Archives: Real Estate

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Coral Gables Zoning Law: Mixed Use Development Overview

The clear evolution of infill real estate redevelopment in South Florida and Greater Miami is towards a true mixed-use environment that makes areas desirable places to work, live, and play.  Coral Gables, with its vibrant commercial areas, is an example of a municipality within Greater Miami-Dade County that is leading this charge through a specific … Continue Reading

2019 South Florida Opportunity Zone Report

Bilzin Sumberg is pleased to share the results of the 2019 South Florida Opportunity Zone Survey and subsequent Forum that we co-hosted with Urban Land Institute Southeast Florida/Caribbean (ULI SE FL/Caribbean)  on June 5, 2019. The Report captures the perspectives of developers, investors, and other professionals who specialize in real estate and finance in Florida, to delve … Continue Reading

Miami-Dade County Zoning Law: Mandatory Minimum Electric Vehicle Parking Ordinance Passed

The Miami-Dade County Board of County Commissioners recently adopted an ordinance establishing off-street parking requirements for electric vehicles (EVs) which mandates minimum EV parking spaces in all new uses with limited exceptions provided below. The ordinance defines the terms pertaining to EV infrastructure, such as EV Supply Equipment (EVSE), EVSE Space, and EVSE-Ready Space and … Continue Reading

Coral Gables Zoning Law: Modified Open Space Zoning Code Creates New Design Challenges

The City of Coral Gables’ zoning code landscape and open space requirements were recently amended as of May 14, 2019. The Coral Gables’ zoning code now requires landscape open space to be provided at the ground level and to be “open to the sky.” This update will have a significant impact on real estate development … Continue Reading

Florida Zoning Appeals Law: Miami-Dade County Special Exception Denial Quashed

In the recent decision of Publix Supermarkets, Inc., v. Miami-Dade County, Case No. 17-082 AP, the 11th Judicial Circuit Court in and for Miami-Dade County held: (i) the applicant successfully carried its burden in a quasi-judicial hearing before the zoning appeals board of Miami-Dade County (the “County”); and, (ii) that the opposition failed to establish … Continue Reading

Miami-Dade County Zoning: Administrative Requirements of Workforce Housing Bonuses

In 2007, the Miami-Dade County Board of County Commissioners adopted Ordinance No. 07-05, which created a voluntary Workforce Housing Development Program in order to encourage development of land available for residential use targeted towards the workforce income group. The program allows real estate developers to obtain density and intensity development bonuses by providing either workforce housing … Continue Reading

South Florida Opportunity Zone Forum

On June 5th, ULI SE Florida/Caribbean and Bilzin Sumberg hosted the South Florida Opportunity Zone Forum. Attendees gained valuable insights into the forces shaping our industry and were the first to hear about the results from our recent South Florida Opportunity Zone survey while networking with the people making the most important opportunity zone deals. The Forum touched on topics including: … Continue Reading

Coral Gables Zoning Law: New Electric Vehicle Charging Station Laws

In 2016 the City of Coral Gables introduced its new Green Fleet of 20 electric Nissan Leaf vehicles. The City of Coral Gables currently has a total of 43 electric vehicles in its fleet which is one of the largest government electric vehicle fleets in the State of Florida. The City’s goal is to have a fleet of 78 electric … Continue Reading

Zoning Appeals Law Update: Miami PZAB Applies Incorrect Waiver Standard

In CUBE 3585, LLC, v. CITY OF MIAMI, et al., Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County[i], an appeal was filed by Cube 3685, LLC (“Cube”) from proceedings involving application for a zoning waiver[ii] for a demolition permit with the required tree survey to demolish the single-family residence (cottage). The City … Continue Reading

Miami Zoning Appeals Law Update: City of Miami Departs Essential Law Requirements

In Miami-Dade County v. City of Miami, Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County (Case No. 18-000032-AP-01) [26 Fla. L. Weekly 800b], an appeal was filed by Miami-Dade County (the “County”) from proceedings stemming from plans to renovate the Coconut Grove Playhouse. The Court ultimately ruled that the City of Miami … Continue Reading

Case Study Series: Benefits of Coral Gables Shared Parking Ordinance

Urban cities and developers alike are taking advantage of the modern utility and benefits of shared parking. Particularly in mixed-use projects, shared parking can deliver more affordable development, reduce construction waste, improve building aesthetics, and also reduce traffic. In the world of real estate development where solutions to housing affordability, massing aesthetics, and construction waste … Continue Reading

