FLORIDA PLANNING A Publication of the Florida Chapter of the American Planning Association
Summer 2013
www.floridaplanning.org
THE CURRENT STATE OF FLORIDA’S ECONOMY:
WHEN WILL IT RECOVER? By: Todd DeLong, AICP and Owen Beitsch, FAICP
Florida’s Governor Scott proclaimed an objective of creating 700,000 jobs in seven years. Since 2010, more than 320,000 new jobs have become available with the pace speeding up during the last 12 months when 140,000 jobs were added. For approximately 20 consecutive months, there have been net gains in the state’s job counts. As of March 2013, Florida’s jobless rate stood at 7.5%, well below the March 2012 rate of 8.9% and below the national rate of 7.6%. Still, there remains debate about the quality of these jobs and the materiality of the unemployment rate as a key measure of stability. Because Florida’s economy is so heavily dependent upon the development industry, its trends are carefully monitored. In 2012, there were 8,500 construction jobs added, a small net gain which should continue because the field was so decimated. The professional and business services sector is also showing recovery continued on page 4
ALSO IN THIS ISSUE
5
Make Plans to Attend the Annual Business Meeting
5
2013 Conference Registration NOW OPEN
OTHER FEATURES
6
Economics and the Health of Your Community
7 15 Projects are Blooming Around the State
Florida Strategic Plan for Economic Development
BYLAWS BALLOT ENCLOSED PLEASE VOTE!
President’s Message - p.3 In Memoriam - p. 14 Section Happenings - p. 16 Law Case Update - p. 17 Legislative Session Overview - 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
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
Dean Mimms, AICP
352-393-8688
mimmsdl@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 Summer 2013 / Florida Planning
PRESIDENT’S MESSAGE
I sit down to write this message with a heavy heart. The planning community has just learned of the untimely passing of our good
friend and supporter Jim Quinn. I first met Jim as a young planner at DCA. Jim was slightly older than I and a heck of a lot more seasoned. He found it in his schedule and heart to be a mentor, friend and helped me to “keep it between the ditches”. There are many stories like that out there as Jim’s gentle soul touched so many of us! Marty, Jim’s wife, was APA Florida’s first accountant in the “modern era” and retired from us several years ago –please keep Marty and their daughter Alison in your thoughts and prayers.
This issue of Florida Planning focuses on economic development, a timely topic for these trying times.
This issue of Florida Planning focuses on economic development, a timely topic for these trying times. It seems that throughout
my planning career in Florida the forces of economic development and the forces of planning have, too often, been at odds with each other. In hindsight this was a colossal waste of time, energy and political capital. That is not to say that either side was always correct – they weren’t! Just because you put a job creation label on a bad idea does not make it a good idea. And we planners were, shockingly, not always right! The point is that there should not have been two sides in the first place.
The economic health of our communities has always been one of the hallmarks of planning that is just as important as and
often dependent on the whole host of issues we planners have to deal with. To help emphasize this I find compelling an article that appeared in a 2007 issue of Planning magazine by Jeremy Goldstein, AICP entitled, Planner as City Physician: A New Explanation of Our Profession. In this article Mr. Goldstein argues, in part:
“How can you define a field whose tasks range from development review to long-range visioning, in fields as various as environment,
transportation, economic development, housing, urban design, and more? This professional diversity is not unique, however.
Medicine, too, has a wide array of fields, from primary care to cardiology to neurosurgery.
Despite this diversity, the practice of medicine can be generalized into two
fundamental tasks: prevention and intervention. Doctors attempt to maintain the good health of a patient (in other words, prevention against future negative outcomes), rectify a diagnosed problem (intervention), or some combination of both prevention and intervention to improve a patient’s outcome.
The same is true in planning. Our work is done to maintain the good health of a
community, or to diagnose a particular problem and provide practical solutions.”
A healthy community has all of its systems in balance, including economic
opportunities and job creation. So let us embrace the mission, as planner-physicians, of holistic planning to advance the future of our communities and Florida. Reach out to our economic development colleagues and plan together!
