Summer 2012 Florida Planning Newsletter

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

Summer 2012

www.floridaplanning.org

Connecting Health and the Built Environment in Florida’s Gold Coast By: Karen Hamilton, Melissa Hege, AICP, and Silvia Vargas, AICP

Planning was initially about people and their social conditions: it grew out of a public health interest in improving the living and general social conditions of immigrants and the poor.

The environmental determinism approach soon evolved into Euclidean Zoning… and we all know the rest.

As planners, we have a unique opportunity to evaluate and influence the policies and practices that shape the built environment. The planning profession is progressively going back to its social and public health roots, as increasing health disparities have prompted the examination of socio-economic factors such as race, income, and location, and the impact these issues have on housing, education, transportation choices, environmental conditions or the ability to easily access to recreation opportunities and healthy foods that allow us to live healthier lives. There is a greater understanding and acknowledgment of how the places that we plan and build affect their occupants – for better or for worse. Planning has real, tangible, quantifiable social costs. Too often, those costs have had unintended deleterious results on our communities.

Gold Coast Section This year, the Gold Coast Section of the APA Florida has chosen to focus its professional development program on issues and activities that explore the connections between health and the built environment and highlight planning efforts which address these complex issues. The Gold Coast Section challenges the planning community it serves to incorporate these experiences into their professional work to positively affect the relationship between planning and the health of their communities. continued on page 4

ALSO IN THIS ISSUE

5

2012 Annual Business Meeting

OTHER Features

6

Climate Action Planning is Good Planning

10 12 14 APA FL 2012 Elections: VOTE NOW

Achieving Public-Private Partnerships

Leaving a Legacy

President’s Message - p.3 FL Sector Plans - p. 8 Planners in the News - p. 17 Honored in LA - p. 17 Law Case Update - p. 18 Consultants Directory - p. 19 Events - back page

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

[APA FLORIDA] KEY CONTACTS - EXECUTIVE COMMITTEE

Name

Phone

Fax

E-mail

Statewide Officers President

Merle H. Bishop, FAICP

863-701-8702

863-701-9832

Merle.Bishop@kimley-horn.com

President-Elect

Brian Teeple, AICP

904-279-0880

904-279-0881

bteeple@nefrc.org

Immediate Past President

Kim Glas-Castro, AICP

561-758-7551

kglascastro@bellsouth.net

VP-Membership Services

Mary Kay Peck, AICP

702-354-2671

mkpeck@@mkpeckassociates.com

VP-Section Affairs

Melissa Zornitta, AICP

813-272-5940

813-272-6255

zornittam@plancom.org

VP-Professional Development

Andre Anderson, AICP

407-896-0455

407-896-0425

aanderson@pdgfla.com

VP-Conference Services

Wiatt Bowers, AICP

904-363-8488

904-363-8811

Wiatt.Bowers@atkinsglobal.com

VP-Certification Maintenance

Henry Bittaker, AICP

561-523-0678

hbittaker@aol.com

Secretary

Marcie Stenmark, AICP

813-272-5940

813-272-6255

stenmarkm@plancom.org

Treasurer

Allara Mills Gutcher, AICP 850-319-9180

allara@theplanningcollaborative.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

Bob Deyle

850-644-8512

850-645-4841

rdeyle@fsu.edu

Student Representative

Morgan Runion

850-527-1877

mnrunion@gmail.com

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@gdbddesign.com

727-452-2416

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

2 Summer 2012 / Florida Planning

PRESIDENT’S MESSAGE The past two years as your Chapter President has been very interesting and challenging. First, the continued economic recession put a major strain on budgets and many of our members were impacted with job cuts and job changes. The relevance and effectiveness of the work that we do has been, and continues to be, questioned and challenged with the most significant change to Florida’s Growth Management Laws since their inception in 1975. The challenge for us was how should we respond to the changes being proposed to Growth Management over the past two years. I believe it was critical that we be heard with any hope of having some influence in the change that was inevitable. Among the options, the Chapter’s Executive Committee chose to work within the political process to provide recommendations and a professional planning perspective. As a result, we continue to be viewed as the voice of professional planners in the state.

It is indeed a time for our profession to discover opportunities to talk about the relevance of the work that we do and show how planning is important in the lives of people we serve and the communities we work in.

The successful and desirable places and communities around the state didn’t just happen, they were planned. We must continue to practice good planning for Florida’s future. As APA President Mitch Silver tells us, “planning is the only profession that looks at the long term consequences of today’s actions or inaction.”

With this backdrop, your Executive Committee (EC) held its biennial retreat in May to set the future course for the Chapter with the development of strategic objectives and work tasks for the 2013 Strategic Operation Plan (SOP). The EC was successful in developing a SOP to recommend to the membership that contains fewer strategic objectives and tasks than previous years, making it easier to work with and measure success. The 2013 SOP contains 18 objectives and 37 tasks; a reduction of 9 objectives and 68 tasks from the previous SOP. The General Operational Tasks that were included in previous Chapter SOPs will be incorporated into an updated Chapter Operations & Procedures Manual. The recommended 2013 SOP is aligned with the Chapter’s mission and goals, as well as the National APA 2012-2013 Strategic Plan.

One new initiative in the 2013 SOP is the creation of a Young Planners Group within the Chapter to provide a platform and opportunities for young, emerging professional planners to build relationships, develop professionally, and contribute to the overall success of the Chapter. The energy, enthusiasm and talents of emerging planning professionals stand out as our most encouraging asset in planning for the future of planning for Florida. It is critical that we focus attention and provide specific help for young planners to build their careers and succeed.

Another new initiative is the expansion of the Chapter’s Great Places in Florida - Great Public Spaces Award to allow for public nominations of Great Public Spaces and facilitate a process for popular selection of a “people’s choice” among the nominated places. This will provide an excellent opportunity to strengthen a relationship with both the Florida League of Cities and the Florida Association of Counties, as well as generate a broader popular interest in planning and planning principles through the nomination and voting process.

A newly formed Sustainability Committee within the Chapter has been meeting regularly to develop a mission and objectives to guide the committee in enhancing the functions and services provided by the Chapter. There are several of the strategic tasks within the SOP that this committee will focus on. The overall mission of this committee is to promote the integration of sustainability principles into planning policy and practice through relevant education and outreach. Look for more to come from the work of this committee.

I want to take the opportunity to thank all of APA Florida’s members for giving me the opportunity to serve as your Chapter President for the past two years.

It has truly been an honor and a pleasure to serve this organization as its President and to work with such a great group of professionals who tirelessly volunteer their valuable time and talents to make APA Florida a success and work for its members. I have constantly said that the success and health of APA is its members, which is evident within APA Florida and the outstanding programs and activities provided to our members.

In particular, I want to thank members of the Executive Committee who have worked especially hard during the past two years to provide a balanced budget with relevant programs and activities to meet the needs of the broadest number of members possible. Members of the Legislative Policy Committee were especially challenged with the numerous legislative changes that were proposed. Our annual conferences continue to experience success thanks to the hard work of conference committee members. There are numerous others who have worked to serve the planning profession in Florida.

I also want to thank the candidates who have volunteered to be nominated for an APA Florida Board position for the next two years. This year’s election slate includes a great group of well qualified candidates for every position. I encourage you to read their qualifications and position statements and vote for the candidate of your choice.

Finally, I want to thank the Chapter’s staff, Alex, Ricki, and Lester, whose experience, hard work, expertise, dedication and insight truly helps APA Florida succeed. I know that I could not have done my job as Chapter President without their friendship and help. APA Florida is in a good position to deal with whatever future challenges confront the planning profession in Florida. Florida needs planning today more than ever. To borrow a quote from Mitch Silver’s remarks at the APA conference in Los Angeles, “you are guardians of the future.”

