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FLORIDA PLANNING A Publication of the Florida Chapter of the American Planning Association

Spring 2013

WHERE IN THE WORLD.... is Urumqi and How Did I Get Here? By Mary Kay Peck, FAICP

It’s darn near impossible for me to pass up an opportunity to travel. Ürümqi

Combine my love of travel with my love of planning and that becomes an irresistible combination. When Jeff Soule, Director of Outreach and International Programs for APA, asked if I would represent APA at a conference in Urumqi, China, I cleared my calendar even before I knew how to pronounce Urumqi or where exactly it was. As it turns out, Urumqi is pronounced oo-room-CHe. It’s a city of about 3,000,000, located in northwest China in Xinjiang Province. Xinjiang Province is the largest province in China and shares a border with eight countries, including India, Pakistan, Russia, Afghanistan and Mongolia. Because of its location, Urumqi was a major junction on the Silk Road and is home to people of many ethnic backgrounds. Urumqi and Xinjiang share that rich ethnic heritage which has resulted in Xinjiang being officially named the “Xinjiang Uyghur Autonomous Region.” The presence of active mosques gives evidence to the large number of residents who practice the Islamic religion, which


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6 8 Planners in Colombia

Ecotourism in Boya, Monte Plata, Dominican Republic

OTHER Features

9 10 12 14 16 18 A Different Kind of Canadian Visitors

Planning in the Kingdom of Saudi Arabia

Planners Have an APP for That

Reflections from a Planner in Afghanistan

Australian Planning

Proposed APA Florida Bylaw Changes

President’s Message - p.3 In Memoriam - p. 19 Section Happenings - p. 20 Law Case Update - p. 21 Consultants Directory - p. 22 Events - back page

The Florida Chapter of APA provides statewide leadership in the development of sustainable communities by advocating excellence in planning, providing professional development for its members, and working to protect and enhance the natural and built environments.



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Melissa Zornitta, AICP

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Merle Bishop, FAICP



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Laura Everitt, AICP



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Tony LaColla, AICP



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Lorraine Duffy Suarez, AICP 813-272-4685



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Ryan Morrell, AICP




Rosana Cordova, AICP



Capital Area

Terry McKloski, AICP


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Christy Johnson, AICP



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Tony Robbins, AICP



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Karen Hamilton



Heart of Florida

Amy Palmer, AICP


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Chris Bowley, AICP


Promised Lands

Alexis Crespo, AICP


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Dean Mimms, AICP


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Jay Collins, AICP



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Tod Mowery, AICP



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2 Spring 2013 / Florida Planning


By the time this goes to print two significant events will have taken place. First, the Legislature should have adjourned sine

die. I want to thank our Legislative Advocate, Lester Abberger, for the continued great work he does for us in the Legislature. With new staff in the House Committees that tend to handle our issues we have positioned ourselves to provide fair unbiased planning analysis and recommendations of pending legislative proposals. We have also continued strong continuing relationships in the Senate. My thanks go out to the superb and highly engaged work of the Legislative Policy Committee, exquisitely shepherded by Melissa Zornitta. Finally, as always, none of this is really possible without the leadership, hard work and dedication of our Executive Director, Alex Magee.

This issue of Florida Planning focuses on the contributions of Florida’s planners around the world. What a great opportunity it is to practice your profession in a foreign context. Even more fortuitous are the lessons that are learned while practicing abroad and being able to bring them back home.

Second, nearly 150 Florida Chapter members will have attended the National Conference in Chicago. It is a great opportunity

for Florida planning professionals to learn about the cutting-edge of planning practice from around the globe. Note that 23 Florida planners were among the presenters passing on their knowledge and experience. At the conference I also represented the Florida Chapter on the Chapter Presidents’ Council, where I brought the message for reform in the Great Places Program among other critical issues. And for the second year in a row, APA Florida members mingled with fellow planners and students from the South Atlantic region at a joint reception – a good time was had by all!

Speaking of “from around the globe”, this issue of Florida Planning focuses

on the contributions of Florida’s planners around the world. What a great opportunity it is to practice your profession in a foreign context. Even more fortuitous are the lessons that are learned while practicing abroad and being able to bring them back home. In these type of situations I have always found that I receive more insight, wisdom, and fulfillment than I provide.

Finally, at the last Chapter Executive Committee meeting there was a

discussion and decision to revamp the APA Florida website. The aim is to make it more useful and user friendly while adding additional functionality geared toward helping the individual planning professional. It was agreed that we do a better job in promoting the profession than we do the professional – we aim to change that!

Brian Teeple, AICP APA Florida President

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was introduced in Xinjiang in the 10th century. Last August, the newly appointed Governor of Xinjiang Province hosted an event called “One Hundred Foreign Experts in Xinjiang and One Week Supporting Xinjiang with Overseas Expertise.” To kick off his administration, the Governor invited top professionals from all over the world to bring fresh ideas to Xinjiang. Experts were present in a wide variety of fields, including agriculture, solar power, fermentation and viniculture. I was invited as a planning expert and was paired with a small group of my Chinese counterparts from Urumqi, led by the Party Secretary of the Urumqi Urban Planning Bureau. The building that houses the Planning Bureau also houses the Planning Exhibition Hall, which showcases the past and future growth of Urumqi. A lighted model of Urumqi was on display, as is common in Chinese cities. The model is so large and accurate that individual buildings are recognizable. My presentation to the Chinese planners focused on two main issues, water conservation and planning administration. The Xinjiang region is arid, receiving less than eleven inches of rain per year. I discussed water as a commodity, water quality standards and water conservation restrictions and incentives. Although those concepts are standard operating procedure in the United States, that is not the case in China. The second part of my presentation addressed best practices for planning administration in the United States. I explained the typical local government structure and the role of the planning department, both within the organization and outside of it. I concluded with a number of best administrative practices, including clear regulations, streamlined processes, automation and customer centric service. There are a few observations that I would like to conclude with, based on my trip to Urumqi and my previous China experience. First and foremost, planning in the U.S. and in China reflects the unique political history and beliefs of each country. Planning in the U.S. is based on our democratic roots, citizen participation and a balance between the public good and private property rights. Planning in China reflects its communist heritage and beliefs. Planning is top down, emanating from the central government, and centers on the economy.

