FLORIDA PLANNING A Publication of the Florida Chapter of the American Planning Association
Winter 2013
www.floridaplanning.org
green partnerships By Mary Anne Bowie, FAICP
My non-traditional partnering story begins in 1991, when I attended the World Women’s Conference for a Healthy Planet. My world changed as I listened to great women talk about sustainability. It took three years for me to advocate for sustainable planning solutions and another seven years to “think global, and act local.” I introduced the concept of a green marketplace as an economic redevelopment strategy in the 2001 Venice FL Vision Plan. Then, on January 11, 2003, we hosted a Sarasota Green Marketplace event, mimicking a farmers’ market event. We held our event in “the forgotten part of Central Avenue,” which helped energize the “Action Central” effort where green business Sarasota Architectural continued on page 6
ALSO IN THIS ISSUE
OTHER FEATURES
4 5
President’s Message - p.3 In My Opinion - p. 12 Section Happenings - p. 16 In Memoriam - p. 16 Law Case Update - p. 17 Consultants Directory - p. 18 Events - back page
Allies & Partners
Partnering to Resolve Homeless Issues in Ocala
8
Non-Traditional Partnerships at the St. Pete Business Center
10 13 14 15 Call for Presentations
Human Services Transportation Network
Transportation Future through Partnership
DIY Placemaking
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 Fax E-mail
Statewide Officers President
Brian Teeple, AICP
904-279-0880
904-279-0881
President-Elect
Melissa Zornitta, AICP
813- 272-5940
813- 272-6255 zornittam@plancom.org
Immediate Past President
Merle Bishop, FAICP
863-701-8702
863-701-9832
Merle.Bishop@kimley-horn.com
VP-Membership Services
Laura Everitt, AICP
813-224-8862
813-226-2106
leveritt@tindaleoliver.com
VP-Section Affairs
Tony LaColla, AICP
813-273-3774
813-272-6258
lacollaa@plancom.org
VP-Professional Development
Debra Hempel, AICP
813-282-2444
debra.hempel@hdrinc.com
VP-Conference Services
Kathie Ebaugh, AICP
239-533-8313
239-485-8319 KEbaugh@leegov.com
VP-Certification Maintenance
Henry Bittaker, AICP
561-523-0678
hbittaker@aol.com
Secretary
Lorraine Duffy Suarez, AICP 813-272-4685
813-272-4691
Lorraine.Duffy-Suarez@sdhc.k12.fl.us
Treasurer
Andre Anderson, AICP
407-896-0455
407-896-0425
aanderson@pdgfla.com
Section Chairs Atlantic Coast
Ryan Morrell, AICP
321-795-8426
321-956-3069
ryan@civaterra.com
Broward
Rosana Cordova, AICP
954-880-0180
954-880-0181
rcordova@craengineering.com
Capital Area
Terry McKloski, AICP
850-402-6336
terry_mckloski@apafloridacapital.org
Emerald Coast
Christy Johnson, AICP
850-332-7976
850-637-1923
Christy.Johnson@wfrpc.org
First Coast
Tony Robbins, AICP
904-739-3655
904-730-3413
TRobbins@prosserhallock.com
Gold Coast
Karen Hamilton
954-985-4416
954-985-4117
khamilton@sfrpc.com
Heart of Florida
Amy Palmer, AICP
863-551-4723
amy@cfdc.org
Orlando Metro
Chris Bowley, AICP
386-878-8602
cbowley@deltonafl.gov
Promised Lands
Alexis Crespo, AICP
239-405-7777
AlexisC@waldropengineering.com
San Felasco
Doug Robinson
352-393-7838
robinsondk@cityofgainesville.org
Sun Coast
Jay Collins, AICP
813-273-3774
813-272-6258
collinsj@plancom.org
Treasure Coast
Tod Mowery, AICP
561-747-6336
561-747-1377
TMowery@cotleur-hearing.com
University Liaison
Eric Dumbaugh Ph.D
954-762-5030
eric.dumbaugh@fau.edu
Student Representative
Elliot O’Roark
eoroark@fau.edu
Administration/Staff Executive Director
Julia “Alex“ Magee
850-201-3272
850-386-4396
fapa@floridaplanning.org
Ad. Assistant/Bookkeeper
Ricki Dailey
850-201-3272
850-386-4396
adminbk@floridaplanning.org
Legislative Representative
Lester Abberger
850-524-2779
850-222-8199
lesterabberger@nettally.com
Webmaster (Consultant)
John O’Brien
johnobrien123@gmail.com
Newsletter Editor
Summer Taylor
summer@exaktmarketing.com
888-949-5487 x706
bteeple@nefrc.org
All Other Inquiries, contact APA Florida at 1-850-201-3272 or e-mail fapa@floridaplanning.org.
2 Winter 2013 / Florida Planning
PRESIDENT’S MESSAGE
As the economy slowly improves so do opportunities for getting back in the saddle in the planning game. Whether you are a
public or private planner, work activity seems to be picking up a little. This presents us all with a great opportunity to redefine how and with whom we do business. Although the days of creating a plan while sitting in isolation at your desk is but a distant memory, active engagement of the full myriad of stakeholders has not generally advanced to where it should be. While time and resource constraints dictate how wide spread we cast our net for input, with a little creativity we can do a better job in connecting with those who should or need to be involved, including non-traditional participants. This issue of Florida Planning provides some excellent examples of this opportunity.
With the Holidays over and our waistlines expanded it is now time to begin to turn our attention to the upcoming Legislative session. A great way to be “in the know” about what is on the horizon was to attend our 11th Annual Public Policy Workshop held on February 6, 2013 in Tallahassee. While the economy is, indeed, getting better, opportunities for planning employment remain sluggish. I often recommend that job seekers also check in with non-traditional employers who may not know that they need the services of a trained planner. Utilities, port authorities, non-profits, chambers of commerce, law enforcement, fire and rescue, hospitals, military bases and universities are just a few examples of non-traditional employers which could benefit from the knowledge, skills and abilities planners bring to the table.
With the Holidays over and our waistlines expanded it is now time to begin to turn our attention to the upcoming Legislative
session. A great way to be “in the know” about what is on the horizon was to attend our 11th Annual Public Policy Workshop held on February 6, 2013 in Tallahassee. This was an outstanding one-day event jam packed with up to the minute information and insights. Hopefully many of you were able to join us. To follow what is happening in the Legislature make sure you keep your eye out for the Chapter’s Legislative Reporter. Bill Tracking reports and updates are posted each Friday on our website’s Legislative page. Legislatively the Chapter is in good hands through the leadership of Melissa Zornitta President-Elect/Legislative Policy Committee Chair and Lester Abberger our Legislative Advocate.
Best Wishes to everyone for the New Year!
