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Miami 21’s Special Area Plans Have Created Special Problems

In a recent article, Neisen Kasdin, managing partner of Akerman LLP’s Miami office, argued that the opposition to special area plans (SAPs) was “largely driven by community activists who oppose change because they like things the way they are and want to preserve their positions of power in the community. They generate opposition by preying upon people’s fear of progress, often without regard to the true long-term interests of the community.”

Nothing could be further from the truth—the opposition to SAPs has been galvanized across a broad spectrum of opponents who have watched this planning tool turned against our most vulnerable communities by developers. That outrage resulted in the City of Miami Planning Zoning & Appeals Board voting unanimously last year to recommend to city commissioners that SAPs be abolished from the Miami 21 zoning code.

SAPs Are Government Up-Zoning

A “special area plan” is a zoning process in Miami 21 that allows a developer that assembles over nine acres of land to apply for the right to build at much greater height and density than would otherwise be allowed. If that application is approved after going before the PZAB for its recommendation and then obtaining final approval from the city commission, the developer then has greater flexibility (e.g., the Magic City SAP received exemption from certain liquor sales limitations) as well as relief from the Code’s otherwise strict rules regarding “succession.”

Miami 21 is a “form based” code designed for “successional growth.” For example, the T-3 transect governs single family and duplex residences of maximum two stories, and T-4 governs multifamily apartments of three stories maximum. Any up-zonings of more than one transect are generally not allowed. SAPs are a planned exception to successional growth, intended to incentivize developers to cooperate with the city planning staff to create a better development than the developer might otherwise build. Kasdin is correct that this process has worked well in some high density places, such as Brickell City Centre. But not all, and there’s the rub—“one size does not fit all.”

At their root, the projects Kasdin is promoting involve governmental up-zoning, with lobbyists approaching the city of Miami on behalf of developers seeking permission to build more than they are otherwise legally allowed to build.

This type of government led development is neither organic nor the result of natural market forces. Rather, market forces are being manipulated to incentivize acquisition of real property in poorer neighborhoods where private investment has been largely absent, except by slumlords, often for decades.

In theory, this process involves the city agreeing to allow more density and height in exchange for the developer making available to residents certain benefits, such as affordable housing, workforce preferences and living wages. But the “community benefits” are only as good as the negotiating process, and it is often the case that the neighborhood doesn’t get what it deserves in a process controlled by connected people in “special deals for special people” handed out by compromised politicians who don’t have the public interest at heart.

 

Click here to read this story in its entirety.

 

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CRE Price Growth Expands in January

In January, US commercial real estate price growth hit levels not seen since before COVID-19, according to the latest Real Capital Analytics CPPI: US summary report.

Overall, the US National All-Property Index rose 6.9% from a year ago and 1.2% from December.

While prices continued to accelerate in January, deal volume slumped after a record-breaking December 2020.

While there are still questions about how much of the workforce returns, office prices rebounded 3.3% year-over-year in January. Suburban offices drove those gains. Last August, office prices were posting no annual growth.

Industrial, which has been the hottest sector through the pandemic, posted 8.3% annual growth, giving it the top spot among all the property types. Industrial prices are slightly below what it posted in 2019.

Gains in multifamily stayed near the 7% they have been hovering near over the last several months, hitting 6.8% in January. They are well below the highs posted in 2018.

The struggling retail sector again saw price growth fall 1.8% year over year. Retail trailed the other sectors before the pandemic, posted less than 5% growth.

Overall, US commercial real estate transaction volume was down 58% in January, according to RCA. In December, transaction volumes increased 8% year-over-year. January experienced similar declines to the second and third quarters of 2020, which directly followed the onset of the pandemic.

Transaction volumes in January fell across property types at double-digit rates, except for senior housing. This was a pivot from December transactions when apartment and industrial sales took off, driving most activity. Even office properties had a good month with the highest transaction volumes since 2019. It should be noted that it is typical to see an end-of-year rush and RCA adds that the activity was likely compounded by investors closing delayed deals from earlier in the year.

 

Source:  GlobeSt.

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Downtown Miami Revitalization Takes Flight

The revitalization of Downtown Miami is continuing to evolve.

New York-based developer Time Century Holdings has entered the Miami market to transform the Metro Mall into a luxury jewelry center. The developer secured a $23.6 million construction loan for the $50 million project through City National Bank of Florida.

Time Century Holdings is working with architect Kobi Karp on the project to create a destination for “luxury jewelry retailers, wholesalers, consumers and watch enthusiasts.” Phase one includes a basement, ground, mezzanine and second floors, while the second phase—set to start later this year—will include the development of four stories of office space. The wholesale retail portion of the project is already 60% leased by jewelers from Europe, South America and Asia. The leasing helped to secure the loan, which Yair Levy of Time Century called a “true endorsement” of the project and of Downtown Miami.

The jewelry center itself will take up four floors with a three-story atrium. There are retail spaces ranging from 500 to 2,000 square feet with rental rates ranging from $65 to $150 per square foot.

The jewelry center is just one of several ongoing projects transforming Downtown Miami and big real estate players are getting involved.

 

Source:  GlobeSt.

