Bercow Radell & Fernandez

BRF Partners Jeffrey Bercow and Melissa Tapanes Llahues represented Homestead-Miami Speedway, LLC, the operator of the Homestead-Miami Speedway, in concurrent applications to amend the Miami-Dade County Comprehensive Development Master Plan to expand its Urban Development Boundary (UDB), City of Homestead Comprehensive Plan, and Notice of Proposed Change to a Development of Regional Impact.

Aerial Showing Areas Added and Removed from UDB

The concurrent applications earned favorable recommendations and/or no objections from all state, regional and local agencies, including the Florida Department of Community Affairs, South Florida Regional Planning Council, South Florida Water Management District, Miami-Dade County, Homestead Air Reserve Base, and the City of Homestead.

These approvals culminate three years of efforts by the Homestead-Miami Speedway to permit the expansion of the Speedway onto 120 acres to improve the fan experience by consolidating overflow parking and temporary concessions east of S.W. 137 Avenue and adding grandstand seats at Turn One and Turn Four of the Speedway.

These improvements will help to enhance the Speedway’s standing as an internationally acclaimed sports and entertainment attraction.  Homestead-Miami Speedway, LLC is a subsidiary of International Speedway Corporation, the owner/operator of 13 race tracks in North America and headquartered in Daytona Beach, Florida.

View of BRF Sponsored Home

BRF Attorney Matt Amster recently represented the firm at the dedication of the firm’s first sponsored home for Habitat for Humanity of Greater Miami.  The three bedroom single family home will soon be ready for its new family.

Firm members and staff were proud to assist the first time homeowner by installing dry wall and roofing during the firm’s recent work day at the home.

BRF has also been very involved in securing the zoning approvals necessary to allow Habitat for Humanity to build nearly seventy (70) new homes in northwest Miami-Dade.  Many of the “infill” lots owned by Habitat for Humanity are small, thus requiring variances of the Miami-Dade County zoning code to permit development of modern homes. BRF’s pro bono efforts have been spearheaded by Matt Amster, who has processed a record number of zoning hearing applications on behalf of needy families.

BRF partner Ben Fernandez recently assisted in the first “transfer of development rights” (TDR)  from a property within the City of Miami’s “Miami Modern (MiMo)/Biscayne Boulevard Historic District.” The City’s TDR program is intended to encourage the preservation of existing buildings within the historic district as well as the compatible development of currently empty sites.  The program seeks to support these goals by permitting property owners to transfer unused development rights to receiving sites in other areas of the City, therefore creating a financial incentive for preservation and compatible new development within the district.

While the City’s TDR program offers a lot of promise to property owners within the MiMo/Biscayne Boulevard Historic District, the regulatory process remains complicated.  See here for the City’s current regulations. We are available to assist property owners in navigating this complex process.

In January 2011, the Mayor and Council of the City of Doral appointed BRF partner Melissa Tapanes Llahues to the Doral Design District Steering Committee to assist the City in improving the Doral Design District area of the City located west of the Palmetto Expressway (SR 826).

Melissa serves as the Committee’s chairwoman and spearheaded the Committee’s efforts to designate the area between NW 82 Avenue to NW 77 Court and NW 25 Street to NW 41 Street, known as Phase I of the Doral Design District Master Plan, as a brownfield.  On May 13, 2011, the Doral City Council unanimously adopted Resolution 11-56 designating Phase I of the Doral Design District Master Plan as a brownfield. Brownfield designations are a helpful tool recognized by Florida law that can assisted local governments in encouraging the redevelopment and voluntary clean up of areas that are impacted by actual, or perceived, environmental contamination.

This step will allow the City to start a process to encourage the remediation of decades old contamination in this area, while at the same time encouraging economic activity in this area of the City.  Melissa and the rest of the BRF team are excited to be a part of the City’s efforts.  

We are proud to note that Bercow Radell & Fernandez PA has been recognized by the Legal 500 as one of the top land use/zoning firms in the United States.  Special attention was given to Jeffrey Bercow, who was recognized as one of just eight “leading lawyers” in this category.  The Legal 500 is recognized for offering the definitive judgment of law firm capabilities.

As zoning practictioners, we commonly see homeowners appearing at Miami-Dade County zoning hearings seeking variances for minor variances for things like porches that were constructed too close to their neighbor’s houses. Very often, the people seeking the approval bought their house with no knowledge of the issue as the problem was created by a former owner. Once discovered by the County, these issues often require a homeowner to spend thousands of dollars in zoning and building approval costs to legalize these improvements.

The County has a valuable but little-used tool that can help many people avoid this situation — the Pre-Purchase Zoning Inspection. For under $250, potential homebuyers can obtain a determination of properties’ zoning status before they purchase the home. That inspection will identify zoning violations that could cost significant time and money to resolve if recognized later. We recommend that all homebuyers in Miami-Dade County seek a Pre-Purchase inspection to avoid significant problems later on.

Here is a link to the County’s inspection application forms. Keep in mind that a recent survey should be provided to ensure that the analysis is accurate.