Brian Teeple, AICP APA Florida President
Winter 2013 / Florida Planning 3
In other words, what is the return on the investment made in planning efforts. Added to our challenge are efforts to link planning at the local, regional and state levels with the tenets of UN Agenda 21. As planners we recognize the need to better position ourselves and the work that we do in order to explain and demonstrate that planning is an essential component of successful communities. We must be diligent in educating and demonstrating links between good planning and a healthy, resilient economy, and a desirable quality of life. A key component of any strategy to educate and promote sound, sustainable planning principles is to find opportunities to coordinate and collaborate with allied professional organizations with common values. In recognition of this, APA Florida’s 2013 Strategic Operational Plan includes the task to identify at least two opportunities to promote the organization through partnerships with related organizations. Efforts to fulfill this task are well underway and the Chapter is in a great position to work more effectively with several allied organizations.
4 Winter 2013 / Florida Planning
Allies
AND
P
racticing planning in today’s economic and political climate can be both challenging and rewarding. Our challenges come from many different directions, not the least of which, are challenges and questions regarding the value of our work in an economy of diminished funds and resources.
PARTNERS
FlORIdA lOCAl gOVERNMENT COAlITION (FlgC) The Florida Local Government Coalition (FLGC) is an organization of professional associations that work to benefit its members through collaboration, resource sharing, professional development and issues education. Coalition members consist of 24 professional associations including APA Florida. Several of these associations, which include members working for local governments in Florida, met in Orlando on February 4, 2011, at the request of the Florida City and County Management Association (FCCMA) President Carl Harness to see how local government associations could better work together to serve their members and local government. APA Florida was invited to this meeting as the professional association representing local government planners in the state. The outcome of this meeting was the creation of the FLGC. The coalition held its first annual Local Government Association Summit on July 22, 2011. The purpose of this summit was to develop a vision and strategic priorities for Florida Local Government. One of the outcomes of this summit was the creation of a “Value Proposition for Local Government in Florida” for the next five years. This statement reads: “Local Government supports you. We partner with citizens and businesses to grow healthy & thriving communities. Your quality of life is not by accident. From the roads, to the parks, to the libraries, this is a safe a wonderful place to live. No investment in our community is more
By: Merle Bishop, FAICP
important than you. Get involved!” From the inception of the Coalition, the planning profession and APA Florida have been viewed by representatives of the other professional associations as an essential and valuable component in the provision of local government services. As a result, APA Florida was asked to serve on the Coalition’s Steering Committee. APA Florida also serves on the Resource Sharing & Professional Development Committee. The other two committees of the FLGC organization are Advocacy and Communications. The Steering Committee met on October 13, 2012 to evaluate the mission and success of the Coalition and adopt a “Strategic Plan of Action” for the future. APA Florida’s participation in the FLGC has at least six benefits, namely it: •
Represents planners who work for local government.
•
Ensures that planning issues and principals are taken into consideration along with other issues discussed among other professional associations within the coalition;
•
Creates opportunities for the Chapter to promote membership to non-member planning professionals working in local government;
•
Creates opportunities to promote training for appointed local planning official and board members;
•
Collaborates with allied professionals and associations on items of mutual concern and interest; and
•
Supports the efforts of local government planners to promote and implement smart planning and sustainable planning practices within their respective local governments.
For more information on the FLGC go to their web site at: http://floridagovcoalition.com/
FlORIdA ChAPTER OF ThE AMERICAN SOCIETY OF lANdSCAPE ARChITECTS (FlASlA) APA Florida created a new committee on sustainability in March 2012. Since this time, the committee has created a mission statement, a definition of sustainability, and a list of objectives or priority tasks for the committee to work on. The mission of APA Florida’s Sustainability Committee is to promote the integration of sustainability principles into planning policy and practice through relevant education and outreach. One of the objectives of the Sustainability Committee is to “identify other existing sustainability efforts, and as appropriate, find ways to coordinate, complement, and not duplicate their efforts.” This includes partnering with other organizations that have a role in the design and development of Florida’s communities in order to have maximum impact and make our efforts truly effective. FLASLA is a professional organization that has similar goals and multiple synergies with the purpose and mission of APA FL’s sustainability efforts. As a result, the APA Florida Sustainability Committee has begun collaborating with the FLASLA’s Committee on Sustainable Environments. An initial meeting among respective committee members on Oct. 25, 2012 resulted in agreements to continue to work together to assist one another in the advancement of our respective missions and possible future joint participation in workshops, meetings and presentation opportunities. gREAT PUBlIC SPACES IN FlORIdA “PEOPlE’S ChOICE” AWARd PROgRAM PARTNERS APA Florida has initiated plans to expand the Great Public Spaces in Florida award category by opening the process up to receive public nominations for a Great Public Space and have a popular vote for a “People’s Choice” award. This type of award program has proven to be very successful in the APA North Carolina Chapter with their Great Streets in NC award. APA North
Carolina’s experience resulted in creating multiple opportunities for public outreach and education on planning. This program also created excellent opportunities for partnerships with multiple allied organizations. In order to be successful with this award program, it is critical to have “partners” who will help promote the program and educate both the public and local elected officials. Our partners will also help celebrate Great Public Spaces in Florida and recognize the planning efforts that went into making those places happen. We anticipate partners to include both the Florida League of Cities and the Florida Association of Counties. Additionally, several allied professional organizations are being asked to participate including FLASLA, the Florida Planning and Zoning Association (FPZA) and the Florida Recreation and Parks Association (FRPA), who has appointed a representative to work with APA Florida in helping to implement the Great Public Spaces award program. Planning efforts are underway this year in order to implement this program in 2014. Through APA Florida’s involvement with the FLGC and the FCCMA, we have been given the opportunity to present a session at the FCCMA annual conference scheduled for May 23, 24, 2013 in Orlando. This opportunity gives us the chance to explain who we are and our plans for the Great Public Spaces Award to other professionals working in local government throughout the state. This year’s FCCMA conference theme is “Loving Your Community – Building Attachment to Florida’s Cities, Towns and Counties” These are excellent examples of your Chapter’s efforts to work effectively and more closely with allied organizations with mutual interest and values in promoting good planning. We hope to find additional opportunities to cultivate stronger allies and partners to help promote our profession and bring attention to the value of the work that you do. Merle Bishop, FAICP is the Immediate Past President of APA Florida and can be reached at Merle.Bishop@kimley-horn.com.
