Florida Land Use News: Is Orlando to Become the L.A. of Florida

I have often likened Greater Miami to Los Angeles as exemplars of a city accessible only by car and expressway reuslting from predominantly low-rise development and consequent urban sprawl.

Now the University of Central Florida warns that without adequate land use planning, Orlando may soon find itself in the same category.

By 2050, Orlando may well be as spread out as L.A. if Florida continues to grow at its current rate. According to a recent UCF study, Florida as a whole appears destined for the same fate. Projected are 1/3 of the land mass covered by homes, roads and businesses.

Population will have doubled to 36 million, sprawled across most of the peninsula.

The new study prepared by UCF charts a course to a different, greener future.

The population growth expected during the next 50 years could be accommodated, the study proposes, on far less land and for far less money.

Measures required to achieve this growth-managed goal are five in number:

1. Change of land-use regulations to allow developments mixing high-density housing and retail and office spaces.

2. Purchase of 8,500,000 acres of land critical for wildlife survival and aquifer and wetlands preservation.

3. Conservation of water resources and imposition of limits on residential water consumption.

4. Construction of a highspeed rail system connecting Florida's large and mid-size cities.

5. Development of local rail routes serving each high-speed rail station.

According to the study, statewide and local rail systems will cost less than building new and expanded highways which would be necessary to serve the popoulace under the present "free-for-sprawl"--if we may be forgiven the neologism and the pun.

The study was commissioned by the Metropolitan Center for Regional Studies at the University of Central Florida.
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To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations--or with opportunities to change those regulations--contact a Florida zoning or land use lawyer.

Daniel A. Weiss has over 26 years local government experience. Mr. Weiss represented the Miami-Dade County in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented both municipalities and people who do business with counties, municipalities and other local government agencies.

Daniel Weiss was named in the 2007 South Florida Legal Guide as one of the top lawyers in the practice areas of both Real Estate - Land Use, Zoning & Environmental and Real Estate - Commercial. Weiss was named by Florida Super Lawyers 2006 as one of the top 6 local government lawyers in South Florida.

In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

For a free consultation regarding your property, contact us.

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Florida Land Use News: How Tannebaum Weiss Got Started

Tannebaum Weiss
Diverse Legal Representation

Okay, folks. Many of you have asked about how my criminal law partner Brian Tannebaum and I started our firm, considering that our areas of practice are so different. So here’s as much information as you will need to slake your thirsts for knowledge about our unusually diverse practice. As you can tell from the format, it’ s from a press release we’re preparing.

Early in his career, Brian Tannebaum discovered that when a lawyer does a good job for a client, the client usually wants to be represented by that lawyer every time a new legal situation arises. “I’m a criminal defense lawyer, but my clients were coming to me saying they were getting divorced or they’d just been in an accident or they wanted me to review a contract,” Tannebaum says. Since those weren’t his areas of expertise, Tannebaum would have to call outside lawyers to meet those clients’ needs.

When he began building his own firm, rather than focusing on a single area of the law, as many small and medium-sized boutique firms do, Tannebaum and co-founding partner Daniel Weiss decided to focus only on excellence. “We brought together a group of attorneys who are at the top of their respective, and totally diverse, fields,” they explain. “This means that when clients tell us they’re having problems that are outside our practice areas, we can usually just send them down the hall instead of calling an outside lawyer.”

Today, Tannebaum Weiss has attorneys who specialize in criminal defense, municipal government, commercial litigation, employment law and matrimonial law.

Brian Tannebaum
Star-Quality Criminal Defense

When Hollywood needs legal advice, it calls Brian Tannebaum. His credits include serving as a legal consultant for TV’s CSI: Miami, providing legal commentary on Court TV and appearing on The O’Reilly Factor on FOX News. Tannebaum is an experienced and well respected criminal defense attorney, specializing in cases at the state and federal court levels. A not-guilty verdict he received in a federal conspiracy case was named one of the top 10 verdicts by the National Law Journal. He has been recognized as a “Top Lawyer” by the South Florida Legal Guide for three years running and has been voted “Best of the Bar” by the South Florida Business Journal. In addition, he is a past president of the Miami chapter of the Florida Association of Criminal Defense Lawyers.

