Florida Planning Magazine - 2016 Fall Issue

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

Fall 2016

www.floridaplanning.org

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OTHER FEATURES

ALSO IN THIS ISSUE

4

Planning In Paradise: Grand Turk Reneration

8

Travel With a Planner’s Eye

11

2016 Leadership Award Recipients

13

2016 Project Award Recipients

19 21 23

2016-18 APA Florida Newly Elected Officers

Retirement Advice

Great Places in Florida People’s Choice Award

President’s Message - p. 3 In My Opinion p. 24 APA Florida Working for You - p. 25 Planners on the Move - p. 26 Law Case Update - p. 27 Consultants Directory - p. 29 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.

[APA FLORIDA] KEY CONTACTS - EXECUTIVE COMMITTEE

Name Phone

E-mail

APA Florida Executive Committee President

Andre Anderson, AICP

407-957-8428

president@floridaplanning.org

President-Elect

Laura Everitt, AICP, Esq., LEED GA

813-224-8862

presidentelect@floridaplanning.org

Sun Coast Section

Stephen Benson, AICP, CNU-A

813-975-6255

suncoast@floridaplanning.org

VP-Professional Development

Henry Bittaker, AICP

561-523-0678

profdevelopment@floridaplanning.org

VP-Conference Services

Wiatt Bowers, AICP

904-363-8488

conferencesvcs@floridaplanning.org

Student Representative

Les Brown

students@floridaplanning.org

Orlando Metro Section

Jason Burton, AICP

407-246-3389

orlandometro@floridaplanning.org

First Coast Section

Ennis Davis, AICP

904-396-5727

firstcoast@floridaplanning.org

Atlantic Coast Section

Lisa Frazier, AICP

321-750-7060

atlanticcoast@floridaplanning.org

Secretary

Kim Glas-Castro, AICP, LEED, AP

561-434-5086

secretary@floridaplanning.org

VP-Certification Maintenance

Allara Mills Gutcher, AICP

850-319-9180

certmaintenance@floridaplanning.org

San Felasco Section

Adam Hall, AICP

386-418-6125

sanfelasco@floridaplanning.org

Heart of Florida Section

Hetty Harmon, AICP

863-646-4771

heartoffl@floridaplanning.org

VP - Communications

Michelle Heinrich, AICP

813-276-2167

communications@floridaplanning.org

YPG Representative

Brandon Henry

813-272-5940

ypg@floridaplanning.org

Treasurer

Tony LaColla, AICP

813-273-3774

treasurer@floridaplanning.org

Treasure Coast Section

Josh Long, AICP

561-650-0719

treasurecoast@floridaplanning.org

Promised Lands Section

Tony Palermo, AICP

239-533-8325

promisedlands@floridaplanning.org

Emerald Coast Section

Kristen Shell, AICP

850-983-7078

emeraldcoast@floridaplanning.org

VP Member Services

Marcie Stenmark, AICP

727-724-1555

membership@floridaplanning.org

Broward Section

Thuy Turner, AICP

954-357-6623

broward@floridaplanning.org

Gold Coast Section

Lynda Westin, AICP

954-788-7923

goldcoast@floridaplanning.org

Capital Area Section

Barry Wilcox, AICP

850-891-6400

capitalarea@floridaplanning.org t

Immediate Past President

Melissa Zornitta, AICP

813- 272-5940

pastpresident@floridaplanning.org

Executive Director

Julia “Alex“ Magee

850-201-3272

fapa@floridaplanning.org

Ad. Assistant/Bookkeeper

Amanda Pickles

850-201-3272

adminbk@floridaplanning.org

Communications Coordinator Patti Shea

850-201-3272

staff@floridaplanning.org

Legislative Representative

Lester Abberger

850-524-2779

lesterabberger@nettally.com

Webmaster (Consultant)

Summer Taylor

888-949-5487 x706

summer@exaktmarketing.com

All Other Inquiries, contact APA Florida at 1-850-201-3272 or e-mail fapa@floridaplanning.org.

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PRESIDENT’S MESSAGE It’s a great time to be a planner in Florida!

I am very proud and at the same time humbled to serve as the President of the Florida Chapter of the American Planning Association (APA) for the next two years. Each year we plan networking events, workshops, educational seminars, and of course our premier event, the annual statewide conference that seems to get better each time we host it. This past year is definitely no exception. It was chock-full of great sessions, mobile workshops and many networking events. Thanks to all the hard work of the APA Florida staff and a host of volunteers from the Sun Coast Section and around the state that helped organize this year’s conference, which was held in beautiful Downtown Tampa. We had many opportunities to talk about Planning, meet and reconnect with a lot of People, and highlight many innovations and cutting-edge techniques of the Profession; which by the way is the theme of our Fall Issue of Florida Planning magazine - Planning, People & the Profession.

Thanks to all the hard work of the APA Florida staff and a host of volunteers from the Sun Coast Section and around the state that helped organize this year’s conference, which was held in beautiful Downtown Tampa In this Fall Issue you will read about traveling with a planner’s eye, gain perspective from retired planners and learn what it takes to plan in paradise.

As president, one of my many duties is to represent the Florida Chapter nationally at the leadership meetings of APA in the Spring and the Fall each year. The leadership meetings bring together the various component groups including the Chapter President’s Council (CPC) made up of 47 Chapter Presidents, the 21 Division Chairs, the Student Representative Council (SRC) as well as the APA Board of Directors and the AICP Commission. These component groups all meet to discuss planning, people, and the profession. Did you know Florida is the second largest chapter in the country? Yes, that’s right! So, we have a strong voice and noted presence during the leadership meetings. In fact, Florida has two elected representatives on the National Boards: the AICP President Valerie Hubbard, FAICP, and Region III AICP Commissioner Silvia Vargas, AICP. At the end of September, I along with our Executive Director Alex Magee, attended the Fall Leadership meetings in Washington DC, which was held in conjunction with the APA Policy Workshop. APA Florida is nationally recognized for our Legislative Policy program and as a result, was asked to participate on a panel using Florida as a case study on building relationships during a day-long leadership and advocacy training workshop. APA Florida’s legislative program is robust and has set a high bar for what a successful legislative and public policy program should be.

Much of the weekend meetings focused on what APA President Carol Rhea, FAICP, called “Reimagining the Vision.” This vision, as Rhea described, is for APA to lead the planning movement, communicate and engage to foster quality leadership and to advocate, inspire, and serve the needs of the community.

Following the leadership of Past President Melissa Zornitta, AICP, I now have the responsibility of carrying on her great work on the Chapter President’s Council Membership Committee. Some highlights of the committee’s work to date as well as upcoming work include: continued on page 26

Fall 2016 / Florida Planning 3

planning in paradise:

GRAND TURK

REGENERATION by: Wiatt Bowers, AICP

As a consultant, I have had the opportunity over the last 15 years to work on projects and studies all over the state. That said, opportunities to work on planning projects outside of Florida are few and far between. Most of my opportunities to see and learn from other communities around the country and the world are afforded through my relatively robust personal travel schedule. In fact, by the time this article is published, I will have returned from my latest trip to Europe (London, Amsterdam, and Berlin are on the agenda). I often go on vacation by myself, exploring cities and taking hundreds of photographs of buildings and public spaces, to augment my planning knowledge and experience. continued on next page

4 Fall 2016 / Florida Planning

[GRAND] TURK

continued from page 4

Looking to expand my knowledge base further, I eagerly jumped at the chance to be a part of an Atkins team responding to a Request for Proposals put out by the Turks & Caicos Islands government. After a competitive selection process, we were selected to conduct a Master Plan for Grand Turk. The roughly seven-square-mile island is home to about 5,000 people and the country’s capital, Cockburn Town.

Grand Turk is presumed by many to be where Christopher Columbus first made landfall in 1492, although several other islands in the Caribbean make this claim as well. It was first settled in the late 17th Century by Bermudians, who set up the salt trade industry on the island.