Partnering to Resolve Homeless Issues in Ocala By: Lisa Walch, AICP
The Problem
Many communities in Florida struggle with homeless issues. In a state known for its tourism, and in a city located at the confluence of six major roadways, Ocala has a steady stream of people moving through, homeless or not. The things that make Ocala a great place to live are also attractive to the homeless, with downtown being no exception because of the concentration of social service facilities there. Ocala has several social service agencies where specific segments of homeless people are served. Each agency has a criteria for whom it serves: women only; women and children; families, or adult individuals; however, there are individuals that do not fit these criteria, or for which there is simply no room. Over the last decade, more and more individuals have been turned away from temporary housing because of lack of resources to serve them. The Ocala Police Department has documented several homeless camps in and around the downtown area of Ocala. The City has an ordinance that prohibits open lodging and the police department has an active enforcement role. Problems with crime, panhandling, and the perception of safety are persistent. Mayor Kent Guinn, responsible for the Ocala Police Department, has taken a proactive stance on curbing these problems. Plans are in place to increase police enforcement and staff is exploring alternative housing solutions. One crucial continued on page 7
Winter 2013 / Florida Planning 5
[GREEN] PARTNERShIPS
continued from cover page
Salvage is still located. Ultimately, in 2007, we opened Sarasota Green Marketplace, a Green Spec certified building products retail store. From 2002 through 2009, we hosted Sarasota Green Connection (SGC) Sarasota Green World Café monthly events as a pro bono effort to “grow the local green economy.” As SGC, we created the first local green business network by also: certifying 250 companies as SGC Approved Businesses based on their sustainable philosophy, products and policies; publishing local green pages; building a web based directory; and creating an email community of 4000 people. This happened in a pre- Facebook, pre- Meetup, and pre-Linked-In world. We recognized that saving the environment also meant saving people, so our emphasis was on providing choices for people that were sustainable (socially, environmentally and environmentally conscious) as well as healthy and safe. SGC Approved Businesses were an impressive crew that grew slowly and solidly over seven years. SGC Approved Businesses owner Debbie Meyers, founder of the Green Door Organics co-op, has been filling bags with vegetables every week for twelve years now, operating Sarasota’s longest operating co-op. She is an accountant by day, but her passion is to provide healthy, affordable, organic choices for more than 80 families at four pick up locations. SGC Approved Business owner, Michael Carlson, NCARB, AIA, LEED AP was chosen as architect for HGTV’s 2009 green home as well as the Center for Building Hope. Michael has 11 LEED certified projects, and now serves as the Chairman of the Florida/Caribbean Region of the US Green Building Council. He was instrumental in starting the Green Drinks event in Sarasota, which still has an email contact list of 450 for its monthly events. We were energized by the growing interest in sustainability that swirled around Sarasota. Local media sought out Sarasota Green Connection (SGC) Approved Businesses whenever experts in “green living and green building” were needed. Sarasota County agencies made more commitments to sustainability, local magazines featured best green business contests, and we influenced efforts as far away as Africa. We partnered with local business owners, Co-op America (now Green America-that has been growing the green economy for 35 years www.greenamerica.org), and the Earth Charter organization (earthcharterus.org). We relocated our eco-forums from the library to Whole Foods Market in 2005; in 2008, we created a 501(c) 3 non-profit organization, Green Connection US. As a non-profit organization, our partnering ability soared and we entered into an agreement with the Education Foundation and began hosting a TV show that aired 32 times monthly. We were recognized with a Promising Practice Award from the Council for Sustainable Florida in 2006; made “Grow the Green Economy” presentations all over the state; and provided Low Impact Development (LID) AIA/AICP accredited courses. [Green Connection US] “Our Vision is for every community to thrive in a sustainable way, ensuring social, environmental and economic equity for all. To carry out our vision, our mission is
6 Winter 2013 / Florida Planning
[GREEN] PARTNERShIPS
[HOMELESS ISSUES] IN OCAlA
continued from page 6
continued from page 5
to ensure that communities have access to the education, tools and resources required in order to make the green conversion. We are committed to creating a future that works for all and encourages the sharing of our creative energy and knowledge. We believe it is time to make a huge and exponential impact with a sustainable outcome for the planet.” Green Connection US, Sarasota Green Marketplace and Sarasota Green Connection are no more. We were caught in the economic craziness of 2008-2010. But our SGC Approved Businesses live on and are still accomplishing wonderful and important work.
element is to facilitate and form public-private partnerships between governmental entities and non-profit organizations that would provide resources to serve this population, namely a facility for housing, and a program for gaining social independence.
Mary Anne Bowie, FAICP, is employed with Baker, reporting to Alexandria, VA, but based in Sarasota FL. She is available through the Tampa, FL Baker office to help your community grow its green economy. MaryAnne.Bowie@mbakercorp.com.
The Partnership
Early in 2012, Ocala’s Growth Management Director, Tye Chighizola, worked with Mayor Kent Guinn and a local recovery group to relocate the group’s meeting facility outside a large park in downtown Ocala, where many homeless congregated throughout the day. The City purchased the group’s building and assisted in finding another location for them to meet. Also during this time, Mayor Guinn organized a tour of a homeless facility in Pinellas County called Pinellas Hope, and garnered community support for the idea of creating a tent city in Ocala. Pinellas Hope’s model has resulted in many positive outcomes, such as serving over 300 people per year since 2007, and providing a marked decrease in the numbers of homeless on the streets of Pinellas County. The homeless have an opportunity to temporarily live in a safe place while working toward self-sufficiency as a result
of the collaboration between several government agencies, private parties and Catholic Charities. The City of Ocala, local churches and social service agencies such as Interfaith Emergency Services and Workforce Connection are beginning to work together to find solutions to the problem of people in need of a temporary home, using the Pinellas Hope model as a guide. Mayor Guinn continues to meet with other organizations to include their input and remain involved in the process. A luncheon held on October 11, 2012, identified several stakeholders and formed a steering committee for the effort. One of the first steps in working together is finding a suitable location for a facility. The City is considering donating land it owns for the facility. Father Pat Sheedy of Blessed Trinity Catholic Church is spearheading conversations with the Diocese of Orlando and Catholic Charities to explore financing for improvements and operations. While some issues are more daunting than others, addressing any community issue can be accomplished by dedicated members and organizations of a community working together. The same applies to the issue of homelessness.
Lisa Walsh, AICP is a Senior Planner in the City of Ocala Growth Management Department.
Winter 2013 / Florida Planning 7
The BAC offers one-on-one business consultation for business startups, expansion and retention. (USF SBDC)
SPARC - The Second Season launch session 2013 at the Carter G. Woodson Museum.
Nontraditional Partnerships at the
St. Petersburg Business Assistance Center By: Shirmatee Ojah-Maharaj, AICP
The BAC provides a full scope of business workshops for every stage of small business development and expansion. (SEO training session with SCORE)
Under the leadership of the City’s Mayor, the Business Assistance Center (BAC) merged with the Planning and Economic Development Department (Planning, Historic Preservation, Zoning, Permitting, and Economic Development) to fully integrate city services to foster economic development. It is a city funded one stop facility with a professional staff of five. Its focus is the development and retention of microenterprises in the city using unconventional means to achieve the goal. The City provides major needs for small businesses such as technical training; mentoring; referrals for finance; business incentives; and access to other businesses for support and growth. The city’s BAC provides these services and more with an emphasis on working in collaboration within the city organization and with external partners to create a business climate that is nurturing for small businesses. Nurturing to develop entrepreneurial skill sets and knowledge and deliver services to existing and emerging small businesses. The BAC provides a full scope of business workshops for every stage of small business development and expansion. (SEO training session with SCORE). Those that work with the BAC to provide the needs of small businesses include: Universities such as Eckerd College; organizations such as Small Business Administration’s, SCORE (Counselors to America’s Small Businesses), the Small Business Development Center; Gulf Coast Business Finance Incorporated; the Tampa Bay Black Business Investment Corporation; and community groups and
8 Winter 2013 / Florida Planning
The City of St. Petersburg continues to provide major support to small businesses by making small businesses integral to the economic success for the City. By: Shirmatee Ojah-Maharaj, AICP art organizations. Services are delivered at the office, online, or at the businesses on business corridors. The business corridors are part of the Business Corridor Program. BAC staff serves as Business Corridor Coordinators. The coordinators develop relationships; manage services with the businesses, other city staff and service providers. This program was piloted in an underserved area of the city (Midtown) and is offered citywide. Customers are assisted on a case management basis with an emphasis on “following up.” An integral part of this program is the Eckerd College/Progress Energy Internship Program. Progress Energy funds the program to provide “real world” experience and training for interns while providing a service to the small businesses. The Business Corridor Coordinators manage the interns and the project. Students serve as a resource and a labor bank. They work on marketing, advertising, sales, accounting, web design, inventory, area clean-up, educating small businesses on energy saver and environmental programs. In the past four semesters, students assisted 47 businesses, providing 2100 volunteer hours of service. The BAC is a model approach to address the needs of the small business by forming alliances with the above university, organizations and entities to follow to develop an educated workforce, and develop and mentor small businesses.