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Planning directors are appointed members of the communist party. Planning commissions, public hearings and citizen participation aren’t part of the Chinese planning process. Second, China and the United States have both experienced historic, rapid urbanization. The rural to urban movement in China is the largest—and quickest—since the Industrial Revolution in the United States. Both countries experienced tremendous growing pains and challenges from urbanization and industrialization. The United States went through decades of changes to address those challenges. Tenement laws were enacted. Building codes were adopted. Clean air and water quality standards were enforced. Although the Chinese have an enormous thirst for learning from other nations, they are not adopting the built and natural environment standards that the U.S. applies. Horror stories about poor water and air quality in China are legion, and true. On the other hand, China has a very strong commitment to transit, including high-speed rail, light rail, bus rapid transit and busses. Finally, let me share the reason I was asked to discuss best planning administration practices. Chinese developers complain about how long it takes to get projects approved. Some planning principles are universal. Mary Kay Peck, FAICP, is the Principal with MKPeck Associates, and a former president of APA. She can be reached at

Top picture: Scale model of Urumqi               Bottom left: Urumqi mulit-use pathway separated from street by plantings               Bottom right: Urumqi convention center

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By Marina G. Pennington

City of Barranquilla, Colombia. Source: Fotalia

Over the last 12 years, Colombia has made significant improvements in safety and security and the country is becoming a major success story in Latin America. Colombia has a very young, fast growing population and a diverse economy. Sound government economic policies and aggressive promotion of free trade agreements (FTAs) in recent years have contributed to strong economic performance. GDP has grown more than 4% per year for the past three years and the middle class has doubled in the last 10 years. Decades of leftist guerilla attacks, drug cartels and high crime rates had slowed growth and economic development in Colombia and contributed to a crumbling infrastructure. With a much improved security and economic situation, the Colombian government is now working to rebuild and modernize infrastructure and invest in social programs to sustain economic expansion. Colombia has an ambitious plan for construction of highways and rail connecting major economic activity centers with the ports in the Caribbean and Pacific Coast. The approval of FTAs and the expansion of the Panama Canal have also highlighted the need to improve port and airport facilities and the navigability of the Magdalena River to respond to increased trade activity. To help address growth and development, each major city has adopted a Plan de Ordenamiento Territorial (POT). Transportation, water, wastewater and flood prevention projects are currently planned

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or under construction in many areas of the country. Other infrastructure projects include development plans for mining and hydroelectric facilities. Housing construction is also an important part of economic activity and the government is promoting affordable housing for low income population. For many cities significant and innovative transportation systems are being planned and built providing new and alternative solutions for affordable mobility. For example, Bogota has developed one of the best public transit systems in Latin America, the TransMilenio, that mobilizes 69% of the population in the city. The system opened to the public in December 2000 and now has 11 lines totalling 54 miles running throughout the city. The TransMilenio was inspired by Brazilian Curitiba’s Integrated Transportation Network. TransMilenio consists of several interconnecting bus rapid transit lines; there are both express and local buses and the system continues to expand to serve additional areas of the City. The City has also been planning construction of an integrated transport system; the Mobility Department, with the support of the World Bank, has now selected national and international firms for the consulting design process. In 2012, Medellin was designated “Innovative City of the Year” by The Wall Street Journal, Citygroup and the Urban Land Institute. This City

has come a long way from the violent decade of the 1990s and has emerged as an important place for urban planning and innovative mass transit. The City has a modern metro system and a metrocable designed to reach some of the least developed hilltop areas of the City, a part of which includes a giant outdoor escalator that moves citizens from mountainside slums to employment and shopping centers in the valley. Medellin has also built multiple cultural facilities, such as libraries and museums in some of these neighborhoods, improving a sense of community in areas where a few years ago there appeared to be little hope for the advancement of residents. In the Caribbean region, Barranquilla, a main port city, is currently updating the POT, the Mobility Plan and the Port Master Plan. The City recently became one of four Colombian cities selected to participate in the “Sustainable and Competitive Cities” program sponsored by the Inter-American Development Bank. Other cities participating in the program are Bucaramanga, Manizales and Pereira. The Colombian Territorial Development Finance Company, Findeter, recently developed an Action Plan for each pilot city setting priorities to build sustainable and competitive cities. For planners in Colombia there is a good deal of continued on next page


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work on a variety of planning efforts; e.g., updating POTs, mobility plans, port master plans, plans to protect natural resources, historical and archaeological sites, etc. Urban Planning as a discipline in Colombia is evolving and several universities now offer specializations and masters programs. Nevertheless, planners in Colombia face many challenges as some of the planning efforts need to be better integrated with the general development plans in the communities and the regions. Planning programs are housed in many different entities at the national, regional and local government level creating some confusion. Further, planning departments have technical challenges such as data not being readily available or political pressure interfering with technical recommendations. Government entities often seek technical assistance and many large projects are planned and built by consortiums of local and foreign planning and engineering firms. The recent FTA between the US and Colombia is expected to be an important tool for increasing trade of goods and services, and, as a planner, I have looked for ways to use it. Last summer I invited Vicky Ibanez, director of the Colombo American Chamber of Commerce (AMCHAM) in Barranquilla to Northwest Florida. I set up meetings in Tallahassee, Port St Joe, Panama City and Pensacola and visited the ports in this region. Enterprise Florid a’s Trade Mission to Colombia took more than 190 business representatives to Bogota in December 2012 to promote economic development opportunities. A smaller group also attended a spin off Trade Mission to Barranquilla and visited the ports in the Caribbean region to explore business opportunities. In 2013, I have now invited Elsa Noguera, the Mayor of Barranquilla to come to Tallahassee in mid-May and hope to continue to strengthen the trade connection between the two regions. As Florida planners, we have a lot to share with planners in Colombia; our geographical proximity and large bilingual professional population makes collaborative efforts much easier.

Clockwise from top: Port of Barranquilla, Colombia Source: ProBarranquilla, NEW ERA IN THE STATE OF ATLANTICO 2013 Elsa Noguera, Mayor of Barranquilla, Colombia Source: Alcaldia de Barranquilla website TransMilenio system, Bogota, Colombia Source: De Colombia a Casa Blog, El Arte de TransMilenio

Marina G. Pennington is a Community Planning Consultant and can be reached at marina.pennington@ She is originally from Barranquilla, Colombia.

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Culture & Cacao: Eco-tourism in Boyá, Monte Plata, Dominican Republic By Matthew DeSantis, FSU


t all started long before I arrived. In early 2010, the potential to develop the sleepy little Dominican town of Boyá, in the province of Monte Plata, arose quite serendipitously. A Dominican NGO (Instituto de Desarrollo Integral), partnered with the country’s largest and oldest chocolate producer (Cortés Hermanos) and a Santo Domingo-based tour operator, successfully received a US$330,000 grant to develop this town into an eco-tourism destination. The plan is centered on a building complex that has just finally begun construction: a visitor welcome center, an industrial kitchen to produce chocolate, and a community center. The grant, however, hinged on the creation of a local community cooperative to serve as the direct beneficiary of the funding. During this process of forming the cooperative, the Peace Corps was petitioned by the community for a Volunteer to assist in the capacity building and overall management of the co-op. This is where I enter the story. As a Masters International student at Florida State University studying Urban and Regional Planning, I arrived in the Dominican Republic in August of 2011 to begin my Peace Corps service. After two months