Brian Teeple, AICP APA Florida President
Summer 2013 / Florida Planning 3
[FLORIDA] STRATEGIC PLAN
continued from cover page
and, on a percentage basis, will be the state’s second largest growth sector behind construction according to UCF’s Institute for Competiveness. Since March 2012, about 25,000 jobs have been added to this sector. Leisure and hospitality services led gains over the last year adding more than 40,000 workers. So far, government services employment, which was relatively low compared to other states, isn’t showing signs of a recovery but will virtually be forced to add jobs as the state’s population counts move upward. Paralleling the demise of the construction industry, Florida’s housing market has been among the most stressed in the nation. Indications are that activity in the existing home market is now stabilizing. As of April 2013 over 30,000 total housing permits were issued, approximately onehalf of the total issued in 2012. Additionally, trends influenced nationwide by the continuing low interest rates and the flood of national and international investment capital, much of it from South America where the exchange rates make real estate purchases especially appealing. Inventories of existing homes are now at an historical low, prompting the Florida real estate community to pursue the supply of planned and improved lots in many regional settings to support new construction. The Case-Shiller Index, for example, lists Marion, Bay, and Indian River counties as among the country’s fifteen most attractive housing markets over the next seven years. Pricing of existing homes is well below that of pre-recession values but there is no longer any debate that achievable prices are well above the floor. Over the past year the median sales price has increased by about $13,000. New construction activity is emerging in response to both the velocity of existing home sales and the basic demands of population growth. At the rate of population gains and household formations which will occur as conditions normalize, the pace of housing construction will be well behind latent needs. In May 2013 Standard & Poor’s reported the nation’s state governments are generally showing unexpectedly strong gains its various receipts. Florida is one of seven states with no income tax so its financial fortunes ebb and flow with the sales tax. Consequently, little is more indicative of Florida’s economic confidence than its budget which has been strained for several years due to declines in sales tax revenue. The 2013-2014 budget is set at a record $74 billion, up from approximately $70 billion in 20122013. The budget had approached this high only once previously (20062007) before Florida experienced the full impact of the recession. In the course of the coming five to six years, Florida will eclipse New York as the 3rd largest state, adding some 9,000,000 people in about 30 years. Half of Florida’s built environment has been experienced in the last three decades. By 2020, as the state is securely in the 3rd position, it will have added 11,000,000 people since 1980. This pace of growth is phenomenal, averaging about 1.51% from 1990-2030, well above the rate of the nation and materially higher than either California or Texas, now the number one and two largest states.
4 Summer 2013 / Florida Planning
Characteristically, the metropolitan (MSA) and consolidated metropolitan areas (CMSA) have dominated the state’s growth and several rank among the nation’s largest. Orlando would normally not make this list but the data has been altered to include the uninterrupted commercial development extending from Tampa to Daytona. This area represents 23 counties, effectively the full I-4 corridor, and an area comparable in size to those carrying the official CMSA designation. The corridor occupies a top ranking, not only in Florida, but nationally. Collectively, these eleven regions comprise about one-third of the nation’s total population. Despite its reputation as a state with a low tax burden, the state’s population growth has not been matched by its growth in individual incomes. Florida compares poorly with many other states in terms of personal income. It does however have an extremely low cost of living primarily because of its modest housing prices which offset some of the income differential. Again, despite its tax structure, Florida is not proportionately represented among the Fortune 500 (2012) although its 16 headquarters position it well among all the Sunbelt states except Texas. As a point of reference Ohio, a much older industrialized state with significantly less population, claims more than 25 Fortune 500 concerns. Overall, Florida is well positioned to bypass the lackluster recovery of the U.S. By the end of this year, Florida should overcome recent trends of lagging the U.S. economy and once again outpace the nation’s growth. Owen Beitsch, PhD, FAICP, CRE is a Senior Principal at Real Estate Research Consultants, Inc.and can be reached at omb@rercinc.com . Todd DeLong, AICP is a Senior Associate at Real Estate Research Consultants, Inc. and can be reached at tedlong@rercinc.com.
MAKE PLANS TO ATTEND THE
ANNUAL BUSINESS MEETING IN SEPTEMBER! The 2013 Annual Business Meeting will be held at the Rosen Centre Hotel in Orlando on September 10th from 5:30 pm – 6:30 pm. At this meeting, members will be asked to vote on the 2014 Budget, the 2014 Strategic Operations Plan, and the 2014 Legislative Platform and Policies.
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.
