florida planning - APA Florida

florida planning - APA Florida

FLORIDA PLANNING A Publication of the Florida Chapter of the American Planning Association Spring 2016 www.floridaplanning.org The Emergence of Mic...

3MB Sizes 0 Downloads 0 Views

Recommend Documents

superbrewconomics - APA Florida
Sep 11, 2015 - Microbrewery / What Makes it Unique. • Learn about Economic Impacts. • Gain Understanding of Treatmen

Upcoming Events - APA Florida
Committee are doing a fine job serving their profession and the State of Florida. ... Picayune Strand State Forest and C

What Will Florida Look Like in 2070? - APA Florida
High-Tech Millennial Lifestyle Inspires Micro Apartment Boom · Obama Takes On Zoning Laws to Address Housing Shortage ·

201 0 APA Florida Project Awards - Miami21
201 0 APA Florida. Project Awards ... APPLICANT: University of Florida ... Unified Land Development Code (ULDC) for the

Developing TOD Affordable Housing - APA Florida
Developing TOD Affordable Housing. September 6, 2014 ... TOD: Can You O-D Without the T? • Pedestrian and Bicycle Netw

Here Comes the Big Box - APA Florida
requiring staff to make a recommendation based on a wide variety of planning criteria that cover impacts to infra- struc

Florida Spaceports Florida Spaceports Florida Spaceports Florida
May 7, 2001 - The purpose of this project is to look at international, federal, and state law related to commercial spac

Economic Challenges, and the Personal Finance Handbook for help. 1883: Henry Morrison Flagler visits St. Augustine. Flag

Mar 27, 2017 - provide a regional rail service to its residents along the Florida East Coast (FEC) corridor. The TRCL pr

Coastal Planning in Florida: Recent Changes to - Florida Sea Grant
Eugene Henry, Hillsborough County. • Christine Hurley, Monroe County ... Nichole Hefty, Miami-Dade County. • Jimmy M

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

Spring 2016


The Emergence of Microbreweries in Florida By: Jason Burton, AICP, Devn Levins, Marcie Stenmark, AICP

Brewpubs and microbreweries are emerging land uses in Florida.

Some of these uses have food and entertainment components. Orlando, Safety Harbor, and Tallahassee have been working to address this new use in their codes. ORLANDO Local breweries and distilleries can have a large contribution towards a city’s tourism and nighttime economy; specifically, for Orlando, it could also entice more visitors into our central city. Currently, Orlando has accessory use rules in our Land Development Code that allow up to 25 percent of floor area to be other uses not typically allowed in a commercial/mixed-use zoning district (such as manufacturing of alcohol products) when approved by our Planning Official. We are considering specific amendments to our code this Spring to increase that allocation to 50 percent for these microbreweries, microdistilleries, brew-pubs and nanobreweries. continued on page 4

continued on page 4




What’s New in the World of AICP?


APA FL 2016 Election Nominations


North Ranch Master Plan Shows Importance of Collaboration


Public-Private Partnerships Help Expand Local Transit


Planners as Prophets


FSU Department of Urban & Regional Planning

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.

President’s Message - p. 3 APA Florida Working for You - p. 19 Section Happenings - p. 20 Planners on the Move - p. 21 Law Case Update - p. 22 Consultants Directory - p. 25 Events - back page



Phone Fax E-mail

APA Florida Executive Committee President Melissa Zornitta, AICP

813- 272-5940

813- 272-6255 [email protected]


Andre Anderson, AICP



[email protected]

Sun Coast Section

Stephen Benson, AICP, CNU-A 813-843-8359

[email protected]

VP-Professional Development

Henry Bittaker, AICP


[email protected]

First Coast Section

Wiatt Bowers


[email protected]

Orlando Metro Section

Jason Burton, AICP


[email protected]

VP-Conference Services

Kathie Ebaugh, AICP


[email protected]

VP-Membership Services

Laura Everitt, AICP



[email protected]

Atlantic Coast Section

Lisa Frazier, AICP


[email protected]


Allara Mills Gutcher, AICP 850-875-8663

[email protected]

San Felasco Section

Adam Hall, AICP


[email protected]

Heart of Florida Section

Hetty Harmon, AICP


YPG Representative

Brandon Henry

[email protected]

VP-Section Affairs

Tony LaColla, AICP



[email protected]

Treasure Coast Section

Josh Long, AICP



[email protected]

University Liaison

Joseli Macedo



[email protected]

Student Representative

Andrew Meyer

[email protected]

Promised Lands Section

Tony Palermo, AICP



[email protected]

VP-Certification Maintenance

Rick Perez, AICP


[email protected]

Emerald Coast Section

Kristen Shell, AICP


[email protected]

VP - Communications

Marcie Stenmark, AICP


[email protected]

Immediate Past President

Brian Teeple, AICP



[email protected]


Alissa Barber Torres, AICP


[email protected]

Broward Section

Thuy Turner, AICP


[email protected]

Gold Coast Section

Lynda Westin, AICP


[email protected]

Capital Area Section

Barry Wilcox


[email protected] ff

Executive Director

Julia “Alex“ Magee



[email protected]

Ad. Assistant/Bookkeeper

Amanda Pickles



[email protected]

Communications Coordinator Patti Shea



[email protected]

Legislative Representative

Lester Abberger



[email protected]

Webmaster (Consultant)

Summer Taylor

888-949-5487 x706


[email protected]

[email protected]

All Other Inquiries, contact APA Florida at 1-850-201-3272 or e-mail [email protected]

2 Spring 2016 / Florida Planning

PRESIDENT’S MESSAGE Happy Spring, Everyone! As I write this I am just returning from the APA National Conference in Phoenix. As usual, it was a great experience to join more than 4,300 planners from across the country in learning about innovative planning projects, tools and techniques. It was fun to see so many from Florida - presenting at sessions, networking at receptions or checking out the sites around town. In particular, it was very special to get to see four of our chapter members inducted into the Fellows of the American Institute of Certified Planners; we are thrilled their distinguished careers were recognized with our profession’s highest honor. It was also fun to see Florida planners leading our professional organization at a national level. We are fortunate to have Val Hubbard as the AICP Commission President and Silvia Vargas serving as our region’s AICP Commission representative.

I want to thank the efforts of Patti Shea, our Communications Coordinator, Alex Magee, our Executive Director, and Marcie Stenmark, our VP Communications, for all their work to make us a leader in communicating with our members. APA National is working on a number of great services for members that were highlighted at the conference. They are making Planner Advisory Service Reports available to all members electronically as a member benefit starting in the fall. The AICP Commission approved allowing Pro Bono planning work (like volunteering for APA Florida!) count for up to 8 CM credits using the self-reporting option. I have been working on a Membership Committee for the Chapter President’s Council. Reduced dues for students and new members is one big initiative that we have been collaborating on. Hopefully that will be implemented by the 2017 school year. APA unveiled a major website overhaul, which makes it much more user friendly. APA has also conducted a communications audit to help focus their efforts on improving communications with members. I am particularly proud of what the communications audit had to say about the Florida Chapter. Our website was identified as a model with “robust, varied, good content for multiple audiences.” Our efforts in increasing our member engagement in social media were also recognized. “Florida has arguably the best Facebook page of the chapters reviewed. Content seems much more spontaneous than most and more photo driven. Posts invite more engagement.” They also found for Twitter that “the most successful chapter in terms of number of followers and use of the platform is Florida.” I want to thank the efforts of Patti Shea, our Communications Coordinator, Alex Magee, our Executive Director, and Marcie Stenmark, our VP Communications, for all their work to make us a leader in communicating with our members. If you aren’t engaging with us on social media or checking our website and newsletters regularly, please do - you are missing out!