While the salt industry was the island’s economy for nearly three centuries, today it is tourism. While there are less than 100 hotel rooms on Grand Turk, the island receives more than one million visitors each year. This is almost entirely due to the Carnival Cruise Center, which opened in 2006. The cruise center offers a plethora of activities to occupy visitors time, but very little has happened to extend these activities through Cockburn Town and the rest of the island.

Our planning team first arrived on Grand Turk in November 2015 to collect data, conduct field reviews, and engage with the community. This was just one month after the island had been impacted by Hurricane Joaquin, so some damage was expected. What we didn’t expect was to find buildings and infrastructure damaged by Hurricane Ike in 2008 that had not been repaired. We learned that many of the structures on the island had been damaged continued on next page

Fall 2016 / Florida Planning 5

[GRAND] TURK

continued from page 5

during the storm and that approximately 20 percent of the homes were considered a total loss. However, we also learned that the residents of Grand Turk are resilient and eager to help build a brighter future for the island.

We held numerous meetings during our week on Grand Turk, and it became abundantly clear that many of its citizens are dedicated to making decisions that benefit the entire island. They desire to see Grand Turk as a place welcoming to tourists and residents alike and adaptable to the ever-changing world. They sought a Master Plan that celebrates the island’s unique identity, and builds upon its exceptional natural beauty, rich cultural heritage, and strong sense of community.

As the plan developed, we arrived at three overarching themes - Preserve, Enhance, and Diversify – with an overall goal of making the island more pedestrian friendly. We sought to identify enhancements that could serve a growing tourism market, but also provide a better quality of life for the residents of Grand Turk. Key recommendations included: • Focusing development and public investments in Cockburn Town to create a mixed-use walkable center, • Protecting the offshore reef system, • Preserving and restoring historic buildings to enhance the architectural character, and

• Developing a trail network throughout the island to afford more recreational opportunities.

Furthermore, we made recommendations on how much development should occur on the island over the next 20 years and identified appropriate locations for it. Finally, we recommended diversifying Grand Turk’s economy by exploring the potential of the island to be an education hub for the Caribbean, as well as to expand its offerings in health & wellness tourism.

The Master Plan process was completed in less than nine months, with the final document delivered to the government in May 2016.

Several catalyst projects were identified, including rebuilding the seawall damaged by past hurricanes, reconstructing a half-mile stretch of Front Street along the coast to prioritize pedestrians, and developing a major public gathering place at Victoria Square in the center of Cockburn Town. Some funding for these projects has already been secured, and hopefully construction will begin soon.

Working from home today while awaiting the arrival of Hurricane Matthew, I am reminded of how beautiful, and yet vulnerable, our coastline is. The storm tracked first through the Caribbean, heavily impacting the Bahamas and devastating portions of Haiti. Thankfully, from what I understand, no damage was done to the Turks & Caicos Islands.

Wiatt Bowers, AICP, is a Senior Planning Manager at Atkins. He can be reached at waitt.bowers@atkinsglobal.com.

Urban blend.

Creating inclusive, connected communities is what we do best.

By blending textures, materials, and colors into our designs, we create unique and adaptable places for people that make our communities more livable and accessible.

Transportation shapes our urban spaces—we transform them.

Historic Town Centre concept, Grand Turk master plan

6 Fall 2016 / Florida Planning

07054.NV.16

www.atkinsglobal.com/northamerica Wiatt Bowers, AICP | 904.363.8488

Fall 2016 / Florida Planning 7

TRAVEL WITH A PLANNER’S EYE We asked our members to send us pictures from recent travels and tell us if they noticed something unique about the city/town/village from a planner’s perspective.

g traffic calmin This portable the City of device used by e put this devic Montreal—they arrow summer to n d an g n ri sp out in lane of taking away a the street by late fall ll it up in the pu ey th c— affi tr the lane for they will use as r te in w d an y. snow depositor njec – Randy Kra

My motto is “Plan o n the run finish an ! Don’t die d have fu , n!” My ph snaps fro oto inclu m a moth d e s er-daugh Scandina ter trip to via May 2 016. I rec running ommend through a city to ge – you’ll n t a feel for a otice side place walk loca side alley ti o n s , w s, and sp idths, bik ecial view es, your thin s .

If r u nning isn g, print a ’t map and This wander a collage co r o und! mbines d markings ifferent b from Sto ic ycle ckholm a corner w nd Helisk ith the br i. Upper ass inlay, child mar to th e a dult/ king (tak e that as as a warn fa m il ie s here or ing for pa rents to ta children!) k e c are of the . The bott ir om two p infrastru ic s s how how cture can simple promote cycling. D oesn’t have to b e comple x!

Just com pleted!

– Lindsa y Haga

continued on next page

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[TRAVEL] PLANNER’S EYE

continued from page 8

U.S. military and live in Germany. The I have the great fortune to work for the so young and appear like a monoculture majority of Florida’s developed places are d to Europe. It is easy to romanticize of pavement and rooftops when compare e are characteristics we overlook or the antiquity of European places, but ther lop and inhabit in Florida. marginalize in the new places we plan, deve medieval and modern. Historic The Luxembourg City’s skyline is both ged, it is layered into the contemporary development is not torn down or leap-frog sit accommodation, car-free streets and tran construction of a dense city. Pedestrian used to Public art, architecture and history are are integrated into the urban landscape. a wealthy ed self-guided walking tours. Planning in tell the City’s story through well-publiciz er. However, there certainly makes creating great places easi k yboo stor a of s page the from torn city nurtured by people great places all have “good bones” and are the But too. ges villa and s citie n opea are ugly Eur ida, the challenge is to their places amazing. As planners in Flor who love where they live and work to keep and be cherished for years to come. create, or retrofit, places that will endure Treasurer who moved to Germany – Ryan Morrell is the former APA Florida

While travelling in California this past week, we came across a large wind farm set on a ridge east of San Francisco, and collocated with what appe ared to be cattle range. It was timely given that the day before the San Francisco Chronicle’s fron t page article was titled the State’s Climate Figh t Showing Progress. In it the article indicated the state’s performance with 27% of the state’s fuel coming from renewable sources (like wind farm s); with the state hoping to continue to increase renewables to 33% and to reduce carbon emis sions back to that of 1990 levels by 2020. It is something that is mandated by California Law AB 32 signed in 2006 by then Governor Arno ld Schwarzenegger; “it is the centerpiece of Calif ornia’s fight against climate change” the artic le states.

The state just last month punctuated its com mitment with Gov. Brown signing California Law SB 32 which furth er sets emissions goals of 40% below the 1990 level by 2030. The wind farms are only one part of a strategy that includes solar, wind , hydro, geothermal and biomass. We were able to see one part of the strategy on the ground and in action.

– Susan Poplin

Fall 2016 / Florida Planning 9

10 Fall 2016 / Florida Planning

Congratulations to the

2016 LEADERSHIP AWARDS RECIPIENTS! During the 2016 Annual Conference, APA Florida acknowledged five individuals as the recipients of the 2016 APA Florida Leadership Awards.

2016 OUTSTANDING LOCAL PUBLIC OFFICIAL Recipient: Mayor Bob Buckhorn Tampa Mayor Bob Buckhorn was awarded the APA Florida 2016 Outstanding Local Public Official of the Year for his continued commitment to planning and more importantly for implementing the plans that are significantly improving the quality of life in Tampa.

Since becoming mayor in 2011, Mayor Buckhorn has initiated a number of important planning efforts aimed specifically at improving the urban core of Tampa and its surrounding neighborhoods including the Invision Tampa Plan – Center City Plan, West River Master Plan and Nebraska-Hillsborough Corridor Plan.

The mayor has support and led significant improvements to infrastructure in the city including the revitalization of four key urban parks, improvements to Tampa’s stormwater system and championing multi-modal transportation options.

Under Buckhorn’s leadership, the city has seen significant progress in the implementation of these and other prior plans such as the completion of the Riverwalk, completion of park improvements, complete street improvements and two-waying of several downtown streets.