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
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 30 to ensure timely receipt and transfer to Orlando; 2) all proxies, whether mailed or handcarried, 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.
REGISTRATION NOW OPEN! 2013 Annual Conference “Planners Have an App for That” Rosen Centre Hotel, Orlando September 10-13, 2013 Early Registration ends August 2nd and Regular Registration ends August 22nd. Save money by registering online and early! Go to www.floridaplanning.org/conference to register and view the program. HOTEL RESERVATIONS AT THE ROSEN CENTRE MUST BE MADE BY 5:00 PM EST ON AUGUST 16TH. • $129 per night (up to 2 persons). * 3rd or more persons in a double room (maximum of four adults per room) is subject to an additional $20 per person per night charge. • Discounted self-parking - $6/per day • On-line reservations may be made at the following website: http://booking.ihotelier.com/istay/istayjsp?groupID =980024&hotelID=2018 • Direct reservations may also be made by calling 800-204-7234 and mention that you are with APA Florida Chapter to receive the special group rate.
Summer 2013 / Florida Planning 5
ECONOMICS AND THE HEALTH OF YOUR COMMUNITY By: Richard Perez, AICP
The popular saying, “health is wealth” may sound cliché but it holds truth especially when referring to the economics of a healthy community. as the nation’s economic recovery speeds up we cannot forget that how healthy, or unhealthy, our communities are has financial implications. The trend line continues to point in the wrong direction for adults considered to be obese across the nation. Currently, the national obesity rate among adults is 35.7% which means about 1 in 3 adults are obese. It is further projected by the Robert Wood Foundation to rise up to 44% by 2030. According to the Harvard School of Public Health, the US dramatically outspends other industrialized nations on obesity related expenses because of the prevalence among all age groups and both genders. Preventing and treating obesity will reduce this growing medical expenditure related to this epidemic. The fact that our quality of life is diminished when our residents are increasingly suffering from chronic health problems is something that community planners must take seriously. In 2011, the Gallup Institute ranked the LakelandWinter Haven Metro Area the 7th most obese MSA in the nation with an estimated annual cost of $279 million resulting from obesity-related diseases. The negative image cast upon our communities alone may make it more difficult to attract desirable employers and industries that create high skill, high wage jobs and the educated workforce to fill them. In terms of the quality of life of communities, healthy productive workers should be considered as important as the quality of housing, the availability of jobs, the quantity of parks, educational attainment, air quality, traffic congestion and crime. If we are in a state of poor
6 Summer 2013 / Florida Planning
health as a community and as individuals our health care costs increase, the number of sick days we take from work increase, and overall we are less productive as a society. Moreover, the greater the cost of chronic health problems we are burdened with, the less disposable income we have to spend in our communities. As a result, community planners in Polk County are taking action and leading the way in many new and broad-based collaborative initiatives. In 2010, Polk County planners adopted comprehensive plan policies to introduce a formal and systemic integration of local public health considerations into the community design and development review processes to protect and enhance the health of their citizens. Additionally, the County formed a partnership with the 17 local governments called Livable Polk Initiative to look at best practices for planning and development. The initiative launched an awards program to acknowledge planning projects that incorporate healthy design in 2012 and formed a group of planners to study healthy community design initiatives throughout the country to make recommendations to improve the physical environment. In May 2013, the City of Lakeland adopted comprehensive planning policies to promote active transportation, public safety for pedestrians and bicyclists, community gardens, aging-in-place, and collaboration with the Health Department and other agencies. The City of
Winter Haven Parks and Recreation planners have joined Lakeland and Polk County planners to take a leading role in the Polk Vision: Building a Healthier Polk Community Health Coalition which includes representatives from many sectors of the community including major hospitals, colleges, and the school board. The concerted effort has the stated goal of reducing the obesity rate in Polk County of 37.6% to the state average of 27.2%. While the efforts to change the current trend have only recently begun and encouraging findings from the 2013 Gallup report show the Lakeland-Winter Haven MSA moving to 10th place, significant work remains to plan and build neighborhoods that encourage healthier, more active lifestyles. Planning policies that enable all people to be more physically active as well as improve access to fresh and affordable healthy foods will complement our improving economy. In other words, what is good for our health is also good for our economy. Richard Perez, AICP is the Senior Planner for the Long Range Planning Division for the City of Lakeland and the Heart of Florida Section Vice Chair. He can be reached at richard.perez@lakelandgov.net. Sources: http://health.usnews.com/health-news/diet-fitness/ slideshows/in-pictures-10-fattest-cities-in-america/8 http://www.reuters.com/assets/ print?aid=USBRE88H0RA201 20918 http://health.usnews.com/health-news/ articles/2012/03/13/obesity-in-america-10-fattest-cities http://vitals.nbcnews.com/_ news/2012/03/29/10925834-which-are-americasfattest-cities?lite
PROJECTS ARE STIRRING AROUND THE STATE! SEE WHAT IS IN FLORIDA!