Melissa Zornitta, AICP APA Florida President

Spring 2016 / Florida Planning 3


continued from cover page

We are also considering definitions culled from APA’s Planning magazine article on this matter to better define these uses. Additionally, these rules will allow brewpubs (a restaurant that crafts its own beer on site for on-site consumption, or a brewery with an attached restaurant) in industrial zoning districts. We are also adding rules to restrict hours of operation to before midnight when approving these uses, so they may not disturb nearby residences in our various Main Street Districts, where such uses are likely to locate. Reaction thus far from the city’s administration has been positive, and we see this as an economic development tool to diversify our “locavore” culture, promote business flexibility, increase visitors, and compete with other cities as a microbrewery destination. SAFETY HARBOR In 2015, Safety Harbor’s first microbrewery, Crooked Thumb, opened its doors. Located in a former auto body warehouse, this use is surrounded by light industrial and warehouse uses. The building includes a 15- barrel microbrewery with tasting room. The microbrewery has brought activity to this area during late afternoon, evening and weekend hours. Recently, the Crooked Thumb received the Mayor’s Award of Excellence, in the commercial category. Until recently, microbreweries and brewpubs had not been contemplated by the city’s code. After receiving feedback from potential business owners regarding this emerging use, staff worked with the community to prepare a code amendment. In March of 2014, the Safety Harbor City Commission approved a Land Development Code amendment to adopt regulations to recognize brewpub, microbrewery, micro-distillery uses. The regulations define the uses, and establish parameters including tasting room size, parking ratios, and zoning districts 4 Spring 2016 / Florida Planning

where they are permitted or allowed as conditional uses. Brewpubs generate more than 50 percent of their business revenues on food sales. Since the code was amended, several other microbreweries have expressed an interest in opening their doors in Safety Harbor. Crooked Thumb Brewery » Craft Brewery coming soon to Safety Harbor, FL TALLAHASSEE Over the last three years Tallahassee has been on the radar for microbreweries. During this time there have been three breweries established, another that recently secured a location, and at least two others that are currently looking for sites. The breweries locating in the Capital City are typically interested in one of two business models: The first model, the business operates as a bar where the product is made and sold onsite, with shipping of the beverages being accessory to the bar; and the second model focuses on production and shipping as the primary use, with an accessory use of a small tasting room and tours. Understanding the business approach makes determining where this use is allowed much easier. Although microbreweries seem like a new use, based on the business model, the use exists in most cities. Going back to the first model, this would be considered an “eating/drink establishment or cocktail lounge and bar.” Any zoning district that allows this use, would also allow microbreweries. The second model is based around production, shipping, and wholesale. Due to the nature of this approach, this use would fit into districts that allow industrial and light industrial uses. To date, both models have been established in Tallahassee and each has worked for the perspective brewers. Although microbreweries are not called restaurants or bars, they do operate in the same way. It is easy for planners to


continued from page 4


wear blinders and inform the citizens that a microbrewery is not allowed. Planners need to focus on how these uses mirror existing uses in code. It needs to be understood that local businesses support local economies and as these businesses grow, so do our tax revenues. As we continue to see an influx of these “New Uses,” we as planners need ask ourselves, “are these in fact new uses or existing uses disguised with a modern name.” “During site selection for DEEP Brewing, condensing our production facility and tasting room into a 2400 square-foot facility took a great deal of creativity. Thankfully our efforts were mirrored by the city planning department’s open-minded interpretation of our intent related to zoning regulations. We ended up in a small office/warehouse park with a light industrial zoning. Our neighbors include an engineering firm, medical service and equipment providers, indoor recreation, electronics assembly, and an online pottery retailer,” said DEEP Brewing owner Ryan Lapete.

After years of waiting, the Florida Legislature last year overturned a Depression era bill and opened the taps to allow half-gallon containers to be filled at breweries, in addition to quarter-gallon and gallon-sided bottles. The Growler Bill – which was championed by the states’ burgeoning craft beer industry – cancels the requirement that the manufacturing, distribution and sale of beer be separated. Manufacturers that refill growlers can have taste rooms in permitted locations and cannot transport taproom suds outside the brewery. The law went into effect on July 1, 2015. -- Patti Shea

Jason Burton, AICP, is the chief planner for the city of Orlando and can be reached at [email protected] . Marcie Stenmark, AICP, is the community development cirector for Safety Harbor, can be reached at [email protected] Devon Levins is a planner with the city of Tallahassee and can be reached at [email protected]

IN MEMORIAM APA Florida was saddened to learn of the passing of Marcie Oppenheimer Nolan, JD, AICP, on April 24. A Palm Beach County native, Marcie graduated from University of Massachusetts at Amherst in 1991 with a BFA, and worked for Greenpeace and Amnesty International. She continued her education at Eastern Washington University, earning a Master’s degree in Urban and Regional Planning in 1995. After serving as a planner for the cities of Greenacres and Sunrise, she joined at the Town of Davie. She stayed there for many years, rising first to lead their planning department and later to become an assistant city manager. At the same time, she attended Nova Law School at night to achieve her dream of becoming a land use and zoning attorney. She graduated and passed the Florida Bar in 2008, and opened a solo practice at one of the most difficult times for

new attorneys to launch their practices. She succeeded, representing the Davie CRA and other public and private clients, and eventually made the decision to join the law firm of Becker & Poliakoff as an attorney and certified land planner in the Firm’s Government Law & Lobbying Group in 2010. She continued to represent the Town of Davie Community Redevelopment Agency as well as a wide range of public and private clients. She also taught “Legal Aspects of Planning” to Masters in Urban and Regional Planning students at Florida Atlantic University. She remained active with the Florida Chapter of the American Planning Association and other planning organizations, including service as the Chair of the ULI Southeast Chapter Infrastructure Committee, Vice Chair of the South Florida Community Land Trust, and a board member of the Davie Area Land Trust. She was a graduate of Leadership Broward and was selected as one of The Outstanding 100 Women of Broward County. A 48-year-old wife and mother of two children, Marcie was passionate about planning, about her family, and about life. Her energetic and optimistic spirit was always evident, and she courageously faced her four-year long battle with cancer with grace and dignity. Spring 2016 / Florida Planning 5

6 Spring 2016 / Florida Planning

WHAT IS NEW IN THE WORLD OF AICP? By Silvia E. Vargas, AICP, LEED AP AICP Commissioner, Region III

To those of you who attended the conference in Phoenix, I hope you had a productive and enjoyable conference. For those who could not be there, do not despair! APA continues to add statistics, keynote summaries, event photos, blog posts, and other relevant conference reports to the newly launched website. Check www.planning.org/conference for the latest information. For my part, AICP Commission work kept me busy. The AICP Commission held its spring meeting on April 1 and prominent on our agenda was taking action on a series of key initiatives focused on improving and expanding AICP Certification and CM options for our members. Below is a summary of several noteworthy decisions coming from the meeting that you should be aware of: • We approved the scope of work for a market research study on the value of AICP credentialing programs.

As part of its mission to advocate for the acceptance and recognition of the AICP credential, the commission seeks to learn how various audiences both within and outside the profession (e.g. - employers, elected officials, affiliated professions, and the general public) perceive certification and how well AICP is meeting their expectations.