Programs at the Business Assistance Center A business idea goes from concept to development to implementation through consultation; technical training and mentorship by the service providers. A course of action may include: development of a business
[ST. PETERSBURG] BUSINESS ASSISTANCE CENTER
continued from page 8
plan; deciding the legal structure; the marketing strategy; financial structure; working with financial institutions for loans; site selection with courtesy site plan reviews along with “hands on” training on QuickBooks and more. The BAC offers one-on-one business consultation for business startup, expansion and retention. (USF SBDC) City staff from Purchasing and Procurement, Housing, Library Services, Fire Services, Permitting, Zoning, and Economic Development, provide training on “How to do business with the City,” the services available online through the library for researching the competition and accessing information for a business plan, disaster preparedness, and city services and incentives. City Staff includes planners who provide a creative, nurturing climate for entrepreneurship and economic development. Planners are trained to think simplistic and complex. They are multifaceted and visionary and can continually move to and from a situation while questioning processes, collaborating with the staff, schools, universities and organizations and looking for ways to improve systems. Planners see assets amidst chaos and are able to be visionaries. BAC staff was trained with the planner’s approach and has benefited from it. A Grand Opening celebration is part of the business training procedure. BAC staff works with the business to coordinate and plan the event with the mayor and city council‘s calendars. The City’s Police, Sanitation and the Recreation Department’s Special Events Division are involved. The City’s Marketing Department (including St Pete TV) provides advertising opportunities through press releases and televised replays. Ongoing consultation and mentoring are available after the business is established.
and advise a high school specializing in Business Education and Technology Academy (BETA) on the appropriateness of the curriculum for producing a labor ready workforce. Nontraditional partnerships were fostered with community and college historians, residents and the city’s Historic Preservation staff to develop the city-initiated African American Heritage Project. The project includes a walking trail and settlement areas highlighting significant African American individuals, people, events and places in the community. Staff also collaborated with businesses and other city departments on a major 7.2 mile long business corridor to develop and implement the Central Avenue Revitalization Plan. A Central Avenue Council comprised of business district leaders is being organized to facilitate implementation of the plan with the city. Recognizing the economic impacts of art in a community, the BAC collaborated with SCORE, the city’s Marketing, Economic Development staff, art organizations and individuals to develop SPARC (The St Petersburg Artists Resource Collaborative (SPARC) a special business training program for artists delivered by SCORE and renowned artists from the community. Shrimatee Ojah-Maharaj, AICP is the Manager of the St. Petersburg Business Assistance Center. She can be reached at shrimatee.ojah-maharaj@stpete.org.
Other Programs at the BAC The Small Business Enterprise (SBE) Program, (a race and gender neutral program) is a major component of the BAC’s services. Staff certifies small businesses in construction and goods and services to procure contracts with the city. Staff works with the city’s SBE Construction Committee to review projects and assign goals or shelter city projects for SBEs. Specialized training in bonding, construction, pricing, estimating and bidding are geared for SBEs to build capacity. BAC staff also works on special projects with other agencies such as the Super Bowl and the RNC (Republican National Convention), Minority Enterprise Development Week and the Purchasing and Procurement Department’s Reverse Trade Show to train and provide special business and advertising opportunities for the SBEs. An educated workforce is important to an economy. Keeping students interested and in school is vital to this end. The Journeys in Journalism Program developed by the Tampa Bay Times involves BAC staff working with area journalists, elementary, middle and high school principals, teachers and businesses in “ Midtown Through Our Eyes” a newspaper publication produced by the students highlighting area history, individuals and businesses while developing skill-sets in writing, interviewing, television production, and equipment operation. BAC staff also collaborates with local technology business CEOs to review the curriculum
Winter 2013 / Florida Planning 9
Call for presentations September 10-13, 2013 / Rosen Centre Orlando
Presentation proposals for the 2013 APA-FL Conference being held at the Rosen Centre Orlando are due by 5:00 PM on March 22, 2013. Please complete an APA Florida Conference Presentation Summary Form available online at www.floridaplanning.org. There is going to be a huge party in Orlando and you are all invited! As planners, we stand ready to address a variety of planning challenges and when asked, should respond, “Planners have an App for that!” That is the theme for the 2013 APA Florida Conference, which is based on the idea of incorporating innovation and technology into the everyday planning practice across the state, the nation, and even the world. The Orlando Metro Section has been working hard to make this a great conference and invites you to be a part of the party! We are asking you to join us in Orlando and share your ideas, projects, and research by submitting a presentation proposal for the 2013 APA Florida Conference in one of the following tracks.
iMove.2K13 Let’s talk about innovation in the way we move! This track showcases creative and resourceful approaches in transportation. Presentations should focus on projects that exemplify innovation by establishing a new “high bar” for coordination, implementation, funding, or performance; demonstrate inventive approaches in transportation planning; or showcase technology solutions for efficient provision of transportation choices. We are looking for presenters who are excited to highlight some of the high-tech and transportation planning innovations from around the country and especially within Florida.
iPromoteSustainableCommunities Sustainability… that’s the topic every planner is talking about. How do we continue developing our communities and our world without jeopardizing the needs of future generations? How do we retrofit aging corridors and sprawling suburbs and maximize our existing infrastructure? How do we ensure that our communities can sustain themselves by supporting a mix of uses, including urban agriculture and local food production and distribution? Planners are encouraged to share their experiences, successes, and innovative ideas. Topics covered may include corridor redevelopment, suburban retrofit, and planning for healthy communities, the environment, and rural areas.
iCommunicatePlanningIdeas In the planning field, communication and public involvement often require a delicate approach to produce valuable results necessary to address diverse community interests. There are various outlets for information sharing, including social media, citizen engagement meetings, and collaborative partnerships. Are certain communication approaches more suitable for particular situations than others? Do new times bring new ideas about communication and public involvement? How do we choose one method over another? Speakers are invited to share their own successful communication approaches, past experiences, preferences, techniques and innovations that can be used by others in developing planning-related communication and public involvement strategies.
iAmAware What trends are you tracking, why are they important, how are you responding, and what advice would you give to others? Demographic, social, economic, and political changes may cause planners to respond in new ways. Effective planning stays ahead of the curve and prepares for tomorrow’s planning needs. This track identifies these trends and showcases how they influence the work planners are doing today. Presentations may include tracking of demands and preferences related to housing and neighborhood types, people with disabilities, rising fuel costs, aging in place, downsizing, getting around without a car, food systems planning, energy and water use.