BLOOMING Marion County By Natalia Cox
Ocala-Marion County Commerce Center – Marion County has entered into a tri-party development agreement with the City of Ocala and MARION COUNTY Ocala 489, LLC to develop a former dairy farm to accommodate up to four million square feet of new industrial/distribution space to support future job creation. The 489-acre site, located near the junction of I-75 and U.S. Highway 27, is being designed to encourage value-added development that is capable of supporting up to 3,000 new to Marion County jobs. Collectively, the County and the City of Ocala are investing nearly $24 million in new transportation and related infrastructure to support this regional employment center. While still under construction, the community has succeeded in attracting the attention of FedEx Ground Packaging Systems, Inc. who is in the process of acquiring acreage to establish a 380,000 SF regional distribution center at the site. This first project, of several expected to focus on the new Interstate site, will create an estimated 165 direct and 200 indirect new to Florida jobs. Construction of the FedEx packaging center is slated to begin in 2014 with an estimated completion date of 2016. Ashley Farms – A successor developer, Ocala 624 Land Development, LLC, has acquired the planned large scale retirement community located in northwestern Marion County on US Hwy 27, ±1.5 miles west of I-75. Initial construction, including a one MGD water treatment plant, and infrastructure for ±60 homes with a 6 unit model center was completed by WCI Communities, Inc. but later “mothballed” with the economic downturn. The new developer obtained approval to revise the project in 2012, increasing the project from 1,400 to 1,700 residential units and replacing an incomplete golf course with a new “Central Park” focused design featuring community and recreational amenities and open spaces to include community walking and fitness trails. The Major Site Plan for the Central Park is undergoing development review with approval anticipated by June 2013 with construction beginning in July 2013. Homes sales marketing is expected to begin early Fall with new home starts beginning in the New Year. Wal-Mart Supercenter (Silver Springs Shores) – Walmart, Inc. is completing construction on its 6th Supercenter facility in Marion County. Located in the “town center” area of the Silver Springs Shores community in SE Marion County, construction of the new ±197,000 SF facility was delayed with the economic downturn after obtaining Major Site Plan approval in 2008. With the improving economic conditions, a renewed Major Site Plan was approved in May 2012, with full Building Permit approval following in October 2012. Construction is proceeding with an opening expected late Summer/early Fall in anticipation of the holiday season. Natalia Cox is a Planner II with the Marion County Growth Services and she can be reached at Natalia.Cox@ marioncountyfl.org . Special thanks to Rick Michael (Marion County Economic Development) and Chris Rison (Growth Services/ Planning & Zoning) for providing information for this article.
Summer 2013 / Florida Planning 7
Things are BLOOMING!
Marion County
Broward County
NorthPort
St. Pete Beach
Longboat Key
Promised Lands
BROWARD County By Scarlet Hammons, AICP
BROWARD COUNTY
Fort-Lauderdale-Hollywood International Airport South Runway Expansion Project – It has been one year since Broward County held its Groundbreaking Ceremony for the South Runway Expansion Project at Fort Lauderdale-Hollywood International Airport (FLL). The dignitaries, VIP’s, and elected officials who helped celebrate the beginning of one of the most significant projects in the United States are working on new challenges while the Runway Project continues at full speed.