The market research study will help APA develop a marketing and communications strategy to increase brand awareness of the credential, increase the number of hires with AICP, and foster financial support from employers for their planners’ AICP certification, AICP membership and required continued education – among other goals. The market research study will be supplemented by the results of the recent Jobs Analysis and Salary surveys and will be completed later this year.

• We endorsed moving forward with a proposal to establish the AICP Candidate (AICP-C) program.

The commission’s Membership Committee has been diligently working on a proposal to create a clear path to AICP Certification to meet a variety of goals and action items in the AICP Strategy/Action Plan. Called “AICP Candidate,” the concept is geared towards attracting and retaining more recently graduated student members and new planners, thus growing the AICP and APA’s membership base as a whole. AICP-C members will be expected to follow and be subject to the AICP Code of Ethics.

Implementation details such as required education and years of experience, the lifespan and cost of the designation are still being worked out. It is critical that decisions regarding the AICP-C program are in synch with other APA efforts such as the Student and New Member Task Force initiatives. We also plan to reach out broadly to members for feedback.

• We unanimously voted to approve providing Certification Maintenance (CM) credit for eligible pro bono work. Over the years, the commission has received encouragement from members to allow credits to be claimed for pro bono activities. The AICP Code of Ethics and Professional Conduct clearly calls for certified planners to “contribute time and effort to groups lacking in adequate planning resources and to voluntary professional activities.” The AICP Commission approved the concept at its February 2016 meeting. continued on page 8

gs n i t e e Gr

from the nce! r e f n o C l a n o APA Nati Spring 2016 / Florida Planning 7


continued from page 7

Qualified pro bono service will become another option for selfreported CM credits. AICP members may self-report a maximum of eight CM credits in a two-year reporting period. Moving forward, all of those self-reported CM credits may consist of pro bono activities. One hour of eligible pro bono service will equal one CM credit; the credits must be claimed in one-hour increments.

Prior to earning CM credits for pro-bono work, members will be required to view a short, web-based tutorial which will explain the eligibility criteria.

In addition to taking action on those initiatives, the commission also reviewed progress on the update of the AICP exam. The AICP Exam Committee continues to work towards making May 2017 the first testing widow for the new exam content.

The results of the recent Jobs Analysis survey will serve as one of several sources of input to develop new test specifications (exam content outline.) The draft exam content outline will be shared with Professional Development Officers (PDOs) at the next PDO Exchange for comment. Their feedback will help develop new subject matter for the exam. New (or improved) questions will be written based on the revised test specifications. Stay tuned for additional information –and requests for your input– regarding these programs in the coming months. To close this brief report on a hurrah! note for Florida, I would like to congratulate the newly minted Fellows of AICP from our fair state: Ramond A. Chiaramonte, Brian C. Canin, Paul Steven Lewis, and Saralee L. Morrisey. As the Chair of the College of Fellows Committee, it was my great honor to help present the FAICP distinction to these outstanding professionals during the 2016 Class of AICP Fellows induction. Cheers!

NOMINATIONS BY PETITION FOR APA FLORIDA 2016 ELECTIONS Pursuant to the Chapter Bylaws, the Nominations Committee has presented the proposed election slate (see below) to the APA Florida Executive Committee. Nominations for any office may be added to this slate by petition of at least twenty members. Petition forms may be downloaded here or by contacting the Chapter Office at [email protected] Please submit the petition to the 2016 Nomination Committee c/o APA Florida, 2017 Delta Boulevard, Suite 201, Tallahassee, FL, 32303 by 5:00 PM on June 3, 2016. Each petition should clearly identify the proposed candidate and office for which their name is being offered. Each member signing the petition must both print and sign their name, and must include their membership number. If you have any questions about the petition process, please contact the Chapter office.

8 Spring 2016 / Florida Planning

2016 APA Florida Election Slate President-Elect Treasurer Secretary VP-Membership Services VP-Section Affairs VP-Professional Development VP-Certification Maintenance VP-Communications VP-Conference Services

Laura Everitt, AICP Josh Long, AICP Brad Cornelius, AICP Tony LaColla, AICP Kim Glas-Castro, AICP Vanessa Christiansen Marcie Stenmark, AICP Lindsay Stevens, AICP Kathie Ebaugh, AICP Doug Kelly, AICP Henry Bittaker, AICP Derek Burr, AICP Alexis Crespo, AICP Allara Mills Gutcher, AICP Jesse Blouin, AICP Michelle Heinrich, AICP Wiatt Bowers, AICP Jay Collins, AICP

When you choose Kimley-Horn

for planning, you choose talent, experience, and passion for the task at hand. Our perceptive planners bring an abundance of local knowledge and technical expertise to guide you through difficult development regulations, challenging approvals, and demanding policy and strategy development. We grasp complex community issues and offer tailored solutions to help you reach critical consensus on urban planning and community engagement issues. With Kimley-Horn focused on your success, you can look confidently to the future, knowing we’ve got you covered.


Spring 2016 / Florida Planning 9

NORTH RANCH MASTER PLAN SHOWS IMPORTANCE OF COLLABORATION By David Powell and Chris Sinclair, AICP The 133,000-acre North Ranch Master Plan in Osceola County represents the culmination of 10 years of the landowner’s collaboration with state, regional, and local governmental entities along with citizen groups and other stakeholders. The plan covers only a portion of the 295,000-acre ranching and farming operation of Farmland Reserve, Inc., an affiliate of The Church of Jesus-Christ of Latter-Day Saints doing business as Deseret Ranches of Florida, Inc. (Deseret). Of the planning area, 70 percent is improved pasture, farmland, or rangeland. The land use plan—the largest ever approved in Florida— designates 56,000 acres for permanent protection as environmental or agricultural land with another 20,000 acres for open space, greenways, and parks. It puts in place a framework for eventual urban development on 50,000 acres, accommodating 490,000 people in multiple urban centers by 2080. Significantly, the plan will direct growth east, away from the Northern Everglades. “The North Ranch Master Plan provides a framework to shape how our property will fit into the expansive growth projected for our region over the decades to come,” says Deseret’s General Manager Erik Jacobsen. “We worked with Osceola County and other stakeholders to protect what we all love about living in Central Florida.” Buffeted by growth pressures from the east and west, Deseret began preparing more than 10 years ago for the future of its lands in Brevard, Orange, and Osceola counties. In an internal visioning process, a multi-disciplinary team recommended a ranch vision with a balance of continued ranching and farming, permanent environmental set-asides, and urban growth at densities that would support transit. Ranch managers embraced it. From there, Deseret began working with local, regional, and state governments as well as citizen groups and other stakeholders. Deseret actively participated in preparation of the “How Shall We Grow?” regional vision created by myregion.org in 2006-2007. In fact, the “Naturally Central Florida” environmental plan that was the foundation for “How Shall We Grow?” is now the foundation for the North Ranch Master Plan. Cowboys