Merle H. Bishop, FAICP APA Florida President

Summer 2012 / Florida Planning 3

[CONNECTING HEALTH] AND THE BUILT ENVIRONMENT

continued from cover page

Planners’ Roundtable To kick off the health and built environment theme, a Planners’ Roundtable was held on February 24, 2012 to explore the role of planning and design at the communitywide, neighborhood, and site scales in improving public health and promoting healthy lifestyles. This event featured presentations by three local and national experts and a moderated discussion among the participants, and included an overview of public health trends and issues (e.g., child obesity) as they relate to community planning and design.

public health issues, including the potential influence of community design on school performance.

Active Design Guidelines

The presentations involved: • Overview of the findings of the Miami-Dade County Community Health Card Report and a description of the impact of street design on health outcomes.

• Review of a new approach to address public health through comprehensive plans, drawing on national case studies conducted by planners at Wallace Roberts and Todd such as the “Imagine Austin Comprehensive Plan” to show how to bring together the planning, design, and public health professions to foster healthy communities; and “Green City Clean Waters”, a Philadelphia program for green infrastructure systems which adapt streets, roofs, and asphalt school yards for water management.

Imagine Austin Comprehensive Plan by WRT. Courtesy of the City of Austin and WRT

• Description of Miami-Dade County’s ongoing implementation of the County’s Park Access and Equity Strategy, an innovative plan to improve local park service at the neighborhood scale by expanding access and removing obstacles to accessibility at existing parks.

The lunch event attracted public and private sector planners, public health professionals, and elected officials.

City Year Miami On April 6, 2012, representatives from the Gold Coast Section and the Consortium for a Healthier Miami-Dade’s Health and Built Environment Committee were invited to present at the City Year Miami Civic Leadership Conference held at the Miami Science Museum. The conference’s goal was to educate City Year Corps Members on topics related to the environment and community sustainability, and to provide exposure to different actions individuals have done to mobilize civic efforts around these topics. The presenters described the relationship between the built environment and

4 Summer 2012 / Florida Planning

This summer, the Gold Coast Section and the Miami Chapter of the American Institute of Architects will co-sponsor a presentation of NYC’s Active Design Guidelines. The presentation will specifically highlight how the guidelines were adapted in the design for Miami Dade College’s Student Support Center in Downtown Miami for LEED certification. Under the LEED Innovation in Design credits, a category for design elements not included in the standard LEED checklist, the Active Design Guidelines authors created a pilot credit for promoting physical activity in building design. The credit provides a menu of thirty different elements which may be incorporated into a building’s design, of which at least nineteen must be met to earn the LEED innovation credit.

The Miami Dade College Student Support Center incorporates a monumental 3-story stair at the building’s entrance and tucks the elevator core towards the back of the building. The building also includes a fitness center on the top floor, a permanent art collection within the stairwell, and adjacency to outdoor recreation space for children and adults. The event will include a panel discussion by the building’s architect, Zyscovich Architects, as well as the authors of the NYC model and will be followed by a building tour.

Pop-Up Park Building on existing national initiatives such as New York City’s Playstreets Program, the Gold Coast Section will be implementing a Pop-Up Park project, which was developed as a tool to help combat the childhood obesity epidemic in Miami Dade County. Pop-up parks allow neighborhoods to open up vacant and underutilized land to residents for play and recreational activities on a recurrent basis. It is a quick and low-cost way to create active play space for Miami-Dade’s most important at-risk population: children.

The intent of this hands-on project is to: • Promote physical activity in a community that has limited access to quality parks and recreational programs. continued on next page

[CONNECTING HEALTH] AND THE BUILT ENVIRONMENT

continued from previous page

• Provide arts and cultural programming in an underserved community.

• Encourage the community to create permanent park and recreation facilities.

The relationships between the built environment and health are complex and many directions are left to explore. The Gold Coast’s 2012 program of activities leverages the recent upsurge of interest in health issues in planning and design, and challenges our members to acquire practical skills in this growing area to more effectively serve the communities in which we work and live.

Karen D. Hamilton is the Gold Coast Section Chair and Regional Planner at the South Florida Regional Planning Council. Karen can be reached at khamilton@sfrpc.com. Melissa Hege, AICP LEED AP is Past Chair of the Gold Coast Section and Project Manager at Zyscovich Architects in Miami. She can be reached at mhege@zyscovich.com with questions regarding the Miami Dade College Student Support Center. Silvia Vargas, AICP, LEED AP is Vice Chair of the Gold Coast Section and a Senior Associate at Wallace Roberts & Todd in Miami.

Example of pop-up park in downtown Miami.

She can be reached at svargas@cg.wrtdesign.com for questions regarding Imagine Austin Comprehensive Plan.

The 2012 Annual Business Meeting will be held at the Waldorf Astoria in Naples on September 12th from 5:30 pm – 6:30 pm At this meeting, members will be asked to VOTE on the 2013 Budget, the 2013 Strategic Operational Plan, and the 2013 Legislative Program and Position Statements.

The agenda and the materials to be voted on are posted on the Chapter website at www.floridaplanning.org. Please take the time to review them before September.

For those members who are unable to attend the annual meeting but who wish to vote on these items, a proxy system has been created. This proxy system form allows you to decide whether you want to REGISTER YOUR VOTE IN ADVANCE and submit it to the Chapter Office for use at the annual meeting OR DELEGATE YOUR VOTE to another member who will be attending the annual meeting if you are unable to participate. A proxy voting form, which may be reproduced, can be downloaded from APA Florida’s website at www.floridaplanning.org.

There are two important requirements when using the proxy voting form: 1) Mailed proxies must be received at the Chapter Office by 5:00 pm, August 31th to ensure timely receipt and transfer to Naples; 2) all proxies, whether mailed or hand-carried, must be verified by the APA Florida Secretary or Executive Director so please completely and legibly fill out all required fields on the proxy.

If you have any questions, please contact the Chapter Office at 850-201-3272 or fapa@floridaplanning.org.

Summer 2012 / Florida Planning 5

By Michael R. Boswell II, AICP, Tammy L. Seale, and Adrienne I. Greve

Climate action plans (CAPs) are strategic policy instruments that cities and counties across the United States are using to establish how they will address the challenge of climate change. everyday choices that affect the combustion of fossil fuels, such as how Although these plans principally address how a community will reduce energy is used and how people move throughout communities, decisions greenhouse gas (GHG) emissions, primarily caused by the burning of that are often directly or indirectly affected by land use patterns and fossil fuels, CAPs increasingly focus on how to prepare for the impacts of resource availability. climate change, referred to as climate adaptation. Approximately 160 U.S. This method embodies a practical approach to planning for two reasons. communities have adopted a stand-alone CAP based on a GHG inventory, First, the quantification of current emissions and the establishment of and about the same number have a climate action plan currently in progress. a future emissions reduction target create a clear, measurable goal for A total of 1,054 communities around the country have signed the Mayors planning. Second, the quantification of emissions reduction strategies Climate Protection Agreement (http://www.usmayors.org/climateprotection/ (for example, determining the GHG emissions reduction resulting from a agreement.htm), which commits them to adopting a plan to reduce GHG community’s implementation of a bike-share program) allows a community emissions. In Florida, only a few communities have adopted communityto determine precisely what must be done in wide CAPs, but 78 Florida communities have Figure 1: order to reach the target. signed the Mayors Agreement. Many of these Example of GHG Reduction Co-Benefits communities have undertaken programs to Planning for Adapting to Climate reduce their GHG emissions and prepare for Change Impacts climate change but have not organized their In addition to reducing GHG emissions, some strategies under a community-wide CAP. communities also address how they will adapt to Therefore, there is a strong foundation for changes in the climate that may directly impact climate action planning in Florida communities. the community. Communities that want to include The methods and tools for preparing CAPs climate adaption in their CAPs must conduct have matured and a robust best practice has a vulnerability assessment, which includes emerged. In our book, Local Climate Action identifying the forecasted regional changes to Planning (Island Press 2012), we document the climate and determining the community the state of practice and provide communities assets that will be affected by these changes. with a framework for preparing CAPs. Although For example, a community affected by sea-level many communities are undertaking a wide array rise may need to consider infrastructure located of activities to address climate change, we in low-lying coastal areas. The vulnerability believe that a CAP represents a strong approach Source: PMC 2012 assessment would then be used to develop for developing and implementing policy. In appropriate adaptive policies. addition, many communities have discovered that preparing CAPs creates a potential to discuss other “good planning” How to Get Started principles in their communities, often referred to as co-benefits (see Figure We recommend seven actions for a community considering climate action 1). For example, a community may choose to facilitate residential energy planning. efficiency upgrades to reduce energy consumption and ultimately GHG emissions. These actions will also produce benefits to homeowners, such 1. Establish community commitment: Planners should look to as lower utility bills and increased comfort in the house. Another example secure a formal commitment from elected officials to move is the promotion of bicycling for transportation, which has co-benefits of forward with climate action planning. This can include such reduced traffic congestion, better air quality, and improved personal health. actions as passing a resolution, joining ICLEI, and signing We believe that climate action planning is good planning that can provide the Mayors Climate Protection Agreement. an array of benefits to a community when done well.