Tannebaum says he believes criminal defense is the noblest aspect of the legal profession. “I represent people who are in trouble, people whose lives have been turned upside down by the government,” he says. “They need good representation in order to have the opportunity to put their lives back together.”

Daniel A. Weiss
Experienced Municipal Lawyer

You’d be hard-pressed to find an attorney with more municipal government experience than Daniel Weiss. After more than a quarter century of practice as a municipal lawyer, Weiss has more than 70 published legal opinions to his credit. Before entering private practice, Weiss was a 25-year employee of Miami- Dade County, spending 14 of those years as an assistant county attorney, including service as head of the appellate division. He’s now in his 12th year of private practice focusing on municipal cases. Weiss is a published author, lecturer and frequent media consultant in the field of property taxation. Click here to view Weiss’s property tax blog.

Weiss defines his practice areas as anything having to do with local government and property. This includes property tax appeals, land use and zoning, affordable housing, telecommunications, annexation, code enforcement and even civil appeals related to local government, he says. “Outdoor advertising is a subspecialty of mine,” Weiss says. “It’s an interesting field because it’s part land use, part code enforcement, part appellate procedure. But it also deals with constitutional issues.”

Weiss holds a master’s degree in public administration and is on the boards of the Miami Beach Bar Association, Miami Beach Community Development Corporation, Miami Beach Community Health Center and Douglas Gardens Hospice. Weiss formerly served as a legal special master for the Miami-Dade County Value Adjustment Board.

Honors include being named as a “Top Lawyer” by South Florida Legal Guide, Florida Super Lawyers, Florida Trend Legal Elite and Who’s Who in Practicing Attorneys, as well as selection to Miami’s “A” list in 5 categories: law, philanthropy, business, arts, and social prominence, according to New York’s Avenue Magazine.
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To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations--or with opportunities to change those regulations--contact a Florida zoning or land use lawyer.

Daniel A. Weiss has over 26 years local government experience. Mr. Weiss represented the Miami-Dade County in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented both municipalities and people who do business with counties, municipalities and other local government agencies.

Daniel Weiss was named in the 2007 South Florida Legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental. Weiss was named by Florida Super Lawyers 2006 as one of the top 6 local government lawyers in South Florida.

In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

For a free consultation regarding your property, contact us.

For More Information Click here

Florida Land Use News: Plans for Redevelopment of 1111 Lincoln Road Unveiled

One of the joys of living on Miami Beach in the 21st century is keeping up with creative land uses. The latest installment is the plan for redevelopment of 1111 Lincoln Road.

Your blogger takes special pride in featuring this latest development, since I represent the developer as his property tax attorney and property tax consultant for the project on a going-forward basis. The most recent press release for 11 11 ("Eleven Eleven") announces the following exciting details.

Miami Beach Mayor David Dermer recently hosted Robert Wennett, visionary behind the ambitious 11 11 project, at his City Hall office for a signing ceremony to ratify the public-private development agreement between the City and Mr. Wennett’s company, UAI Management, LLC. The 11 11 project will reinvent both public and private spaces at the western end of Lincoln Road, heightening pedestrian, commercial and residential experiences, alike, with its breathtaking blend of new urbanism and über architecture.

“Robert has brought Miami Beach a wonderful project – an oeuvre in concrete and glass, if you will – that defines both the new urbanism and creative architecture that are so important to planning for our City's future,” commented Dermer. “Robert’s amazing vision is an unlikely mélange of understated architectural elements, jutting lines, varied functions and organic accoutrements and it will undoubtedly take Lincoln Road, a jewel of Miami Beach, to new heights,” he added.

11 11 is a revolutionary integrated project that will offer an entirely new context for retail, residential, dining and parking experiences on Lincoln Road, Miami Beach’s premier pedestrian promenade. Envisioned by developer Robert Wennett and designed by world-renowned architects Herzog & de Meuron, 11 11 will debut Fall 2008. 11 11 will transform the western corner of the promenade with 11 curated street-level retail spaces. The structure will feature 50,000 square feet of high-end retail with floor-to-ceiling-glass storefronts; four private residences; approximately 100,000 square feet of fully-leased offices for creative businesses in the fields of entertainment, design, fashion and production; a rooftop restaurant and multiple levels of on-site covered parking.