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of training, I received my site assignment to work with this community and have been living and working in Boyá ever since. I have continually found my planning education to be a great resource for me here as I encounter many of the typical challenges planners face: building community trust/ support, educating and involving various stakeholders, and maintaining open communication. The town of Boyá has a long and colorful history. Founded by the indigenous Taíno people before Spanish colonization, this small community of currently just over 1,000 people can be found on the earliest of Spanish colonial maps of Hispañola. After the Taíno Revolt of the early 16th century, most of the remaining Taíno people resettled in Boyá. In 1540 the Spanish built a church in honor of the wife of the Taíno rebellion leader Enriquillo. The church of Nuestra Señora de la Agua Santa has endured centuries of earthquakes, hurricanes, dictatorships, and invasions to continue to serve as the heart of the community of Boyá. It is a well-known icon in this area, and frequently receives curious visitors as they happen to pass by. With this unique asset, Boyá has the capacity to offer tourists, Dominican and foreign alike, a different option from the typical “sun and sand” destinations that the Dominican Republic is most famous for – a chance to come in contact with a part of the island’s rich history that most people are not well acquainted. The hope is that through this charming and unique small town, multitudes of people can be introduced to a different side of this beautiful country. In addition to the historic draw of the community, cacao (or cocoa) is also another principle factor in the project. Cortés Hermanos, with its rich chocolate making history, has partnered with the community in working to encourage cacao production in and around Boyá. Cacao trees offer sustainable agriculture (with proper care they can produce for 80+ years), are a boon to the natural environment, and provide a potentially strong source of income when small farmers associate their operations in unison. At the moment, the cooperative operates a small nursery for cacao seedlings that has been very successful and is continuing to grow, offering income for the cooperative and a source of employment for the community. In the longer term, one of the strengths of the project will be the ability to prepare and serve chocolate to visitors that has been created from cacao grown right here in the community. I look forward to returning, many years after my service, to (literally) enjoy the fruits of our labor here! Matthew DeSantis is a Masters International student at FSU studying planning and is currently serving as a Peace Corps Volunteer in the Dominican Republic. He has been in Boya for a year and a half working primarily with a community cooperative and their fledgling cocoa nursery. He can be reached at

A D i f f e r e n t Kind of Canadian V isi tors By Tom Deardorff, AICP county that has retained its small towns along with a strong agricultural base, Polk County provided an excellent setting to highlight some of the challenges and issues related to rural planning, e.g., providing city services under fiscal constraints or land stewardship and conservation within an emerging megaregion. Logistically, it also helped to be centrally located between the Orlando International Airport and Dunedin, the Our Canadians friends enjoying a spring training game after spring home of the Toronto Blue Jays. the tour. (The Blue Jays won.) The Polk County Office of Planning and Canadian visitors in Florida are commonplace, Development, with assistance from the Central Florida Planning Council, was able to arrange a but a group of Canadian planning students touring small towns and rural places is definitely diverse tour that allowed the planning students and faculty to interact with working professionals not the norm. Over three days in early March, in local government and the agricultural sector. 15 students and 2 faculty members from the The itinerary included visits to the cities of School of Environmental Design and Rural Haines City, Fort Meade and Frostproof. It Development at the University of Guelph (near Toronto) toured various locations in Polk County. also included a meeting with representatives of the Polk County Farm Bureau, a visit to the The tour itinerary reflected the focus of the Lightsey Cattle Company to hear about awardplanning program at the university, namely winning land stewardship practices, a stop at rural and small town planning. An urbanizing

Bok Tower Gardens for a presentation on their land conservation plan, and a tour of the Peace River Packing House in operation. Another tour highlight was a visit to Streamsong – a new world class destination resort being constructed by Mosaic that showcases some exciting possibilities related to post-reclamation land uses and nature-based recreation. All of the listed communities and groups proved to be gracious hosts. Our visitors appreciated the southern hospitality (and the warm weather), but they were also thankful for the local planners who helped serve as tour guides. The tour provided an opportunity for the students to interact with planners already “in the field�, to hear about both the mundane and interesting facets of land use planning. As hosts, the tour provided an opportunity to appreciate how some planning issues are the same for small towns everywhere, as well as, a chance to learn more about our own county. Tom Deardorff, AICP is the Growth Management Director for Polk County and can be reached at

Spring 2013 / Florida Planning 9

Camel in a Pickup Truck

Arabian Gulf

Planning in the Kingdom of Saudi Arabia By Robert Massarelli, AICP

Road Side View

Water Tower Knobar Kingdom Tower Riyadh at Night

Dust Storm

Al Faisaliyah Center

Welcome to the Kingdom of Saudi Arabia, a country of interesting contrasts!

In January, one can expect freezing temperatures and even snow in the northern areas. In the summer, temperatures of 110 to 115 degrees are not uncommon. The humidity in Riyadh, the capital located in the interior of the county, will be 10% in the summer while on the coast the humidity can be very high. You will go for months without seeing rain and then the streets of a major city can be flooded. The first traces of human occupancy appeared 15,000 to 20,000 years ago. Yet today over half of the Saudi population is under the age of 25. The Kingdom has the largest oil reserves in the world making Saudi Armco the world’s most valuable company creating incredible wealth while there are laborers that make $133 a month. History of Planning in the Kingdom During the Pre-Establishment Period from 1900 to 1930, Saudi Arabia was transformed into a country. Riyadh went from an oasis settlement to a walled city. From the Establishment Period to 1970, Riyadh grew from 27,000 to 350,000 people. In 1968, Doxiadis International was commissioned to prepare a comprehensive master plan, which established a grid pattern of development for Riyadh. Through the oil boom period (1970 to 1990), Riyadh grew to 2 million. The City’s land area grew from 85 square kilometers in the 1960’s to 1,700 square kilometers in 1986. SCET was commissioned in 1976 continued on next page

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to review the Doxiadis master plan and they produced a revised plan with a planning horizon of 1990. Riyadh still found it difficult to keep up with the demands of growth and, in 1985, the country’s Council of Ministers ordered a two year kingdom-wide freeze on all urban development. In 1989, two urban boundaries were established in Riyadh, creating a phasing of expansion. The fourth period of development is the Post Oil-Boom Phase from 1990 to the present. Current Riyadh population is just over 5 million people and the area is 1,782 square kilometers. The provision of infrastructure became the main concern. In 1996, the Ministry of Municipal and Rural Affairs initiated the Metropolitan Development Strategy (MEDSTAR) project to provide a 10 year plan to meet those needs. Today, Riyadh faces many challenges that were not present during these four development periods. These include climate change, globalization, the need to create a sustainable society, economic development and diversification, and meeting the social needs of a population that is growing more diverse in age. To meet these challenges, the High Commission for the Development of Riyadh, among other things, recently completed an Infrastructure Coordination Plan that recommended 20 strategies to improve coordination among the various infrastructure providers to address current deficiencies and to meet future demands. Contrast with U.S. Planning While the planning profession has universally accepted practices, each country has different conditions that impact how those practices are implemented. Saudi Arabia is a good example of how sharply different those conditions contrast with the U.S.

