Private Sector Land Use and Zoning – Weiss Serota Helfman Cole + Bierman

Mitch Bierman Speaks with SFBJ on Developing Private Sports Facilities in South Florida

Weiss Serota Helfman Cole + Bierman — Mon, 20 Nov 2023 18:10:10 +0000

WSHC+B partner and Miami Office Managing Director, Mitch Bierman, recently spoke to the South Florida Business Journal about the rising trend of developing private sports facilities in South Florida.

“Struggling retail centers and malls are great places to repurpose spaces for private sports facilities,” Mitch explained to SFBJ. “However, facility operators should check the local zoning to make sure sports is a permitted use as it doesn’t always fit into the category of general retail and commercial.”

Mitch is a skilled attorney specializing in government affairs, public-private partnerships, and municipal law. He serves as the Town Attorney for the Town of Cutler Bay and Village Attorney for the Village of Pinecrest in Miami-Dade County. Mitch’s experience in navigating complex legal and zoning challenges gives him a unique perspective on urban projects.

Read the article here: https://www.bizjournals.com/southflorida/news/2023/11/09/new-sports-facilities-host-players-who-pay.html?utm_source=rss&utm_medium=rss

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WEISS SEROTA HELFMAN COLE + BIERMAN ATTORNEYS RECOGNIZED BY CHAMBERS AND PARTNERS

Weiss Serota Helfman Cole + Bierman — Thu, 01 Jun 2023 14:45:02 +0000

WSHC+B is pleased to announce that firm partners Edward G. Guedes and Clifford Schulman have been named top lawyers in their respective fields by Chambers & Partners in the 2023 Edition of Chambers USA.

Ed Guedes, Chair of the firm’s Appellate Practice Group, was ranked in Litigation: Appellate – Florida. One commentator observed, Ed “is very well respected among the appellate bench,” while another stated, “Ed is a very prominent, local lawyer. He specializes in representing local government entities and is very knowledgeable and effective in this field.”

Cliff Schulman was recognized as “Senior Statesperson” in Environment – Florida and Real Estate: Zoning/Land Use – Florida. Clients say, “Clifford is very good and one of the best lawyers over in Miami-Dade County.”

The Chambers USA guide annually ranks preeminence in key practice areas and achievements of law firms and lawyers throughout the country. The qualities on which individual lawyers are ranked, includes their legal knowledge and experience, their ability, their effectiveness and their client-service.

To view the full guide, click here.

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Weiss Serota Helfman Cole + Bierman Attorneys Recognized By Chambers And Partners

Weiss Serota Helfman Cole + Bierman — Fri, 21 May 2021 18:59:28 +0000

The Firm is pleased to announce that firm partners, Edward Guedes, Clifford Schulman and Joseph Hernandez have been named top lawyers in their respective fields by Chambers & Partners in the 2021 Edition of Chambers USA.

Ed Guedes, Chair of the Appellate Practice Group, was ranked in Litigation: Appellate – Florida. Clients say he is “an excellent advocate,” and “he is an outstanding lawyer and very good to work with.”

Cliff Schulman was recognized as “Senior Statesperson” in Environment – Florida and Real Estate: Zoning/Land Use – Florida. Sources say Cliff is “a very bright and very experienced attorney” and that he is “an exceptionally good lawyer.”

Joseph Hernandez was recognized for his excellence in Real Estate Law – Florida category. One commenter stated “he’s very personable and a pleasure to work with. A quick, efficient, ‘no drama’ and very knowledgeable attorney.”

To view the full guide, click here.

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The City of Tampa Proposes a Moratorium and More – Everyone Brace Yourselves!

Alicia Gonzalez — Wed, 12 May 2021 19:10:20 +0000

For years, the City of Tampa (“City”) has grappled with how to control single-use, residential development (development that consists only of residences) that creates a number of issues– hurricane evacuation logistics, traffic, and over-concentration of residential development. The City is proposing to adopt an amendment to its comprehensive plan that would start to address these issues by limiting single-use residential development in three future land use categories: (1) Urban Mixed Use -60 (UMU-60), (2) Community Commercial -35 (CC-35), and (3) Community Mixed Use-35 (CMU-35). It also intends to halt certain development approvals for seven months while it processes the proposed amendment. The question is: are property owners and the City ready to grapple with all the ramifications of these actions?

Currently, the City land development regulations (“LDRs”) provide that certain high-density, purely residential zoning designations are consistent with the aforementioned mixed-use future land use categories. The City’s Comprehensive Plan allows a developer to calculate density either by using one of two calculations: units per acre or permissible floor area ratio (FAR), which is the ratio of the building area compared to the size of the land on which the building is being constructed. The FAR calculation generally results in a much greater number of units.