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To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations--and with opportunities to revise current limitations--contact a Florida zoning or land use lawyer.

Daniel A. Weiss has over 26 years local government experience. Daniel Weiss was named in the 2007 South Florida legal Guide as one of the top lawyers in the practice area of Real Estate - Land Use, Zoning & Environmental. Weiss was named by Florida Super Lawyers 2006 as one of the top 6 local government lawyers in South Florida. In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

For a free consultation regarding your property, contact us.

For More Information Click here

NORTH MIAMI BEACH CONDO APPROVAL HEADED FOR COUNCIL REVIEW

In round two of a zoning battle between the property owner and neighboring objectors, the City of North Miami Beach Planning and Zoning Board has unanimously approved plans for the proposed Marina Grande condo towers at 172 Street and Biscayne Boulevard.

The condominium project includes two 24-story towers and a 112-slip marina. The proposal now proceeds to the City Council for two separate hearings. The project was approved in 2004 but was halted by a successful court challenge initiated by the North Miami Beach Citizens Coalition.

The trial court and the Third District Court of Appeal found that the city's zoning code did not permit the use of submerged land in zoning calculations, which made it impossible to meet the maximum density of 32 units per acre. That part of the code has since been amended by the City Council.

To view the Third District decision and opinion on rehearing, click here.

The position taken by the City in the prior litigation was that the definition in the zoning code did not apply to PUDs--planned unit developments--which, by their nature as a flexible planning tool, allow for the City to create height, density and other limitations which apply only to the PUD. The PUD concept is a planning and zoning tool designed to promote creative use of a parcel and enhance compatibility with neighboring parcels by, for example, providing for additional setbacks and landscaping features in exchange for greater density of height of buildings situated in the interior of the center of the parcel, farther away from its interface with the surrounding neighborhoods.

This argument fell on deaf ears at the Third District. The easy solution was simply to clarify the zoning code to say what the City already understood it to mean, namely that the provision for measuring density which excludes subaquatic lands does not apply to PUDs. Without meaning any disrespect to the City of North Miami Beach--which may well have had a correct argument rejected by the courts--as Mel Brooks said, "It's good to be the king."

Representatives of the Coalition, and other groups which seek to limit building heights, urged planners to delay consideration of the project until voters can decide the issue in a referendum. They've gathered about 3,400 signatures in a second attempt to force a public vote; a similar initiative failed in 2004.

Another similar referendum initiative involving the same attorney failed in the City of Miami Springs earlier this year. Your faithful blogger was one of the attorneys involved in knocking out the referendum issue as unconstitutional before it was voted on. For more about the Miami Springs referendum issue, see our blog entry below dated January 27 of this year.
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To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations, contact a Florida zoning or land use lawyer.

Daniel A. Weiss has over 25 years local government experience. Mr. Weiss represented the Miami-Dade County in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented both municipalities and people who do business with counties, municipalities and other local government agencies.

Mr. Weiss is designated one of Florida's Super Lawyers 2006 by the publication of the same name.

In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

For a free consultation regarding your property, contact us.

For More Information Click here

MIAMI SPRINGS LAND USE REFERENDUM REMOVED FROM BALLOT BY COURT ORDER

City of Miami Springs Enjoined From Conducting Election on Proposed Charter Amendment Requiring Voter Approval of Land Use Development Orders.

A citizens’ initiative charter amendment requiring a referendum to approve development within the municipality was struck down as unconstitutional. The ruling could affect many current and proposed municipal charter provisions throughout the State of Florida.

Four citizens of Miami Springs obtained a final judgment declaring a citizens’ initiative charter amendment unconstitutional because it required a referendum to develop land within the city. The lawsuit was filed in Miami-Dade County Circuit Court, Case No. 06-00399 CA 21. Attorneys Daniel A. Weiss, the author of this blog, and Jennifer J. Ator, both of Tannebaum Weiss, LLP, argued for the citizens opposing the amendment that the proposed charter amendment was unconstitutional. Senior Judge Herbert Stettin agreed and enjoined the election, which was set for January 31, 2006.