Absolute Monarchy Saudi Arabia is an absolute monarchy. The king heads the legislative, administrative, and judicial branches of government. There is an advisory body, the Council of Ministers, also called the Cabinet, made up of twentytwo government ministries. The ‘legislative body” is the Consultative Council (Majlis Al-Shura) whose 150 members are appointed by the king who recently expanded it to include 30 women. The Kingdom’s judicial system is based on Islamic law (Shari’ah). The King is at the top of the legal system. He is the final court of appeal and can issue pardons. In October 2003, the cabinet approved procedures for the election of half of the members of the municipal councils, as a start towards greater participation of the citizens in the governing of their country. Except at the municipal council level, no one is running for reelection. Public Participation Public participation is limited. Public participation has been improved recently. There are public notices, public meetings and public hearings. However the final decisions are made through the Ministries, Municipalities, High Commissions and Committees and ultimately the King rather than the public. Government Subsidies Many of the economic factors that influence decision making in the west do not exist in the Kingdom. Energy costs are heavily subsidized. The cost of premium gas is $0.61 per gallon. That subsidy works its way throughout the economy. Half of Saudi Arabia’s potable water comes from desalinated water. The true cost of that water is not reflected in its price ($0.22 to $0.37/1,000 gallons). You will find the same for electricity and, in reality, everything else. continued on page 15

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Planners Have an APP for That

By Andre Anderson, AICP, LEED AP

APP FOR THAT The future promises new challenges, a growing population, a constantly changing landscape, and a critical need to more effectively manage our land and limited depleting resources. These are but a few of the greatest challenges we face,which is a worldwide reality that requires a lasting innovative response.

It starts with an app and real-time intelligence that is fed into the system, and, through an interconnected blend of technological planning innovations, enables us to make better decisions. Decisions that are smarter, quicker, and infinitely more agile. Through these planning apps, we are able to do more with less to improve accuracy, productivity, and operational efficiency. We are able to design faster, collaborate with thousands of people, and build a variety of community-based scenarios to model and ultimately improve the quality of life. Planning Innovations In the age of digital technology and mobility, it has become increasingly important that planners be on the cutting edge of problem solving through innovation. As planners, we stand ready to address a variety of planning challenges and when asked, should respond, “Planners Have An App For that!” That is the theme for the 2013 APA Florida Conference, which is based on the idea of incorporating innovation and technology into the everyday planning practice across the state, the nation, and even the world. New and emerging technologies are changing how we communicate, expanding access to data and information, and transforming how we understand and navigate our communities. The theme takes advantage of the many social media and other app-centric planning tools, which are revolutionizing the planning practice. The conference will focus on how the application of planning principles, ideals, and processes have been changed by technology, and asks the following questions. How has the social media boom influenced planning practices? How have internet access and technology influenced permitting practices? How have recent economic changes required us to be more efficient?

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Mobile APP This year’s conference promises to be the best one yet and the most accessible! Why? We are going MOBILE! To match our theme “Planners Have An App For That!” APA Florida will be unveiling its first mobile app for you to use before, during, and after the 2013 Conference. YES, that’s right, we will be launching a user-friendly mobile app, so you can register for the conference and hotel; check conference sessions and speakers; create your personal conference schedule on your mobile smart device calendar; connect with attendees through the built-in social media; lookup the conference sponsors and exhibitors; as well as receive real-time conference updates. All this from the palm of your hand. Look for more announcements about the mobile app on eNews & Notes in the coming months. Sessions To keep with the conference theme, we spent the past few months developing and refining the conference tracks and logos to relate to technology, innovation, and the internet. What we developed are six conference tracks that are sure to spark a lot of thoughtful discourse. iMove.2K13 is all about creative and resourceful approaches in transportation. Presentations will focus on projects and techniques that exemplify innovation for coordination, implementation, and performance. iPromoteLivableCommunities shifts the discussion to how we develop our communities and our world without jeopardizing the needs of future generations. We will see presentations on how to retrofit aging corridors and sprawling suburbs to maximize infrastructure, as well as topics planning for healthy communities, the environment, and rural areas. iCommunicatePlanningIdeas is important to ensure effective and meaningful outreach and public involvement. Various outlets for information sharing include social media, websites, e-mail, and meetings. You will hear

September 10-13, 2013 / Rosen Centre, Orlando from planning experts as they share their own successful communication approaches with technology. Are you following trends on housing, people with disabilities, aging in place, food systems, social, economic, and political changes? If you answered “No” to any of these, then you should consider attending one or more of the iAmAware conference track sessions. Effective planning stays ahead of the curve and prepares for tomorrow’s planning needs. iBuildPropsperity takes a look at economic development, public-private partnerships, and investments to build a thriving economy and the employment base. We will hear presentations on the latest innovations in transit-oriented development, Main Streets, tourism, and regional economic development. From Baby Boomers to Millenials, people are searching for unique or special places to live, work and spend leisure time. That’s what iInspireGreatPlaces is all about. Hear how a Borrow Pit was transformed into a World Class Rowing venue. Or hear from national experts on form-based codes and how they can work in your community, to inspire great places. Keynote Speakers Our slate of Keynote speakers reads like a Who’s Who in the world of social media, transportation communication, urban design and placemaking, scenario-based planning, visualization, and decision-support tools. The conference will open on Wednesday, September 11, with Mary Hamill, President & CEO of Global-5 Communications, the nation’s premiere transportation communications firm. The transportation industry is the “backbone” of our economy. America’s rail, transit, highways, airports, seaports, and spaceports keep us competitive, but that’s a very complicated story to tell. Mary will share how social medial and other technology improves our public communication strategy. At our luncheon later on Wednesday, we will hear from state and national award-winning planner, author, and professor, Uri Avin, FAICP, Director of the Planning and Design Center at the National Center for Smart Growth at the University of Maryland. Uri’s work has received nine national and 21 state awards. He will discuss scenario-building and visioning using visualization and mapping technology tools. Thursday’s luncheon will be “Two for the Price of One!” We will hear from two national experts on various technical and non-technical tools for community design and decision-support systems. We will have a mini-panel with Ken Snyder, President & CEO of PlaceMatters and Paul Patnode, AICP, Planning Technology Consultant with Maryland National Capital Park & Planning Commission. The Conference ends on Friday, with James L. Sipes, ASLA, founding principal of Sand County Studios. Jim is an award-winning environmental planner, urban designer, landscape architect, and writer. He has written several books, and is well-known for Digital

Land: Integrating Technology in the Land Planning Process (John Wiley & Sons, 2007) and his latest books, Creating Green Roadways (Island Press, 2012) and The Bayous of Houston (Arcadia Publishing, 2012). “The City Beautiful” The 2013 APA Florida Conference, which will be hosted by the Orlando Metro Section, will be held in The City Beautiful, Orlando! Come join hundreds of your closest friends as we get Mobile and take in all the sites of the county seat of Orange County and the center of the Greater Orlando metropolitan area. For the outdoors types, you can go on a canoeing adventure on Shingle Creek, go on a bicycle ride on the West Orange Trail, or visit a real working ranch and agricultural operation of more than 40,000 head of cattle and thousands of acres of citrus groves and timber production. Visit central Florida’s model city for multi-modal planning and downtown redevelopment, see Orlando’s Medical City, Downtown Venues, or Winter Park’s “West End” - Hannibal Square. Of course, one of the best reasons to attend APA Florida’s conference is the networking and a chance to re-acquaint yourselves with your colleagues from around the state. After a long day of learning the latest technology and planning innovations, we have evening receptions planned for you to unwind and re-energize for the next day’s activities. You will get a flavor of both “local and “tourist” Orlando on Wednesday and Thursday night. For more information, visit us at

Mark your calendars to attend this year’s conference. Spring 2013 / Florida Planning 13

Reflections from a Planner


Photos: (Top) A common mode of transport in a truly multi-modal city, with air so thick sometimes you can chew it. (Bottom Left) Linear park in Kabul. (Bottom Right) The curb is in relatively good shape for Kabul public infrastructure.