10 Spring 2016 / Florida Planning

continued on page 11


continued from page 10

In 2011, Deseret collaborated with the Florida Department of Community Affairs, state agencies, local governments, environmental stakeholders, and others in an overhaul Florida’s sector-planning law. This statute provided the legal and planning basis for the North Ranch Master Plan. In 2013, Gov. Scott established the East Central Florida Corridor Task Force to lay the groundwork for long-term transportation corridors to link economic centers in Brevard, Orange, and Osceola counties. Deseret’s Jacobsen sat on the task force, and the ranch’s planning team provided technical assistance. The task force recommended evaluation of four study areas for new multi-modal corridors in the region, all of which crossed the ranch and are incorporated into the North Ranch Master Plan. Also in 2013, Osceola County and Deseret entered into a planning agreement to jointly prepare a master plan for a 133,000-acre parcel of the North Ranch. County staff organized a public involvement campaign with three workshops for interested citizens and others to provide comments and suggestions. In October 2014, the Osceola County Board of County Commissioners considered a proposed ranch plan but called for staff and ranch managers to meet with environmental stakeholders to address their concerns. They met six times over the next nine months and resolved all but one issue. Finally, County staff and ranch managers worked with state and regional agencies and environmental stakeholders to address issues presented in an objections, recommendations, and comments report from the Department of Economic Opportunity (DEO). The North Ranch Master Plan was unanimously adopted on September 21, 2015, and found “in compliance” by DEO on Oct. 30, 2015. Implementation activities are scheduled to begin in 2016 with recordation of a Land Protection Agreement that will govern the 56,000 acres of permanent environmental and agricultural lands.

Aerial view above Nova Road, Osceola (above)

Aerial view above US 192 (above)

Row crops (below) Oaks and cattle (above)

David Powell is a senior shareholder in the Tallahassee law firm Hopping Green & Sams and served as land use counsel to Deseret Ranches of Florida, Inc. He can be reached at [email protected] Chris Sinclair, AICP, is a principal of Renaissance Planning Group of Orlando and served as lead planner on the North Ranch Master Plan. He can be reached at [email protected]

NEW WATER & FREIGHT POLICY GUIDES The APA Legislative and Policy Committee appointed two task forces charged with drafting new policy guides on water and freight. These guides were discussed at the Delegates Assembly in Phoenix and will be considered for adoption at the fall Leadership Meeting. In addition to work on these new policy guides, the committee has completed work on a new “sustainability framework” that will replace the existing policy guide on planning for sustainability. This new framework recognizes that sustainability touches

many different areas of policy and planning and therefore aims to lay out a broad framework to guide a wide array of APA advocacy, programming and policy development. The guides will be available on the APA website in the near future. For more information contact [email protected] Spring 2016 / Florida Planning 11

Planning | Urban Design Landscape Architecture Economics | Real Estate

Creating great community places. GAI’s Community Solutions Group is an idea-driven strategic consulting practice integrating design, planning, and economics. We are committed to enhancing communities in ways that are practical, sustainable, and authentic to our clients’ needs, while being politically aware, financially feasible, and aesthetically compelling.


Lake Beauty | Orlando

12 Spring 2016 / Florida Planning

At an April regional transportation planning meeting in St. Petersburg, Jason Jordan of the Center for Transportation Excellence and APA’s government affairs director, outlined a few lessons learned from transit ballot box measures around the country. One fact stood out: Since 2000, voters have approved about three-fourths of transit-specific ballot measures across the United States, while Florida stands in stark contrast. In 2014, voters in multiple Florida counties turned down transit measures, contributing to Florida’s anemic 43 percent success rate in 14 separate elections since 2000. The last local transit tax revenue win was in 2002. Like many of its elderly transplants over the decades, apparently Florida is where transit ballot measures go to die. Whatever the reason, the hard reality is that nearly every transit agency in Florida is strapped for both operating and capital expenses to maintain their fleet and run needed service. The big home run vote for transit may someday happen, but in the meantime, transit agencies have to find a path forward to maintain and improve service by whatever means they can scrape together. Polk County has recent experience with a recently failed transit referendum. As a result, the Lakeland Area Mass Transit District – aka the Citrus Connection – had to reduce service levels while also being innovative to maintain and even improve service

in key areas. One creative approach many local agencies are having to take is through stronger partnerships between the public and the private sector to pay for new and expanded service in constrained or congested areas. The goals, objectives and policies in local government comprehensive plans often provide the instruction manual for getting that done and achieving win-win outcomes. Earlier this year, the Citrus Connection began operating a new route, the Lakeland Park Center Express, through a partnership

Amid Funding Challenges, Public-Private Partnerships Help Expand Local Transit By Whit Blanton, FAICP with the City of Lakeland and developer RAMCO Gershenson. To meet multimodal mobility objectives necessary to approve the retail, office, hotel power center, the city of Lakeland negotiated capital funding and an operating commitment from the developer to satisfy concurrency requirements through the development review approval process. The development, located on a failing state road segment, was projected to generate 11,000 new daily trips. With $440,000 funding for a bus purchase (used for impact fee credit), setting aside land and funding a parkand-ride/transfer facility with 35 dedicated and 15 shared spaces, and a $93,600 ancontinued on page 14

Spring 2016 / Florida Planning 13


continued from page 13

nual operating expense five-year funding commitment, the developer met transportation mitigation conditions necessary to move the project forward, along with the bus wrapped as a moving advertisement for its retail destination. The ability to forge the deal had its basis in the Transportation Element of the city’s 2010 Comprehensive Plan. The plan designated heavily congested US 98 at the Interstate 4 interchange as constrained, with a long-term vision for introducing Bus Rapid Transit or other premium service to meet future demand. The plan refined the city’s Multimodal Level of Service standards to focus on achieving key outcomes for development of its transportation network. The comp plan policies allow the city to approve development on a congested roadway with a volume to capacity ratio of up 1.5 as long as baseline multimodal facilities and services are in place or achieved through a mitigation package meet other multimodal performance standards. The city focused on transit as the viable mitigation option. The city focused on transit as the viable mitigation option. According to the city’s transportation planner, Charles Barmby, AICP CTP, Lakeland staff had to find the right balance between being “business friendly” and making sure needed transit improvements were put into place. The tightrope act reflected the spectrum of city commission members’ perspectives toward development. While a plan for the developer to extend a road running east from the development along Interstate 4 failed due to project costs, the developer did reconstruct the road along its frontage and westward to US 98 as the first phase of the long-term collector road connecting two Interstate 4 interchange areas in North Lakeland to improve the area’s grid network. The transit mitigation package within the Development Agreement was the subject of a lengthy negotiation process since the developer had never entered into such an agreement with other 14 Spring 2016 / Florida Planning

projects and questioned the effectiveness of these measures for the Lakeland Park Center development. The city left it to the Citrus Connection to structure the new peak period route, creating needed connections for the entire impact area between the Lakeland Center Park development and other destinations like the Lakeland Regional Health Medical Center to the south and a new Salvation Army facility to the west. The route operates along congested Griffin Road and parallel to US 98 on Lakeland Hills Boulevard, enabling a return to 30-minute service frequency along that roadway after a prior cut to hourly service. The $93,600 annual operating cost was based on the Citrus Connection’s hourly cost. Again, city staff tried to strike a rational balance by requiring only peak period service, coinciding with the development’s greatest impact to the adjacent roadway network. The city chose a five-year funding period for the operating expense to correspond with the Capital Improvements Program and to provide an additional two-year period to build ridership beyond the typical three-year limit of state grant funding for new bus service. That enables the Lakeland Park Center project to build out and generate long-term ridership necessary to sustain the route. The Development Agreement between the city and RAMCO-Gershenson codified the concurrency mitigation requirements for the Lakeland Park Center development and a transit easement agreement between RAMCO and the Lakeland Area Mass Transit District spells out rights-of-access and maintenance responsibilities for the on-site park-and-ride transfer center. It ended up as a win-win-win. “The developer was very happy with how it worked out,” Barmby said. “Citrus Connection is happy with the route. We are extremely happy with the placement of the transit facility on the site.” Whit Blanton is executive director of Forward Pinellas, the metropolitan planning organization and planning council for Pinellas County. He can be reached at [email protected]