2. Build community partnerships: Planners should look to Planning for Reducing GHG Emissions The typical contents of a CAP are an inventory of the greenhouse gas emissions a community is releasing into the atmosphere, a forecast of emissions that considers growth expectations, a set of targets delineating the community’s desired GHG emissions reductions, and a set of actions the community will take to achieve the targets. (Refer to Figure 2 for an example of GHG emissions by sector.) GHG emissions are related to

6 Summer 2012 / Florida Planning

build partnerships with community organizations that can provide information, resources, or expertise in the planning process. These organizations may include local colleges and universities, environmental groups, business associations, and neighboring communities. A community advisory committee could be formed to guide preparation of the CAP in collaboration with staff.

[CLIMATE ACTION PLANNING] IS GOOD PLANNING

continued from previous page

3. Establish the role of the plan: Planners should determine the purpose or role of the plan, especially as it relates to other community plans, particularly the comprehensive plan. Some communities choose to create a CAP that is a broad, visionary document intended to inspire or guide future action. Many communities create CAPs with detailed implementation mechanisms that coordinate with capital improvement plans, zoning codes, comprehensive plans, and/ or economic development strategies.

Figure 2: Example of GHG Emissions by Sector

4. Assemble a Climate Action Team (CAT): Planners should organize jurisdiction staff into an internal team that can support CAP preparation and implementation. A CAT usually comprises representatives from such departments as planning and building, public works, engineering, natural resources, administration, and transportation.

5. Consider the logistics of plan development: Planners should answer questions such as: What is the planning time frame?

How much will it cost to prepare the CAP and how will it be paid for? What expertise is needed and will external help be necessary? Who will lead the planning effort?

6. Establish a public education and outreach program: Planners should develop a strategy as to how the public will be included in the process. Given the contentious nature of climate change in some communities, aspects of education, communication, and collaboration will need to be carefully planned.

7. Audit existing community policies and programs: Planners need to determine and then celebrate all the good things the community is already doing. A policy audit assists in identifying gaps in existing policy and helps a community take credit for ongoing successes in reducing GHG emissions and preparing for climate change.

Source: PMC 2012 Michael R. Boswell, II, PhD, AICP, is a Professor of City and Regional Planning at California Polytechnic State University. He is a co-author of Local Climate Action Planning. Dr. Boswell received his master’s and doctorate degrees in Urban & Regional Planning from Florida State University and previously worked for Brevard County, East Central Florida Regional Planning Council, and the Florida Department of Environmental Protection.

Tammy L. Seale is the Managing Director for Sustainability and Climate Change Services at PMC, a municipal services consulting firm based in California. Ms. Seale is a co-author of Local Climate Action Planning and a frequent speaker on the topic.

Ms. Seale received her master’s degree in Urban & Regional Planning from Florida State University.

You may contact the authors online: http://climateactionplanning.com/ or http://www.pmcworld.com.

Recommended Resources for Getting Started American Planning Association. 2008. Policy Guide on Planning and Climate Change. Washington, D.C.: American Planning Association. http://www.planning.org/policy/guides/pdf/climatechange.pdf.

Boswell, Michael R., Adrienne I. Greve, and Tammy L. Seale. 2012. Local Climate Action Planning. Washington, D.C.: Island Press. http:// www.islandpress.org/ip/books/book/islandpress/L/bo8070543.html.

California Air Resources Board, California Climate Action Registry, ICLEI-Local Governments for Sustainability, and The Climate Registry.

2010. Local Government Operations Protocol: For the Quantification and Reporting of Greenhouse Gas Emissions Inventories, Version 1.1.

Sacramento: California Air Resources Board. http://www.theclimateregistry.org/resources/protocols/local-government-operations-protocol/.

Center for Research on Environmental Decisions. 2009. The Psychology of Climate Change Communication: A Guide for Scientists, Journalists, Educators, Political Aides, and the Interested Public. New York: Center for Research on Environmental Decisions. http://guide.cred.columbia. edu/index.html.

ICLEI-Local Governments for Sustainability. 2006. U.S. Mayors’ Climate Protection Agreement: Climate Action Handbook. Oakland, CA: ICLEI. http://www.iclei.org/documents/USA/documents/CCP/Climate_Action_Handbook-0906.pdf.

Summer 2012 / Florida Planning 7

Sector Plans After Florida’s 2011 Community Planning Act David L. Powell & Gary K. Hunter, Jr. For a longer version of this article, go to http://bity.ly/MKiIp2

Florida’s new sector planning law is a tool for local governments and landowners to use for collaborative long-term conservation, development and agriculture planning on a landscape scale, for individual landholdings or multiple parcels. Based on 13 years of experience under a 1998 pilot program, which resulted in sector plans being adopted in four communities, the Legislature in 2011 converted the pilot program into a generally available planning tool with important new features.

Lawmakers retained the basic structure of the program with two layers of planning – a master plan to set the long-term vision for the entire planning area and a minimum of two detailed plans to authorize actual development of smaller components – but added stronger planning standards in each layer. They also authorized pre-existing large-area plans meeting certain criteria to be converted into sector plans governed by the new law under a special conversion process.

There are significant changes from the pilot program to emphasize that a sector plan is intended to create and implement a long-term vision for a large land area over an extended period. For example, the projected population for the master plan -- and therefore the master plan itself -- may be aspirational in nature.

The statute prescribes seven required components of a long-term master plan. These components must address regionally significant natural systems, adequate water supplies, regional transportation facilities, other public facilities like water and wastewater treatment, requirements for urban form, intergovernmental coordination and mapping of areas for urban, conservation, agricultural and other land uses.

This last component includes one of the more significant policy innovations by requiring the master plan to include a map that “provides the general framework for the development pattern in developed areas with graphic illustrations based on a hierarchy of places and functional placemaking components.”

The Department of Economic Opportunity (DEO), the new state land planning agency, has agreed to convert three large-area plans – in Hendry,

8 Summer 2012 / Florida Planning

Nassau and Osceola counties -- into sector plans, based on their consistency with planning standards in the new law. These plans thus provide clues to how this new “graphic representation” requirement may be implemented. In Osceola, the Northeast District Conceptual Master Plan featured a six-map series that delineated different land use patterns and showed detailed street systems. In contrast, the East Nassau Community Planning Area in Nassau County included more general mapping. Other forms of “graphic illustrations” -- such as artist’s renderings of various urban place-making components -- also seem within the intent of the new law.

A detailed specific area plan (DSAP) is the second layer of planning. It includes nine required components. Under the new law, a DSAP still must be a minimum 1,000 acres but may be approved as a local development order and need not demonstrate “a functional relationship between a full range of land uses.”

The master plan must identify regionally significant natural resources and lands identified for permanent preservation must be subject to conservation easements in a phased manner consistent with phased development of the planning area.