here are a lot of miles (kilometers) between my first planning job and my current location in Kabul. The path has been possible because of the comprehensive perspective my planning education and experience provide me. Much of what my job now requires is not really planning practice, but its built on the skills and knowledge gained throughout my career. If you accept that planners get paid so that decisionmakers can be informed to make good decisions, as I wrote in my masters’ thesis, then yes, I am still a practicing planner. Jay Stein once asked me to tell his planning students what skills were most valuable to me in my professional career. Perhaps some of you reading this will recall when Jay invited me to speak to his UF planning students. That was over 20 years ago, and my mid-career answer that day was not as well-thought out as I hope the following reflection will be today. First – follow the money and understand how that works. Whether working international development as I do today, or local zoning as I did almost 40 years ago, I firmly believe the economics of the built environment must inform good decisions. I observed corrupt practice on that first job, just like I see it here in Afghanistan now. The only difference is the scale, a few hundred dollars back then and a few hundred million now. If this interests you, visit the Special Inspector General for Afghanistan Reconstruction website at < http://www.sigar. mil>. I am quoted in SIGAR-Audit 13-2, but thankfully not named. By the way, the “personality clash” referred to in the report between my task order manager and the director general of the national utility’s Kandahar Division was actually a direct death threat by armed thugs to my staff, and my immediate decision to bring the staff back to Kabul at a critical time in the project was fully supported by my client USAID,

14 Spring 2013 / Florida Planning

the US Embassy Security Office, and the CEO of DABS (the Afghan national utility). Be assured that I informed the SIGAR investigators of that during my testimony, but that fact did not make the report (and really disappoints me). Second – project management skills are essential. If you can manage scope, schedule and budget for your assigned tasks, you will be successful. This part of my work carries the most frustration and the most satisfaction. Again, the difference is scale. My career has gone from junior planner with a handful of colleagues and assigned tasks in a small office, to program manager with responsibility for the performance, security and life support of several hundred employees and monthly expenditures over $10 million operating in an often inhospitable environment. Along the way, the lessons learned from my managers, both good and bad, gradually grew my capability. In retrospect, more and better mentoring and taking formal project management training earlier in my career would have made a significant difference in my ability to deliver. Seek good mentoring early, and return the favor later. As Sir Winston Churchill said, “We make a living by what we get, but we make a life by what we give.” Churchill’s wise words are a good closing for me. A parting word of advice, if you are interested in working internationally try to pick better places than where you might get shot at occasionally - but do not be afraid to try that too. From Kabul, all the best to the Florida planning community! David Van Horn, AICP, is currently the Country Manager, International Development Programs, at ECC in Kabul, Afghanistan. He can be reached at

Some websites for your consideration. (click on Infrastructure)


continued from page 11

Capital Projects The Kingdom is using the profits from the sale of oil to meet many of its basic needs. One area that is receiving a lot of investment is infrastructure. This includes high speed rail, metro and light rail projects in several cities, industrial cities such as Jubail, and alternative energy sources. While the backlog of infrastructure deficiencies grows in the US, several billions of dollars are being invested in Saudi Arabia. Globalization of Planning With the large investments in infrastructure, there is a great demand for planners. This has caused a large influx of planners from around the globe, creating a situation where the planning practices of each country are brought together and meld together into one package. This does create an interesting effect when, for example, several different sustainability rating systems are discussed. The Future Saudi Arabia is a country facing numerous challenges ahead. Current demand growth for electricity and water is unsustainable. The young population will need jobs and housing in the very near future. Hydrocarbon will continue to be a significant source of revenue for many decades. How the Kingdom plans for these factors will not only impact Saudi Arabia but the global economy. Robert Massarelli, AICP, is a Principal Technologist for Master Planning at CH2M HILL. He has been working in Saudi Arabia for the past year preparing an Infrastructure Coordination Plan for the City of Riyadh, a master plan for Ras Tanura and the northern coastal area of the Eastern Province for Saudi Aramco, and an Urban Integration and Planning Assessment of the proposed eightyeight stations of the Metro for Riyadh. He is a member of the APA Florida Legislative Policy Committee and the Sustainability Committee. He can be reached at

Share Your Travels with APA FLORIDA The Chapter is offering a brand new place for members to communicate and share their planning observations. All professionals tend to look at the world through the lens of their professional training; planners are no different. We go to a new place and immediately start looking at the things we’ve been trained to see, be it transit systems, bike paths, environmental areas and even utility distribution infrastructure. We can’t help ourselves! Our newest section is a Google Blog where members will be able to submit articles about their travels outside of Florida and share their planning observations with their colleagues. Pictures are encouraged and needed...finally you can justify taking those pictures of interesting buffer areas with a good explanation to your family and friends. See the link below to read a few submissions and give some thought to what you might like to share from your summer vacation! APA Florida Blog:

STAY IN TOUCH! Don’t miss out on any issues of Florida Planning or the electronic Chapter/Section newsletters because you have moved or changed jobs. Update your contact information at today!

Spring 2013 / Florida Planning 15

Sydney Harbour Bridge

Brisbane waterfront

Australian Planning By Patti McKay and Neil Sipe


ustralia is one of the most highly urbanized county’s in the world with 89% of its population living in urban areas and 85% living within 30 miles of the coast. The country has 22.6 million people in a land area of 2.9 million square miles. Florida by comparison has 19.3 million people, which is slightly less than all of Australia, in 1/50th of the land area. Governance in the five states and two territories of Australia is undertaken by cities and shires, whose geographical boundaries do not overlap like counties and cities in Florida. Public services such as education, public housing, emergency services and police are provided by state government. One of the most significant differences between America and Australia is distinction between Capital Cities and everywhere else. In Australia, everyone wants to live in a Capital city or be close to one. This means that it is difficult to get people to live in smaller cities and migration patterns generally reflect this trend with people moving from the ‘bush’ areas to a Capital City.

16 Spring 2013 / Florida Planning

Like the U.S. there is very little national level involvement in planning – that is primarily the domain of the states and territories. Throughout Australia there are effectively two levels of planning – state and local. However the details of how planning is done varies from state to state. Queensland is the only state in Australia that has statutory regional plans, however the plans are created and administered by the state. One of the unique features of the South East Queensland Regional Plan (which contains Brisbane City Council – Australia’s third largest city) is an urban footprint similar to Portland, Oregon’s urban growth boundary. This Regional Plan is one of the few statutory regional plans in the world. Some other interesting differences in how planning is done in Australia include: • Australian states and territories operate within a high level of regulation. Planners are involved in all levels of development assessment (current planning/permitting) and all changes must get planning approval. Even very minor changes such as house

additions, deck extensions, adding a fence are regulated and must seek development approval. This level of planning approval means that Australia has lots of planners. For example, Brisbane City Council with a population of 1 million employs 220 planners, while Hillsborough County with a slightly larger population of population 1.2 million employs only 45 planners. • Commercial development can be challenged by planners based on whether the need for additional retail/commercial space has been determined based on market evidence. For example a shopping centre developer, can challenge the need for a new competitor shopping centre. The result of this ability to challenge market need is reflected in the amount of retail space in Australia which, on a per capita basis, is 1/10th that of the U.S. • Planning education is undertaken almost exclusively at the undergraduate level, as continued on next page