Building Florida’s Future Gunster’s land use, environmental and property rights attorneys and staff have extensive experience representing clients before local, state and federal regulatory agencies throughout Florida, as well as state and federal judicial and administrative tribunals at both the trial and appellate levels. With attorneys who are LEED APs, Gunster also provides counsel on issues of sustainable development. Our attorneys also have extensive experience litigating land use and property rights issues before the Florida Division of Administrative Hearings, as well as state and Federal courts around the state, including comprehensive plan challenges, consistency challenges, eminent domain and inverse condemnations, and constitutional matters. With attorneys and staff from Jacksonville to Miami and Tampa to Tallahassee, Gunster is helping build Florida’s future. Gunster.com | (800) 749-1980

Spring 2016 / Florida Planning 15

“If we could first know where we are and whither we are tending, we could better judge what to do and how to do it.” - Abraham Lincoln “Planners, you are guardians of the future. This is what separates us from other professions. It makes us unique. We look to the future and say, ‘Public, we’ve got your back.’ We’re planning for generations that aren’t even born yet.” - Mitchell Silver, FAICP, APA President 2011-1012; New York City Parks Commissioner.

Planners as Prophets By the APA Florida Emerging Topics Committee

As planners, we are consistently challenged with new opportunities and issues emanating from emerging trends affecting the future of our communities. These trends often shift our priorities and influence our role as planners and the need to develop and implement viable solutions. The pace of innovation, the potential for technology to disrupt historical relationships and patterns, along with changing values and attitudes associated with different generations and cultures are forcing planners to rethink many longstanding assumptions and driving fundamental changes in how we plan. To be more effective and relevant, planners need to possess the skills and tools necessary to anticipate and address new trends and learn to use new approaches with new techniques in dealing with both the substance and process of planning. What are the emerging trends and challenges facing Florida in the 21st century and how can planners be best positioned to lead and innovate as we move forward to prepare our communities for growth and change? To help identify emerging topics and trends, APA Florida President Melissa Zornitta, AICP, created an ad-hoc committee (Chair Lindsay Stevens, AICP; Merle Bishop, FAICP; Henry Bittaker, AICP;Charles Pattison, FAICP, Mary Kay Peck, FAICP, and Luis NievesRuiz, AICP.) on Emerging Topics after 2015. The initial task of this committee was to develop the following purpose statement: “The APA FL Emerging Topics Ad-Hoc Committee seeks to identify critical issues that will impact the planning profession in Florida over the next 1-2 decades and to 16 Spring 2016 / Florida Planning

locate resources and needed initiatives that APA FL membership can access and utilize to address issues in their communities moving forward. The Emerging Topics Committee envisions its work as being ongoing in nature, as new issues are identified by the Committee or APA FL membership.” Multiple monthly telephone conferences, meetings, and e-mails resulted in the creation of a “Top 10” list of emerging topic areas, which allowed the committee to begin narrowing its focus. While each topic area covers a very broad range of issues that have multiple effects on the practice of planning throughout the state, the committee desires to focus on those topics that have the broadest and most immediate impact on planning practice in Florida. The committee sought input from APA Florida members through an online survey (posted in October 2015) to identify which topics are of greatest interest. Survey results ranked the topics in the order listed below. 1. Climate Change/Sea Level Rise/Coastal Resilience 2. Shifting Demographics (Demographics of Florida, Aging Population, Multiculturalism, Equity Planning) 3. Economic Development and Fiscal Health (Financial feasibility of growth) 4. Public Health and Planning (Health issues related continued on page 17


continued from page 16

to planning/built environment) 5. Green Infrastructure 6. Food Systems Planning 7. Tactical Urbanism (“D.I.Y. Planning”) 8.

Opening of Cuba


Autonomous Vehicles

10. Broadband as a Public Utility 11. Green Infrastructure 12. Food Systems Planning 13. Tactical Urbanism (“D.I.Y. Planning”) 14. Opening of Cuba 15. Autonomous Vehicles 16. Broadband as a Public Utility Respondents noted that the topic of Climate Change, followed by Shifting Demographics, were the top areas that planners believe will most directly impact their work. Other topic areas APA Florida members indicated were a priority include Economic Development & Fiscal Health, Public Health and Planning, and Green Infrastructure. The survey also resulted in multiple suggestions for additional emerging topics such as: alternative energy sources, water supply planning, aging infrastructure, telecommunicating, and drones, to name just a few. The survey confirmed the belief of the committee that the preferred method of providing information on emerging topics is through webinars. The development of webinars is a focus of the Committee’s current work program. Based on results of the survey and taking into consideration the availability of existing information and resources on planning for climate change, the committee will begin focusing on three topic areas for the development of webinars and other continuing education resources: Shifting Demographics, Public Health & Planning, and Green Infrastructure. Over the next several months, the committee will continue to identify experts and development resource material required to put together webinars. The committee’s work program identifies the need to establish subcommittees to begin identifying resources and best practices associated with the priority topic areas. Look for more information on these topics in the near future. If you agree that planners are “guardians of the future,” you have a responsibility to know and understand emerging trends that will impact people and the communities they live in. Beyond just knowing about and understanding these emerging trends, planners have a responsibility to take action and do something about them.

Your community needs you to develop solutions for these emerging challenges and facilitate quality plans that are sustainable, resilient and anticipate the future. Future generations are challenging us to answer questions, such as: • How should we approach issues beyond our immediate purview but that are the drivers of the challenges we face on a day-to-day basis? • What can we do better to deal with increasing uncertainty, and the risks inherent with that uncertainty as we strive for realtime solutions? • How can we become more effective in facilitating the full range of collaboration needed to succeed in increasingly dynamic communities and environments? • And, most important, how should our profession and role as planners evolve to meet the challenges and opportunities of the future? If you are interested in more information about the committee, contact Lindsay Stevens at [email protected]

Zoning-Land Use Government Relations Outdoor Advertising Public/Private Partnerships Water Relations http://www.lasartelaw.com Phone: 305-594-2877 Spring 2016 / Florida Planning 17



PLANNING By Jeff Brown

This year, the Florida State University Department of Urban and Regional Planning, affectionately referred to as DURP, celebrates 50 years of training students to become change agents in their communities.

• DURP becomes the first planning program in Florida, and its alumni soon play important roles in a rapidly changing state planning landscape. • State comprehensive planning legislation creates strong demand for planning professionals and leads to a surge in student enrollments. • DURP’s faculty become known for their high quality applied and theoretical work.

1960s & 1970s

• DURP looks ahead to another 50 years and beyond of continuing to be a national leader in planning education.

• DURP strengthens its international planning curriculum with the Planning for Developing areas specialization and Master’s International Program partnership with the U.S. Peace Corps.

• The department remains committed to training its outstanding students to be change agents in their communities; creating high quality research that transforms practice and scholarship; and promoting sustainability, social justice, and the well-being of all persons.

• New joint degree programs with law, public administration, and international affairs are created to serve new student educational needs.