An important change in the new law is increased coordination of transportation and water supply planning in relation to land use by making the master plan a driver for regional transportation and water supply planning by metropolitan planning organizations and water management districts, respectively. The new law retains the exemption from DRI review for DSAPs but adds down-planning and down-zoning protection for DSAPs. It also includes new authorization for development agreements in the sector planning program.

Master plans are still subject to full-scale compliance review by DEO. While a DSAP is no longer subject to a compliance review by the state, DEO has new authority to challenge a DSAP before the Florida Land and Water Adjudicatory Commission on grounds that it is not consistent with the adopted master plan. In addition, third parties may challenge an

[SECTOR PLANS] AFTER FL’S 2011 COMMUNITY PLANNING ACT

continued from previous page

SECTOR PLAN SNAP SHOT PRE-EXISTING SECTOR PLANS: adopted master plan or a DSAP in circuit court on grounds that it is not consistent with the comprehensive plan.

As of this writing, new sector plans have begun or are under discussion in only a few communities. The perceived slow utilization of this new tool actually reflects the cautious approach of both local governments and landowners as well as the doldrums of Florida’s real estate market. As market conditions improve and familiarity with the benefits of sector planning become more apparent, local governments and owners of large-acreage landholdings can be expected to take advantage of this dynamic planning tool for individual landholdings or multiple parcels.

David L. Powell is a shareholder in the Tallahassee law firm of Hopping Green & Sams and a graduate of the Florida State University College of Law. He represents landowners and others in matters relating to land use planning, growth management and facility siting and has assisted clients on a number of large-area plans. He is an adjunct professor of law at Florida State University. He can be reached at davidp@hgslaw.com

Gary K. Hunter, Jr. is a shareholder in the Tallahassee law firm of Hopping Green & Sams where he has practiced law since 1992 following graduation from the University of Georgia College of Law. Mr. Hunter’s practice focuses on largearea planning and other forms of land use entitlements, land use and property rights litigation and representation of client interests before the Florida Legislature and Executive Branch agencies. He can be reached at garyh@hgslaw.com.

Horizons West (Orange Co) - 21,000 acres • 40,974 dus, 10.3 million sf non-res • 6 DSAPs Clear Springs (Bartow) - 17,466 acres • 11,016 dus, 28.7 million sf non-res • 1 DSAP West Bay (Bay Co) - 72,500 acres • 27,631 dus, 37.9 million sf non-res • 2 DSAPs Mid-West (Escambia Co) - 16,000 acres • 23,000 dus, 12.2 million sf non-res • 2 DSAPs

Conversions: NE District (Osceola Co) - 19, 140 acres • 29,320 dus • 10.5 million sf non-res East Nassau Community Plan - 22,675 acres • 24,00 dus • 11 million sf non-res Rodina (Hendry Co) - 25,832 acres • 21,000 dus • 4.35 million sf non-res

POTENTIAL CONVERSIONS: Bluehead - (Highlands CO) 50,000 acres • 30,000 dus. 11-million sf non-res Farmton - (Volusia/Brevard Cos) 58,000 acres • 25,406 dus, 5.95 million sf non-res Fellsmere - 18,387 acres • 19,750 du, 8-million sf non-res

POTENTIAL NEW SECTOR PLANS: Hendry - several, including Alico Lake County - 16,200 acres Alachua Co - Plum Creek - 65,000 acres Washington & Bay Co’s - Knight Family - 55,000 acres Source: Florida Department of Economic Opportunity

Summer 2012 / Florida Planning 9

CHARTING A NEW COURSE Are you ready to join hundreds of your friends, and fellow planners as we “Chart a New Course”? The 2012 APA Florida host committee is looking forward to welcoming you to Naples. Join us as we explore the great places in our state – and learn new ways to make them even better places to live, work, play and plan.

CHARTING A NEW COURSE will take us on a planner’s journey to places like Punta Gorda, Tarpon Springs, Miami, and other established and growing communities throughout the state. The journey will take us to the heart of Florida’s rural communities like Immokalee – right here in Collier County. Discover how planners are leading our communities as they showcase innovations in technology, communications, and planning practice. We know you will discover new skills, new tools, and new ideas you can use in your own community.

While we are at it, let’s visit new places and meet new friends. On Thursday, enjoy, “Evening of Arts and Music at the Phil” at one of Southwest Florida’s premier centers for entertainment and the arts. Friday, enjoy an, “Evening on Fifth Avenue,” where you will be able to spend the evening shopping, dining and relaxing in Naples’ vibrant and walkable downtown.

Helping guide our journey will be experienced planners and others including APA President Mitchell Silver, communications expert Robin Rather, leading land use policy analyst Samuel Staley, community development planner and engineer Charles Marohn, and urban designer and new urbanist planner Jeff Speck.

On Saturday, Jeff Speck will lead an interactive community planning workshop with the Naples’ Bayshore community. You will have an opportunity to learn about innovative community development strategies from one of our profession’s preeminent urban designers and new urbanist planners. You will also have a unique chance to shape the future of this community - as it becomes a future gateway to the City of Naples.

Join us as we all Chart a New Course together in Naples and beyond.

cast your ballot today!

2012 APA Florida Election Slate

It is time to cast your ballot for new officers! This year, for the second time, we are using APA’s electronic ballot system and hope that this will make it easier for you to vote. View the candidate position statements at www.floridaplanning.org. Please make sure you review them before voting! To vote, go to http://survey.planning.org/flelection2012.htm. You will need your APA membership number to log in. ALL BALLOTS MUST BE CAST NO LATER THAN MONDAY, AUGUST 27, 2012. Only members in good standing will be allowed to vote. Should you have any questions or problems accessing the ballot webpage, please contact Lynn Jorgenson at LJorgenson@planning.org.

President Elect

Pat Blackshear, FAICP Michael Delk, AICP Melissa Zornitta, AICP

VP-Section Affairs

Wiatt Bowers, AICP Tony LaColla, AICP

Treasurer

Andre Anderson, AICP Kevin Tyjeski, AICP

VP-Professional Development

Allara Gutcher, AICP Debra Hempel, AICP

Secretary

Cherie Bryant, AICP Lorraine Duffy-Suarez, AICP

VP-Certification Maintenance

Henry Bittaker, AICP Curt Ostrodka, AICP

VP-Membership Services

Laura Everitt, AICP Mindy Heath, AICP

VP-Conference Services

Chanda Bennett, AICP Kathie Ebaugh, AICP

10 Summer 2012 / Florida Planning

nd Water a ning Plan Land Use erg By: Scott Rothb ate Student UF MURP Gradu

2009, the program faced a devastating two-year freeze on funding.

Long-term regional conservation planning is not only about the land. Water Conciliatory planning for water is Florida’s lifeblood. It is the flow of that life and land in Florida is within reach. 2012 nurturing requirement in Florida that has been a topic of politicization has been a productive year for regional for nearly 100 years. conservation planning. Yet hurdles and conflicts Planners can look back to the 1920’s fear of water and the remarkable are prevalent. Florida’s necessity to conserve attempts to relegate its flow. At that time, tropical storms had a upland ecotypes, to mitigate freshwater demands from tendency to splinter into short-term focuses on local affairs and elicit development and economic interests, and to strategically plan for attention to regional issues, including climate change on coastal cities will all the channelization of water, flooding, dictate the resiliency of Florida in the next and stagnancy after disaster. A century eight years. forward and planners face a rope burning Florida is a biodiversity rich land of from both ends. Planners are correcting water. Inland and coastal dependencies water management mistakes of the past, on water are attributed to flat topography, and planning for a population of 22.6 abundant rainfall, and the netdown of million by 2020. water in uplands that actively recharge the The previous decade is marked by system. The structure and composition of contention over water flow between these features at different times of business, residential, and environmental the year influence the infinite variability health demands. Florida’s 8.2 billion in ecosystems and the wildlife that can gallons/day usage in 2010 is approaching be supported. projections of 9.1 billion gallons/day Since the early 1980’s by 2020. From the Okefenokee Swamp researchers at the University of Florida to the Everglades, regulation of sheet have collaborated on a regional scale flow must be supported if we wish to planning strategy to assist in land and replenish water resources before we Figure 1. Florida Ecological Greenway Network water resource management. In 2003 the deplete them further.