There have been many significant developments since last January for one of the most important construction projects in the state of Florida and the Country. The Runway Expansion Project has seen an increased amount of construction throughout every aspect of the Program. Once completed, FLL will offer a second commercial runway that will stretch 8,000 feet parallel to Griffin Road and will extend eastward over U.S. Highway 1 and the Florida East Coast Rail line. Motorists, trains, and pedestrians will pass under the new runway through a series of tunnels. The Project is expected to create 11,000 temporary jobs and generate up to a $1.4 billion in economic activity in the region. Here is a look at some of the significant accomplishments reached by the Construction Teams and the Broward County Aviation Department since construction began. By the Numbers: • Nearly 30 percent of embankment needed for the Project is in place • Approximately 1,903,872 million of 6,538,407 million cubic yards of embankment have been hauled to the site of the new South Runway • In January 2013, the cumulative production per month of embankment is estimated at 2.8 million cubic yards • 1,781 of 2,664 pre-cast concrete piles have been installed; 67 percent complete • 893 trees have been relocated from Perimeter Road and U.S. 1 (East) to areas within a five mile radius of FLL • 15.9 acres of invasive plant species removed • Total Mechanically Stabilized Earth (MSE) Wall installed: 93,662.40 square feet of 323,500 square feet; 29 percent complete • Runway Pile Production: 1,125 linear feet of 1,676 linear feet; 67 percent complete • Taxiway Pile Production: 412 linear feet of 999 linear ft.; 41.24 percent complete • Total piles driven to date: 1,537 linear feet of 2,675 • Preparation for closure of Runway 13-31 in May 2013 • South entrance to the Airport at the intersection of Griffin and Perimeter Roads closed for underground utility installation and construction activity Once completed, the new South Runway will substantially reduce delays and increase capacity at Fort Lauderdale-Hollywood International Airport by approximately 50 percent. With two parallel commercial runways, the Airport will be able to accommodate approximately 450,000 landings and takeoffs annually. This year, the construction activity associated with the South Runway, will infuse approximately one million dollars a day into the region. The new South Runway will be renamed 10R-28L and is on schedule to open in September of 2014. (Source: www.broward.org/airport)
8 Summer 2013 / Florida Planning
Leon County
Gold Coast
Brevard County
Things are BLOOMING!
Marion County
Broward County
NorthPort
St. Pete Beach
Longboat Key
Promised Lands
Leon County
Gold Coast
Brevard County
Port Everglades Port Everglades is undergoing monumental capital improvements to handle more international cargo more efficiently, and to provide cruise guests with the ultimate vacation experience. Construction is accounting for 9,000 immediate jobs and will result in 7,000 new permanent jobs locally and 135,000 new jobs statewide. Two of the larger construction projects are detailed below. Port Everglades is continuing to work with the U.S. Army Corps of Engineers to deepen and widen the Port’s navigational channels from 42 feet to 50 feet. The Project calls for deepening and widening the Outer Entrance Channel from an existing 45-foot project depth over a 500-foot channel width to a 57-foot depth with an 800-foot channel width, deepening the Inner Entrance Channel and Main Turning Basin from 42 feet to 50 feet, and widening the channels within the Port to increase the margin of safety for ships transiting to berth. The total cost is estimated to be $320 million, including a $131 million investment by the Port. A preliminary benefit/cost analysis by the U.S. Army Corps of Engineers determined that there will be a $1.56 return for every dollar invested. Widening and deepening the channel at Port Everglades is projected to create 5,862 construction jobs in the near term and 1,491 regional jobs by the year 2027. Construction is substantially complete for a $54 million renovation project to transform four existing cruise terminals -- 2, 19, 21 and 26 -- into modern passenger facilities for more than 30 different Carnival Corporation cruise ships as well as cruise ships from other lines. All terminals allow embarking and debarking guests to be processed simultaneously, and have separate and larger baggage halls, improved ground transportation areas, covered waiting areas outdoors, expanded processing facilities for U.S. Customs and Border Protection, and colorful Florida-inspired artwork. (Source: www.porteverglades.net) Scarlet Hammons, AICP is the Principal Planner with the Broward County Aviation Department – Airport Development. She can be reached at shammons@broward.org.