OUTSTANDING NEWS COVERAGE OF COMPREHENSIVE PLANNING ISSUES Recipient: Carson Cooper Carson Cooper has worked in Tampa Bay radio for three decades, and has been the host of WUSF’s Florida Matters since its launch in 2006. During that time he has reported on a variety of issues of importance to the community including growth management, education, transportation, affordable housing, taxation, public health, and the environment.

Throughout his coverage, Carson has exemplified a professionalism and objectivity that has not only demonstrated his excellence in the field of broadcast, but also worked to truly increase the understanding of importance planning issues of his listeners, regardless of the subject matter or its complexity.

As an example of Carson’s dedication to addressing the need for planning information and education within the community, he recently invited the Tampa Bay Area Regional Transportation Authority (TBARTA) executive director and a local citizen to debate a controversial regional transportation project on the Florida Matters show. Carson asked well-informed questions that facilitated a thorough and thoughtful discussion of how the project was developed, the intended results, and the positive and negative impacts for surrounding communities, as well as the Tampa Bay region. At the end of the show, listeners not only had a much better understanding of how planning for growth requires proper investment in infrastructure, but also the principles that go into developing projects that have the greatest good for the greatest number of citizens.

Carson Cooper’s stories inform the public about Florida’s future and statewide planning issues. His shows address a wide array of planning topics including transportation, downtown redevelopment, energy, and the environment. continued on next page

SAVE THE DATE! DAYTONA BEACH, FL September 5-8, 2017 Details coming soon.

Fall 2016 / Florida Planning 11

[LEADERSHIP] AWARDS

continued from page 11

DISTINGUISHED CONTRIBUTION TO THE CHAPTER Recipient: Frank Palen, AICP Over the last decade, Frank Palen has been involved in a wide variety of professional development activities for APA Florida.

Since 2004, Frank has taught a session on Planning Law as part of the twice yearly Treasure Coast Section AICP Study Class run by Henry Bittaker and Susan Coughanour that has enabled many planners in that section and elsewhere in Florida and the United States to successfully pass the AICP Exam.

In 2007, Frank instigated and spearheaded an effort by the Treasure Coast Section, the School of Urban and Regional Planning at Florida Atlantic University (FAU SURP), and the Palm Beach County Planning Congress, Inc., to create, organize, and maintain a much recognized and highly successful Annual Ethics Seminar that is now entering its 10th Annual Year due in large part to his continuing efforts to support this event.

During 2013 Frank was a member of a national group of planners working with the National APA to update its AICP Exam Prep Course 2.0 study materials and create a new web-based AICP Exam Prep Course 3.0 study tool. He was responsible for preparing and presenting the American Planning Law Module.

Frank’s efforts in these areas are representative of his overall long term commitment to the planning profession and the goals and objectives of the Treasure Coast Section and APA Florida.

STUDENT PLANNER OF THE YEAR Recipient: Kayla Costello (FSU) Kayla Costello received her Master of Science in Planning (MSP) degree from FSU in Spring 2016.

There she demonstrated outstanding achievement in her academic performance by virtue of her stellar grade point average in her coursework (3.9). and received the Department’s Edward McClure Award, which recognizes outstanding academic achievement.

During her time at FSU, Kayla has worked on professional planning projects within the department and in the field. Currently, Kayla is working with a team of faculty on an applied research project for the Florida Department of Transportation to analyze the property value impacts of the SunRail Project in Central Florida. This research will be very informative for the Transit Office of FDOT, and will also be useful to planning practitioners and real estate professionals.

In addition to her participation in this important applied research project, Kayla has significant professional experience in planning practice.

Kayla volunteered to work as a planning assistant in both Opa-Locka, Florida and Denver, Colorado.

STUDENT PLANNER OF THE YEAR Recipient: Alexis Pena (FAU) Alexis Pena entered the Master of Urban and Regional Planning program at Florida Atlantic University in January 2014 immediately after completing her Bachelor of Urban Design degree with cum laude honors at FAU. Since then Alexis has demonstrated an unusual commitment to her studies and engagement with the planning profession that will carry through to her career after she receives her master’s degree. As a person who happens to be deaf, Alexis has not allowed that disability to interfere with her activities in any way.

Alexis has maintained a 3.72 (out of 4) grade point average, ranking her among the top students in terms of academic performance. She is focusing on Geographic Information Systems: she completed a certificate in that area in 2014 and is now finishing an advanced certificate. She has also completed or is completing several ESRI GIS certificates. She has developed skills in a wide range of software packages with applications to GIS and planning. She has enthusiastically taken advantage of every opportunity to prepare herself for a successful career in GIS applications to planning.

In addition to her studies, Alexis has been very active in extracurricular activities at FAU and in the community. She served as the Treasurer of the Planning Society @ FAU (the student planning organization) during the 2015-16 academic year. She was also founding President of the Geographic Information Systems Club at FAU and President of the Owls Supporting Diversity Club during 2014-15. She has served for several years as a student liaison to the Gold Coast Section.

12 Fall 2016 / Florida Planning

Congratulations to the

2016 PROJECT AWARDS RECIPIENTS! AWARD OF EXCELLENCE Cocoa Beach Evaluation & Appraisal Report and 2025 Comprehensive Plan l CATEGORY: Comprehensive Plan (Small Jurisdiction) Due to changing market conditions, new growth management legislation, and a pro-growth initiative, the City of Cocoa Beach chose to overhaul its Comprehensive Plan to better reflect these local values while also addressing regional priorities and state statutes. It would now serve as a planning and growth management tool, instead of simply a compliance document. In December 2013, the City began the update process which combined technical work (using existing technical expertise and data sets) with transparent discussions (centered on briefings at monthly LPA meetings). This approach resulted in widespread community support of the 2025 Comprehensive Plan that was adopted in August 2015.

l to r: Zack Montgomery, Laura Turner, AICP

AWARD OF EXCELLENCE Wynwood Neighborhood Revitalization District CATEGORY: Neighborhood Planning

The Wynwood Neighborhood Revitalization District (NRD-1) enhances pedestrian experiences, promotes diverse housing and funds public open space, affordable housing and centralized parking in a mixed-use, 24-hour neighborhood. It uses innovative planning techniques to transition a warehouse zone into an arts and mixed-use innovation district. Wynwood, a two-year process that created a userfriendly report from a tremendous amount of retail level stakeholder engagement, was adopted by the City of Miami in 2015. The District can be defined as “manufacturing enabled� retail uses comingling the manufacturing and sale of goods on premise.

l to r: Juan Mullerat, David Polinsky

AWARD OF EXCELLENCE Sustainability and Resiliency Ordinance l CATEGORY: Best Practices The City of Miami Beach recently adopted a Sustainability and Resiliency Ordinance that establishes the highest standards for sustainable development in the State. It requires new development over 7,000 SF to be LEED Gold certified or International Living Future Institute certified. If certification is not achieved prior to obtaining a Temporary Certificate of Occupancy, a Sustainability Fee of 5% of the construction cost is assessed, that can be refunded within two years if certification is thereafter achieved.

The City can utilize the collected funds to undertake improvements that could increase resiliency, such as green infrastructure and environmental restoration projects.

l to r: Francisco Arbelaez, Rogelio Madan, Carlos Markovich

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Fall 2016 / Florida Planning 13

[PROJECT] AWARDS

continued from page 13

AWARD OF EXCELLENCE East Lake Parker/West North Combee Brownfields Areawide Plan CATEGORY: Best Practices

The U.S. Environmental Protection Agency awarded the Central Florida Regional Planning Council a Brownfields Areawide Planning Grant to develop an areawide plan for the blighted and heavy industrial East Lake Parker – West North Combee area (in Lakeland, Polk County, Florida). The Plan recognizes the development limitations due in part to properties considered to be brownfields while creating specific strategies to make revitalization a reality.