10 Winter 2013 / Florida Planning
iBuildProsperity Economic forces over the last few years have required communities to get creative and seek innovative ideas to catalyze private investment and new development opportunities. We are looking for engaging sessions that demonstrate proven practices, push the boundaries of the planning profession, and motivate the pursuit of excellence in community economic development. What practical strategies can you share with others that can help to build a thriving and diverse economic and employment base? Economic development initiatives in this track may relate to creative finance, transit oriented development, economic gardening, corridor revitalization, effective public private partnerships, or others that contribute to local economic stability.
iInspireGreatPlaces From Baby Boomers to Millenials, people are searching for unique or special places to live, work and spend leisure time. The Creative Class likes to think in them, Baby Boomers like to shop in them, and Millenials want to hang out in them. Great places result from a combination of history, character, and design. This track will explore the many ways in which we can engage in placemaking through visioning, local initiatives, urban design, and planning to create environments that promote wealth, happiness, and general well-being. This track will also explore how to retrofit, create, or redesign to fit the community fabric respecting its scale, enhancing its character, or facilitating a positive change. What projects and initiatives have been more or less successful in your community, and what lessons have you learned? Come share your experience in inspiring great places! Each session should cover 1.25 hours (75 min) except law and ethics sessions, which should cover 1.5 hours (90 min). Be sure to provide all of the required information. Preference will be assigned to sessions that appear to be eligible for AICP Certification Maintenance (CM) credits. Do not attach any additional information beyond what is required. Please do not exceed the identified word limitations. Email the completed submittal form to submissions@floridaplanning.org. After you have submitted a proposal, you will receive an email acknowledgement of the receipt of your proposal. This email is your indication that the submittal process was successful. If you do not get this email, please contact the Chapter Office at 850-201-3272 or fapa@floridaplanning.org to ensure that your proposal was actually received. If you have any questions or concerns regarding the conference tracks or the submittal form, please contact the Chapter Office.
Winter 2013 / Florida Planning 11
from s n o s s e L St. LouisP s-Ruiz, AIC
By: Luis Nieve
I was recently selected to join the 2012 Next American Vanguard class...
Vanguard is a national leadership conference that gathers “40 under 40” urban advocates from cities across the nation. This year’s conference was held in St. Louis, and included discussions with local leaders and a tour of the city. My visit to St. Louis was also an opportunity to reflect on some of the challenges and opportunities faced by Florida’s urban environments. What does an old rust belt city has to teach a Florida planner? Well, it turns out there is plenty Florida planners can learn from St. Louis. Support or Cultivate your City Advocates In For the Love of Cities, Peter Kageyama talks about cultivating people’s passion for cities. The book profiles the Vines brothers and their company STyLehouse, a St. Louis-themed apparel and design company that has become an anchor of the city’s Cherokee District. I had the opportunity to meet Randy and Jeff Vines and witness their passion for St. Louis. Planners often make the mistake of reducing citizen engagement to obtaining citizen comments on specific plans or land use processes. Our profession instead needs to support existing community leaders and cultivate more champions for cities. Local arts and cultural groups, neighborhood councils, and “Main Street” business organizations may be good places to find these passionate citizens. Florida cities like DeLand and Anna Maria Island have benefited from the involvement of local community champions. Focus on Neighborhood Pride Like many other Rust Belt cities, St. Louis’ population peaked in the 1950s, but has experienced decline since then. While there are signs of urban vacancy and abandonment in the city core, they are mitigated by the strength of the city’s numerous neighborhoods. Neighborhood pride is apparent everywhere from identity signs to apparel with neighborhood names for sale in local stores. These grassroots efforts have helped to revitalize St. Louis. Preserve the City’s historic Fabric Citizens of St. Louis are proud of their past. Rather than being torn down, older buildings are often repurposed for other uses. One example is the St. Louis City Museum, former site of the International Shoe Company. This 600,000 square foot building has been transformed into a children’s museum that houses, among other things, a giant ferris wheel and a ten-story slide. Moreover, all the materials used for the museum’s construction were salvaged from older construction sites. St. Louis is also working hard to preserve its brick buildings and 1950s architecture. As Florida cities get older, it might be wise to take a cue from St. Louis and incorporate more of the existing urban fabric into revitalization projects rather than just starting new. This approach is working for St. Augustine and some historic Community Redevelopment Areas. My St. Louis experience showed me that passionate residents, strong neighborhoods, and historic preservation strategies can have a positive impact on the city. As planners interested in creating vibrant urban environments, our role is vital in making these dynamics work for Florida’s metropolitan areas. Luis Nieves-Ruiz, AICP, works as a planner in Orlando. He is a member of the 2012 Next American City Vanguard Class and a graduate of the Connect Florida Statewide Leadership Institute.