Florida Ecological Greenway Network This year may provide the force to (FEGN) was designed by Dr. Thomas advance past the hurdles and move forward with regional conservation Hoctor to represent the strategic ranking of critical linkages in the planning. The Wetland Reserve Enhancement Program received $17 landscape. Designed in conjunction with the Florida Statewide million nationwide for wetland protection, restoration, and enhancement Greenways Plan and the Florida Forever Program, this resource is (USDA, Natural Resources Conservation Services 2012). The program now available for reference to regional and local governments and supports cost-share restoration in 2012-2013 for high-priority areas and for private landowners online at the Florida Geographic Data Library opportunities to participate as monitoring locations.

(Center of Landscape Conservation Planning).

Senate Bill 1813, Section 1701 includes federal Land and Water For multiple years this resource provided projections for the Conservation Funding for the “…fiscal years of 2012 and 2014 Florida legislature to consolidate funding to acquire critical areas by $700,000,000 of amounts covered into the fund.” purchase and by conservation easement (Kautz et al. 2006). Recent A rational nexus exists for land and water conservation before appropriation of funding from the Florida Forever Program is listed in 2020. Mitigation of human growth and the spread of our influence on F.S. 259.105(3). Under it, the Division of State Lands receives 35% biodiversity conservation have the ability to correct the negative pattern. of net funds, Water Management Districts are at 30%, and Florida Cooperation and collaboration of Florida’s stakeholders will continue to Communities Trust is at 21%, documenting funding dependencies for support long-term planning decisions in Florida. these agencies.

Scott Rothberg is a graduate student in the MURP department at the University Activists lobby that the financial support of the program is down of Florida. His graduate work is in landscape ecology, and wildlife corridor and from the roughly $300 million received in the early 2000’s. And after reserve design. Expected Graduation is 2013.

Summer 2012 / Florida Planning 11

Achieving

Public-Private Partnerships:

Orange County’s Horizon West Experience

by Heather E.G. Brownlie, Esq., AICP

How can planners insure the road network in their jurisdiction will not be out-paced by development?

Horizon West Global Road Network Map

12 Summer 2012 / Florida Planning

While this concern dates back to the 1985 Growth Management Act, planners today face many more challenges answering that question.

Capital funding cuts are everywhere, revenues are down, and grant programs may not be as available. Recent statutory changes promote use of sector plans for long-term planning at a regional scale, and the Horizon West experience can be insightful for other jurisdictions considering this option. A key element to meeting these challenges is still public-private partnership projects, especially for large greenfield areas planned for new development over time, but these partnerships can be difficult to execute for large projects and land tracts developing over a period of decades, particularly when many property owners are involved.

In Orange County’s 23,000-acre Horizon West sector planning area, Orange County, Florida, has implemented a series of public-private partnership agreements to provide for the Horizon West road network.

Horizon West is comprised of five Villages and a Town Center, each with its own Specific Area Plan (SAP) delineating the type of future development planned. First approved in 1995, Horizon West is primarily former citrus groves lacking significant infrastructure of any kind. With each Village approved for 7,000 to 10,000 dwelling units and expected to have 18,000 to 26,000 residents, Orange County faced a daunting challenge that made these partnerships essential.

A public-private partnership agreement brings together government agencies with private sector landowners and developers to work toward a common goal, a mutually beneficial road network. Orange County’s high growth rate over the past two decades meant the County had extensive experience negotiating road network agreements for individual Planned Development projects or for multiple property owners along one roadway corridor. Horizon West’s scale presented new challenges, especially in mediating between property owners who were concerned about equity and the perception that “the first developer in” pays a disproportionate share of the road network costs. For Horizon West, planned as mixed-use, self-sustaining Villages, any delay in development from this concern would challenge the planning area’s Smart Growth principles.

In 1998, Orange County established a Roadway Agreement Committee (RAC) to review and negotiate terms for roadway agreements. The RAC, which meets twice monthly, is comprised of County staff members representing many facets of County government including Public Works Engineering, Traffic Engineering, Transportation Planning, Development Engineering, Real Estate Management, Growth Management, and Planning. Once the terms of each agreement have been confirmed, the agreement is presented to the Board of County Commissioners for review and approval. James E. Harrison, Esq., P.E., AICP has been the Chairman of the Roadway Agreement Committee since its inception in 1998. Mr. Harrison notes, “This committee has brought an important level of transparency and consistency to partnership agreement negotiations in Orange County.”

The anticipated build-out of Horizon West required the RAC to consider a host of related agreements, as a number of roadway improvements are needed for the future completion of three Horizon West Villages: Town Center East, Village F and Village H. These property owners approached Orange County requesting a “master agreement” to address the needs of all three Villages, resulting in the Horizon West Global Road Term Sheet. This was the beginning of three years of negotiations to create the final version, which the Orange County Board of County Commissioners approved on September 20, 2011.

The Horizon West Global Road Term Sheet parameters set forth the completion schedule for a road construction program at phased intervals within each Village, with road network construction tied to specific development thresholds. The Developers agreed to take on the responsibility for all levels of road construction from the dedication of rights-of-way to engineering and design, permitting and construction. In

[ACHIEVING] PUBLIC-PRIVATE PARTNERSHIPS

continued from previous page

return for these contributions, developers receive specific percentages of road impact fee credits and trip specific concurrency rights, based on predetermined development factors. The Horizon West Global Road Term Sheet provides for specific roadway improvements to be completed when they are needed, based on development trip generation thresholds, to insure that infrastructure is in place to ensure roadway capacity. Each Village’s ability to develop is based on their corresponding contribution at each phased interval.

The benefits to Orange County to enter into the Horizon West Global Road Term Sheet included: • Ensuring appropriate planning and timing of necessary road improvements • Providing a mechanism for road construction in advance of County ability to do so • Creating a network of spine roads to be in place as development of the area is built out over decades • Providing increased multi-modal connectivity and road capacity for Horizon West residents and the region • Avoiding extensive staff time spent in negotiating individual agreements by starting with a Master Agreement Term Sheet • Expediting development review time for individual projects, while ensuring that the County’s interests are protected

Horizon West Timeline

These benefits already have become apparent, as the Board of County Commissioners approved a Town Center East Road Network Agreement on December 6, 2011, based on the Horizon West Global Road Term Sheet, and design work is underway for the three road projects in this agreement. New Independence Parkway, one of three roads being constructed as part of the Town Center East Boulevard project, will connect the Village of Bridgewater’s Independence Neighborhood to

SR 429 (Western Beltway) providing regional access to this project, intended to serve as a major employment and commercial center. This new access benefits current residents and businesses of Southwest Orange County, while providing access to Walt Disney World, downtown Orlando, and many activity centers, an important asset for attracting new businesses and residents to the community.

The Horizon West Global Road Term Sheet specifically provides for individual road agreements for Village F, Village H and the Town Center East neighborhoods, but is also a template that other Village property owner groups in Horizon West could use to enter into similar road agreements, as the need arises. Through the negotiation of public-private partnership roadway agreements, such as the Horizon West Global Road Term Sheet and the Town Center East Road Network Agreement, Orange County is mapping the future of its road network infrastructure in advance of development build-out, ensuring Horizon West’s residents are served by high-quality and multi-modal facilities and avoiding expensive legal fees and development delays for Horizon West development mitigation.