Developed through extensive community-based involvement, local government collaboration, and partnerships with private property owners, the Plan is the foundation for future assessment, cleanup, and reuse of brownfields properties promoting areawide revitalization and economic development.

l to r: Pat Steed, Jennifer Codo-Salisbury, Melissa Zornitta

AWARD OF MERIT Sarasota County Schools Long Range Growth Management Plan CATEGORY: Comprehensive Plan (Large Jurisdiction)

Following the Great Recession, Sarasota County started to experience an economic rebound, which is especially significant in the case of educational facilities due to the State mandated standards through the Class Size Amendment legislative requirements. Sarasota County Schools worked with Tindale Oliver to prepare a long range planning study and an impact fee update study to address the following: •

Timing and location of residential development in Sarasota County.

•

The ability for SCS to meet future needs with capacity available at the existing schools vs. new schools.

•

The influence of other school options.

•

Identification of capital funding needs and options.

front – Kathie Ebaugh and Nilgun Kamp.

Back: Scott Lempe, Diane Cominotti, Robert Layton, and Steve Tindall

AWARD OF MERIT Community Redevelopment Plan for the Village of Mayport CATEGORY: Neighborhood Planning

Along with the City of Jacksonville, community stakeholders, and the Mayport Waterfront Partnership, the VHB project team worked to expand the existing Community Redevelopment Area of Mayport Village in order to advance economic potential in the form of ecotourism and revitalize the fishing industry. Strategies included extensive research in collaboration with the community, in order to highlight historic and natural attributes that provide catalyst opportunities for future development. This context-sensitive approach was vital to preserve the environmental sensitivity which surrounds the St. John’s River Basin and to promote the fishing industry which is the livelihood of many of Mayport’s residents.

continued on next page

14 Fall 2016 / Florida Planning

l to r: Curt Ostrodka, Bill Killingsworth, Katie Shannon, Tyler Johnson

[PROJECT] AWARDS

continued from page 14

AWARD OF MERIT Environmental Enhancement & Preservation Overlay CATEGORY: Best Practices

Lee County’s Environmental Enhancement & Preservation Overlay successfully balances the equities between private owners and the public, health, safety and welfare interests that promote the restoration of lands that were severely impacted by agricultural and mining operations.

Two developments in the Density Reduction/Groundwater Resource (DR/GR) area have implemented the Overlay that has resulted in significant land restoration in exchange for increased density. Upon the projects’ completion, 60% of all project area will be restored and preserved, flow-ways will be reconnected, and wellfields will be protected to ensure the continued availability of the county’s drinking water supply.

l to r: Dave Loveland, Mikki Rozdolski, Brandon Dunn, Becky Sweigert, Marissa Fewell, Tony Palermo.

AWARD OF MERIT Land Development Code Customer Service Guide CATEGORY: Best Practices

The Polk County Office of Planning and Development has prepared a customer-friendly, easy-to-use guide to its land development regulations. The Customer Guide to the Polk County Land Development Code (LDC), available in English and Spanish, provides an infographic summary of the LDC with stylized graphics and illustrations of planning and development terms. The customer guide builds upon the recent trend to use infographics to help explain complex, technical issues. The guide was prepared in a format that is suitable for publication in a variety of print and digital media. It is intended to serve as a prototype the preparation of similar guides by other jurisdictions. All of the graphics are suitably generic, so they can be used by other jurisdictions. The graphics and design files are available for distribution to other local governments at no cost.

l to r: Erik Peterson, Tom Deardorff

AWARD OF MERIT Safe Streets Summit l CATEGORY: Grassroots Initiatives The Broward MPO’s 2016 Safe Streets Summit brought together technical staff, community advocates, and elected officials to promote the economic, social, and health benefits of Complete Streets. Focused on the Broward region, the Summit discussed the importance of street design that focuses on the needs of all users of the road, not just vehicular traffic. The 2016 Safe Streets Summit was attended by over 200 people, and featured national experts in the fields of street design, Complete Streets policy implementation, and community development.

l to r: James Cromar, Melissa Zornitta

AWARD OF MERIT Envisioning Florida’s Future: Transportation and Land Use in an Automated Vehicle World l CATEGORY: Student Project Automated Vehicles (AV) are poised to transform our cities to a level not seen since the adoption of the automobile roughly a century ago. Utilizing an innovative and collaborative visioning process, a team of faculty and students from Florida State University’s Department of Urban & Regional Planning developed a vision for the future of Florida’s communities in an AV world. This vision hopes to guide Florida’s transition to an AV world by identifying policy decisions and infrastructure investments necessary to leverage AV technology to create a transportation system that is safer and more efficient than ever before and an urban environment built upon principles of sustainability and human-centered design.

l to r: Will Crowley, Mavrick Fitzgerald, Diana Elsner, Jeremy Crute, Lindsay Stevens

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2016 ANNUAL CONFERENCE THANK YOU! Thank you to all the sponsors, speakers and more than 800 attendees for making the 2016 APA Florida Annual Conference a huge success.

Some housekeeping items: • Session presentations are online: Wednesday, Thursday, Friday.

• The Florida Bar is giving law credits. Info here.

• Enjoy the photos here but you can see more on our Facebook page.

• And be sure to join the 2017 conference Facebook group.

See you next year in Daytona Beach!

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Fall 2016 / Florida Planning 17

THANK YOU TO ALL OF OUR SPONSORS! ANNUAL SPONSORS Prosser Theriaque & Spain

PLATINUM SPONSORS Cardno, Inc. Florida Trend GAI Consultants |

Community Solutions Group Hillsborough Area Regional Transit Authority (HART) HDR Hopping Green & Sams Kimley-Horn Stantec USF School of Public Affairs VHB Wade Trim, Inc.

GOLD SPONSORS AECOM Atkins Calvin, Giordano & Associates, Inc. Cotleur & Hearing Forward Pinellas Gunster Jacobs Keith and Schnars, P.A. Littlejohn Engineering Associates, Inc. The Corradino Group Tindale Oliver UCF School of Public Administration Wantman Group, Inc.

SILVER SPONSORS AARP Bentley Systems Morris Depew Associates, Inc. NUE Urban Concepts, LLC Pavese Law Firm Port Tampa Bay Renaissance Planning Group The Mellgren Planning Group, Inc. Weiss Serota Helfman Cole

& Bierman P.L.

BRONZE SPONSORS 1000 Friends of Florida Cambridge Systematics, Inc. Carlton Fields

18 Fall 2016 / Florida Planning

Florida Regional

Councils Association Genesis Greenman-Pedersen, Inc. Greenspoon Marder P.A. Laura Turner Planning Services Michael Baker International MKPeck Associates Nancy Stroud,P.A. Solin & Associates, Inc. Spikowski Planning Associates Wendy Grey Land Use

Planning, LLC ZNS Engineering, L.C.

EXHIBITORS AECOM Alta Planning + Design Atkins Bentley Systems Calvin, Giordano &

Associates, Inc. Cardno, Inc. Commercial Acoustics Cotleur & Hearing FAU School of Urban & Regional Planning Florida Department of

Environmental Protection Florida Regional

Councils Association Forward Pinellas FSU Department of Urban & Regional Planning GAI Consultants |

Community Solutions Group Garry V. Cooper, FAICP Gunster HDR Hillsborough Area Regional Transit Authority (HART) Keith and Schnars,PA Kimley-Horn Littlejohn Engineering

Associates, Inc. Municode/Municipal

Code Corporation mySidewalk Peterson & Myers, P.A.

PlaceVision Plan Hillsborough Quality Counts, LLC Safe Mobility for Life Coalition Stantec The Corradino Group Tindale Oliver UCF School of

Public Administration UF Department of Urban & Regional Planning USF School of Public Affairs VHB Wade Trim, Inc. Walker Parking Consultants, Inc. Wantman Group, Inc. Zonar

INKIND SPONSORS City of Lakeland Lakeland Downtown Development Authority

In a Livable Community, people of all ages can GO FOR A WALK

GET AROUND WITHOUT A CAR

ENJOY PUBLIC PLACES WORK OR VOLUNTEER FIND THE SERVICES THEY NEED

SHOP, SOCIALIZE AND BE ENTERTAINED LIVE SAFELY AND COMFORTABLY … and make their town, city or neighborhood a lifelong home.