A City presentation at the February 4, 2021 City Council meeting showed the implications of permitting calculation of density based on FAR by providing an example. The example indicated that, in the UMU-60 category, the maximum permissible density is up to 60 units per acre. The maximum permissible FAR is 2.5. Assuming a developer owns 1 acre of land (43,560 SF), maximum density based on units per acre is 60 residences. Maximum density based on FAR would be 109 residences (1,000 SF is the average size per unit). Thus, the FAR density is much greater.

The City’s proposed comprehensive plan amendment would eliminate the option to calculate density using FAR for developments that only propose to construct residences. Because a comprehensive plan amendment will take approximately seven months to adopt, the City also proposes a moratorium on all rezoning applications for properties within the three land use categories (UMU-60, CC-35, and CMU-35) that seek to calculate residential densities on single-use, residential developments using FAR.

The moratorium was presented for consideration on first reading (there has to be two readings for approval) on May 6, 2021. The City Council voted to continue the agenda item until May 20, when the proposed moratorium would be presented again with one significant change: it would exclude properties within walking distance (¼ mile) of the transit emphasis corridors in the City Comprehensive Plan.

While the City’s intentions in attempting to address long-standing complaints of its residents may be noble, both developers and the City should be questioning whether the proposed regulations will result in a taking or a compensable claim under the Bert Harris Act.

Developers should be concerned because the time within which a property rights claims must be asserted is limited. Additionally, recent proposed amendments to the Bert Harris Act may impact who may bring a claim and when the claim may be brought.

The City should be concerned because there currently are a total of 851 acres of land that will be impacted by the moratorium and the proposed comprehensive plan amendment, which can result in a significant number of claims. The City should evaluate its exposure and how to limit its exposure in advance of opening a potential flood gate for claims.

The information contained in this document does not constitute legal advice.

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Weiss Serota Helfman Cole + Bierman Successfully Represents Mast Capital in Approval of Miami Beach Condominium Project

Weiss Serota Helfman Cole + Bierman — Wed, 02 Dec 2020 20:52:55 +0000

The expertise of Weiss Serota Helfman Cole & Bierman P.L. in complicated land-use and real property matters was on display in the City of Miami Beach, where the firm represented developer Mast Capital in completing a property acquisition from the Florida Department of Transportation (FDOT) and obtaining city approval for a long-anticipated luxury condominium project. Mast can now move forward with the 175-unit development at 4000 Alton Road in the city’s growing Mid-Beach neighborhood.

Firm Partner Peter D. Waldman led negotiations with FDOT for the acquisition of surplus land located next to the project site, a process that started in August 2019 and culminated with the November 2020 project approval. The $1.99 million property transaction is expected to close by the end of 2020.

In assisting Mast, Waldman tapped into his proficiency representing private property owners and businesses in eminent domain, real property acquisition and valuation and the development, implementation and execution of capital improvement projects. He also has the unique perspective of having previously served as Assistant General Counsel for FDOT.

Firm Partner Edward Martos provided valuable assistance regarding the history of the project from a land-use perspective.

To facilitate the property transaction, Waldman had to persuade FDOT officials to designate the land as a surplus property, produce traffic and drainage studies and a market appraisal, resolve an environmental issue related to debris removal, and negotiate the purchase agreement.

“This was a team effort and a rewarding project to work on,” Waldman said. “FDOT followed its process to the letter of the law, and we did everything the Department asked for to show that this property was not being used, and was not needed for future FDOT projects. The result is a true win/win, with the city finally able to have this project move forward to accommodate strong demand for new luxury residential product in Mid-Beach and FDOT getting significant revenue through the property sale.”

The project had been held up in the planning and approval phase for more than six years before last month’s city approval. Mast is developing the 12-story building on 1.9 acres it previously purchased from Talmudic University in October 2014.

In addition to representing private property owners, Waldman is also often hired by governmental entities and utilities in eminent domain, property acquisition, project design and engineering matters, and has assisted municipalities with the development of right of way programs. He is a member of The Florida Bar’s Eminent Domain Committee and Greater Miami Chamber of Commerce’s Transportation and Infrastructure Committee.

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Funding Resilience

Weiss Serota Helfman Cole + Bierman — Tue, 01 Dec 2020 18:31:54 +0000

This article originally appeared in the Miami Herald on December 1, 2020 and was originally written by firm partner, Chad Friedman.

Local, state and federal officials recognize that sea-level rise presents a real danger to properties across Florida. Vulnerable areas have been identified and plans have been developed to address its effects. However, what is missing is a dedicated funding source to tackle this existential problem.

One possible solution is the creation of a resiliency utility. It would have the authority to adopt fees sufficient to plan, construct, operate, acquire and maintain systems identified in a master plan.

Funds could be collected on a property-tax bill and pledged to finance necessary capital improvements. Private entities could administer the utility to shift risk and create better efficiencies. The Florida Legislature should authorize this.

Local governments can plan for sea-level rise, but without a dedicated funding source, such plans will succumb, along with any structures, to the sea.

Chad represents developers and governmental entities in land use, zoning and general government matters. He is also a leader in the field of Property Assessed Clean Energy (PACE) programs.