12 Winter 2013 / Florida Planning
fisCaL COnsTrainT and demOgraPhiC Trends ChaLLenge fLOrida’s human serviCes TransPOrTaTiOn neTwOrK
By Whit Blanton, FAICP
W
ant to know the real future of transportation for many Floridians? It will entail relying on family, friends or a sponsored van or taxi to get to a medical appointment, a pharmacy, the grocery or a job. Human services transportation is an increasingly essential form of transportation mobility for a rapidly growing number of people in this state. The disconnect between many Florida residents and their destinations, along with an aging population and recurring medical trips, are factors in what could be exploding demand for door-to-door paratransit services. Until land use patterns sufficiently respond to changing housing and travel needs, many more Floridians will depend on the urban and rural human service transportation network for their transportation needs. Consider this one aspect of Florida’s demographics: Today, 17 percent of Florida’s population is 65 or older. In 2020 that climbs to 18 percent and by 2030 it is 27 percent – an additional 4.3 million people. Roughly one in five of that age group does not drive; meaning an additional 870,000 people will be seeking sufficient transportation options in the next 20 years. It is an expensive endeavor: costs can be anywhere from $10-$45 per trip. Most transit agencies lack the funding to expand services to meet those needs. It takes a well-coordinated network. Working together under the umbrella of the Florida Commission for the Transportation Disadvantaged, Florida’s system consists of the state’s metropolitan planning organizations, the Florida Department of Transportation, regional planning councils, local governments, human service agencies and public transportation providers that comprise Community Transportation Coordinators (CTCs) that serve each of Florida’s 67 counties. It is one of the more challenging and often overlooked parts of Florida’s transportation network, providing access to
destinations for the state’s elderly, veterans, low income residents and people with disabilities. Florida’s system is a nationally lauded model, with a return of $8 for every dollar invested and a dedicated funding source. However, there remains a large unmet need. In 2010, more than one million trips were denied due to lack of funding, lack of vehicle availability or other reasons. Budget cutbacks at the state and local levels, plus changes in the new health care law, will continue to strain a system at a crucial time when it is experiencing rapidly rising demand from an aging population, returning veterans and economic hardship. a summiT Of shared inTeresTs For those reasons, the Florida Department of Transportation, along with its local partner agencies, hosted the Southeast Florida Human Services and Veterans Transportation Summit at Florida Atlantic University in Boca Raton on December 14, 2012. Over 120 participants attended the day-long Summit, representing the seven counties of southeast Florida: Broward, Indian River, Martin, Miami-Dade, Monroe, Palm Beach and St. Lucie. The Summit brought together local government officials, paratransit providers, their clients, non-profit organizations, local coordinating board members, and other government representatives to focus on discussing emerging issues and developing a shared set of objectives for the coming year. Similar gatherings are occurring elsewhere in the state. StarMetro, Tallahassee’s public transportation provider, also hosted a full day workshop in 2012 as part of its work to create a Capital Region Human Services Mobility Coalition. Its work on improved regional coordination led to recognition last year by the Commission for the Transportation Disadvantaged as Florida’s Urban Community Transportation Coordinator of the Year. At the Boca Raton Summit, representatives of the Federal Transit Administration, the Community Transportation Association of America and the Atlanta Regional Commission addressed the topics of program and funding changes, and highlighted key benefits and best practices for regional coordination. The day entailed break-out sessions to tackle the emerging issues of veterans, aging & diversity, funding and technology. continued on page 14
Winter 2013 / Florida Planning 13
[HUMAN SERVICES] TRANSPORTATION NETWORK
continued from page 13
Building A Transportation Future Through Partnership By: Andrea Rosser, StarMetro
Tim Garling of Bro ward County Transit makes a point at the Veterans and Human Services Summit in Boca Raton.
Changing Laws and Trends Demand Effective Partnerships MAP-21 presents a changing tableau for human services providers and coordinators. The new federal law repealed and consolidated several human services transportation programs, such as Jobs Access/ Reverse Commute (JARC) and New Freedom, and shifted dollars into formula programs to ensure steady funding. Against a backdrop of a more competitive funding process and higher expectations for accountability in MAP-21’s performance-driven, outcome-based focus, Florida’s coordinated human services transportation system will need to strengthen partnerships both regionally and locally. With fiscal constraint and a more diverse, aging population, it is becoming increasingly important to leverage funding from multiple sources and partner with public and non-profit agencies on competitive funding opportunities. CTCs and the designated planning agency in each county will need to work with the state, MPOs and public transportation providers to establish relevant performance measures and set targets for achieving desired service outcomes to demonstrate a high level of accountability. Summit Key Themes That was the central message at the Boca Raton Summit, where participants developed ideas, potential strategies and actions for continuing planning of Florida’s regional coordinated transportation network. Integration of veterans’ transportation into the Transportation Disadvantaged network requires mutual support over segmentation of transportation services. Determining needs and identifying regional emerging issues ensure systems don‘t become overburdened and no one is denied vital transportation. Shrinking and changing funding makes it difficult to plan, encourages competition for scarce resources, and makes work and life more difficult and stressful. Lack of transportation funding shifts costs to health care and other sectors and people become more isolated and ill. Equity is critical, so efforts need to focus on finding ways to make transportation grants more applicable, available and more efficient for human service and veterans’ transportation. Whit Blanton, FAICP, of Winter Park, FL is vice president of Renaissance Planning Group and a board member of the American Planning Association.
14 Winter 2013 / Florida Planning
In May of 2011, StarMetro hosted the inaugural Capital Mobility Summit with a theme of “Building Our Community’s Transportation Future”. The purpose of this first Summit was to explore ways to improve the coordination of community transportation and expand the mobility options available to all citizens of the capital region, especially the elderly, persons with disabilities and low-income individuals. Additionally, it was for the purpose of developing new long lasting partnerships committed to improving transportation and mobility options within the capital region. Over 130 people attended the summit representing a diverse group of stakeholders including transportation providers, elected officials, planners, state agency representatives, as well as public and human service organizations that have a stake in public and specialized transportation within the region. Through the input received at the summit, an Action Plan was prepared and the Capital Region Human Services Mobility Coalition was formed to work the plan. The Action Plan was put together with the assistance of Jo Ann Hutchinson, United We Ride Ambassador with the National Resource Center for Human Service Transportation Coordination. The Plan highlights five areas for developing a community coordinated transportation service along with the regional successes and areas of need determined at the summit. “Having this Action Plan illustrates the progress made and provides a roadmap for the development of future services within the Region” says Jo Ann. As the result of partnerships formed at the Summit, the Capital Region Human Services Mobility Coalition was formed in October of 2011. The Coalition consists of representatives of Jefferson, Gadsden, Leon and Wakulla Counties, the Area Agency on Aging, the Apalachee Regional Planning Council, Commuter Services of North Florida, Department of Elder Affairs, and the Florida Commission for the Transportation Disadvantaged. The Coalition uses the Action Plan as a building block to initiate and advocate for ways to assist the transportation disadvantaged within the region. Ivan Maldonado, Interim Executive Director of StarMetro says “the unified voice of this Coalition will result in a better use of existing resources, improved service delivery and service enhancements for consumers.” It has been two years since the inaugural Capital Mobility Summit and StarMetro along with the Capital Region Human Services Mobility Coalition are preparing for another summit in the spring of 2013. Andrea Rosser is the Mobility Coordinator with StarMetro and can be contacted at 850-891-4066 or andrea.rosser@talgov.com.
DIY Placemaking & Non-traditional, Inclusive Collaboration By: Anna McMaster and Marta Viciedo
T
he idea behind non-traditional partnerships implies a holistic approach to problem solving, network building and goal achievement.