The county's Home Rule Amendment says proposals become effective if they're approved by the majority of voters who go to the polls. The amendment required a majority of the city's voters, which Stettin found was inconsistent with the county's methods for amending municipal charters.


The court held that it was unconstitutional for citizens to vote on rezoning, variances, or the approval of development within the State of Florida. In arriving at this conclusion, the trial court cited three Florida Statutes. The first specifically prohibits an initiative or referendum process in regard to any development order that affects five or fewer parcels of land. Then, two statutory definitions were cited as authority to explain the broad scope of the proposed charter amendment. A development order is defined as an order on any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. A parcel of land is a development unit, which may consist of many plots of land usually thought of as individual parcels.

The court further held that the municipality does not have the right to try to preempt the law by changing their own charter to directly conflict with state law. Citing previous case law, Judge Stettin wrote in the final judgment and order enjoining the election that "to submit an unconstitutional charter amendment to the voters would be a vain and useless thing."

The ruling has already generated significant interest throughout Florida since being issued by the Miami-Dade County Circuit Court because its principles apply statewide. If adopted by other circuit courts and appeals courts, any local or county government in Florida would be prohibited from taking the power to grant development orders from local elected and appointed boards and giving the ultimate right of approval for such development to the voters.

For more information about Daniel A. Weiss of Tannebaum Weiss, LLP visit http://www.tannebaumweiss.com or for a copy of the judge’s order, call 1-866-374-7850.
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To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations, contact a Florida zoning or land use lawyer.

Daniel A. Weiss has over 24 years local government experience. Mr. Weiss represented the Miami-Dade County in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented both municipalities and people who do business with counties, municipalities and other local government agencies.

In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

For a free consultation regarding your property, contact us.

For More Information Click here

CUTLER BAY APPROVED BY VOTERS AS NEWEST MIAMI-DADE COUNTY MUNICIPALITY

Cutler Bay is about to become Miami-Dade County's 35th and newest municipality.

South Dade's community of Cutler Ridge took on a new identity recently when voters approved two ballot measures.

South Miami-Dade community of about 30,000 approved the charter and chose a new name for the county's 35th municipality.

22 per cent of the electors turned out for the November 8th election. 60.9 percent of 3,898 ballots cast voted in favor of the proposed charter, which serves the role of the city's constitution. 2,374 voted in favor of the document and 1,524 voted against.

As with other recent breakaways in the recent history of Miami-Dade County's municipalization movement, there was no unanimity of opinion. As reflected in the split vote, there were both proponents and oppponents of cityhood.

Voters opted for the name Cutler Bay over Cutler Ridge by a vote of 1,920 to 1,403.

An earlier approval by area voters determined that a new municipality would be created in the area. This week's vote approved the charter as drafted and proposed and decided on th name Cutler Bay. Area voters approved incorporation in principle on January 11, 2005. The charter approval crystallized the two issues featured on the ballot. Town council elections are scheduled for January 10, 2006. If necessary, a runoff election will be held on Januear 31, 2006.

Self-governance and responsive municipal services, particularly police and fire, top the list of motivators for local communities seeking to incorporate.

Number 1 on the list of self-determination issues for new municipalities is nearly always zoning and land use decisionmaking. Until it adopts its own zoning code, Cutler Bay will be governed by provisions of the zoning code of Miami-Dade County.
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To be sure you're doing the most you can with your property consistent with applicable zoning and land use regulations, contact a Florida zoning or land use lawyer.

Daniel A. Weiss has over 24 years local government experience. Mr. Weiss represented the Miami-Dade County in litigation and appeals between 1981 and 1995 as a Miami-Dade Assistant County Attorney and has since represented both municipalities and people who do business with counties, municipalities and other local government agencies.

In Florida Trend magazine™'s Legal Elite's issue, July 2004, Mr. Weiss was selected by his peers as one of the top 30 government lawyers in the State of Florida.

For a free consultation regarding your property, contact us.

For More Information Click here