continued from page 16

is most professional education in Australia including law. • Property rights are important here (but maybe not as visible as in the U.S), and are dealt with primarily through compensation provisions with the state’s planning legislation. Many readers would be aware of the Brisbane floods that occurred in January 2011. From a planning perspective there are a number of things to note: • A small community, Grantham, with a population of 370 was severely affected by loss of life and destroyed homes. The Queensland government decided to talk the bold move to relocate the town to higher ground by providing landowners with a voluntary swap of land. • Brisbane City Council instituted a property buyback scheme for homes that were located in areas with a 50% chance of annual flooding. In response to numerous severe weather events (bush fires, cyclones, flooding) across Australia and global concerns about climate change, the federal government has taken leadership through the Department of Climate Change and Energy Efficiency which is focusing on: reducing greenhouse emissions; promoting energy efficiency; adapting to climate change impacts; and helping to shape global solutions. One outcome from the Department of Climate Change has been the carbon-pricing scheme, introduced on 1 July 2012. It requires businesses emitting over 25,000 tons of CO2 equivalent emissions to purchase emissions permits. These permits are currently priced at $23/ton.

Photos: Top left: Brisbane’s Central Business District Upper right: Melbourne’s Flinders Street Train Station Middle left: Sydney’s Opera House Bottom left: Brisbane’s Southbank Parklands Bottom right: Outback Australia     

Dr. Neil Sipe is an Associate Professor, Griffith University and Assistant Director Urban Research Program, Brisbane, Australia. Patti McKay is a public sector planner in Australia and former Executive Director of 1000 Friends of Florida.

Spring 2013 / Florida Planning 17

Announcing Proposed APA Florida Bylaw Changes Every two years, a Bylaws Committee, chaired by the Chapter Secretary, is appointed by the Chapter President to review the Bylaws and identify any changes needed. In September 2012, the current Bylaws Committee was appointed and chaired by Lorraine Duffy Suarez, AICP, APA Florida Secretary. Based on the work of this committee, the APA Florida Executive Committee proposes the changes to the APA Florida Bylaws as summarized below. The actual changes are posted on the APA Florida website at These changes must be approved by the membership; ballots will be included in the Summer issue of Florida Planning, anticipated to be mailed out in early July. Article III. Definitions • Immediate Past President deleted since it is included in the term “Chapter Officers”. Article IV. Chapter Sections • Specify that “Section Only” members cannot hold either Section or Chapter office. Since Section Chairs are part of the Chapter Executive Committee, they must be members of the Chapter. Article VI. Chapter Offices and Terms of Service • Add Immediate Past President as an Officer; and • Clarify that successor serve until the next “regular” election cycle; and • Clarify that the terms of service limitation is applicable to a particular office not ANY officer position. Article VII. Duties of Officers • Changed title of “Duties of Officers” to “Duties of Executive Committee” since the Article included non-officer positions; and • Added duties for the Immediate Past President position;and • Expanded Vice-President of Membership Services duties to keep it more in line with the duties of other officer positions; and • Vice-President Professional Development; deleted duty to oversee the Certification Maintenance program since that is a duty of the Vice President of Certification Maintenance. Delete reference to Ethics Committee since none exists; and • Vice-President of Certification Maintenance: deleted role as Chair of ad hoc Certification Maintenance Committee since it is proposed to delete that committee in Article IX; and • Treasurer; added Chair of Financial Planning Committee to be created in Article IX. • Added duties for Section Chairs with respect to their role on the Executive Committee.

18 Spring 2013 / Florida Planning

Article VIII. Elections • Teller Committee: delete requirement that ballots are delivered to the Committee since electronic voting is now used. Article IX Committees • Executive Committee: delete term “Immediate Past President” since it is included in the term Chapter Officers; and • Certification Maintenance Committee: deleted as a standing committee. It can be constituted as an ad hoc committee as needed. • Added a Financial Planning Committee outlining membership and duties to establish a link between annual budgeting and planning, the Strategic Operations Plan and the long-term financial health of the Chapter. Article XI. Financial Management • Clarified that financial reports can be provided more frequent than quarterly. Currently, they are provided monthly. If you have any questions about the proposed changes, please contact Lorraine Duffy Suarez at

In Memoriam

Kevin R. Tyjeski, AICP, CNU, LEED-AP 2013, APA Florida was saddened to learn of the loss of Kevin Tyjeski, City of Orlando Deputy Economic Development Director. Kevin passed away unexpectedly at his home of heart failure. Kevin graduated from Iowa State University, BS, CRP, the University of Wisconsin-Madison, MS, URP and Rollins College, MBA. Before joining the City of Orlando, Kevin worked in both the public and private sector in Wisconsin and Florida, including Donohue Engineers & Architects in Madison, the City of Ormond Beach, and Universal Studios Florida in project development. Beginning with the City in 1995 as Chief Planner for the Comprehensive Planning Division, he led the effort which resulted in Orlando being designated a “Certified Community” under the Local Government Comprehensive Planning Certification Program. The City, through Kevin’s deft guidance, has maintained its Certified status to this day. Kevin became City Planning Manager in 2003, overseeing all major development proposals in Orlando, ensuring that they remained true to the City’s Vision. In this role, Kevin was intimately involved in establishing and enforcing the policies and development guidelines for Orlando’s Baldwin Park, one of the best and most successful new urban developments in Florida, and perhaps the nation. It has been visited and studied as a model for large scale, mixed-use, walkable communities by planning, development and urban design experts from the United States, Great Britain, Australia and Canada. Kevin obliged all requests for tours and freely provided his in-depth analysis to both students and interested design professionals of what worked well, what did not work so well (like any community, it is not perfect), and what could have been done better. Kevin had been writing a history of the development of Baldwin Park from its early days as the Orlando Naval Training Center, though the base closure and redevelopment process including the last 10 years of implementation. His wife, Patricia Tyjeski, has asked Paul Lewis, Orlando Chief Planning Manager, and me to complete Kevin’s book on Baldwin Park. We have accepted that charge and will diligently work to provide this important work to the planning profession. Kevin was promoted to Deputy Economic Development Director in 2011. Even as Deputy Director, Kevin remained intimately involved in developments that would reshape the City. Because of his perpetually calm demeanor and extensive real-world knowledge of what works and what does not work, he was able to educate citizens, public officials and developers into like-mindedness regarding project principles, strategies and design implementation. Kevin was passionate about city planning and in particular the new urbanism. In the early 2000s, Kevin, along with several other local planners and designers, began holding monthly discussions regarding creation of a local chapter of the Congress of the New Urbanism (CNU). These meetings led to Florida becoming the first State Chapter of CNU in 2003. The first three State Chapter conferences were held at Rollins College, 2005-2007. The local “Orlando regional section” still meets monthly to learn about