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Miami Beach Adds 17th Street Garage To Class A Office Request For Proposal

Following a large response from developers interested in building Class A office space on three city-owned parking lots north of Lincoln Road, Miami Beach Commissioners this week decided to add one more option to a formal Request for Proposals (RFP) process – the 17th Street garage across from City Hall.

Eighteen developers including Design District developer Craig Robins’ Dacra, Michael Comras’ The Comras Company jointly with David Martin’s Terra, and Integra partnering with Barry Sternlicht’s Starwood Capital, responded to the City’s Request for Letters of Interest (RFLI) to build Class A office space on the three surface parking lots. It’s part of an effort to diversify a tourism-dependent economy hit hard in recent years by hurricanes, Zika, and, more recently, COVID.

Adding the aging garage structure to an RFP would allow the City to “have someone else pay for the rebuilding of that garage,” said Commissioner Ricky Arriola who raised the idea after Miami Beach Planning Director Tom Mooney suggested it. It also would open the door to a “more elegant” structure that could address concerns about a need for more height. “If we could smooth [the space] out over a greater area, we might avoid having the height issues that I think is going to be of concern to our residents,” he added.

Commissioner David Richardson said, “It’s an interesting idea and I suppose it wouldn’t hurt for us to hear solicitations, but I’m not of the belief at this point that we should surrender that piece of land right now.”

Calling it “a gateway property” leading from 17th Street to Lincoln Road, Richardson said, “There have been many discussions over the years about ways to open up the funnel” from the Miami Beach Convention Center to Lincoln Road. “I do agree the parking structure is coming to the end of its useful life” but he expressed concerns about the amount of parking that will be needed there in light of the request by the developers of the planned Convention Center Hotel to eliminate parking and reduce the hotel’s size as a way of increasing the likelihood of getting financing.

“Never hurts to listen but I would say it’s a pretty high bar for me to let that property leave government hands,” Richardson said.

Mayor Dan Gelber addressed “the funnel” to Lincoln Road. “It’s almost like people don’t walk that way sometimes because it feels like there’s a wall there,” he said. “We ought to be looking at ways to make that more of a gateway,” the opposite of what it is now, he said, which is “almost like a barrier.”

“Obviously, there’s an appetite for [Class A office space],” Gelber said, but added, “I’m not looking for Class A office buildings because I think it’s better to have… The goal is to diversify your economy so that you have more than just [tourism]” to rely on.

“We love our hospitality industry, but it’s not the most resilient industry,” he said. In addition to the potential to attract “knowledge-based industries, information-based industries,” Gelber said, “If we could have better office space here, you really do get people out of their cars and off the causeway… We have a huge number of residents who go back and forth” between Miami and Miami Beach.

“We don’t’ have to commit to it, let’s just see,” Gelber said.

Interim City Manager Raul Aguila told Commissioners, “This is really the time that this city has to consider some really bold planning ideas… This garage is a relic and we’ve been trying to reprogram Lincoln Lane for the longest time.” Developing the garage site would “activate that area,” he said.

Adding it to an RFP would not be binding, Aguila emphasized, but “since there’s been so much interest from high-profile developers, I think it’s just a terrific idea to authorize us to add the 17th Street garage as a developer’s option.”

He reminded them the RFP has to come back to the Commission for approval and any proposals would be further vetted by the Commission.

“I think it’s a cool idea,” Commissioner Michael Góngora said, while noting he wasn’t sure he could support it given the request for reduced parking for the Convention Center Hotel. He agreed the garage “is kind of a big block of cement.”

“From an aesthetic perspective,” he said, allowing a private developer to “make it more beautiful” is appealing.

Aguila noted the City could require as part of the RFP that a developer replace the parking. “This is to give you all an option to look at this as a holistic site.”

Both Arriola and Góngora expressed concerns about the potential of four active construction sites along Lincoln Road at one time. “Sometimes these progressive ideas are difficult to oversee and administer in real life,” Góngora said.

“If you don’t like it, you don’t have to approve it,” Aguila responded, “but I’d like to put something before you to consider.”

Commissioner Mark Samuelian who has made economic diversification one of his priorites said, “Possibilities and options are right up my alley so I will support this tonight.”

“Offices often can be a less intensive use, 9 to 5 office [hours] versus a hotel,” he said. “My gut says I’d probably lean toward the office being a little more community friendly.” Once again, he urged the City to “engage the community early and often” as long-term leases on the properties under consideration would require voter approval.

Richardson said, “What that particular area is begging for is a gateway to Lincoln Road” but, to do that, he said, “It seems clear to me you’ve got to chop off a northeast corner of the building [to] open it up.” He suggested asking developers to take into consideration the desire “to eliminate the funnel” when submitting proposals.

“This is just giving a bigger canvas for developers to come to us with a proposal,” Arriola said. “We would still own the land.”

Reiterating the Commission would have final say over the RFP that is developed and voters have the ultimate word on long-term leases, Arriola said adding the 17th Street garage is “giving ourselves a lot more flexibility [taking] an aging garage that some future Commission is going to have to deal with and get the private sector to pay for it.”

“It is a brutalist structure and it divides the Convention Center from Lincoln Road,” Arriola said. “Any design should make it a holistic integration, so I think it’s a smart move by us.”

 

Source:  RE Miami Beach

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