Attorney Jeffrey S. Bercow's Legal Cases

Land use and zoning

Terra Group - 8701 Collins

Jan 01, 2015

OUTCOME: Project repositioned successfully for new entitlements

Our client, Terra Group, purchased a 2-acre parcel adjacent to the Atlantic Ocean in the north end of Miami Beach at the end of 2013. They retained us to obtain approvals for two different development ... scenarios. The first scenario contemplated the preservation and redevelopment of an outdated hotel that had been a Howard Johnson’s outpost for years, and had become terribly run down and depressing. Our client proposed a redevelopment scheme that would have rehabilitated the hotel and permitted the development of a new condominium unit on an adjacent parking lot. We convinced City staff to treat the parking lot as a separate parcel, obtained approval from the Design Review Board for the proposed development scheme, amended the code to allow for additional height for the condominium unit, and commenced the process to vacate an adjacent road right-of-way to allow the developer to utilize floor area from the vacated road. We also commenced the foundation for agreements with the City for a public private partnership to build, own and operate a mixed use offsite parcel that would have included public and private parking, retail and residential uses. As a result of numerous factors including the poor condition of the hotel structure, challenges relating to offsite parking, and the impact of ADA required changes within the hotel lobby, the client decided to pursue an alternative development scheme that contemplated the construction of a single residential condominium building to be designed by the internationally acclaimed Italian architect, Renzo Piano. Work on this scheme has required obtaining a demolition permit, finalizing negotiations with the City over the vacation of the adjacent road right-of-way, and negotiation and execution of a development agreement related to the project. We have also filed applications for rezoning and comprehensive plan amendments related to the offsite mixed-use structure, and we are preparing to file the application for design approval for the proposed condominium structure.

Land use and zoning

Park Square, Aventura

Dec 01, 2014

OUTCOME: Project approved

ParkSquare Aventura is a recently approved project located on a 7.5 acre site in Aventura, Florida. The project has been approved as a mixed-use development that includes 85,010 SF of office, 39,402 SF ... of medical office, 134 residential condominium units, 26,981 SF of specialty retail, 22,081 SF of quality restaurant, a 230 room hotel, and a 200 bed assisted living facility. The project will be built in several phases, and when complete will have approximately 650,000 square feet of floor area. Our firm worked with the master developer, Integra Investments, LLC over a two year period, first introducing the developer and its urban, mixed-use concept to a very wary City Commission, working with city staff, and then processing amendments to the city’s land development regulations and comprehensive plan that would allow the project to be approved. After we created the new zoning district, we rezoned the property to the new district, and obtained site plan approval over the course of several public hearings. During our representation we had to address construction and noise-related concerns raised by one of the project’s neighbors, a synagogue whose board of directors included some of the most influential town residents, as well as some members of the City Commission. Our client will be the project’s master developer, with responsibility for constructing the office, residential and retail components, while other developers will have responsibility for the hotel and assisted living facility. We currently are assisting Integra with a number of permitting and subdivision issues relating to this division of responsibilities.

Land use and zoning

Marriot - The Edition, Miami Beach

Nov 05, 2014

OUTCOME: Project constructed and open

The Seville Hotel is an approximate three acre oceanfront parcel in the middle of Miami Beach. It is one of the best examples of “Mimo” architecture in Miami Beach. The hotel was originally constructe ... d in the mid-20th century and was in relatively poor condition when Marriott purchased the property. Marriott entered into a joint venture with Ian Schrager to create a boutique hotel concept known as The Edition. The Seville Hotel will become Miami's outpost of the Edition brand. Over a period of approximately three years, Bercow Radell & Fernandez, PA represented project ownership in several dozen hearings before various City of Miami Beach boards and agencies in order to obtain necessary project approvals from the City. These included a Conditional Use Permit to permit all of the accessory food and beverage components of the hotel (which include an ice skating rink, bowling alley, restored Matador Room restaurant, ballrooms, multiple restaurants and a night club), and several Historic Preservation Board approvals for restoration design and for significant new construction – including a new residential tower. The firm represented the project before the City Commission to obtain approval of an agreement with the City of Miami Beach allowing Marriott to reconfigure and improve an existing traffic circle and public areas that surround the hotel, including an adjacent boardwalk that is being redesigned as an upgraded “Beachwalk.” Our office also assisted Marriott with modifications and numerous permitting issues that arose during construction of the project. We are very proud that the Edition Hotel has recently opened for business.

Land use and zoning

Lennar Homes - Parkland Project

N/A

OUTCOME: Application is currently pending.

The firm was retained by Lennar Homes in order to secure approvals for a 1,000-acre mixed-use community outside Miami-Dade County's Urban Development Boundary. The approvals included concurrent applic ... ations for development approval for a development of regional impact, and amendment of the Miami-Dade County Comprehensive Plan. Development is proposed to be the first community in Miami-Dade County certified by the Florida Green Building Coalition. During the handling of this matter, we utilized the firm's decades of experience in Florida's complex growth management and comprehensive planning regulations known as Developments of Regional Impacts (DRI); coordinated a team of experts to handle the application of unprecedented complexity; worked closely and in conjunction with county, regional and state authorities; and conducted extensive outreach programs with local stakeholders and the neighboring community in order to gain support for the project.

Land use and zoning

Florida Power & Light Company

N/A

OUTCOME: Application processed and approved in record time.

We served as lead house counsel for Florida Power & Light, who retained us to prepare, expedite and process an application for zoning approvals to permit the construction of two nuclear reactors at Flo ... rida Power & Light's existing Turkey Point facility. The property consisted of 11,000 acres of land with numerous land use, zoning and environmental entitlements and encumbrances stemming from a 40-year history of local, state and federal regulations. Although the Florida Public Service Commission and state legislature encouraged utilities such as FPL to take substantive steps towards greater fuel source diversification to maintain electric supply reliability and cost stability for customers, environmental and safety concerns remain a significant challenge for the development of the first nuclear facility in the State in over 30 years. As lead counsel, I supervised a team that conducted in-depth land use, zoning and environmental research and audits on the 11,000 acres of land; expedited the review and processing of the public hearing application; reviewed all legal aspects of the application's processing to ensure compliance with local regulations to avoid any appeals or additional litigation; and coordinated with a team of consultants to address concerns raised by county administrators as well as public and environmental groups.

Jeffrey S. Bercow's Legal Cases (5)

Terra Group - 8701 Collins

Park Square, Aventura

Marriot - The Edition, Miami Beach

Lennar Homes - Parkland Project

Florida Power & Light Company