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Land Use, Zoning and Development

When you need a property developed with zoning or land use challenges, you hire Chiumento & Guntharp, P.A..  Our highly skilled real estate attorneys have built their careers by successfully navigating Florida's complex real estate laws and regulations and the political forces that constantly impact them.
The attorneys at our Firm have experience in dealing with:

Residential, Commercial and Industrial Development

We represent landowners in the development of planned communities and mixed-used developments (PCs). Our experience with PC issues and challenges includes land use, comprehensive planning, zoning, and Development of Regional Impact (DRI) issues, and broad-based considerations for the orderly progression of a PC’s development. We review the developer’s plan for the PC, the anticipated marketing, and goals necessary to the PC’s success and consider the legal structure of the developing entity and of the affiliated companies that offer ancillary services, such as management or brokerage. Then we can structure documents for the community’s day-to-day operations, including a master association with appropriate master covenants and restrictions and other sub-associations and covenants.

Developments Of Regional Impact (DRIs)

In the state of Florida, a development that meets or exceeds designated statutory thresholds for size and potential impact on regional resources is required to undergo review as a Development of Regional Impact (DRI). This review by state and regional agencies is in addition to the review required by the applicable local government for compliance with its comprehensive plan and land development regulations.  Our attorneys actively represent clients in all aspects of the DRI process including the Town Center @ Palm Coast DRI and the SR 100 DRI. We form an integral part of the development team to assist our clients in obtaining the necessary development approvals in the most efficient and cost effective manner.

Following approval of the DRI development order, we assist the client in structuring the sale of land and entitlements within the project, and we assist in the preparation of the required DRI annual reports through project build-out. We also undertake DRI due diligence investigations in order to identify issues and address matters which may be of concern to a prospective purchaser of DRI entitled property.
We have developed and maintain excellent relationships with the review staffs of the local governments, regional planning councils and state agencies involved in the DRI process.

Special Districts & Community Development Districts (CDDs)

A CDD is an independent local special-purpose government that can levy taxes/assessments and issue bonds. When used effectively, CDDs can help developers spread out development costs, defray the concerns of permitting agencies with respect to long-term maintenance of infrastructure and address the local government’s need to avoid politically unpopular property tax increases.  Chiumento & Guntharp, P.A. has established and provides on-going legal representation to various CDDs.  Such legal representation includes but is not limited to bond financing, permitting, construction and Sunshine Law.  We bring solutions to our clients as we negotiate a wide range of agreements with state or local agencies creating viable alternatives to conventional regulatory practices.

Condominium Law

We represent developers, owners and associations of new and converted condominiums in residential, office, commercial and landsite condominium projects ranging in size and type from small residential condominiums to large luxury residential condominiums, mixed-use condominiums and commercial condominiums. Some of our services to our condominium developer clients include:

  • preparation of applications for registration of condominium projects
  • preparation of public offering statements and applicable condominium declarations, and bylaws
  • preparation of condominium sales contracts
  • negotiation of condominium documents with applicable governmental agencies
  • processing condominium plats and plans with applicable governmental agencies
  • recording condominium documents and plats and plans
  • participating in the organization of condominium associations
  • representing developers in connection with litigation arising between the developer and the unit owners
Construction and Design

We represent owners, developers, general contractors, subcontractors, sureties, designers, suppliers, and architects/engineers in virtually all types of residential construction matters. We have extensive experience in design and construction projects including contract preparation and negotiation; contract administration; counseling; analysis and resolution of claims and disputes; permitting and code enforcement issues; litigation; mediation; dispute review board; and arbitration proceedings.

Environmental Issues

Today there are few real estate transactions that do not raise some sort of environmental issue – asbestos, underground storage tanks, PCBs, or other regulated materials. We work with non-attorney experts in the field to assist our clients to resolve these issues.

Zoning and Land Use

Real estate development is heavily regulated at the local, state and even the federal level. Even experienced developers encounter bureaucratic roadblocks which can have devastating impacts upon the timing and cost of proposed development. Our attorneys stay abreast of developments in zoning and land use law and will assist you in obtaining the various permits and approvals required in land development. Several of our attorneys serve or have served on land use advisory boards in various municipalities and have developed relationships useful in gaining access to elected officials and regulators.

Contact Chiumento & Guntharp, P.A. to put our Land Use and Development experience to work for your business.

Chiumento & Guntharp, P.A.
4 Old Kings Rd., North, Suite B Palm Coast, FL  32137 Telephone:  386-445-8900 Facsimile: 386-445-6702

 
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