• DURP offers planning courses remotely in Tampa and then Orlando. • The Master of Science in Planning degree is accredited. • Today’s award-winning Florida Planning and Development Lab is created and the Plannerin-Residence program institutionalized to strengthen connections between the Department and planning practice. • Student enrollments boom in the wake of the Growth Management Act. • DURP is named an exemplary program by the Florida Board of Regents.

18 Spring 2016 / Florida Planning

Opening its doors in 1965 and graduating its first student in 1966, Florida’s oldest and largest planning program has graduated more than 1,500 planners who have impacted communities in all 67 Florida counties, all 50 states, and more than 30 countries around the globe over the course of their careers. Educated by 90 scholars and practitioners, DURP’s graduates have been planning leaders in Florida and elsewhere who have advanced our field to confront challenges and better serve our communities. Here, we look back at some of the highlights of DURP’s first 50 years and ahead to the future.


2000s & 2010s

The Future

• DURP launches new joint degree programs with public health and demography, creates international exchange programs with the University of Amsterdam and Aalborg University, and adds new student requirements in collaborative and participatory methods to better equip future planning professionals with these critical skills. • The Mentor a Planning Student (MAPS) program with APA Florida is created to provide new planning students with planning professional mentors, in which 50 mentoring pairs participate in the program’s first four years. • The 20-member DURP Alumni Council is created to strengthen connections between the program and its more than 1500 alumni. The Department’s students are recognized with numerous state and national awards.

APA FLORIDA WORKING FOR YOU ARE YOU RECEIVING EMAILS FROM US? In 2015, APA Florida modified communications software packages.  After the conversion, several members let us know they were not receiving e-mails from the chapter or section. Patti Shea, communications specialist for APA Florida, contacted our technical support service who advised us that we had been inadvertently placed on an e-mail blacklist when the chapter office moved locations in 2014.  This issue has been resolved and APA Florida has re-established e-mail communications with most members. However, some employer e-mail systems cannot accept our e-mails due to internal information systems settings.  Please add the following as a contact to your email address book: [email protected] If you are not receiving APA Florida e-mails, we suggest contacting your information systems staff or changing to a personal e-mail address on the American Planning Association web site.  We want to stay in communication with all of our members.   If you are not receiving e-mails from us, please contact Patti at [email protected]


APA BOARD AND AICP COMMISSION RETREAT IN MIAMI BEACH On Jan. 21, the American Planning Association Board and American Institute of Certified Planners held a retreat in Miami Beach. APA Florida Executive Director Alex Magee and President Melissa Zornitta joined APA Florida Gold Coast Section members in greeting and networking with the board and commission members.

NATIONAL DELEGATE’S ASSEMBLY Every year, the American Planning Association hosts a Delegate’s Assembly at the national conference to gain input regarding draft national policy guides.  The 2016 Delegate’s Assembly was held on April 3 in Phoenix and included reviews of the draft policy guides for water and freight. Several APA Florida members represented the chapter at this year’s Delegate Assembly, including: Andre Anderson, Stephen Benson, Wiatt Bowers, Brent Lacy, Alex Magee, Allison Megrath, Marcie Stenmark, and Melissa Zornitta.

In case you missed it, this year’s 2016 Florida State Legislature was busy. We kept track of all the bills that affect the work we do on a daily basis. To read or download the recap, click here.   

FLORIDA GETS FOUR NEW FAICP MEMBERS Florida’s newest FAICP members were inducted into the College of Fellows at the APA Conference in Phoenix on April 3. Congratulations to Brian Canin, Ramond Chiaramonte, Saralee Morrissey and Paul Lewis. This brings Florida’s total FAICP members to 44.

Spring 2016 / Florida Planning 19

APA Florida

SECTION HAPPENINGS! CAPITAL AREA Professional Networking. On April 14, the Capital Area Section was invited to join the Tallahassee Area Association of Environmental Professionals at Geo’s Pub to network and socialize. The event was attended by a variety of professionals in the engineering, environmental, planning and architectural fields. Special thanks to Devan Leavins for fielding the invite and encouraging Capital Area Section members to attend and to Elva Peppers, the President of TAAEP, for making everyone welcome at the event.  It was a resounding “yes” to having a similar joint event in the future. [email protected] Section members participated in helping FSU’s Department of Urban and Regional Planning (DURP) program celebrate its 50th Anniversary during events on March 18 and 19.  Invited by the Associate Dean, Dr. Timothy Chapin, a number of people attended special events and lead tours during the celebration.  Section President Barry Wilcox and Vice-President Devan Leavins assisted during the downtown and Wakulla Springs tours as part of the happenings.  Other events included a program showcase, FSU tour, Gaines Street tour, a brunch, pub crawl and celebratory reception. The event drew former DURP graduates from a number of areas of the state.  DURP graduates are heavily represented in the section and FSU is to be congratulated on this important milestone!


Public Policy Workshop. Once again the Capital Area Section was happy to be the host section for APA Florida’s 14th annual Public Policy Workshop.  Section members participated directly in the conference: Section Secretary Susan Poplin assisted by volunteering to check-in and register participants and Barry Wilcox led a mobile tour of Wakulla Springs and the city of Tallahassee’s newly renovated water treatment facility. Devan Leavins, FSU’s Dr. Jeffrey Brown, and APA Florida Executive Director Alex Magee provided a connection for local FSU DURP students by hosting an input session for professional and student participants in the Mentor a Planning Student (MAPS) program as a prelude to the conference.       Bourbon Sprawl. The section continues to keep networking a priority with younger and active members through the weekly “Bourbon Sprawl” socials.  These happy hour events rotate to a variety of venues that highlight the capital area. 20 Spring 2016 / Florida Planning

We have happy and informed planners! Bourbon Sprawl happenings can be found on their Facebook page. PROMISED LANDS The Promised Lands Section’s first program of 2016 was in partnership with Reconnecting Lee featuring an excellent presentation by Vince Cautero, AICP, Director of Community Development for the City of Cape Coral. Vince is a former Chair of the Promised Lands Section and the 2010 Roland Eastwood Planner of the Year. Thank you again Vince and to Reconnecting Lee for putting on an excellent show and lunch (and 1.5 AICP/CM credits for participants). The Section also co-sponsored the 2016 SWFL Sustainability Summit: “Healthy People, Healthy Place, Healthy Profit” held on April 28 at the Hyatt Regency Coconut Point in Estero. It was another successful event and members were able to get 5 AICP CM credits.  SUN COAST Charming Tour. On March 23, Sun Coast Section planners and USF students learned about a small town success story in Citrus County – how the city of Inverness effectively redeveloped and restored its downtown while still maintaining its small town charm and historic character. The event included a presentation in the beautifully restored Valerie Theater, as well as a walking tour highlighting the new development, historic buildings, placemaking efforts and multimodal transportation connections that have helped transform the City. Following the tour, planners and students mingled at a classic Inverness institution, Stumpknockers. Big thank you to the City of Inverness for hosting the Section at this wonderful event!