South Florida Investment: Opportunity Zones Survey

With the issuance of the long-awaited Opportunity Zone regulations by the U.S. Department of the Treasury on April 17, 2019, real estate investors, owners, and operators in the State of Florida are anxious to seize the “opportunities” afforded by the Opportunity Zone program, which will offer participants significant tax benefits. While the Opportunity Zone program appears … Continue Reading

Opportunity Zones Create Funding Alternative for Social Infrastructure Projects

Under current legislation, tax-exempt and other low cost financing solutions are not typically available for social infrastructure projects. The resulting higher cost of capital for social infrastructure projects raises viability concerns when the public sector procures projects with private sector-driven financings. As a result, historically, social infrastructure P3s have been outpaced by their surface transportation … Continue Reading

Watch the #SoFloRedev2018 Conference Highlights

Bilzin Sumberg’s 2018 South Florida Redevelopment Conference highlighted emerging development trends and the latest changes in the South Florida market. Panel discussions covered successful strategies and unique opportunities for redevelopment in South Florida, including real estate P3s, transit-oriented development, tax strategies for real estate developers, development within opportunity zones, and the many faces of adaptive … Continue Reading

National Security Review of Foreign Investments to Escalate

With its roots in the Exon-Florio Amendment to the Defense Production Act, the Committee on Foreign Investment in the United States (CFIUS), is an inter-agency committee that reviews certain foreign investments in the United States that implicate national security concerns. CFIUS generally determines its own jurisdiction within the parameters of regulatory framework ascribed to it by … Continue Reading

Real Estate Tax Help for Vertical Subdivisions

For many years we have sought to address the problems faced by mixed-use developments where different uses in a single structure are carved up into separate fee simple parcels. The main problem has been the inability to obtain separate tax folio numbers for the separate parcels. This has resulted in a situation where it is … Continue Reading

Government Violated Developer’s Bert J. Harris Act Rights by Denying Site Plan, Finds Florida 4th District Court of Appeals

In a significant ruling, Florida’s Fourth District Court of Appeal in the case of Ocean Concrete, Inc. v. Indian River County ruled the government violated the developer’s Bert J. Harris Act rights by denying a site plan for the development of a project that had established a reasonable, investment-backed expectation.  The Ocean Concrete ruling is … Continue Reading

Miami Micro-Units Solve for Both Tenant Affordability and Developer Profitability

Cities across America are facing an affordability crunch and housing in Miami is no different.  The short supply of affordable housing is even scarcer in proximity to Miami’s central employment districts with no single solution available.  Efforts to promote inclusionary zoning (mandatory affordable unit requirements) have populist appeal, but limited success and actually reduce land … Continue Reading

New Funding Source for Mass Transit under the SMART Plan

We have previously written about the need for new funding solutions for public transportation, including mechanisms that capture the added value of mass transit on adjacent properties.  Last week, consistent with our recommendation, Miami-Dade County adopted an ordinance that creates a “Transportation Infrastructure Improvement District” in order to capture the added value of new community … Continue Reading

South Florida Real Estate Industry Update

Begin the new year with essential guidance that will help prepare your real estate company or clients for a productive and profitable 2018.  The South Florida real estate community will come together on Thursday, January 18, to hear industry leaders discuss some of the most significant tax, accounting, and legal planning opportunities affecting their businesses … Continue Reading

Art in Public Places: Regulatory Burden or Opportunity?

The concept of art in public places is well-established in the United States. As early as the 1930s, the federal government created New Deal programs that paid artists to create works of art for display in municipal buildings and other public civic properties.  Similarly, Miami-Dade County has required since the 1970s that art be provided … Continue Reading

Extension of Property Tax Discount in Miami-Dade and Potentially Other Counties

On September 4, 2017, Governor Scott issued Executive Order 17-235 in response to anticipated severe damage across Florida due to Hurricane Irma. The Executive Order granted the Florida Department of Revenue authority to issue an Emergency Order to waive and extend the local taxing authorities’ compliance deadlines related to the budget process and associated setting of millages … Continue Reading

FDEP Issues Order to Restore Structural Damage Post Hurricane

Property Owners and Public and Private Entities: On September 5, 2017, the Florida Department of Environmental Protection (“FDEP”) issued Emergency Final Order OGC. No. 17-0989 (the “Order”) in response to the anticipated widespread devastation across Florida caused by Hurricane Irma. In order to respond to the imminent or immediate danger to the public health, safety, and … Continue Reading

Additional Opportunity to Extend Development Orders & Building Permits

Governor Scott recently expanded the previously declared State of Emergency issued for the Zika Virus, allowing holders of permits and development orders an even greater opportunity to toll the period remaining to exercise rights under the permit or order for more than 19 months. Section 252.363 of the Florida Statutes permits a tolling of development … Continue Reading
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