partnerships sustain on mutual trust, respect, and shared passions for grassroots placemaking along with a lot of time, effort, and drive. In order for cities to have a comprehensive conversation on improved transit such non-traditional partnerships and collaborations If the city is considered to be an interdepenare integral to engaging typically marginalized dent system, then non-traditional partnerships stakeholders in a meaningful way. offer new resources that enable the system Local residents, artists, students, business (including the new partner) to not only thrive, but owners, and more are working together in to do so resiliently. Interestingly, the idea of Do It creating the Purple Line’s train station. Through Yourself Urbanism (DIY Urbanism) builds directly participation, local students and volunteers will off this concept by engaging individual residents be given an opportunity to explore principles and local community organizations as active of urban placemaking and multi-modal transit partners - sometimes even before more traditional concepts while realizing their ability to effect planning firms and city agencies are involved. change through citizen participation and action. On June 16, 2012 a voluntary group of These partnerships are the first step in reaching community members, business owners, and out to Miami’s youth and underrepresented students, worked together to present South populations with lessons on important urban isFlorida’s first Build a Better Block installation sues like place, transit, accessibility, and more. in Fort Lauderdale with great success. Build At its core, the Purple Line is meant to a Better Block is a national movement that is strengthen existing social ties while building widely recognized as a creative tool for residents networks and fostering new partnerships for to participate tangibly (as opposed to pasplace-changing. The involvement and level sively as participation traditionally goes) in the Figure 1: Better Block Ft. Lauderdale, Before and After, of cooperation between partners not only June 16, 2013 redevelopment of their communities. Through catalyzes connections but also creates the DIY projects such as these, community members very engagement, understanding, and support become empowered agents of urban and social necessary to continue transit improvements change. The projects become a powerful comin Miami while enhancing local citizen and munity engagement exercise where residents are business action and awareness. From this directly involved through the planning process perspective, the project’s value is far greater and implementation phases. Such engagement than what is experienced during the 2-day can become an invaluable tool for cities not exhibition. In fact, the Purple Line’s greatest only because fresh ideas are generated but also impact is realized through the collaborative because organizers undergo a learning process process: the new connections made, the that makes them far more likely to be empathetic partnerships created, the skills shared, and and involved in future city-sponsored planning gained. Each of these represent invaluable Figure 2: Purple Line Meeting initiatives. Inspired by the success of this movelong-term assets to both individuals and the ment and the Fort Lauderdale exhibit, the Purple community. In sum, Purple Line’s impact is Line project was born to join the conversation on the production of social non-traditional partnerships and the intensely mobility and level of service issues in Miami. collaborative nature of the project. Essentially, the project (taking place March 8-9, 2013) is a communitydriven, collaborative, transit-oriented initiative that can be most concisely described as a future pop-up transit station. Purple Line is built firmly upon broad collaboration, shared ownership, and relationships that are inherently unofficial, unsanctioned, and non-binding. These non-traditional
Anna McMaster is a Purple Line organizer and Urban and Regional Planning Graduate Student at Florida Atlantic University. armcmaster@gmail.com. Marta Viciedo is an Urban and Regional Planning Graduate Student at Florida Atlantic University. She is also the APA Student Regional Representative for Region 3. She is a Purple Line organizer. marta.viciedo@gmail.com. More information is available at www.purplelinemiami.com and www.facebook.com/utransit.
Winter 2013 / Florida Planning 15
APA Florida
Section happenings!
In Memoriam:
First Coast Section:
APA Florida was saddened to learn that Christopher Cutro, a long-time Florida planner and member of APA, died suddenly on December 24, 2012 at his home in Hollywood. Son of the late Joseph Cutro, Sr. and Frances (DiLorenzo) Cutro, Chris was born and raised in Bayonne, New Jersey, and was a 1967 graduate of Marist High School in that city. Chris then attended Kansas State University in Manhattan, Kansas, where he attained a B.S. degree in political science. In 1972, Chris married Janet Hvizdak, who had grown up on the same street in Bayonne as Chris. After college, Chris worked successively for Hudson County (New Jersey) and the Town of Westfield, New Jersey as a community planner. During this period, he and Janet moved to Springfield, New Jersey, and he acquired a Master’s degree in urban and regional planning from Hunter College in New York City. In 1980, he accepted an urban planning position at the City of Hollywood, and moved with his family to Florida. At Hollywood, he was instrumental in integrating land developments both large and small into the community fabric, and he eventually rose to the position of Principal Planner in the City’s Planning and Zoning Division. He stayed at Hollywood for 13 years, before briefly taking a similar position in the City of Boynton Beach. In 1995, Chris launched his own urban planning business, primarily providing assistance to individuals with land development applications in South Florida municipalities, while also providing development review services to municipalities themselves. In this venture, he at first worked under the aegis of architectural firm Saltz Michelson, before becoming fully independent under the name Cutro and Associates several years later. At the time of his death, Chris remained the sole principal and corporate officer of the firm. Chris was a long-time member of the American Planning Association, serving terms as national chair of the Private Practice Division Executive Committee, and Chair of the Broward County Section of APA’s Florida chapter. Over his last ten years, Chris had also turned a cooking hobby into a sideline career as a professional chef, serving at catered functions throughout South Florida. Chris also enjoyed golf, fishing, and road trips “out west”. He is survived by his wife Janet and a son, Christopher Jr., both of Hollywood; a daughter Laura, of Yellowstone National Park, Wyoming; and a brother Joseph Jr. (Joe) of Rockville, Maryland. Cremation will be private, although a local memorial celebration is being planned for later in the year. Messages of remembrance may be e-mailed to Cutro and Associates at cutroplanning@bellsouth.net.
The First Coast Section is pleased to announce that we will be offering FREE Local Planning Agency Training Workshops in March and April. The goal of this endeavor is to better inform planning officials about how to become more effective and enjoy their tenure on the agency by making better decisions. The primary target audience is local planning agencies located in Baker, Clay, Duval, Flagler, Nassau, Putnam and St. Johns Counties. It is free of charge for any appointed member of a local planning agency regardless of whether or not they are members of APA. The two workshops are designed to not only provide a basic foundation of planning law but also share practical skills necessary to maximize their competency and ability to render legally defensible decisions and recommendations. The material is intended to augment and support any training that the respective planning departments may already offer, not replace it. Both workshops are open to other interested parties for a small fee. Certification Maintenance LAW and ETHICS credits has been requested. Registration information can be found at www.floridaplanning.org/firstcoast.
Heart of Florida Section:
The Heart of Florida Sector is sponsoring a new community gardens building program for communities and neighborhoods within the area the Section serves; and they are putting their money where their mouth is. The Section has prepared guidelines that include sample construction plans and materials lists that will be provided to each applicant that would like to apply for the grant that the Section is offering. While there are some criteria that must be met, the Section is offering up to $1,000 in financial support to the selected applicant (one per year) and also some assistance with the actual construction for the annual recipient of the grant. The deadline for the 2013 Application submittal is February 28, 2013. The award will be announced by March 15th, in time to plant for the spring season. Details for the program can be found on the Section’s website www.floridaplanning.org/hof.
Orlando Metro Section:
The Orlando Metro Section is preparing for the 2013 APA Florida Annual Conference to be held in September at the Rosen Centre Hotel on International Drive. The theme of the conference is “Planners have an App for that!” and section members have divided into groups to achieve facets that bring the overall conference together. The section is excited to be the host again and is looking forward to working with adjoining sections of the Atlantic Coast and Heart of Florida to provide for a comprehensive and memorable venue. Sun Coast Section: For those taking the AICP Exam, the Sun Coast Section is offering an intensive two day prep course, March 15 & 16. Working professionals will present a wide range of topics, including planning history, theory & law, plan making & implementation, functional and spatial areas of practice, planning ethics & more! The event will be held at the Tampa Bay Regional Planning Council 4000 Gateway Centre Blvd., Suite 100 Pinellas Park, Florida 33782. To register for this event and learn about other upcoming events please visit the Section’s website at: www.suncoastplanning.org.
16 Winter 2013 / Florida Planning
Christopher F. Cutro
LAND USE & PLANNING: Law Case Update
by: David Theriaque, Esq.