NORTH PORT By Barbara McKeathon, AICP
In 2006 and 2007, people who had moved lock, stock, and barrel with new hopes and dreams of the adventure of living in a developing community with SARASOTA unlimited possibilities found themselves wondering if COUNTY they had made the right decision. The developers for Heron Creek Town Center, a mixed use development, found their development on indefinite hold. The City was notified that all petitions for the Heron Creek Town Center were pulled until further notice. The Heron Creek DRI with its gated community, mixed housing types, golf course, and town center which had promised Florida bliss was now underdeveloped and residents felt jilted. However, because the developers held on and kept to the ideal of quality, it is one of the first areas to begin a surge of building. We have many inquiries about the uses being permitted in the area and how to ensure a spot in the town center. The developers can’t seem to get the infrastructure in fast enough to accommodate the developers who are interested in locating on this prime piece of real estate. The businesses that were fortunate enough to ride out the downturn are anxious to see the vertical construction begin, but first the roadways are in progress and the landscape is being planned. Calls are coming into the City wondering what new is in store and the only complaint we have to contend with these days for this area is, “How long before completion.” Boy how times have changed. Barbara McKeathon, AICP is a Planner with the City of North Port and can be reached at bmckeathon@cityofnorthport.com.
Summer 2013 / Florida Planning 9
Things are BLOOMING!
Marion County
Broward County
NorthPort
St. Pete Beach
Longboat Key
Promised Lands
St. Pete Beach By Chelsey Welden
Things are heating up in the Sunset Capital of Florida. Named such by former Governor Charlie Crist, the City of St. Pete Beach draws thousands of visitors every year to its white shores. Business was booming PINELLAS COUNTY until the BP oil spill hit the Gulf and the recession hit the nation. One hotel’s story reflects those hard times, but also Tampa Bay’s ultimate triumph. In 2007, the City approved site plans for a 36-room hotel with a restaurant and boat slips. Construction on the project progressed until the outer shell had been finished. But when the economy took a downturn and no work was done for a year, the permits on the property expired. It became overgrown with weeds, the perimeter fence was falling, and it was littered with construction debris. In all, the City was owed almost $200,000 for code violations. But City staff still has hope for the site, as a new developer started to pick up where the old developer left off. In March 2013, new site plans were approved which included such features as a porte-cochere, lush landscaping, and interesting design features. With the help of some variances and extra density awarded by the City, Hotel Zamora is back on track to becoming a beautiful boutique hotel. It’s another beautiful day in the Sunshine State. Chelsey Weldon is an Urban Planner with the City of St. Pete Beach and can be reached at cwelden@mail.usf.edu.
Longboat Key By Alaina Ray, AICP
Longboat Key is looking forward to its first new luxury condominium project in several years. Stalled due to the downturn in the real estate market, the prime beachfront property on Gulf of Mexico Drive MANATEE COUNTY sat vacant on one of the Sun Coast’s most pristine beaches. But now, with buyers looking for modern, upscale properties, the Infinity Condominium project is on the move again. Priced from $2.8 million to $4.95 million each, the 11 luxury condos will boast direct beach access and expansive gulf views. Site Plans have been approved for the five-story building with a coastal-contemporary architectural style and include a clubhouse, fitness center and beachfront pool and spa. Once construction begins, the project should take about one year to complete. This project is one example of the upswing in interest that Longboat Key is experiencing due to renewed confidence in the real estate and tourism markets. Longboat Key’s Planning staff is fielding increased inquiries from developers and property owners who are exploring options for the handful of vacant beachfront properties remaining on the island or are considering renovation of existing condominium and tourist properties. Alaina Ray, AICP, is Town Planner for Longboat Key and can be reached at aray@longboatkey.org.
10 Summer 2013 / Florida Planning
Leon County
Gold Coast
Brevard County
Things are BLOOMING!
Marion County
Broward County
NorthPort
St. Pete Beach
Longboat Key
Promised Lands
Leon County
Gold Coast
Brevard County
signs of recovery in the promised lands section By Alexis Crespo, AICP
Things are definitely looking up in the Promised Lands Section as our area continues along the path to economic recovery. While Southwest Florida was touted by some as the epicenter of the housing market PROMISE crash on both a state and national level, we continue LANDS to see strong signs of job creation, increased housing prices, and general gains in economic development. Some accomplishments of note include Collier County’s receipt of the Governor’s Business Ambassador Award for the fastest annual job growth rate in the state for 2012. While Collier boasted an annual growth rate of 3.4%, Lee County was not far behind with a rate of 2.5%, earning them a tie for second place with Palm Beach County. Another boon to the regional economy publicized in early May is Hertz’ decision to relocate their worldwide headquarters from Park Ridge, N.J. to Estero, Florida, which is located in southern Lee County. The move is anticipated to bring at least 700 high paying jobs at an average $102,000 a year, along with $50 million in construction costs for their 300,000 square-foot complex. From a planning perspective, the project will require an amendment to the underlying Development of Regional Impact and Planned Development zoning district, which the local government and Southwest Florida Regional Planning Council have promised to fast-track. From a development standpoint, Lee County’s monthly newsletter issued by their Department of Community Development boasted strong year-over-year increases in construction permitting. During April 2013 a total of 66 permits for single-family homes were issued, compared to 39 in April 2012, and 65 multi-family permits were pulled compared to 2 in April 2012. Commercial development is also on the rise with general commercial activity valued at $1.2 million in April 2013, compared to $352,000 in April 2012. Alexis Crespo, AICP, LEED AP, is a Principal Planner with Waldrop Engineering. She can be reached at alexisc@waldropengineering.com.
