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

Weiss Serota Helfman Cole + Bierman — Thu, 04 Nov 2021 17:34:47 +0000

Weiss Serota Helfman Cole & Bierman is proud to be listed as a 2022 U.S. News & World Report “Best Law Firm.” The firm is nationally ranked in two practice areas and regionally ranked in ten 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. Earlier this year, the firm had 25 lawyers selected for inclusion in The Best Lawyers in America® (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
Employment Law – Management
Environmental Law
Government Relations Practice
Land Use & Zoning Law
Litigation – Labor & Employment
Real Estate Law

Fort Lauderdale

Commercial Litigation
Construction Law

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WSHC+B Attorney Chanae L. Wood is the Recipient of the Diversity, Equity, and Inclusion Award at the upcoming IMLA Annual Conference

Weiss Serota Helfman Cole + Bierman — Fri, 27 Aug 2021 16:21:01 +0000

The firm is pleased to announce that Chanae L. Wood has been recognized by the International Municipal Lawyers Association (IMLA) for her efforts in Diversity, Equity, and Inclusion. Chanae serves as the Chair of the firm’s Diversity and Inclusion Program Committee and speaks often on DE&I matters. In less than a year, what started out as Chanae’s idea for an internal D&I program to foster in-depth conversations and inclusion education among the firm’s attorneys and staff blossomed into a much larger endeavor within the legal community.

Chanae will be officially recognized as the Diversity, Equity, and Inclusion honoree during the IMLA’s 86th Annual Conference taking place in Minneapolis, September 29-October 3, 2021.

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WSHC+B Partner Recognized as Social Impact Honoree for the South Florida Business & Wealth 2021 Legal Awards

Weiss Serota Helfman Cole + Bierman — Fri, 13 Aug 2021 21:01:22 +0000

The firm is pleased to announce that John Quick has been recognized by South Florida Business & Wealth as the Social Impact Honoree of their 2021 Legal Awards.

As South Florida’s industry sectors become increasingly diversified, the legal landscape has become more complex, with clients demanding a high level of service and sophistication in all practice areas. SFBW understands how much the region’s success depends on top-flight attorneys and are celebrating their accomplishments, acumen, and dedication with the Legal Awards.

John will be officially recognized as the Social Impact Honoree, during the in-person joint Awards Ceremony and Legal Guide Release Party on November 4th, 2021, at the Museum of Discovery and Science.

Click here for more information about the event.

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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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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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Susan Trevarthen Shares Her Journey with the Daily Business Review

Weiss Serota Helfman Cole + Bierman — Mon, 17 Aug 2020 16:20:59 +0000

In a recent article by the Daily Business Review, partner, Susan Trevarthen shares her story on becoming a land use attorney. Susan was inspired to pursue urban planning while working as a research assistant under John DeGrove at the Florida Atlantic University-Florida International University Joint Center for Environmental and Urban Problems.

“When you really want to get serious about something happening, you have to translate the plan into actionable items that are enforceable, and that’s where the law comes in,” said Susan. She explains that the “conflict” between preservation and a thriving economy is a “false choice,” as the two actually aren’t mutually exclusive. She sees a middle ground where the two are complementary concepts.

As Chair of the Firm’s Public Sector Land Use and Zoning practice group, Susan serves as town attorney to Lauderdale-by-the-Sea, village attorney for Bal Harbour, and special counsel to various other municipalities, advising on development and zoning regulation, as well as defendings lawsuits filed by developers. Most recently, Susan and her team were the first in South Florida to issue a legal opinion on backing virtual public meetings during the coronavirus pandemic.

Susan is Florida Bar Board Certified in City, County and Local Government Law. She is a graduate of the University of North Carolina School of Law and earned a master’s degree in planning from the University of North Carolina.

Read the full article here.

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Susan Trevarthen Speaks Out on the Demand for Emergency Funding for State and Local Governments

Weiss Serota Helfman Cole + Bierman — Wed, 08 Jul 2020 15:38:18 +0000

Partner Susan Trevarthen was published in the American Planners Association blog titled “Fighting for Federal Support: Planners Speak Out.” In the blog post, planners across the country, who are seeing the initial impact of COVID-19 from the front lines, offer their perspectives on the need for flexible federal emergency funding for state and local governments.

Susan writes to Sen. Marco Rubio of Florida about the critical need for flexible resources:

“I am concerned that the combination of skyrocketing costs for local services and plummeting revenues will soon hinder local leaders’ ability to protect and maintain important government services and to move toward a recovery that begins with planning.

“It’s for these reasons that I urge your support for prioritizing more funding and flexibility for localities of all sizes and states in the next wave of coronavirus relief aid. I also urge you to make sure that such funding can be used for the salaries of community planners and other expenses of planning functions.”

Susan has been a member of the American Planners Association since 1990. Click here to read the full blog.

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Jamie Cole Speaks at 2017 Broward County Bar Association’s Bench & Bar Convention

Weiss Serota Helfman Cole + Bierman — Wed, 31 Jan 2018 05:26:48 +0000

Managing Director Jamie Cole spoke at the 2017 Broward County Bar Association’s Bench & Bar Convention on, “Medical Marijuana Track: Land Use & Zoning”.

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