Arkansas Game & Fish Commission v. United States, ___ U.S. ___, 133 S. Ct. 511 (2012). The Arkansas Game and Fish Commission (“Commission”) owns and oversees a wildlife management area along the Black River. The U.S. Army Corps of Engineers (“Corps”) constructed and operates a dam upstream from the area, periodically releasing water from the dam. For a period of several years, the timing and rate of the release of water by the Corps resulted in repeated flooding of the Commission’s land, cumulatively destroying millions of feet of timber and changing the terrain. In 2005, the Commission filed a takings lawsuit against the United States. The trial court ruled in favor of the Commission and awarded $5.7 million in damages. The appellate court reversed, holding that government induced-flooding could only give rise to compensation if such flooding was “permanent or inevitably recurring,” rather than a temporary governmental-induced flooding. The Commission appealed to the U.S. Supreme Court. The U.S. Supreme Court reversed the appellate court, concluding that temporary governmental-induced floodings are not categorically exempt from Takings Clause liability. Rather, “[f]looding cases, like other takings cases, should be assessed with reference to the particular circumstances of each case, and not by resorting to blanket exclusionary rules.” Accordingly, the Court remanded the case to the appellate court to address the Corps’ remaining challenges to the trial court’s decision, such as causation, foreseeability, and the amount of damages. This case is an excellent example of how long takings cases can last. At this juncture, more than seven (7) years have lapsed since the Commission filed its lawsuit and substantial appellate issues remain pending. Property owners who file a takings case must have the capacity to withstand several years of litigation and the substantial costs associated with such litigation. Hakim v. Pinellas County, 20 Fla. L. Weekly Supp. 32b (Fla. 6th Cir. Ct. June 27, 2012). Hakim filed an application for a special exception to use his property as a child care center. The only evidence presented in opposition to the special exception application was testimony from neighborhood residents concerned that the request would cause an increase in traffic and would generally upset the character of the neighborhood. The Pinellas County Board of Adjustment denied the application and Hakim filed a petition seeking certiorari review. The circuit court ruled in favor of Hakim, holding that the lay testimony regarding potential traffic effects and speculation about “other general, unfavorable impacts” did not constitute competent substantial evidence. Thus, the court concluded that there was no competent substantial evidence in the record to support the County’s decision. This case demonstrates the fine-line that exists between permissible and impermissible lay testimony in quasi-judicial hearings. A neighbor can testify about objective factual matters, but if a court concludes that the neighbor’s testimony falls within the range of expert opinion, the court will conclude that such testimony does not constitute competent substantial evidence. St. Johns River Water Management District v. Koontz, 77 So. 3d 1220 (Fla. 2011), cert. granted, 2012 WL 1966013 (U.S. Oct. 5, 2012) – UPDATE. The United States Supreme Court has accepted jurisdiction to review the Florida Supreme Court’s decision regarding Koontz’s temporary takings claim. The Florida Supreme Court reversed a lower court’s temporary takings determination, concluding that the United States Supreme Court’s decisions regarding “exactions” are applicable “only where the condition/exaction sought by the government involves a dedication of or over the owner’s interest in real property in exchange for permit approval; and only when the regulatory agency actually issues the permit sought. . . .” In this case, the St. Johns River Water Management District (“SJRWMD”) denied a permit to dredge wetlands because Koontz refused to agree to certain exactions requested by the SJRWMD as permit conditions. Beattie v. City of Winter Park, 20 Fla. L. Weekly Supp. 29b (Fla. 9th Cir. Ct. Aug. 22, 2012). The Beatties purchased property on which they desired to build a single-family home with a footprint of approximately 3,000 square feet and a total area of over 4,496 square feet. Based upon setback restrictions that existed before the Beatties purchased their property, the buildable area is limited to a 400 square foot footprint or 800 feet total area in a permitted two-story building. Consequently, the Beatties filed an application for a hardship variance, which the City of Winter Park (“City”) denied. The Beatties filed a petition seeking certiorari review. The circuit court noted that “[w]hen a landowner acquires the land with knowledge of the zoning restrictions, he cannot cry ‘hardship.’” In this case, there was evidence that the Beatties knew or should have known of the restrictive setbacks when they bought the property. By choosing to design a building that was too large for the lot, the Beatties created the hardship. Consequently, the court upheld the City’s denial. This case provides an excellent example of the self-created hardship rule. Property owners are not entitled to variances when they have created the hardship by designing a building that exceeds regulatory parameters which were in place when they purchased their property. David Theriaque is with the firm of Theriaque & Spain in Tallahassee. He can be contacted at dat@theriaquelaw.com.
Winter 2013 / Florida Planning 17
[CONSULTANTS] DIRECTORY Advertise in the Consultants Directory The Consultant Directory is a fitting place to showcase your firm. $250 buys space for a year in the newsletter (five issues) plus inclusion in our web-based consultant directory. Display ads to promote your business, conference, projects and more are available. Contact the Chapter office at 850-201-3272 for rates and details.
18 Winter 2013 / Florida Planning
Winter 2013 / Florida Planning 19
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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.
[UPCOMING] EVENTS FEBRUARY 11, 2013: TRANSPORTATION SUMMIT Greenville. The Florida Chamber Foundation in partnership with the Florida Dept. of Transportation will host the 2013 Transportation Summit at the Honey Lake Plantation conference center. Cost: $150. To view the agenda and to register, go online today to www.FloridaChamber.com/TransSummit. Space is limited so register soon. FEBRUARY 20, 2013: EThICS IN PlANNINg: YESTERdAY, TOdAY & TOMORROW Fort Myers. Come and get your 1.5 CM Ethics credits for free! The incomparable Wayne Daltry, FAICP will present. Contact Tony Palermo, apalermo@leegov.com for more information. FEBRUARY 22, 2013: 2013 REgIONAl hOUSINg FORUM Pensacola. This forum will provide opportunities to discuss initiatives already underway in Florida and the benefits that aging in place options offer for job and economic growth. Contact Janine Harris at 850-4142373 or harrisj@elderaffairs.org for more information. FEBRUARY 22, 2013: PlANNINg OFFICIAlS TRAININg WORKShOP Lauderdale-By-The_Sea. Cost: $50/per person. Johanna Lundgren, AICP at 954 763-4242 or jlundgren@ wsh-law.com for more information or to register. MARCh 25-26, 2013: PREPARINg A FORM-BASEd COdE: dESIgN CONSIdERATIONS Tampa. This 2-day intensive course explores the critical nexus of urban design and form-based coding. Cost: $700. Contact info@formbasedcodes.org for more information. APRIl 19, 2013: AdAPTIVE PlANNINg FOR SEA-lEVEl - lEgAl ISSUES FOR lOCAl gOVERNMENT SAVE THE DATE! The Florida Sea Grant College Program, with support from the National Oceanic and Atmospheric Administration, will present the full-day workshop “Adaptive Planning for Sea-Level Rise— Legal Issues for Local Government” in Broward County, Florida. Registration coming soon. Contact: Thomas Ruppert at 352-392-5870 or truppert@ufl.edu. For more information on these and other APA Florida events, please visit http://www.floridaplanning.org/