Sector Plans represent a long-term buildout plan for a specific area, often a greenfield area that requires extensive infrastructure development. Flexibility of tools to address changing market conditions and development needs, along with a strong sense of the project’s regional context, promote Horizon West and other large-scale projects’ long term success. Other Florida cities and counties can benefit from similar public-private partnership arrangements to provide a mechanism for future road construction and multi-modal transportation networks, particularly in light of the limited funding Florida’s communities now have to meet these needs.

Heather Brownlie, AICP is a Transportation Planner III with Orange County and can be reached at Heather.Brownlie@ocfl.net.

1993

Horizon West Inc. formed a public/private partnership with Orange County

1995

Framework policies were adopted within the Orange County Comprehension Plan Lakeside Village, SAP, Village Development Code adopted

1997 Adequate Public Facilities (APF) and Transfer of Development Rights (TDR) ordinances adopted 1999

Village of Bridgewater SAP adopted

2004

Town Center SAP adopted Village F SAP adopted

2006 Village H SAP adopted 2008

Village I SAP adopted Horizon West Global Team Sheet approved by BCC

2011 Town Center East Road Network Agreement approved by BCC

Summer 2012 / Florida Planning 13

LEAVING A LEGACY...

In Remembrance...

John DeGrove, FAICP By: Nancy Stroud, AICP

The life and accomplishments of Dr. John DeGrove were memorialized June 4, 2012 at the University of Florida among family and friends.

Three Florida Governors, Florida legislators and state officials spanning decades, former students and employees, professional colleagues and admirers joined to celebrate John’s “incurable optimism” and his lasting influence. He was a fifth generation Floridian and raised during the Depression as a country boy from Palm Valley, who fought in World War II and received a Silver Star for gallantry. He followed an early interest in the history of Florida land management to receive a Masters in Political Science from Emory University and a PhD in Political Science from the University of North Carolina. His PhD thesis was on the predecessor to the South Florida Water Management District, the Central and Southern Florida Flood Control District. He applied his interest in political science and public administration to planning issues early on, participating on planning boards in Gainesville and Boca Raton, and in local and regional planning efforts in South Florida. But his lasting legacy was as the “Father of Growth Management” beginning in the 1970s as Florida struggled with rapid growth, and through the new century as the state emerged as an important bell weather state.

Many Florida planners are well aware of John’s long list of accomplishments. They span decades - from President Lyndon Johnson’s Commission on Urban Problems, advisor to Governor Askew and Governor Graham in the creation of and implementation of the state’s land and water management laws, member of the South Florida Water Management District, member of the Constitutional Revision Commission, Department of Community Affairs Secretary, co-founder of 1000 Friends of Florida, scholar and master of applied research. John “preached” about growth management nationally and influenced the evolution of modern planning in several states. He easily moved among the most powerful to the most humble, as an amiable, witty and forceful personality, with a mission to be sure that people understood the importance of protecting the environment while creating economically healthy communities.

14 Summer 2012 / Florida Planning

As Bob Graham reminded us at the service, John never viewed Florida as a commodity to be bought and sold, but instead was a stalwart protector of the “real” Florida. He never was a proponent of no growth, but was an effective advocate for managed growth as good for people, the environment and the economy. He had a healthy skepticism of developers, but was able to find common ground and charm many into following a larger vision for sustainable growth. He fought for affordable housing, land preservation purchases, water resource management, and governance systems that protected regional and state interests. He was a “clear-eyed” optimist, convinced that people and governments had the ability to do the right thing despite themselves.

John embraced life and people as part of his positive, optimistic spirit.

Like many planners and public administrators throughout Florida, I was taken under John’s big wings as a young professional and the course of my life was changed. Those fortunate to be mentored by him knew that he would always offer encouragement, guidance and assistance. It was well accepted that once you worked for John, you always worked for John in some way, as he was a loyal friend and compatriot. His folksy southernisms (“How are you darling? I’m fine as frog’s hair”) were as genuine a part of him as his keen intelligence and indomitable spirit. Most of all, John taught me that leadership is important, that individuals can and should make a contribution to their communities, and should never give up trying. He was a living example of that.

Nancy Stroud, AICP is a Partner with the law firm of Lewis, Stroud & Deutsch, P.L. and is a member of the APA Florida Legislative Policy Committee. She can be reached at nstroud@lsdlaw.net . To read other memories of Dr. DeGrove, go to http://1000fof.org/.

Over the past few months, Florida lost three individuals whose insights, determination and work shaped our planning environment.

In Remembrance...

In Remembrance...

Julia Ann trevarthen

Professor Charles HAAR

On April 11, 2012, I lost Julia Ann Trevarthen, a trusted colleague and friend to her battle with cancer.

Professor Emeritus Charles M. Haar of the Harvard Law School, whose pioneering and visionary work in land use law and planning influenced planning reform in Florida and many other jurisdictions, died in Miami on January 10, 2012, at the age of 91.

By: Bob Cambric

I first met Julia when I worked for the Apalachee Regional Planning Council and she South Florida. I can’t recall the topic our respective bosses wanted us to discuss, but I do remember being immediately impressed by Julia’s keen planning knowledge, wit, and compassion and concern for how planning policy and implementation affected all people, especially the disenfranchised.

Over the years, Julia and I worked together on numerous projects (Century Commission’s Water Summit, Coastal High Hazard Study Committee, and Intergovernmental Coordination Element Technical Committee, to name a few). She always awed me with her ingenuity, grace under pressure, and omnipresent smile and concomitant wicked laugh. Whenever we connected, whether in person or by telephone, discussing planning and policy or personal aspects of our lives, I always left knowing more.

In 1995, when the State of Florida elected to replace the Development of Regional Impact Program with revised requirements for the Intergovernmental Coordination Element, Julia (South Florida RPC) was tasked with developing a model for urban communities, and I the rural model (Apalachee). The revised requirements, like an episode of the Food Channel’s “Chopped”, culled seemingly incompatible ingredients with a limited timeline for preparation. While I and others contemplated Spam cupcakes, Julia’s talents envisioned beef wellington.

Julia was born in Louisville, KY, in 1960 and moved with her family to Boca Raton, FL, in 1972. She graduated from St. Andrews School in 1978.

She had wide ranging interests, as evidenced by her degree in music theory/performing voice from FSU, her career as an Interior Designer, and latest incarnation as an Urban Planner.

She was a Planner for the City of Carrboro, NC, a Planner/DRI Coordinator/Assistant Director/Director of the Institute for Community Collaboration for the South Florida Regional Planning Council, and most recently, the Director of Planning and Zoning and Development continued on page 16

By: Tom Pelham, AICP

Recognized nationally and internationally for his scholarship and public service, Haar had ties to Florida where he maintained a home on Key Biscayne.

Charles Haar believed in the power of planning and law to improve our communities and the human condition. He demonstrated that belief in his rich legacy of work as an academic, public servant, lawyer, and planner. His interests and work spanned a broad range of issues, including local planning reform, regionalism, urban development and revitalization, housing, new communities, equity in planning, the role of the courts, and the environment.

A member of the Harvard law faculty since 1952, Haar was an influential scholar and prolific author who was instrumental in making land use law a recognized field of study in the nation’s law schools. He was the author of the first land use law text book, Land- Use Planning: A Casebook on the Use, Misuse, and Reuse of Urban Land (1959).

Subsequently, Professor Michael Wolf of the University Of Florida College Of Law became a co-author of the book.

Of special relevance to Florida, Haar was an early advocate for an enhanced role for planning and the local comprehensive plan. For example, in his seminal articles, In Accordance with a Comprehensive Plan, 68 Harv. L. Rev.1154 (1955), and The Master Plan: An Impermanent Constitution, 20 Law and Contemporary Probs., 353 (1955), he recommended that state planning and zoning enabling acts be amended to require adoption of a legally binding comprehensive plan—“a land use constitution”-- with which zoning and other land use regulations must be “consistent”. As all good Florida land use planners and lawyers know, the Florida Legislature adopted Haar’s recommendation in the state’s 1985 Growth Management Act. continued on page 16

Summer 2012 / Florida Planning 15

[LEAVING] A LEGACY

continued from previous page

Julia Ann Trevarthen continued from page 15

Professor Emeritus Charles M. Haar continued from page 15

for her hometown, the City of Boca Raton, FL. A strong advocate for planning in the South Florida region, she received a master’s degree in City and Regional Planning from the University of North Carolina at Chapel Hill in 1991, and was a member of the American Institute of Certified Planners. Julia also devoted time and her expertise to the Florida Chapter of the American Planning Association, serving on numerous capacities including the Legislative Committee.