Learn more and subscribe for free to the AARP Livable Communities monthly e-newsletter by visiting aarp.org/livable.

2016-2018

APA Florida Executive Committee MEET YOUR NEWLY ELECTED STATEWIDE OFFICERS

2016-18 ELECTION RESULTS PRESIDENT ELECT Laura Everitt, AICP, Esq., LEED AP TREASURER Tony LaColla, AICP SECRETARY Kim Glas-Castro, AICP, LEEP AP VICE PRESIDENTS PROFESSIONAL DEVELOPMENT Henry Bittaker, AICP CONFERENCE SERVICES Wiatt Bowers, AICP CERTIFICATION MAINTENANCE Allara Mills Gutcher, AICP COMMUNICATIONS Michelle Henrich, AICP SECTION AFFAIRS Doug Kelly, AICP, CEW MEMBERSHIP SERVICES Marcie Stenmark, AICP

President Elect: Laura Everitt, AICP, Esq., LEED AP I am looking forward to working with President Andre Anderson for the next two years as I prepare to take on the president’s role in 2018. As President Elect, I hope to continue to implement the Membership Strategy to strengthen our membership base. I am also excited to dive into our advocacy efforts and work with the Legislative Policy Committee and plan the Public Policy Workshop. But mainly, I am just excited to get to work with such a great group of planners on the APA Florida Board.

Treasurer: Tony LaColla, AICP My goal as Treasurer would be to carry on the great work that the previous Treasurers have accomplished. I will continue to ensure the financial stability that we have achieved over the past decade as well as enhance the transparency of our financial status through continual updates to our membership. I will be available for your questions and concerns, and I will be continually accessible to APA to sustain the stable financial health of our chapter.

Secretary: Kim Glas-Castro, AICP, LEEP AP I am honored to be elected to serve on the Chapter Executive Committee as Secretary. APA Florida is a well-respected chapter from the national perspective. The Chapter provides valuable service to its members, such as legislative representation and professional development opportunities. I believe that the Florida Chapter has sustained its strength as a result of an active and engaged membership. After a hiatus, during which I have participated in the Florida League of Cities committees, I feel it is again time to volunteer time to this great organization.

Under the leadership of incoming President Andre Anderson, I feel that I can assist him in his objectives to 1) enhance membership through collaborations with allied professions, and 2) encourage young professionals to assume leadership roles in the Chapter. continued on next page

Fall 2016 / Florida Planning 19

[2016-18] NEWLY ELECTED OFFICERS

continued from page 19

VP Professional Development: Henry Bittaker, AICP I plan on four main areas of focus: 1) Assist the chapter’s planners to effectively prepare for the new 2017 AICP Exam by both working with the sections to improve their local study group preparations, and by providing new statewide materials and study sessions based on my extensive experience at both the state and national levels; 2) Coordinate with the VP for Certification Maintenance to ensure the availability of a wide variety of continuing educational opportunities for all planners which are local, affordable or available at no-cost; 3) Improve the opportunities for high-value remote learning through webinars and other media; 4) Continue to effectively work with National APA staff, APA Board members and AICP Commission members to resolve emerging and existing AICP exam training and AICP certification issues. APA has asked me to assist in revising the 3.0 national exam study guide and to continue as a Peer Reviewer of the AICP Exam application process.

VP Conference Services: Wiatt Bowers, AICP My primary goal for the next two years is to centralize some conference planning tasks, thereby minimizing the effort required of local host sections.

The Chapter Office has employed on-site conference assistance for many years, and is now experimenting with hiring a consultant to assist with some preparation activities. We will also look, in partnership with local host sections, to expand the role of the State Conference Committee. Our state conferences are a crucial component to the continued success of APA Florida. In order to keep our registration costs reasonable, we need to expand our reach and sponsorship revenues. The Executive Committee is currently studying how best to do this, so if you have ideas, please send them my way.

VP Certification Maintenance: Allara Mills Gutcher, AICP I bring to this position a wealth of experience and knowledge of the chapter’s past several years’ activities, and have an excellent standing relationship with many of you, the current executive committee, and Alex Magee, the executive director. My desire to serve in this capacity is strong. I truly am at your service.

20 Fall 2016 / Florida Planning

VP Communications: Michelle Henrich, AICP Thank you for electing me to serve as your V.P. of Communications! I’m excited to get started and have already begun working with your outgoing V.P. of Communications (Marcie Stenmark) to provide a hopefully seamless transition. We are very fortunate to already have a great system and people in place and I hope to provide continued great service to our chapter. I hope you took part in our 2016 Membership Satisfaction Survey in October. I, along with fellow members of the Executive Committee, will be reviewing your responses to see how we can improve or change the services we provide to you. As always, feel free to contact me with any suggestions.

VP Section Affairs: Doug Kelly, AICP, CEW I have enjoyed the opportunity to work in both the public and private sector during my career.

As a member of two other state chapters, APA FL has consistently been a rock solid chapter.

Together, we have the voice and the ability to make a difference in our professional endeavors throughout the state. I want to ensure we exceed membership expectations and cultivate future leadership by providing and financially supporting outstanding continuing professional development opportunities.

We need to expand our professional recognition. We will continue to increase professional diversity and educational opportunities for our chapter membership and among allied professions. Later this year, you’ll receive an email questionnaire to solicit your input regarding current services and membership satisfaction. Please take the time to complete the survey. I look forward to your feedback and using the results to develop our Section Affairs work program.

VP Membership Services: Marcie Stenmark, AICP As Vice President of Membership Services, I coordinate activities to increase the number of new members and retain current members.

National APA has been working on several initiatives to boost membership and to increase the benefits of membership. My first step will be to understand what is being done at the national level to evaluate how we can support and be consistent with those efforts. APA Florida has been working with partner organizations to explore membership and continuing education opportunities. I would like to work on and continue these efforts. Also, I would like to enhance our outreach with universities to increase student membership and better engage students in our organization.

RETIRED

As planners, we move from project to project so swiftly, often there’s not time to take stock of our accomplishments or lessons learned. For insight, we asked three recently retired planners about their success, challenges and influences.

MICHAEL CRAWFORD, AICP

Retired from Pinellas Planning Council

What advice would you give young planners?

I would suggest that young planners make a concerted effort to educate themselves on as many topics relating to planning and transportation as they can. This will also help keep them involved with their peers, which are an important part of their success and the success of planning in general.

What was your greatest accomplishment over your career?

There was not one thing that I would consider my greatest accomplishment; rather it was the many times I was called upon and trusted to help make important decisions impacting the community. However, adopting a new Countywide Plan and unifying the Pinellas Planning Council with the Metropolitan Planning Organization are pretty high up there for me. These were efforts initiated and

worked on by many people, but being there to see them through completion was extremely rewarding.

What was the most challenging thing you faced and why?

Seeing good work in the more general field of planning get second guessed and picked apart many years later through the legal process. Urban planning is always evolving and it is important for professionals to use the best information possible in developing plans, and never stop looking for better ways to accomplish things.

Who influenced you the most in your planning career and why?

I cannot name one person, but must point to my professors at the University of West Florida and the Florida State University, my former directors Ron Pianta and Dave Healey, the current Forward Pinellas Executive Director Whit Blanton, as well as many of the elected officials I worked with over the past 30 years.

What did you do for your first day of retirement?

What I did was prepare for and then head off on an 11,000 mile, six-and-a-half-week trip riding my BMW motorcycle around the US and Canada. I was able to visit family and friends, as well as spend a large amount of time in the great outdoors. I love “adventuring” and expect to have many more opportunities to see our great country and to simply be outside more. continued on next page

Fall 2016 / Florida Planning 21

[RETIREMENT] ADVICE

continued from page 21

PAULA HARVEY, AICP

Retired from Hillsborough County

What advice would you give young planners?

