norwood that includes a parking garage, hotel, theater, and retail shops. The contracts were modified to include new construction reform provisions, which were being implemented during the negotiations phase.

Development of New LaRosa’s Restaurant

Served as project counsel for the development of a new freestanding LaRosa’s restaurant in Cold Spring, Kentucky. Representation included coordinating due diligence, closing on property acquisition and negotiating easement and development agreements.

Development of Medical Office Clinic

Served as project counsel to a group of physicians for the development of medical office clinic locations for a national dialysis services provider. Representation included structuring and closing on property acquisitions, coordinating due diligence, negotiating development and construction agreements, obtaining governmental approvals and leasing out the completed facility in accordance with Stark Law and HIPAA requirements.

Development of Medical Office Clinic

Served as project counsel to a design builder for the development of a medical office clinic location for a national dialysis services provider. Representation included structuring and closing on property acquisition, coordinating due diligence, negotiating development and construction agreements, obtaining governmental approvals and leasing out the completed facility in accordance with Stark Law and HIPAA requirements. Also negotiated and closed on a sale of the project following the completion of construction and lease commencement.

Development of Non-Profit Community Health Center

Served as project counsel to a non-profit health care provider for the development of its new $5.25 million community health center located in the West End of Cincinnati. Representation included securing federal grants and community development financing to facilitate the project, site selection services to ensure compliance with federal grant requirements, coordinating due diligence, title services to clear over $150,000 in liens from the property, negotiation with the City of Cincinnati to obtain a release of over $250,000 in additional liens burdening the property, structuring and closing on property acquisitions, negotiating construction contracts, obtaining governmental approvals, leasing out portions of the completed facility in accordance with Stark Law and HIPAA requirements and obtaining real estate tax exemption for the completed project.

Expansion and Development of Local Brewery

Served as project counsel to MadTree Brewing, LLC for the development of an $18 million production brewery, tap room and event center that will allow for the expansion of its annual brewing capacity from 25,000 barrels to 180,000 barrels. Representation included coordinating due diligence, closing on property acquisition and negotiating development agreements.

The Banks Project

Served as owner’s counsel to Nicol Investment Company on The Banks project on the downtown Cincinnati riverfront. Representation involves leasing and development matters with national and regional tenants, including first-to-market occupants, as well as the completion of one of the first vertical subdivisions in Hamilton County, Ohio, which distinguished as separate tax parcels the upper floor luxury apartments from the street level retail businesses.

City

Successfully prosecuted multiple property annexations for City in front of County Commissioners, including appeal to Court of Common Pleas.

Industrial Leasing

Represented Fortune 100 company in the site selection, due diligence and leasing of a 175,000 square foot regional manufacturing, warehouse and distribution center.