APA Florida

PLANNERS ON THE MOVE CAHILL NAMED DIRECTOR OF FTTTC Maria A. (Abadal) Cahill, AICP was selected as director of the Florida Transportation Technology Transfer Center with the University of Florida Transportation Institute (UFTI) at the Herbert Wertheim College of Engineering.  The center serves as an umbrella organization for several national and state-based programs which provides training, technical assistance, technology transfer services, and safety information to transportation, public works and safety professionals. Maria hopes to apply her passion for transportation planning to prepare Florida for its brightest and safest future. Prior to this appointment, she administered several growth management programs for the former Department of Community Affairs, including the Comprehensive Plan Review, the Development of Regional Impact (DRI) program, and the Florida Keys Area of Critical State Concern programs, and helped several counties in Florida implement their school concurrency programs. Most recently, Maria served as senior policy analyst in the Office of Policy Planning with the Florida Department of Transportation (FDOT).

state and regional plans, policies and programs. Most recently, he was recognized by Florida Wildlife Federation with its 2015 Conservationist of the Year Award.

PATTISON HEADS TO MONROE COUNTY LAND AUTHORITY Charles Pattison, FAICP, recently moved to Monroe County to serve as executive director of the Monroe County Land Authority. In his new position, Charles will oversee the acquisition and protection of property for conservation, recreation and affordable housing in accordance with Monroe County’s state-mandated local comprehensive plan. Charles actually served as the first director of the Land Authority when he helped create it in 1987. Prior to this move, Charles worked at 1000 Friends of Florida since 1998, serving as the organization’s third executive director until 2014 when he became the statewide not-for-profit’s Policy Director. During his tenure, he spearheaded numerous successful legal challenges to uphold the supremacy of comprehensive planning. He played an instrumental role in the successful relocation of the site of Scripps Florida from a remote former orange grove in rural Palm Beach County to a more appropriate property near existing infrastructure and development. Serving on many public boards and panels, including for the Florida Department of Transportation, he has helped successfully integrate sound planning and conservation principles into countless

BRENT LACY JOINS VHB AS TRANSPORTATION LEAD Brent Lacy, AICP, joins VHB’s transportation leadership team, building upon our strong transportation planning practice in the region. Brent will enhance VHB’s growing transportation planning practice in Central Florida, bringing together the firm’s knowledge and resources to develop responsive solutions to our clients’ transportation needs. In addition, he will work to expand VHB’s practice to Florida’s west coast. Brent’s passion for improving mobility in the communities where we live and work has been a driving force throughout his 40 year career. His experience includes, project management on major transportation planning and traffic impact studies, route location studies, medical and university campus planning, downtown and development parking studies, growth management studies, corridor operations, and environment assessment studies.

MCKLOSKI TO LEAD MOFFATT & NICHOL NEW TALLAHASSEE OFFICE Moffatt & Nichol is proud to announce the opening of its newest Florida office in Tallahassee, which will be led by Transportation Planning Manager, Terry McKloski, AICP. Terry brings 25 years of broadbased planning and project management experience, which will enhance Moffatt & Nichol’s planning group expertise and overall transportation practice. He has provided planning related services throughout Florida and Georgia in such areas as traffic forecasting, travel demand modeling, large scale land use review and policy, land use scenario planning, multimodal studies, transit studies, traffic impact studies, corridor improvement studies, interchange operational studies, roadway network simulation, specialty planning studies, port access studies, and urban design. He is also proficient with travel demand and traffic simulation models.

Spring 2016 / Florida Planning 21

LAND USE & PLANNING: Law Case Update

by: David Theriaque, Esq.

Save Calusa Trust v. St. Andrews Holdings, Ltd., Nos. 3D14-2682, 3D14-2690, 2016 WL 145997 (Fla. 3d DCA Jan. 13, 2016) In 1967, North Kendall Investments, Ltd. (“Developer,”) sought to develop an area into a golf course, surrounded by a ring of singlefamily houses, in unincorporated Miami-Dade County. The Developer sought a zoning change from General Use (“GU”) to Estate Use Modified (“EU-M”) for the single-family houses, as well as an “unusual use” approval to establish the open space for a golf course, a clubhouse, and a driving range. The County’s Zoning Appeals Board adopted a resolution approving the “unusual use” application, but the resolution was conditioned on the recordation of a restrictive covenant running with the land “to ensure that the golf course be perpetually maintained as such…” The County Commission then approved the zoning change from GU to EU-M. The restrictive covenant was recorded seven months later, and the single-family houses were conveyed by deed to the now-homeowners. In 2006, Northeastern Golf, LLC (“Owner,”) acquired a majority interest in the golf course. The Owner sought to redevelop the golf course by filing a re-zoning application. In light of the recorded restrictive covenant, the County refused to hold a hearing to consider the re-zoning application. Instead of filing an administrative challenge, the Owner filed a lawsuit in which it contended that the restrictive covenant had been extinguished by the Marketable Record Title Act (“MRTA.”) The circuit court agreed and granted summary judgment in favor of the Owner. The County and the surrounding homeowners appealed the decision. The central issue was “whether a restrictive covenant, recorded in compliance with a government-imposed condition of a land use approval, is a title interest subject to extinguishment by MRTA.” “Pursuant to MRTA, any interest in, or claim or charge to, title to real property is extinguished if such estate, interest, claim or charge is more than thirty years old (based on the date of the root of title), and has not been preserved by the statutory procedure set forth in MRTA.” MRTA does not apply to government regulations, including zoning and other land development regulations. The Owner contended that the restrictive covenant was neither a zoning regulation nor a development order. Instead, the Owner argued it was a use restriction subject to extinguishment. The Third District Court of Appeal held that “we cannot so readily divorce the covenant from the governmental approval process that spawned it.” Consequently, the Third District reversed the circuit court’s decision, concluding that the restrictive covenant was not a title interest subject to extinguishment under MRTA. Siegle v. Lee County, No. 2D15-3293, 2016 WL 802649 (Fla. 2d DCA Mar. 2, 2016) Ronald K. Siegle runs a large-equipment repair business on property he took possession of in 2002. Siegle stores parts for equipment repair within twenty-seven (27) large shipping containers on the property. The prior owner had also used shipping containers for storage in conjunction with the distribution of newspapers. In 2014, Lee County cited Siegle for a code violation – “shipping containers for storage of merchandise, produce, or commodities for periods of 48 hours or more” are prohibited on Siegle’s property. During the initial enforcement proceeding, Siegle raised the defense of laches. “Siegle contended that the shipping containers had been on the property for approximately twelve years [and] that they were open and obvious even to a casual passer-by on heavily traveled Highway 41. . . .” Additionally, Siegle contended that officials’ failure to take any action after being on the property on at least three occasions during those twelve years should preclude enforcement as part of his laches defense. The hearing examiner concluded that the defense of laches could not be considered because a hearing examiner does not have equitable power or the authority to grant equitable relief in code enforcement proceedings. After Siegle sought first-tier certiorari review, the circuit court affirmed and further held that laches was not an available defense in code enforcement proceedings as a matter of law. Siegle sought second-tier certiorari review before the Second District Court of Appeal. The Second District held that the circuit court departed from the essential requirements of law in ruling that laches could not be a defense to a code enforcement proceeding as a matter of law. Although Florida law on this issue is sparse, the Second District concluded that there was binding precedent from the Third District Court of Appeal which held that laches is an available defense in code enforcement proceedings. continued on page 23