Don’t give up. Stay with the hard project, or the difficult job situation, or whatever the problem of the day might be. Planning is one of the few professions where you can learn about all aspects of the world, from the environment to finance. The profession can last a lifetime and give you lasting memories and rewards.

What was your greatest accomplishment over your career?

My greatest accomplishment was being able to learn and become expert in subject matter that went way beyond my planning degree. I took advantage of every opportunity given to me to learn more, perform at a higher level and influence others. I’ve had a lifetime of education that I could have never learned in academia.

What was the most challenging thing you faced and why?

I lost my job in the late 70s. For the 15 months I was unemployed, my family struggled. But together, we got through it. From that point my husband and I knew we could make it through anything by working together. We decided to relocate to Florida, and as they say, the rest is history.

Who influenced you the most in your planning career and why?

I have to say it was a dear friend of my parents, Jack Cunning, who was the director of the State Planning Office in Tennessee in the mid-1960s. He was our neighbor when I went to college as a math major and he encouraged me to get into planning, which at that time had very few females in the program. His last position was Planning Director in Flagstaff, Ariz., from which he retired. He passed away a few years ago. He got me started, and I have never forgotten.

What did you do for your first day of retirement?

I slept late and enjoyed some time with my daughter at Disney World. It was the beginning of a whole month of traveling.

22 Fall 2016 / Florida Planning

STEVEN LINDORFF, FAICP

Retired from City of Jacksonville Beach

What advice would you give young planners?

I used to not so jokingly say that some planners haven’t been rolled down the hill and had the edges worn off.

By that I mean that we as planners have to learn early to pick our battles, because we definitely won’t win them all. I have had the good fortune of serving effectively (I think) in just three different planning agencies in my almost 45-year career in local government.

What was your greatest accomplishment over your career?

In addition to the three job thing, I think my election to the AICP College of Fellows (FAICP) in 2014 was the highlight. FAICP is capstone honor that recognizes effective and transformational work over a long period of time; and I am proud to have been selected.

What was the most challenging thing you faced and why?

I think there has to be any number of zoning change processes where the participants on one side or another decided to personalize things. Early in my career, I often heard that I had zero credibility because I didn’t live in the community where I worked.

My response: “I’m awake and on the job here; I am mostly asleep and dreaming about work where I live.” I recently participated as an advisor and zoning expert on a zoning case where the public hearing lasted 16 hours (10 a.m. to 2 a.m. the next day). Tough gig which got extremely personal as the night wore on.

Who influenced you the most in your planning career and why?

Dr. Richard Yearwood at Virginia Tech. Professor Yearwood taught me the basics of land use law and its importance to the day-to-day work of planners on the local government level.

What did you do for your first day of retirement?

I’m not too good at this retirement thing. I retired from full-time employment with the City of Jacksonville Beach in November 2014, but worked part-time for the city until September 2016.

I have a consulting firm called Community Redevelopment & Planning Consultants LLC that I set up to do any notary (or planning) work that might come my way. In between, my wife and I love to travel. I play at golf (broke 90 the 3rd time I played and never got any better). We recently did a Scandinavian Cruise; and are looking at a golf trip to Scotland in 2017.

2016

Winner

People’s Choice Award Cascades Park – Tallahassee

A record 37 nominations were submitted this year for the Great Places in Florida People’s Choice Award.

With the help of our partners (AARP, Florida Bicycle Association, Florida Recreation and Parks Association and the Florida City/County Management Association), the voting was narrowed down to five finalists: Cascades Park – Tallahassee, Downtown Boca Raton, Downtown Sarasota, Downtown West Palm Beach, The River District – Fort Myers

And after almost 3,000 people cast their vote, Cascades Park emerged as the People’s Choice!

Opening in 2014, the new Cascades Park is a joint project between the City of Tallahassee, Leon County, and Blueprint 2000, which distributes the 1 cent sales tax public improvement money. It cleaned, removed, and capped soil for environmental and health reasons, and constructed new ponds with extensive underwater pipes and water holding capacity. While it is a park, Cascades is also a critical part of the stormwater system that helps prevent flooding across the entire city. The entire park is designed to flood, if need be.

Cascades Park is a marvel of planning, landscape architecture, environmentalism, and sociology, nearly two centuries in the making.

In 1821, the rustic wilderness and waterfall on the site inspired state commissioners to place Tallahassee’s capital where it stands today. In it was home to Smoky Hollow, an established African American neighborhood, and Centennial Field, a minor league baseball field. By 1981, the baseball field had been shuttered and the residents of Smoky Hollow were forced to

give up their homes to make way for state offices and a new landfill, which would eventually become an EPA Superfund site.

Cascades Park also features a public amphitheater which seats 3,500 people, making it one of the largest venues in Tallahassee. It hosts everything from large commercial concerts to public literature and arts festivals, and creates a space for the community to come together.

Next door is the historic electrical plant from the first half of the 20th century, which hosts a restaurant and coffee shop as an additional amenity.

Cascades serves the community with a playground for children made with natural objects from Tallahassee and the Big Bend region, an interactive fountain for families to play and cool off in during the summer, miles of multi-use trails, and a Korean War Memorial.

Informational kiosks explain the storm water function of the park and point to the Prime Meridian Marker which state maps in Florida center themselves on. As Tallahassee’s first “Smart Park”, it also provides free wi-fi for visitors.

Finally, Cascades pays tribute to its roots with the Smoky Hollow memorial, which commemorates the old African American neighborhood with “shadow houses” showing the outlines and internal layouts of the shotgun houses that once dotted the valley and plaques explaining the life and customs of the residents.

Congratualtions to the residents & city of Tallahassee!

Fall 2016 / Florida Planning 23

By Karen Z. Consalo, JD & Max Forgey, AICP The local governments of Florida are vested with immense power and authority to guide the path of future development and shape the natural r o f s e ic and built environments of our state. In ct Best Pra Florida law and practice, these decisions ent m n r e v o G fall into one of two categories: legislative Local : g in k a M and quasi-judicial. The distinction between the ision c e D e s U two is significant, and should be reflected in the Land ach o r p p A e iv procedures employed by local government staff and gislat e L n o N A officials to ensure that land use decisions are based upon practices that uphold the letter and spirit of the local government’s comprehensive plan while satisfying constitutional due process standards and capable of withstanding challenges at the circuit court and appellate levels.

A local authority has broad discretion in reaching a legislative decision, limited only by constitutional requirements such as due process and other restrictions in federal or state law. They are required to provide sufficient constitutional due process during the land use application review to proponents and opponents. The minimum requirements in a legislative review are adequate notice to the public, a true opportunity by members of the public to testify on the matter, and compliance with statutory standards.

The quasi-judicial decision must first satisfy the same due process standards as a legislative decision, but if challenged, the court must also be convinced that the decision was compliant with other federal, state and local laws and was based upon evidence at the hearing which a reasonable person could rely upon to reach the same decision. In Florida law, a quasi-judicial decision must be supported by “competent and substantial evidence.”

The efforts of local government planning staff and attorneys notwithstanding, Florida still lacks uniform written procedures to guide land use decision-making at the legislative and quasi-judicial hearing level. Florida’s land use decision-making processes are in need of major repair, following four decades of seismic shifts in legislative and judicial policy. We contend that the repetitious errors in the land use approval process can be ameliorated through creation of a model code, through collaboration between the American Planning Association, Florida chapter, practicing land use attorneys, and professional organizations which represent attorneys and design professionals.

We propose as an end product a Best Practices Manual that can be adopted and modified as appropriate by local governments and distributed and shared amongst applicants and all members of the business and private community. Examples of items to be introduced and covered are:

Common contents of an application for rezoning or other land use change, public notice and contents of packets to the LPA, procedures for public hearings, and scheduling of hearings.

We understand that one size cannot fit all which is why we advocate a grass-roots approach to improving an inefficient and often unfair system, beginning with practitioners who work with the existing system.