TAllahassee / Leon county By Val Hubbard, FAICP
With a population of approximately 278,000 (370,000 MSA), Tallahassee-Leon County is Florida’s LEON COUNTY capital and home to 3 major institutions of advanced learning: Florida State University (41,300 students), Florida A&M (12,000 students) and Tallahassee Community College (14,400 students). Out of 161,030 jobs in Leon County in 2012, almost a third were in local (7.7%) and state (24.3%) government, including the educational institutions. Most of the other important industry sectors depend heavily on the government economic engine. Tallahassee has enjoyed relative economic stability over the years due to its strong government sector. In spite of the recent decline in government revenues and jobs, Leon County has experienced a lower unemployment rate during the recession than Florida as a whole. While there have been some government layoff , Leon County’s unemployment rate in April 2013 was a relatively low 5.5%, down from approximately 7% in April 2012.
Summer 2013 / Florida Planning 11
Things are BLOOMING!
Marion County
Broward County
NorthPort
St. Pete Beach
Longboat Key
Promised Lands
Nevertheless, the economic downturn has been apparent in Tallahassee’s construction industry. After ranging between 2,000 and 4,000 per year from 1986 through 2007, permits for new residential construction tumbled to 518 in 2010, before rising to 1,228 permits in 2012. Recently, there have been several new student housing starts, with a significant amount of activity occurring along the Gaines Street redevelopment corridor. Gaines Street is a historically gritty, yet artsy area, where start-up small businesses catering to the universities and the artistic community have found lower rent locations and a loyal clientele. A long-awaited road redesign, streetscape and new development codes have generated higher density student residential projects along with some retail. Potential loss of the area’s less polished and very organic and entrepreneurial business and arts community is an ongoing concern as the market improves and rents climb. In other parts of town, the economic recovery is perhaps most apparent in the arrival of several major retailers. Tallahassee’s relatively small market, remote from other major population centers, has limited its attractiveness for some major retailers. The new arrivals are in categories appropriate to the Tallahassee market, which includes an avid outdoor sports culture, as well as the cosmopolitan culture of a university community and state capital. In 2008, Sportsman’s Warehouse located a 70,000 square foot store in Tallahassee, which closed just a year after opening. The site is now undergoing reconstruction as a Bass Pro Shops “outpost” store. In addition, Dick’s Sporting Goods is remodeling a former K-Mart site near Governor’s Square Mall and a brewhouse restaurant is being added to the same center. Tallahassee will also soon welcome two new specialty grocers, Whole Foods and Trader Joe’s, supplementing the community’s choices for upscale food and beverages. It is significant that all the new retailers mentioned above are revitalizing existing shopping center sites. They will also generate new employment, with Bass Pro Shops alone hiring 200 to 300 employees. Val Hubbard, FAICP, LEED-AP, is the Director of Planning Services with Akerman Senterfitt. She can be
reached at valerie.hubbard@akermann.com.
economic recovery in south florida By Lynda Kompelien Westin, AICP
It was tough to be a planner during the height of the Great Recession. Friends lost jobs. Hiring stalled. Talented people relocated. Keeping track of who went where was a common and somber opener at our monthly APA Florida section meetings. Maybe it more suited a happy hour than our usual upbeat monthly Saturday morning brunch meetings. Gradually, though, things have gotten better. Once the staffing shuffle ended, the planners remaining usually stayed around for a while. Occasionally developers called with a new project. Old projects started to surface and get repackaged. And perhaps more significant, out of the Great Recession grew game changing plans and projects, indicating a new mindset for our region: • Florida Housing Development Finance Authority began supporting developments located near transit. GOLD COAST
• The Regional Planning Councils, funded by HUD, began work on the region’s first seven county 50 year prosperity plan. • Connections were built between the FEC Rail Corridor and two local Ports. • The Port of Miami Access Tunnel is nearly complete and a 50-foot dredge project will allow the Port to be ready for the Panama Canal expansion in late 2014.
