Transit-Oriented Development

The attorneys at Kaplan Kirsch & Rockwell understand the land use, financing, and development issues associated with transit-oriented development (TOD) projects.  We have been key contributors to a number of important TOD projects in the Denver metropolitan area as well as in other cities.

Representative Experience

  • Represented the master developer selected to redevelop the Denver Union Station site.  This project included approximately $500 million of public infrastructure to establish Denver Union Station as the multi-modal transit hub for the greater Denver region and involves more than $500 million of private development.  We advised the master developer on land use and zoning, governance, development agreements, and public financing issues associated with this project.  Our attorneys also represented Regional Transportation District (RTD) in the negotiations with the railroads for FasTracks corridor access and in negotiations with Amtrak and served as part of the legal team representing RTD on the EAGLE P3 project.
  • Represents the developer of one of Regional Transportation District’s TOD pilot projects.  As part of this representation, our attorneys advised the client and negotiated the land transaction with RTD; negotiated agreements with the City of Denver and the Denver Urban Renewal Authority; advised the client on land use and entitlement issues; prepared and negotiated construction contracts; prepared numerous easements, licenses, and other land related agreements; and assisted in equity and lender due diligence issues.
  • Represented a suburban municipality in negotiations with the federal government regarding acquisition of a TOD site.  This work included negotiating appropriate agreements for site acquisition, addressing environmental issues, advising on land development, and other matters.
  • Represented the City and County of Denver Department of Aviation on a public-private partnership for the development of the Peña Station rail station as a transit-oriented development.  Our involvement included issues related to real estate, public and private finance, land use, federal airport regulation, and other regulatory issues.  The Denver City Council approved the key agreements associated with the $50 million infrastructure financing package in May 2015.  The financing closed, and construction commenced in June 2015.
  • Represents a private developer with regard to a transit oriented development project in a city in a suburban municipality.  This work has included negotiating the redevelopment agreement with the urban renewal entity and advising the client on real estate and land use issues.
  • Represents the Atlanta BeltLine, Inc., who is executing a comprehensive economic revitalization plan in central Atlanta. The Atlanta BeltLine is a 22-mile circumference loop of transit, recreational trail, and park development that includes multi-modal transportation links to and among the neighborhoods lining the corridor.  The project incorporates coordinated zoning incentives, a tax increment finance district, brownfields remediation, a city-sponsored residential mortgage program to encourage the purchase of homes near the Atlanta BeltLine, and more than 5,000 units of affordable housing being financed through an affordable housing trust fund.