To read the original article in the Miami Herald, click here.

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WSHC+B Ranked Among “Best Law Firms” by U.S. News – Best Lawyers®

Weiss Serota Helfman Cole + Bierman — Fri, 06 Nov 2020 02:50:27 +0000

The Firm is proud to announce that U.S. News & World Report and Best Lawyers announced the release of the “Best Law Firms” rankings, naming WSHC + B to the 2021 list. The Firm is nationally ranked in two practice areas and regionally ranked in eight practice areas.

The “Best Law Firms” list recognizes firms for their professional excellence and consistently compelling ratings from clients and peers. In order to rank in the list, a firm must have a lawyer listed in The Best Lawyers in America®, which acknowledges the top five percent of practicing U.S. attorneys. The Firm had 14 lawyers selected for inclusion in The Best Lawyers in America®, including Founding Partner, Richard Weiss, who was named “Lawyer of the Year” for 2021 (click here for the full list).

Firms are ranked on a national and metropolitan scale by tiers. The Firm received the following rankings:

National Tier 1

Appellate Practice

National Tier 2

Land Use & Zoning Law

Metropolitan Tiers

Miami

Appellate Practice
Commercial Litigation
Government Relations Practice
Land Use & Zoning Law
Real Estate Law
Environmental Law

Fort Lauderdale

Commercial Litigation
Construction Law

To view the full rankings, click here.

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Unsolicited P3 Proposals During COVID-19

Mitchell A. Bierman — Tue, 26 May 2020 04:36:55 +0000

During the coronavirus era, government entities are facing unprecedented fiscal pressure as the COVID-19 health crisis devastates their revenue sources, especially in states like Florida, where the economy heavily depends on the hospitality industry. With many states and local governments searching for additional sources of revenue or savings, now may be the best time to make unsolicited Public Private Partnership (P3) offers. Private sector players that have the ability to provide infrastructure, transportation, utilities, solid waste or the capability to outsource other government services have never had a better opportunity.

Florida’s P3 law broadly authorizes private firms to submit unsolicited proposals to state and local agencies. The timing is even better for concessionaires and other businesses that can provide upfront payments in exchange for long-term income streams earned from monetization of government-owned property and rights-of-way. Unsolicited proposals that provide government entities with upfront and downstream revenue or delay major costs are more than welcome in this environment.

Our attorneys have been instrumental in arranging some of Florida’s most high-profile and complex P3 transactions. Many of these originated with unsolicited offers to local governments. Our local government track record gives us a high level of credibility with government officials and stakeholders who are essential in moving a new proposal forward and gaining the approvals required at each level of government. Our successful projects include airport developments, telecommunications, toll roads, public transportation solutions, environmental and solid waste disposal, water and sewer outsourcing, sports venues, and affordable housing, among others.

The information contained in this document does not constitute legal advice. Please do not hesitate to contact us should you have any questions or need assistance responding to the many issues, which have arisen out of COVID-19.

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COVID-19’s Impact to Land Use Regulations and Variances

Weiss Serota Helfman Cole + Bierman — Mon, 04 May 2020 15:37:46 +0000

Even life’s greatest challenges present opportunities. If you were thinking about asking local government for additional concessions for your development project, now may be a good time.

As we move closer to the gradual re-opening of the economy, businesses and developers are altering their designs and operations to accommodate the possibility of prolonged social distancing in the coming months and, if needed, in the longer term. To that end, buildings altered to enhance space, air, and light, as well as supporting areas that lend themselves better to social distancing, ventilation, and sanitizing can market these features to buyers and tenants.

Current regulations may not properly account for the new emphasis on these kinds of features. Certainly, floor area, height, and other restrictions may limit redesigns or new features and force property owners and developers into difficult choices to forego safety in favor of more traditional building design. Avoiding this result may be a good incentive for local government decision-makers to consider variances and other modifications of current restrictions. In other words, the COVID-19 outbreak and the measures identified to prevent future waves of infection provide potential new justification for seeking relief from the limitations of zoning and other land use restrictions.

Our land use and zoning practice specializes in charting a course through local government restrictions to achieve our clients’ objectives. At times, that involves variances and administrative modifications where we work within the code parameters, while at other times amending the code is more appropriate.

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Weiss Serota Helfman Cole + Bierman Attorneys Recognized by Chambers and Partners

Weiss Serota Helfman Cole + Bierman — Thu, 23 Apr 2020 15:34:04 +0000

The Firm is pleased to announce that firm partners, Edward Guedes and Clifford Schulman, have been named top lawyers in their respective fields by Chambers & Partners in the 2020 Edition of Chambers USA.

Ed Guedes, Chair of the Appellate Practice Group, was ranked in Litigation: Appellate – Florida and Cliff Schulman was recognized as “Senior Statesperson” in Environment – Florida and Real Estate: Zoning/Land Use – Florida.

To view the full guide, click here.

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