She discovered her interest in planning through serving as a Librarian and Research Assistant for Dr. John M. DeGrove’s FAU-FIU Joint Center for Environmental and Urban Problems in the mid 1980s.

Julia’s gifts as a planner and friend were born of and inextricably linked to her soul, her creative roots. Her interest in music and theater remained with her throughout her life. As a child, she performed in church and school choirs, and in theatrical performances with her sister and father at the Delray Beach Playhouse and at school. She performed with her sister Susan in the Florida Philharmonic Chorus and its successor, the Master Chorale of South Florida, from the time of her return to Florida in 1993, until she finally became too weak to perform. She was a leader in the Master Chorale, a valued member of its Board of Directors and Steering Committee and co-managed the box office.

Julia also loved cats, including her most recent misanthropic rescue kitty Snickers and was a passionate reader. She shared her interests in quilting and community service with her mother Patricia.

She served as a Board Member of the Gold Coast Quilters Guild in Boca Raton, an organization co-founded by Patricia in 1985 and was a sustainer member of the Junior League of Boca Raton.

While I can’t pickup the telephone and ring her anymore to ask her opinion, I instead ask myself “W.W.J.D.”: what would Julia do?

She left an indelible imprint and the answer will always be there.

These two articles, particularly In Accordance with a Comprehensive Plan, are among the articles most frequently cited by state courts around the nation in land use cases. In Florida the Supreme Court cited this article in its landmark decision in Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993) which held that the consistency requirement had converted most local rezonings from legislative to quasi-judicial actions. In the foundational case of Machado v. Musgrove, 519 So.2d 629 (Fla. 3rd DCA 1978), the lower appellate court endorsed Haar’s concept of the local comprehensive plan as a constitution for land use.

Professor Haar’s extensive public service was highlighted by his role in the establishment of the federal Department of Housing and Urban Development (HUD). He was appointed by President Lyndon Johnson to chair a commission on the formation of a housing department. After Congress created HUD, Haar became the first Assistant Secretary for Metropolitan Development in the new agency.

During his tenure he participated in the drafting of the Demonstration and Model Cities Act of 1966, Title IV of the Housing and Urban development Act of 1968 (New Communities), and the Section 236 Affordable Housing Guarantee Program.

Another signature achievement was Haar’s role in cleaning up the pollution-plagued Boston Harbor. As a court-appointed special master, he crafted a regional solution that became the basis of the Court’s enforcement actions. He chronicled this experience in his book, Mastering Boston Harbor: Courts, Dolphins, & Imperiled Waters (2005). I will always remember that when he gave me a copy the book, Professor Haar pointed me to the famous Hogarth cartoon that graces the title page. The cartoon depicts the gutting of a large fish that is engorged with small fish. “Big fish eat little fish,” Haar said with a smile. For me it was symbolic of the compassion and empathy for the less powerful and the disadvantaged that is reflected in his work.

After Professor Haar assumed emeritus status at Harvard, he taught as a Distinguished Visiting Professor at the University of Miami Law School for a decade. He assisted Frank Schnidman and others in organizing the Law School’s graduate program in real property development. I especially enjoyed those years because I got to visit Professor Haar much more often.

During his more than five decades of teaching, Professor Haar was a teacher, mentor, and friend to thousands of students. I was fortunate to be in that number. In the 1970s, inspired in part by my reading of Haar’s cutting edge planning articles, I enrolled in the Harvard Law School’s LL.M. program, hoping to have the opportunity to meet and work with him. I took his course in Land Use Planning and was ecstatic when he agreed to be my LL.M. thesis advisor. He not only mentored me through that project, but encouraged and inspired me to expand it into a book about Florida’s planning programs. More important, he became my life long friend. I will miss Professor Haar, but along with all other land use planners and lawyers, I will continue to benefit from and be inspired by his tremendous legacy.

Bob Cambric is the Director of Policy and Planning for the South Florida Regional Planning Council.

REGISTRATION IS NOW OPEN FOR THE 2012 APA FLORIDA ANNUAL CONFERENCE. For more information or to register, visit www.floridaplanning.org.

CONSIDER BEING A SPONSOR Sponsorships still available for the 2012 Annual Conference, visit www.floridaplanning.org for more information or to sign up.

16 Summer 2012 / Florida Planning

Tom Pelham, AICP, is the former Secretary of the Department of Community Affairs and a past President of APA Florida Chapter.

PLANNERS ON THE MOVE Dodie Glas, AICP, was recently named a partner at Gentile Glas Holloway O’Mahoney & Associates, Inc. Since completing her master’s work as a Growth Management Fellow at Florida Atlantic University, she has worked in both the public and private sectors in comprehensive planning, current planning, design and development.

Melissa Zornitta, AICP, was recently promoted to the position of Assistant Executive Director of the Hillsborough County City-County Planning Commission. She has worked at the Planning Commission for over a decade and also serves on the APA Florida Executive Committee.

Christopher Dawson, AICP was recently promoted to Senior Transportation Planner for Alachua County, having previously served as a Planner for the county.

Jeff Hays, also with Alachua County, was promoted to Transportation Planning Manager.

Marta Viciedo, a student at Florida Atlantic University, was elected to serve as the Region 3 Representative to the APA Student Representatives Council (SRC). The SRC works as a team throughout the year to plan and support student activities.

Littlejohn Engineering Associates announces three key additions to their Orlando office. All three were leaders in the Planning, Landscape Architectural and Environmental firm of Glatting Jackson, which is now known as AECOM. Brent Lacy, AICP will serve as Director of Transportation Planning. Brent has over 35 years experience in all facets of traffic and transportation planning from site traffic impact analysis and downtown parking studies to new town development analysis and environmental impact statement preparation.

Jay Hood, RLA will serve as Director of Landscape Architecture. Jay was Principal Director of Landscape Architecture-Orlando at AECOM with over 25 years experience on a number of signature public and private projects across the country.

Bruce Hall, RLA will serve as Senior Landscape Architectural Project Manager. Bruce has over 23 years experience specializing in parks, multi-use trails, streetscapes and master planning for private planned communities and resorts.

HONORED IN LOS ANGELES! Florida planners and projects were honored recently at the APA Annual Conference in Los Angeles.

Six APA Florida members were inducted into the College of Fellows. Fellows of AICP are honored in recognition of the achievements of the planner as an individual, elevating the Fellow before the public and the profession as a model planner who has made significant contributions to planning and society.

Fellowship is granted to planners who have been members of AICP and have achieved excellence in professional practice, teaching and mentoring, research, public and community service, and leadership.

Honored this year were Charlie Gauthier, Tom Pelham, Whit Blanton, Pat Blackshear, Bill Spikowski and Victor Dover. Congratulations!

Each year APA also honors the best planning efforts and individuals that create communities of lasting value. This year the Florida Statewide Regional Evacuation Study Program was given the Award for Best Practices in Hazard Mitigation and Disaster Planning. The primary purpose of the Florida Statewide Regional Evacuation Study Program was to map future evacuation strategies while incorporating traffic, housing, and other community improvements. The study enabled projection estimates for evacuation times and shelter demands by region and county. The program resulted in an evacuation study for each one of Florida’s 11 regions that is unique to that particular region.

Additionally, Florida included other natural disasters in the study crucial to its region with the ability to analyze hazards such as wildfires and inland flooding. Kudos to Florida’s Regional Councils for their outstanding work!