Please refer to a longer article on floridaplanning.org that outlays our suggestions.

Karen Consalo, JD, is a partner with The Consalo Law Firm in Orlando and is Visiting Lecturer at the University of Central Florida Legal Studies

Department. She can be reached at karen@consalolaw.com. Max Forgey, AICP, is proprietor of Forgey Planning Services, a land-use consulting firm in Cape Coral. He can be reached at max@zoningtechnologies.com.

24 Fall 2016 / Florida Planning

APA FLORIDA WORKING FOR YOU APA FLORIDA REPRESENTED AT NATIONAL LEADERSHIP MEETING In mid-September, APA Florida was represented by President Andre Anderson and Executive Director Alex Magee at the Fall APA Leadership meeting in Washington D.C. This is one of two times per year when national leadership and all chapter presidents from around the country gather. The meeting covered a wide variety of committee meetings (including the Chapter Presidents Council meeting, of which Andre is a member) and organizational training.

The training included sessions on preparing for the upcoming legislative session, working with newly elected officials, social media tips and best practices, and creating partnerships.

Alex Magee was asked to speak about APA Florida’s legislative program on a panel focusing on creating effective state legislative events and programs. APA Florida was the only chapter asked to present on this issue.

2015-16 … BY THE NUMBERS APA Florida continues to stay active with its members as illustrated in this year’s By the Numbers Annual Report presented at this year’s annual conference in Tampa. Here are some highlights of our organization’s efforts: • The annual conference hosted more than 800 attendees (largest attendance since 2008) who participated in 4 mobile workshops, 10 mobile sessions and 66 sessions. Compared to the 2015 conference, 10 additional sessions were held at this year’s 2016 conference. Session presentations are now available online at floridaplanning.org. We’re looking forward to the 2017 conference in Daytona Beach.

• To continue outreach and information dissemination to our members, the chapter office provided the following: • 4 Florida Planning newsletters • 11 E-News & Notes • 5 Legislative Reporters (9 uploaded to the website.)

• The Legislative Reporters tracked a total of 86 bills.

• The AICP Exam pass rate also continues to rise from 42 percent in November 2015 to 62 percent in May 2016. APA Florida now has a total of 1,573 AICP certified planners.

• The number of CM Credit events (excluding the Annual Conference and Policy Workshop) from July 2015 through July 2016 was 3, which offered 101 CM credits. APA Florida held our Chapter’s first Emerging Topics Webinar (Demographics are Density!) this past August. Our Sections provided 145 CM Credit events offering a total of 302 CM credits.

Fall 2016 / Florida Planning 25

APA Florida

PLANNERS ON THE MOVE MARA LATORRE LANDS PLANT CITY POSITION Recent USF graduate and Tampa native Mara Latorre began work last month with the city of Plant City. “You’re helping to influence the blueprint of a community, the future well-being of an area,” Latorre told the Plant City Observer. “From helping with roadways to affordable housing and parks ... (ultimately) the quality of life improves for people. I’m really in a place of learning right now. I’m excited to learn whatever I can about Plant City, and I’m excited to have this position. I want to make sure I’m listening to the community. It is your city, and I’m excited for what the future holds.”

Read more about Mara in the Plant City Observer.

LEE COUNTY’S MARISSA FEWELL HEADING TO SOCAL Marissa Fewell, a Planner for Lee County Community Development and the Professional Development Officer for the APA Florida Promised Lands Section, has accepted a new job for the City of Inglewood in southern California. Marissa arrived in Fort Myers in the Fall of 2015 and started her new position in Lee County. Marissa was born in Gainesville, but grew up in Northeast Ohio. She earned her B.A. in Urban Affairs from Cleveland State University with emphasis in Planning and Environmental Studies. While in school she spent a semester studying at the University of Westminster in London, England. Upon receiving her degree, she was recruited to work for the North Central Texas Council of Governments in Dallas where she worked on various air quality programs including Solar Ready II and Electric Vehicles North Texas. Marissa enjoyed her time in SW Florida and was happy to have attended the APA Florida conference in Tampa. Best wishes and best of luck to Marissa as she sets her sights on SoCal.

MAKE PLANS TO ATTEND APA Florida Public Policy Workshop February 8, 2017 • Tallahassee, FL Check floridaplanning.org for more details and registration information.

26 Fall 2016 / Florida Planning

[PRESIDENT’S] MESSAGE

continued from page 3

• Membership “Thank You” note to new members and renewing members • Recognition program for members locally and nationally • Reducing the age for retired member eligibility • Supporting student and emerging planners • Develop across the board marketing materials to use in schools • Develop a resource hub for best practices on mentor programs • Working with AICP Commission to implement their latest initiative - AICP Candidate 5-Year Pilot Program aimed at finding a direct path to certification and member retention October was not only the month for Halloween and trick or treating; it is also when we celebrated National Community Planning Month, which is a time to highlight the important role of planning in our community. Planners help create communities of lasting value and are skilled at various interests and viewpoints that emerge as a community plans its future. Planners work for the greater good and have the unique expertise to comprehensively address the impacts of today’s action on tomorrow’s communities.

I would love to hear what you did to celebrate National Community Planning Month and how you are making a lasting impact on your community. Send me a note at andre.anderson@stcloud.org.

Until next time, continue to #PlanFlorida.

Andre Anderson, AICP APA Florida President

LAND USE & PLANNING: Law Case Update Bair v. City of Clearwater, 196 So. 3d 577 (Fla. 2d DCA Aug. 5, 2016) In 2008, the Bairs purchased a waterfront home on Clearwater Beach. The Bairs’ property is located in a “V” flood zone. In 2011, the Bairs filed a permit application to remodel their home and to add an addition onto their home. Pursuant to the City of Clearwater’s Development Code and certain Federal Emergency Management Agency (“FEMA”) regulations, if the Bairs proposed to make substantial improvements to their home, they would need to elevate their home “so that the bottom of the lowest horizontal part of the structure would be at or above the base flood elevation level.” The term “substantial improvements” is defined to consist of “modifications or improvements to a structure made during a one-year period that equal or exceed 50 percent of the market value of the structure before the modifications or improvements commenced.”

The City of Clearwater (“City”) required the Bairs to obtain an appraisal to determine the market value of their home prior to any of the improvements being made. The appraisal would provide a benchmark for the City to determine whether the 50% threshold had been met. The Bairs submitted an appraisal and an affidavit from their engineer which demonstrated that the 50 percent threshold had not been met. Consequently, the Bairs would not need to elevate their home. Based upon such documentation, the City issued the permit to the Bairs.

Nine (9) days after construction began on the Bairs’ home, which included a partial demolition, the City issued a stop-work order because the “partial demolition was so extensive that the City believed the improvements and addition would exceed 50 percent of the market value of the pre-existing structure.” The Bairs provided additional documentation in an effort to convince the City that the 50 percent threshold had not been met. The City refused to lift the stop-work order.

In 2013, the Bairs filed a two-count complaint against the City. Count I was based upon the Bert Harris Act. Count II sought damages based upon equitable estoppel. The trial court dismissed the equitable estoppel claim and granted summary judgment in favor of the City on the Bert Harris Act claim.

The Second District Court of Appeal affirmed the trial court’s decisions. The Bert Harris Act only pertains to a law, rule, regulation, or ordinance that was adopted after May 11, 1995.

The sections of the City Code that the City applied to the Bairs were adopted prior to May 11, 1995. Thus, the Bert Harris Act claim failed as a matter of law.

The Second District also rejected the Bairs’ efforts to expand the scope of the Bert Harris Act. The Bairs contended that the City’s ongoing requests for information, requests for revisions to plans, and its change in position could form the basis for a Bert

by: David Theriaque, Esq.

Harris Act claim. The Second District disagreed, holding that the Bert Harris Act only applies when a local government entity has applied a law, rule, regulation, or ordinance.