By Rich Unger, FAICP

local projects and trends in new urbanism. He was a regular attendee and presenter at Florida Chapter and national APA conferences, and he served on our Chapter Legislative Policy committee from 2006 through 2010. Kevin served on graduate advisory boards for the University of Central Florida, Rollins College and the University of Wisconsin. From 2002 through 2011, Kevin served as an adjunct professor at Rollins College in Winter Park, Florida, teaching community planning and design, and his efforts helped in the creation of Rollin’s Master of Civic Urbanism program. Upon hearing of Kevin’s passing, Rollins’ Dr. Bruce Stephenson wrote, “Kevin was a great teacher, instilling neophytes with the idealism and skill to envision a world that was safer, more sustainable, and beautiful.” Kevin was a devoted husband to his wife Patricia (“Pat”), also a professional planner with Littlejohn Engineering (Kevin and Pat met in Ormond Beach, where they were both city planners), and father of two beautiful and talented boys, Nico, 17 and Andres, 15. His family would no doubt admit that his life’s passion was planning and good urban design, often to the chagrin of his sons. Kevin’s family vacations included time for photography of buildings, streets, sidewalks, open space, parks, and “third places” that portrayed examples of good and not so good community planning and design. Kevin truly enjoyed sharing “third place” experiences with friends, family and colleagues. If Kevin were to impart his key to making communities better it would be: Establish a Vision with sound, community-based guidelines. Stick to the Vision and pay attention to detail. Be careful, but not too careful, because creativity often just happens. Kevin’s friends at the City of Orlando have established the Kevin Tyjeski City Planning Scholarship to provide funding for students pursuing a degree in city planning at UCF and Rollins College. Please make any donations to the scholarship to Strengthen Orlando, Inc., attention Paul Lewis, P.O. Box 4990, Orlando, Florida 32802. Richard W. Unger, FAICP, is Principal at Community Planning Advocates and a former President of APA Florida. He can be reached at

Spring 2013 / Florida Planning 19

APA Florida

Section happenings! Emerald Coast Section: In January the Emerald Coast Section participated in a LEED 101 training in Pensacola. As part of the training, the section toured the Escambia County Central Office Complex. With one of the largest green roof systems in the State of Florida, the facility is being counted among one of the most eco-friendly structures in the entire county. The training was conducted by Kelly Wieczorak AIA, LEED AP BD+C, Director of Sustainable Design at Bay Design Associates Architects. In April the Emerald Coast Section headed out on a LEED ND walking tour of downtown Pensacola. The attendees explored both new and historic neighborhoods that demonstrate the standards outlined in LEED ND such as a mix of land uses, compact design, and walkability and examples of better patterns of development for Northwest Florida. Attendees also looked at vacant and underutilized properties and envision the potential for new development following sound planning principles that promote walkability, connectivity, and people-friendly design. The tour was led by downtown resident Christian Wagley who spends much of his time exploring and pondering the sustainable elements of Pensacola’s older neighborhoods.

First Coast Section: The First Coast Section facilitated a pair of Local Planning Agency Training Workshops March 6 and April 3 in St. Augustine. The Section wished to help First Coast planning commissioners and zoning board members learn the techniques needed to listen carefully, communicate clearly, act ethically, and conduct orderly and productive public meetings. There was terrific response with representatives from all over the Section attending, with particular good attendance from the more rural and small communities. Publishing costs for the Workshop Handbook was provided through an APA Florida Section Grant. The response from participants has been overwhelmingly positive. The Section will conduct an evaluation of the event and decide whether or not to make it an annual event.

San Felasco: The San Felasco Section sponsored an AICP Prep Short Course led by Henry Bittaker, AICP and Susan Coughanour, AICP on March 15th. There were 13 participants at this event which was held in Gainesville at the North Central Florida Regional Planning Council. Section Professional Development Officer, Leslie McLendon, AICP, has organized an AICP Exam Study Group that has been meeting twice a month, since January, to prepare future AICP members for the upcoming May and November exams. Section Chair Doug Robinson resigned on March 20th and has relocated to Miami where he has taken a position with Miami-Dade. Dean Mimms, AICP (previously Chair-Elect) will serve the remainder of Doug’s unexpired term. Christian Popoli, Section Officer At Large, resigned on March 27th and has relocated to Jacksonville. The San Felasco Section held a General Membership meeting on April 24th for the primary purpose of amending its by-laws so that future elections of Section officers will be held by August rather than by the end of the year. This change is needed for consistency with APA Florida Chapter ByLaws requirements. The Section has hosted four APA Webinars since October 2012, and on June 5th will host “Pedestrian and Bicycle Planning” and “Planning Law Review” on June 26th.

Sun Coast Section: Are you on Facebook? If so why not “Like” the Sun Coast Section. The SCS Facebook page provides you with information about great planning and social events happening around the Bay Area as well as interesting news articles from the planning world and beyond. Just search “Sun Coast Section - APA Florida” and get connected to your Section! By “liking’ the page you will learn about great events such as “Urbanism on Tap”. The regional chapter of the Congress for the New Urbanism (CNU Tampa Bay) and The Urban Charrette have launched, a series of community events in which citizens can engage in constructive conversations about current issues facing the Tampa Bay metropolitan region. Presented in an open-mic format, the events will be a bi-monthly source of free-flowing discussion about how Tampa can continue to grow as a progressive, competitive and vibrant city. Presented in a series of three events at a time, the goal is provide a forum for diverse members of the community to work together to address issues in our city. The next event will be held on May 14th with another to follow later this summer. To learn more visit CNUTampaBay!

20 Spring 2013 / Florida Planning

LAND USE & PLANNING: Law Case Update

by: David Theriaque, Esq.