22 Spring 2016 / Florida Planning


continued from page 22

Rainbow River Conservation, Inc. v. Rainbow River Ranch, LLC, No. 5D15-2436, 2016 WL 1465658 (Fla. 5th interests nor ensuring their protection. The Fifth District also DCA Apr. 15, 2016) held that the circuit court should have conducted an evidentiary In 2004, Rainbow River Ranch, LLC, and Conservation Land hearing to determine whether the settlement agreement provided Group, LLC (collectively, “Property Owners”), purchased two no more relief than was necessary to relieve the inordinate contiguous parcels in the City of Dunnellon (“City.”) In 2007, the burden. Lastly, the Fifth District held that settlement agreements City amended its Future Land Use Map (“FLUM”) to restrict use pursuant to the Bert Harris Act may authorize development of the property. As a result, the Property Owners brought a claim inconsistent with comprehensive plans -- a settlement agreement under the “Bert J. Harris, Jr., Private Property Rights Protection may authorize “extraordinary relief” where that relief “would Act” (“Bert Harris Act”), alleging that the FLUM amendment have the effect of contravening the application of a statute as it inordinately burdened the Property Owners’ use of their property. would otherwise apply to the subject real property. . . .” The Property Owners and the City entered into a settlement David Theriaque is with the firm of Theriaque & Spain in agreement, pursuant to the Bert Harris Act, which allowed Tallahassee. He can be contacted at [email protected] development in areas and densities not allowed under either the original or amended FLUMs. Because the settlement agreement effectively amended the City’s comprehensive plan, the settlement agreement had the effect of contravening the Growth Management Act,   specifically Section 163.3184, Florida Statutes, which requires notice, public participation, and state review whenever a comprehensive plan is amended. Consequently, in accordance with the Bert Harris Act, the Property Owners and the City sought circuit court approval of the settlement agreement. It was at that time that Rainbow River Conservation, Inc., and other private citizens (“Intervenors”) intervened and requested an evidentiary hearing. The Bert Harris Act states that the circuit court should only approve a settlement agreement if (1) it protects the public interest protected by the contravened state statute and (2) the relief granted by the settlement agreement is “the appropriate relief necessary to prevent the governmental regulatory effort from inordinately burdening the real property.” The circuit court denied the hearing request and approved the settlement agreement without providing elaboration. The Intervenors filed an appeal. MDCLC was established in 1953 for the purpose of uniting the common interests of the municipalities within Miami-Dade County. The Fifth District Court of Appeal reversed The League has evolved throughout the years, but continues to work the circuit court’s decision, concluding that the together with the municipalities’ elected officials on important issues that affect the residents and the business community of the respective settlement agreement did not serve the public cities, towns and villages. interests protected by the Growth Management Together we will continue to protect the sovereignty of our municipalities to give our residents the best possible services and Act. The public interests include the appropriate ensure a good quality of life for them and future generations. use of land and conservation of natural resources, which are intertwined with public participation in the land planning process. The Fifth District held that the circuit court erred by neither considering these

Spring 2016 / Florida Planning 23

THIS LAND IS YOUR LAND... NOW WHAT CAN YOU DO WITH IT? Ask Our Land Use Lawyers: Neale Montgomery, Esq. Steven C. Hartsell, Esq. Irene Kennedy Quincey, Esq. Katherine R. English, Esq. Kathleen Oppenheimer Berkey, Esq., AICP Land Use, Zoning & Planning | Permitting | Environmental & Water

239.334.2195 | www.PaveseLaw.com FORT MYERS

24 Spring 2016 / Florida Planning



[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.

Planning for Success

Cecelia Bonifay Chair, Land Use & Sustainable Development Practice Orlando, FL [email protected]

Akerman LLP | 600+ lawyers | 20 locations | akerman.com ©2015 Akerman LLP. All rights reserved.

Together, we can make our communities resilient, safe and economically sustainable. www.atkinsglobal.com/northamerica


Akerman’s nationally recognized land use team specializes in urban infill and redevelopment studies and entitlements, environmental and natural resource permitting, and public-private initiatives.

Planning | Urban Design Landscape Architecture Economics | Real Estate

Creating great community places. gaiconsultants.com/communitysolutions

Statewide and State Wise

Joshua I. Long, AICP Certified Planner | [email protected] | (800) 749-1980

Simply a better experience.


Spring 2016 / Florida Planning 25

[CONSULTANTS] DIRECTORY continued from previous page

4701 NW 35 Avenue, Miami Florida 33142 844-World01 305-635-5144 www.worldwasterecycling.com World Waste Recycling offers a range of waste removal services from commercial solid waste to construction and debris removal services and disposal facility centrally located in Miami Dade County.

A livable neighborhood starts with a clean, safe and healthy environment. Visioning • Comprehensive Planning GIS Analysis & Mapping • Urban Design Land Development Regulations Housing • Parks & Recreation Strategic Planning

Tampa • Islamorada • Miami • Palm Bay • www.wadetrim.com

26 Spring 2016 / Florida Planning

Find out more at ThinkGreen.com

As North America’s leading environmental solutions provider, Waste Management is pleased to provide safe, professional waste and recycling services to cities throughout Florida. THINK GREEN.®

[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 August 2016.

DEADLINES 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.

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


[UPCOMING] EVENTS MAY 17: TRANSPORTATION UPDATE & VISION ZERO Jacksonville. Join the First Coast Section for our Transportation Vision Zero Seminar featuring Vision Zero Network’s Leah Shahum. This event will provide participants with an updated status on bicycle, pedestrian, transit and other mobility initiatives underway or proposed throughout Northeast Florida. Information here. MAY 20: WEBINAR: FORGING NEIGHBORHOODS FOR ALL GENERATIONS Online. A powerful new reality and a profound demographic transformation is an aging America. That baby boomers are swelling the ranks of older Americans is well-documented. This profound demographic transition is challenging communities struggling to maintain the status quo, and, is overwhelming to government and community policymakers at all levels. 1.5 CM credits approved. Information here. MAY 22 – 26: WORLD ENVIRONMENTAL & WATER RESOURCES CONGRESS 2016 West Palm Beach. Created in 1999, the Environmental & Water Resources Institute (EWRI) is the recognized leader for the integration of technical expertise and public policy in the planning, design, construction, and operation of environmentally sound and sustainable infrastructure impacting air, land, and water resources. Information here. JUNE 3: TOUR OF PORT CANAVERAL Port Canaveral. The port generates 3,093 jobs through its cruise, cargo, marina, and real estate activity, as well as 2,309 cargo jobs, 8,908 cruise jobs, 427 marina jobs, and 1,369 real estate jobs. This totals $1.1 billion in revenue for businesses providing services at Port Canaveral and $48 million state and local taxes generated at Port Canaveral. See how it all works. 2 CM credits pending. Information here. JUNE 3: WEBINAR: GO FROM OPPORTUNISTIC TO STRATEGIC GREEN INFRASTRUCTURE Online. With limited budgets, communities must prioritize options for addressing flood hazards and the costs of those options. Coastal green infrastructure is a strategy for reducing impacts from storm surge, sea level rise, and precipitation and includes approaches across different scales. Information here. JUNE 13 – 15: 5TH ANNUAL FDOT DESIGN TRAINING EXPO Daytona Beach. The Florida Department of Transportation (FDOT) Office of Design will be hosting the 2016 FDOT Design Training Expo “Innovative Solutions for Tomorrow’s Transportation Needs.” Information here. SEPT. 6 – 9: APA FLORIDA ANNUAL CONFERENCE Tampa. Help inspire Florida’s future by attending the APA Florida Annual Conference. There will be keynote speakers, engaging sessions, mobile workshops, networking opportunities and more. Come interested, leave inspired and empowered. Information here. For more information on these and other APA Florida events, please visit www.floridaplanning.org/calendar/