The Second District further held that the City’s reliance upon FEMA regulations could not form the basis for a Bert Harris Act claim. The Court noted that the term “governmental entity,” as used in the Bert Harris Act, “does not include a municipality that ‘independently exercises governmental authority . . . when exercising powers of the United States or any of its agencies through a formal delegation of federal authority…’”

Lastly, the Second District concluded that the Bairs’ attempt to plead “equitable estoppel” as a stand-alone count was improper.

Noting that there is a split among the Florida District Courts of Appeal, the Second District held that equitable estoppel is “a defensive doctrine rather than a cause of action.”

This is a good case regarding several aspects of the Bert Harris Act. Blair Nurseries, Inc. v. Baker County, 2016 WL 4751757 (Fla. 1st DCA Sept. 13, 2016) In 2002, Blair Nurseries, Inc. (“Blair Nurseries”), subdivided property into twenty-two (22) five (5) acre residential lots. Blair Nurseries sold one lot to Celeste Reynolds who built her home on such lot. No other lots were sold. In 2014, Blair Nurseries filed an application to vacate the subdivision plat (excluding the one lot that it had sold). Blair Nurseries desired to utilize the property for agricultural purposes.

Pursuant to Section 177.101(3), Florida Statutes (2014), Blair Nurseries was required to meet three (3) criteria: (1) that it owned the property “covered by the plat sought to be vacated;” (2) that “the vacation [of the plat] by the governing body of the county will not affect the ownership . . . of other continued on next page

Fall 2016 / Florida Planning 27

[LAW CASE] UPDATE

continued from page 27

persons owning other parts of the subdivision,” and (3) that vacation “will not affect the . . . right of convenient access” of such persons.

(Emphasis in original).

The Baker County Board of County Commissioners (“BOCC”) conducted a public hearing on Blair Nurseries’ application. Ms. Reynolds spoke in opposition to the application, contending that vacation would reduce the value of her home. The BOCC voted unanimously to deny the application, apparently on the basis that Blair Nurseries failed to meet the second prong of the three-prong test as a result of the reduction in value of Ms. Reynolds’ home.

Blair Nurseries filed a lawsuit, arguing that the County failed to observe the essential requirements of the law when the BOCC denied Blair Nurseries’ application. The circuit court ruled against Blair Nurseries because “it viewed the [BOCC] as having essentially unreviewable discretion to grant or deny an application…” The circuit court determined that the use of the word “may” in Section 177.101(3), Florida Statutes, meant that the BOCC was not required to “reach a particular decision if certain criteria are met…”

On second-tier certiorari review, the First District Court of Appeal quashed the circuit court’s decision, holding:

Far from conferring unreviewable discretion, section 177.101(3) is a narrow grant of authority by which local governing bodies must govern their actions… Local governing bodies do not have unbridled discretion to do what they want or believe is justified; instead, upon a showing of the statutory requirements (and, if applicable, local code-based requirements), the [BOCC] has a legal responsibility to grant the vacation request unless they prove non-compliance with applicable law.

The First District concluded that the trial court’s denial of judicial review constituted a miscarriage of justice. “It is hard to imagine anything more manifestly unjust than a complete denial of judicial review when it should otherwise have been provided as a matter of right.”

This case provides another example of what could happen when a court is confronted with construing the word “may.”

Castro v. City of Sweetwater, 24 Fla. L. Weekly Supp.

205a (Fla. 11th Cir. Ct. June 13, 2016) The City Commission for the City of Sweetwater granted three (3) variances to setback requirements. It appears that the City Staff initially denied the variances and the applicant filed a Notice of Appeal to the City Commission. Lucy Castro

28 Fall 2016 / Florida Planning

sued, contending, in part, that the City Commission improperly conducted a de novo evidentiary hearing instead of an appellate proceeding as required by the City Code.

The Circuit Court ruled in Ms. Castro’s favor, holding: Based upon the express provisions of the City’s Land Development Code, the City Commission’s scope of appellate review is restricted to a review of the record made below, as the City Commission is only empowered to “affirm, reverse, or modify the actions of the Planning & Zoning Board” based on the record made before the Planning & Zoning Board.

Thus, the City Commission does not have the authority to conduct a de novo hearing when considering a Notice of Appeal.

This case reinforces the necessity of a local government strictly following the procedures mandated by a local government’s land use regulations.

David Theriaque is with the firm of Theriaque & Spain in Tallahassee. He can be contacted at dat@theriaquelaw.com.

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Fall 2016 / Florida Planning 29

[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 webbased consultant directory. Display ads to promote your business, conference, projects and more are available. Contact the Chapter office at 850-2013272 for rates and details.

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SAVE THE DATE!

2017 APA Florida Annual Conference September 5-8, 2017 Daytona Beach, Florida Details coming soon.

30 Fall 2016 / Florida Planning

[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.

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 www.planning.org/myapa

ARTICLES Florida Planning welcomes articles, announcements, letters, pictures and advertising. Call 850-201-3272 regarding articles.

The next issue will be published January 2017.

DEADLINES

[THANK YOU] TO OUR ANNUAL SPONSORS

[UPCOMING] EVENTS NOV. 4: 10TH ANNUAL ETHICS SEMINAR Boca Raton. The Broward and Treasure Coast Sections are co-hosting this seminar. Titled Looking Forward and Looking Back, the program will feature a mix of sessions that highlight lessons learned from the past as well as current and new ethical issues that many of us face in our everyday work experiences. Sessions will address: moral development, public ethics in the news, ethical challenges in redevelopment, role of technology in the future, repealing Florida’s corruption tax, and more. Information here.

NO. 29-30: 4TH ANNUAL FLORIDA AUTOMATED VEHICLE SUMMIT Lakeland. The 4th Annual Florida Automated Vehicles Summit is an event dedicated to showcasing Florida’s progress in preparing for automated vehicles. With an organized agenda full of industry experts, keynote speakers, and ongoing live demonstrations, attendees will have the opportunity to gain insight into what Florida is doing to create the ideal climate for the implementation and deployment of autonomous and connected vehicle technologies. Information here.

DEC. 1-2: 10TH UNIVERSITY TRANSPORTATION CENTERS SPOTLIGHT CONFERENCE: PEDESTRIAN AND BICYCLE SAFETY Washington DC. This conference will promote synergies among diverse transportation research and practitioner groups in order to understand and address the unique issues involved with pedestrian and bicycle safety; to spotlight recently completed and ongoing research; and to identify existing knowledge gaps in current research and related activities. Information here.

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.

DEC. 12: 2016 CELA TEGA CONFERENCE: RESILIENCY AND ADAPTATIONS IN THE ESTERO BAY REGION Fort Myers. Punta Gorda has a climate change adaptation plan and at present the community is successfully implementing it. Lee County has a Climate Change Resiliency Strategy, which they were implementing until, unfortunately, the economic downturn of 2008-2009 necessitated reorganization. Participants at the conference will get to hear speakers about vulnerability assessment, adaptation and resiliency plans and strategies, including those being implemented in Punta Gorda, and other national and international locations. Information here.

ABOUT THE CHAPTER

JAN. 13: NOW IN MY BACK YARD: A SEA LEVEL RISE SYMPOSIUM Captiva. Save the date! The Captiva Community Panel together with other sponsors, is hosting a symposium on Sea Level Rise, Friday, January 13, 2017 at the South Seas Island Resort. The featured speaker is Harold Wanless, Ph.D., University of Miami. Information here.

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 www.floridaplanning.org.

APA Florida 2017 Delta Boulevard, Suite 201 Tallahassee, FL 32303 Phone: 850-201-3272 Fax: 850-807-2576

FEB. 8: APA FLORIDA PUBLIC POLICY WORKSHOP Tallahassee. APA Florida is once again hosting the Public Policy Workshop. This one-day workshop is the place to learn what pertinent policy changes may impact the planning community -- from the national, state and legal areas. Save the date! Information here.

For more information on these and other APA Florida events, please visit www.floridaplanning.org/calendar/