Wendler v. City of St. Augustine, Florida, 38 Fla. L. Weekly 622a (Fla. 5th DCA 2013) The Wendlers purchased property in St. Augustine, Florida, which contained seven (7) residential structures built between 1910 and 1930. When the Wendlers bought their property, they knew that it was located in a National Register of Historic Places District and that their property was subject to a city ordinance that regulated the demolition or relocation of certain historic structures. In 2005, after the Wendlers had purchased their property, the City amended such ordinance to authorize the City’s Historic Architectural Review Board to deny demolition or relocation requests indefinitely for certain types of structures (“2005 Ordinance Amendment”). In 2007, the Wendlers sought to demolish their residential structures in order to convert the use of their property to a commercial use. The City denied the demolition requests, finding that six (6) of the Wendlers’ structures were contributing structures to the National Register of Historic Places District and that removal of such structures would be detrimental to the historic and architectural character of the City. Consequently, the Wendlers filed a Bert Harris Act lawsuit. The Circuit Court dismissed the Wendler’s Bert Harris Act lawsuit as untimely because the Wendlers did not file such lawsuit within one (1) year of the City’s enactment of the 2005 Ordinance Amendment. The Fifth District Court of Appeal reversed, concluding that the Wendler’s Bert Harris Act lawsuit was timely filed because the time-frame to file began to run when the City denied the Wendlers’ demolition requests. The key issue was whether the impact of the 2005 Ordinance Amendment was “readily ascertainable.” This case demonstrates the uncertainty that exists regarding how to determine when the clock begins to run for the filing of a Bert Harris Act lawsuit. Moreover, the examples of regulations that the Fifth District stated would create impacts which would be “readily ascertainable,” such as clear height or density limitations, ignores the reality that the impact of a regulation can only be determined through an analysis of the unique characteristics of each piece of property. The First District Court of Appeal recognized this fact in M&H Profit, Inc. v. City of Panama City, 28 So. 3d 71, 76 (Fla. 1st DCA 2009), when it concluded that a court cannot determine whether a new regulation “inordinately burdens” a property unless the property owner has submitted an actual development application. Patel v. Gadsden County, Florida, 20 Fla. L. Weekly Supp. 124a (Fla. 2d Jud. Cir. Ct. Sept. 14, 2012 Gadsden County denied the Patels’ application for approval of a special exception for a drive-thru package store (“Special Exception Application”). Although the County Planning Staff and the County Planning Commission recommended approval of the Special Exception Application, the County Commission denied the Application based upon generalized concerns of a handful of neighboring property owners and opposition to the sale of alcohol. The County Commission took such action despite the fact that it was undisputed that the Special Exception Application complied with all of the objective criteria of the County’s Comprehensive Plan and its Land Development Code. The Patels filed a certiorari action, challenging the County’s denial of their Special Exception Application. In the certiorari proceeding, the County contended that the County Commission had the inherent authority to deny the Special Exception Application even if the Application met all of the objective criteria of the County’s Comprehensive Plan and its Land Development Code. After an extensive review of special exception cases and alcohol sale cases, the Circuit Court rejected the County’s contention. Moreover, the Circuit Court determined that the neighbors’ testimony did not constitute component substantial evidence but rather consisted of generalized statements in opposition to the Special Exception Application. Consequently, the Court granted the Patels’ Petition for Writ of Certiorari and quashed the County Commission’s decision. The County did not seek review of the Circuit Court’s decision by the First District Court of Appeal. Crosby v. Orange County, Florida, 20 Fla. L. Weekly Supp 35a (Fla. 9th Jud. Cir. Ct. Sept. 18, 2012 Crosby sought to utilize her single-family residence for the sale of firearms and for her ammunition manufacturing business and to do so as a “home occupation.” The County Commission denied Crosby’s request because a “home occupation” can only sell commodities that are made on-premises and Crosby was selling firearms that were made off-premises. Additionally, the County Commission concluded that Crosby’s two (2) ammunition presses, also known as reloading equipment, did not qualify as equipment “normally used for purely domestic or household purposes” – despite Crosby’s testimony that “[a] hundred years ago, yes, reloading equipment was normal.” Crosby sought certiorari review by the Circuit Court. The Circuit Court affirmed the County Commission’s interpretation of its “home occupation” regulations, noting that the County Commission’s interpretation of its code was entitled to great deference unless such interpretation is clearly erroneous. The Court also rejected Crosby’s arguments that the County Commission’s decision was discriminatory against firearms and ammunition businesses in direct conflict with Section 790.33, Florida Statutes, concluding that such argument was not appropriate in a certiorari proceeding. Lastly, the Court concluded that the County Commission had not violated Crosby’s due process rights and that the County Commission’s decision was supported by competent substantial evidence. This case provides an excellent example of the “unique” types of uses that homeowners try to couch as “home occupations.” The County Planning Staff did an excellent job applying the County’s “home occupation” ordinances to a unique request even though the result may have been different a 100 years ago. David Theriaque is with the firm of Theriaque & Spain in Tallahassee. He can be contacted at

Spring 2013 / Florida Planning 21

[CONSULTANTS] DIRECTORY Advertise in the Consultants Directory The Consultant Directory is a fitting place to showcase your firm. $250 buys space for a year in the newsletter (five issues) plus inclusion in our web-based consultant directory.  Display ads to promote your business, conference, projects and more are available.  Contact the Chapter office at 850-201-3272 for rates and details.

22 Spring 2013 / Florida Planning

Spring 2013 / Florida Planning 23

Florida Chapter AMERICAN PLANNING ASSOCIATION 2040 Delta Way Tallahassee, FL 32303

[FLORIDA] PLANNING Published by the Florida Chapter, American Planning Association, the Florida Planning newsletter has a current circulation of 2,600 members, subscribers and other readers. Four issues are published a year.

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This newsletter is printed on 100% recycled paper with soy ink.


Changes of Address For APA members, Send to: Member Records Department American Planning Association 205 N. Michigan Ave., Ste. 1200 Chicago, IL 60601 Fax: 312/786-6700 or log onto

Articles Florida Planning welcomes articles, announcements, letters, pictures and advertising. Call 850/201-3272 regarding articles. The next issue will be published June 2013.

[UPCOMING] EVENTS May 3, 2013: Lee Plan Update: Reviewing the Draft Future Land Use Element Fort Myers. Kathie Ebaugh, AICP and other Staff from the Lee County Planning Division will present the New Horizon 2035 DRAFT Future Land Use Element and Map. Pizza lunch will be provided. Contact Tony Palermo


May 5 - 10, 2013: 27th Annual Governor’s Hurricane Conference Fort Lauderdale. This year’s 27th Annual Governor’s Hurricane Conference® will showcase lessons learned from the storms of 2012, Debby, Isaac, and Sandy, along with Andrew, to our compendium of shared experiences and expertise. Each of these storms presented unique challenges that forced emergency managers and other stakeholders to respond unlike they had in the past. With 48 training sessions and 52 workshops this event isn’t to be missed! Contact 727-944-2724 or 800-544-5678. Cost: $135 - $265.

Article deadlines are generally four weeks prior to publication. Ad deadlines are generally two weeks prior to publication. Consult the editor for any exception to this schedule.

May 10, 2013: Navy Federal Credit Union Campus Tour Pensacola. Navy Federal’s first building opened in 2003 as the first LEED Gold certified building in the state of Florida. There are 4 buildings totaling 602,000 square feet with plans to begin an additional 342,900 square feet expansion in the fall of 2013. So there enough parking passes, please let Christy Johnson know by email at if you are interested in attending the tour.


JUNE 5, 2013: APA Webinar - Pedestrian and Bicycle Planning Gainesville. The APA Florida San Felasco Section will host this webinar. Call 352-955-2200 for more information.

The annual subscription rate for Florida Planning is $25.

About the Chapter APA Florida is a non-profit organization funded through membership dues and fees. Contributions are also welcomed for general purposes and earmarked programs. Please note that contributes are not tax deductible. For news and information on Chapter concerns, visit the APA Florida website at

JUNE 26, 2013: APA 2013 Law Review Webinar Fort Myers. The APA Florida Promised Lands Section will host this comprehensive planning law webinar presented by nationally-recognized speakers. 1.5 CM LAW Credits! Contact Alexis CrespoAlexisc@ for more information. JUNE 26, 2013: APA Webinar - 2013 Planning Law Review Gainesville. The APA Florida San Felasco Section will host this webinar. Call 352-955-2200 for more information. SEPTEMBER 10 - 13, 2013: Save the Date for the 2013 APA Florida Annual Conference! Orlando. Mark your calendars for the 2013 APA Florida Annual Conference in Orlando! This year’s theme is “Planners Have An App For That!” For more information on these and other APA Florida events, please visit

Spring 2013 Florida Planning Newsletter  

Florida Planning Newsletter

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