Finally Innovation Square (Gainesville, Florida), was the 2012 recipient of the Donald E. Hunter Excellence in Economic Development Planning Award, given by the APA Economic Development Division. The award submittal was co-sponsored by four of the project’s major stakeholders — the University of Florida, Shands at UF, City of Gainesville, and the Gainesville Community Redevelopment Agency — and the urban design and planning consultant, Perkins+Will.

Innovation Square, located between the University of Florida campus and Downtown Gainesville, is a planned mixed-use research neighborhood that is being developed with overwhelming community support and stakeholder collaboration.

This urban redevelopment project is expected to transform twelve underutilized blocks in Midtown Gainesville into a mixed-use urban research neighborhood that advances the national and global profile of the city’s largest employer — the University of Florida with its medical center, Shands Hospital at UF — and the growing local biotech industry. To learn more about Innovation Square, visit http://innovationsquare.ufl.edu/.

Congratulations to all and best of luck in your new positions!

Summer 2012 / Florida Planning 17

LAND USE & PLANNING: Law Case Update by: David Theriaque, Esq. Kash N’ Karry Food Stores, Inc. v. City of Temple Terrace, 19 Fla. L. Weekly Supp. 425a (Fla. 13th Cir. Ct. Feb. 27, 2012 This case involves a certiorari challenge to a denial of an application to add package liquor sales at a site adjacent to a grocery store that was already authorized to sell package beer and wine. The Circuit Court quashed (overturned) the City’s denial, focusing upon three issues.

First, the Court noted that the City Council did not act as an impartial tribunal. Rather, comments by a majority of the City Council members indicated that they had a predisposition against the application.

Secondly, the Court determined that the City Council members “accorded themselves great discretion to avoid applying the published criteria of City ordinances.” The Court held that the City Council members essentially ignored the requirements of the City’s code and decided “what they thought was a best use” on a case-by-case basis – which, in this instance, was not a package store. Thus, the Court concluded that the City Council departed from the essential requirements of law.

Lastly, the Court determined that the testimony of the opponents did not constitute competent substantial evidence: A layman’s opinions and speculations unsubstantiated by facts are not competent evidence. Lay witnesses may offer their views in land use cases about matters not requiring expert testimony, such as natural beauty, but not on issues requiring expertise, such as unfavorable impacts of a proposed use. Lay testimony that a proposed use is different from the existing use cannot be used to infer there will be adverse impacts. There must be evidence other than lay witnesses’ opinions to support such claims. There has to be proof in the record of the alleged adverse impacts.

(Citations omitted). Thus, the Court concluded that there was no competent substantial evidence in the record to support the City’s decision.

This decision does a nice job of describing the burdens on the respective parties in a quasi-judicial hearing and what constitutes competent substantial evidence. It is worth taking the time to read this case.

Dougherty v. City of Miami, 19 Fla. L. Weekly Supp 343a (Fla. 15th Cir. Ct. Jan. 13, 2012) This case involves an eight-year journey with three trips to the Circuit Court and the Third District Court of Appeal regarding a decision of the City’s Planning and Zoning Board (“Zoning Board”) to approve a special permit for a 135-foot, 14-floor, 98-unit residential building. The neighbors appealed such decision to the City Commission, which reversed the Zoning Board’s approval.

One of the issues during the multiple certiorari proceedings was whether the City Commission was required to review the appeal of the Zoning Board’s decision based upon a limited appellate review of the record created before the Zoning Board or based upon a de novo review. In “round two” of the litigation, the Third District determined that the City Commission was required to perform a limited appellate review of the record created before the Zoning Board. In “round three,” the Third District concluded that the City Commission had once again performed a de novo review rather than a limited appellate review because it had either: (a) considered new evidence that was not part of the record before the Zoning Board; or (b) had rejected evidence upon which the Zoning Board had relied, without any basis. The Court concluded “[i]f we were able to direct the City Commission to affirm the Zoning Board’s determination, the result which would have occurred but for the City Commission’s erroneous de novo review almost eight years ago, we would do so.” (Please note that an appellate court cannot direct a local government to take a certain action in a certiorari case – rather, the court can only affirm or quash (overturn) the decision below with directions that the local government shall take action consistent with the appellate court’s decision).

This case reaffirms the necessity of a city commission or county commission, when addressing an appeal from its planning commission, to ensure that it applies the proper standard of review.

Martin County Conservation Alliance v. Martin County, 73 So. 3d 856 (Fla. 1st DCA 2011) -- UPDATE. This case involves the imposition of sanctions against Martin County Conservation Alliance (“MCCA”) and 1000 Friends of Florida (“1000 Friends”) by the First District Court of Appeal. The First District concluded that, while MCCA and 1000 Friends had a legal right to challenge certain amendments to Martin County’s comprehensive plan in an administrative hearing, they did not have the legal standing to appeal the Final Order approving such amendments. Thus, the First District determined that MCCA and 1000 Friends had filed a meritless appeal and ordered MCCA and 1000 Friends to pay the attorneys’ fees incurred by the other parties.

On May 11, 2012, the Florida Supreme Court granted the request by MCCA and 1000 Friends to hear this case. The Court has determined that it will not need Oral Argument to decide this case.

Due to the potential chilling effect of this decision on citizens who seek to exercise their legal rights under the Community Planning Act, APA Florida has requested that the Florida Supreme Court allow APA Florida to file an Amicus Curiae (“friend of the court”) Brief in support of the efforts of MCCA and 1000 Friends to overturn the First District’s imposition of sanctions against MCCA and 1000 Friends. APA Florida’s request is currently pending before the Court.

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

18 Summer 2012 / Florida Planning

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Summer 2012 / Florida Planning 19

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[UPCOMING] EVENTS JULY 10 - 11, 2012: Summit on Long-Term Disaster Recovery Jacksonville. This is a FREE event open to anyone who is interested in learning more about long-term recovery but specifically geared towards planners, emergency mangers, local and state government officials as well as non-profit and private sector organizations involved in long-term recovery. Contact Matt Preston at matt.preston@deo.myflorida.com or (850) 717 8507 for more information.

JULY 18-20, 2012: 26th Annual Environmental Permitting Summer School Marco Island. The Annual Environmental Permitting Summer School is the Florida Chamber’s largest short course and is attended by approximately 800 Attorneys, Consultants, Engineers, State and Local Government Officials, Developers, Land Owners and many others with a strong interest in environmental permitting in Florida. Contact Linda Long at LLong@floridaenet.com.

JULY 27, 2012: Sustainable EnergY 2012 Pensacola. This one-day workshop will consist of technical presentations by leading industry experts from across all sectors, and the Exhibitor Showcase area will feature the latest exhibitions in energy technologies, resource-efficient products, and service providers. Contact annac@gulfcoastenergynetwork. org or (850) 855-9850 for more information.

AUGUST 8, 2012: Adaptive Planning for Coastal Change Legal Issues for Local Government Tallahassee. This workshop is designed especially for local government planners and attorneys and will also benefit local government administrators, staff, and elected officials. Please direct questions to: Thomas Ruppert, Coastal Planning Specialist, Florida Sea Grant,at 352-392-5870 or truppert@ufl. edu; or Rosalyn Kilcollins, Coastal Training Prog.Coord., Apalachicola NERR at 850-670-7708 or Rosalyn. kilcollins@dep.state.fl.us.

SEPTEMBER 12, 2012: APA Florida Executive Committee Meeting Naples. The APA Florida Executive Committee will hold its next meeting from 10:00 a.m 1:00 p.m. on September 12th at the Waldorf Astoria in Naples. Please contact the Chapter Office for details at 850-201-3272 or fapa@floridaplanning.org.

SEPTEMBER 12-15, 2012: 2012 APA FLORIDA ANNUAL CONFERENCE Naples. Register now and make plans to attend this outstanding conference - Charting A New Course!

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