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Contact Kelly

3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
T: 503.205.2332

Kelly S. Hossaini

Partner

Kelly Hossaini’s practice is devoted to assisting a wide range of industries and developers with a full scope of land use matters. Kelly assists public entities, including special districts, school districts, and other educational institutions, with planning for new facilities, urban growth boundary amendments, annexations, conditional use review, and site plan review. She also assists other public entities, including cities, with condemnation of property when necessary for public projects.

Kelly’s practice also includes assisting national and regional homebuilders, retailers, senior care providers, and industrial developers with site selection and all land use entitlements necessary for a successful project. Processes and approvals may include annexation, subdivision or planned unit development approval, and site plan review. Kelly also assists alternative energy providers, such as wind and solar, with site selection and land use approvals.

In complex land use permitting cases, thoughtful strategy and vigilant course correction are key to successful navigation. Identifying possible project risks at the outset, as well as schedule and budget threats, and then working deliberately to address them goes a long way.

Kelly represents clients throughout the state of Oregon at the local government level, the Land Use Board of Appeals, the Oregon Court of Appeals, and at administrative hearings before state agencies.

Kelly is a frequent contributor to Miller Nash Graham & Dunn's real estate development blog, From the Ground Up.

Representative Experience

  • Assisting Sherwood School District with the siting of a new high school, including assemblage of four properties through negotiation and condemnation; urban growth boundary amendment; adoption of a Metro Title 11 concept plan; annexation to the City of Sherwood; land use entitlements.
  • Assisting Tigard-Tualatin School District with land use and real estate issues associated with multiple 2016 bond projects, including on-site rebuild of an elementary school and a middle school.
  • Assisting Seaside School District with evaluating options for relocation of schools and school facilities outside the tsunami zone. The work includes evaluation of property purchases, urban growth boundary expansion, annexation, natural resource issues, master planning, and land use permitting.
  • Assisting Warrenton-Hammond School District with the relocation of schools outside of the tsunami zone. The work includes evaluation of candidate relocation properties, property purchase, natural resource issues, and land use permitting.
  • Assisting Newberg School District with replacement of existing Dundee Elementary School with new 350 student elementary school.
  • Assisted North Clackamas School District with land use approval for high school sports complex, including transportation demand management plan.
  • Assisted Hillsboro School District with land use approval for new North Plains elementary school
  • Assisted Portland Community College with development projects on multiple campus sites as a result of the 2008 bond issued for $374 million.
  • Assisted Tigard-Tualatin School District with site due diligence and acquisition, and local permitting for construction of a new bus parking facility in Tualatin.
  • Condemnation of a new access for Durham Elementary School over neighboring property; obtained permit for major modification of a conditional use.
  • Provided legal services for a major amendment to a conditional use master plan for a combined elementary/middle school campus in Portland.
  • Assisted Tigard-Tualatin School District with numerous property purchases and sales, including land use and real estate due diligence and transaction negotiation.
  • Participated as a Technical Advisory Committee member on behalf of Tigard-Tualatin School District, a property owner and service provider in the concept and community plan area.
  • Participated as a Steering Committee member on behalf of Sherwood School District, a service provider in the Brookman Road concept plan area.
  • Assisted industrial business owner with relocation of business operations, including office space, truck maintenance, and fleet parking.
  • Assisted industrial landowner in Washington County with preparing 42 acres for sale, including site evaluation, rezoning, public infrastructure planning, and negotiation with local government in preparation for development agreement.
  • Assisting several national industrial developers with property due diligence and acquisition, and entitlements for industrial projects.
  • Assisted owner of large industrial property in reconfiguring and repackaging property for sale, including annexation, zone change, partitions, and property line adjustments.
  • Assisted business owner with city and county negotiations with respect to transitioning existing juice processing operation from farmland location to new industrial site in the city.
  • Defended industrial landowner in Clackamas County against design review appeal by citizens participation organization.
  • Managed defense of entity and owner against state environmental and county land use enforcement proceedings and assisted in acquiring, planning, and transferring operations to industrial park property.
  • Assisted with transit-oriented affordable multi-family housing development land use approvals in Clackamas County.
  • Defended development of an 82-unit mixed-use affordable housing development in Medford, Oregon.
  • Assist Multnomah County Drainage District with various land use issues, including negotiating code changes with various local governments, creation of land use application review process, and assistance with easement issues and infrastructure maintenance responsibility issues.
  • Prepared master planning ordinance for Oregon City, which is currently in use.
  • Assisted several public clients with siting of solar facilities on the roofs of new and remodeled buildings. Assisted wind and solar energy clients with obtaining and defending on appeal county land use approvals for renewable energy projects.
  • Kieling v. City of Sherwood. Defended reimbursement district against writ of review and court of appeals challenges.
  • Assisted major grocery store chain with siting stores in multiple cities, including site plan review and transportation analyses. Opposition, including LUBA appeals, was present in each.
  • Assisted Portland developer in establishing food cart pod as legal non-conforming use on residentially zoned parking lot.
  • Brought 120-day mandamus action against the City of Beaverton for a cell tower siting application. Obtained mandamus and approval for cell tower.
  • Assisted large cellular companies and tower provider companies with both urban and rural cell tower siting.
  • Represented senior care provider in gaining approval for annexation and a zone change for a seven-acre property in Happy Valley in order to build independent living, assisted living, and memory care development.
  • Worked as part of a team to prepare a master plan for submission to Oregon City for a regional hospital’s main campus.
  • Represented the Portland Japanese Garden in obtaining a conditional use permit to expand the Garden’s leasehold and add new structures and facilities. Successfully defended the expansion approval at the Land Use Board of Appeals.
  • Represented non-profit botanical garden in the City of Portland with obtaining conditional use permit for a botanical garden expansion, and defending approval at the Land Use Board of Appeals.
  • Assisted non-profit community club in establishing itself as a legal non-conforming use in the City of Portland.
  • Worked as part of a team to prepare a master plan for the redevelopment of the Oregon City Golf Course as part of a larger sustainable, mixed-use community anchored by industrial/employment land. Participated on behalf of Oregon City Golf Course in the Metro Title 11 Beavercreek Concept Plan preparation and adoption, of which Thimble Creek is a part. Represented property owner in annexation proceedings.
  • Assisted data center clients with siting and approval of data centers in Washington County. Included property due diligence, negotiations with applicable local governments, and land use approvals.