12 Summer 2013 / Florida Planning
Leon County
Gold Coast
Brevard County
Things are BLOOMING!
Marion County
Broward County
NorthPort
St. Pete Beach
Longboat Key
Promised Lands
Leon County
Gold Coast
Brevard County
• The WAVE streetcar in downtown Fort Lauderdale is about to begin construction. • Florida East Coast Industries created a privately funded intercity rail service from Miami to Orlando. • The Tri-Rail Coastal Link project team members adopted a Memorandum of Understanding mapping a way toward introducing commuter rail on the Florida East Coast railway corridor between Miami and Jupiter. The impact of these projects on South Florida’s economic competitiveness and quality of life is just beginning to be felt. Construction cranes are now seen creating new housing near Metrorail stations. The rail and streetcar investments will profoundly grow and change the South Florida economy. The certainty of a common community vision will create vibrant communities. The rush of the boom, when there were twenty-seven construction cranes on the Miami skyline, has not returned. But growing out of the economic drama is an opportunity for communities to define how they want to grow. The result may be the most rewarding years in a planner’s career. Lynda Kompelien Westin, AICP, is a Transportation Planning Manager, Real Estate, with the South Florida Regional Transportation Authority.
brevard county By Ryan Morrell, AICP
Brevard County is leveraging its aerospace industrial sector and unique federal infrastructure to attract new businesses and expand the presence of an existing employer. Northrop Grumman recently announced plans to open a Manned Aircraft Design BREVARD Center of Excellence in Melbourne. The center will COUNTY expand Northrop Grumman’s current footprint in Melbourne and will add approximately 900 employees to its existing workforce of 1,000 employees. At Kennedy Space Center, NASA is partnering with industry, the State and Brevard County to find innovative ways to repurpose former shuttle facilities and infrastructure for private sector operations and economic growth. United Paradyne Corp. announced it will expand its aerospace propellant operations and research and development activities in a former shuttle facility that was slated for demolition. The building will be licensed to United Paradyne and retrofitted with an estimated capital investment of $9 million over the next four years. And at Cape Canaveral Air Force Station, the Navy and State of Florida recently broke ground on new submarine missile test facility at a former launch complex. Although the Cape is known for space flight, the Navy has a long history at the installation related to submarines and missile systems. The project, known as Strategic Weapons Systems Ashore, will expand the Navy’s presence at the Cape and provide the Navy with a single, land-based facility for testing submarine missile systems. Space Florida, the state aerospace economic development agency, is providing $5 million in capital improvements over three years to rebuild the former launch complex and make use of excess launch facilities at Cape Canaveral. Ryan Morrell, AICP is a Planner at Cape Canaveral Air Force Station. He can be reached at Ryan.Morrell@patrick.af.mil.
Summer 2013 / Florida Planning 13
IN MEMORIAM - James L Quinn APA Florida was very saddened to learn of the unexpected death of James L “Jim” Quinn on June 8, 2013. Jim was born in Ft. Ord, California and lived in many places around the world while his father served in the U.S. Army. He attended the University of Mississippi where he earned two degrees: Bachelor’s in Education and Master’s in Urban and Regional Planning. He was a member of Delta Gamma Chapter of Phi Kappa Tau Fraternity and several honorary organizations. Jim’s first planning job was in the City of Titusville as city planner for two years. He then spent over three decades with the State of Florida in Tallahassee as environmental planner and administrator with the Departments of
Community Affairs and Environmental Protection. Jim spent many years dealing with the issues associated with state Areas of Critical State Concern and particularly with the Florida Keys. His skills as a collaborator, problem-solver and consensus builder served him well in bringing forth solutions that made Florida a better place. All of Florida has benefited from his dedication and staunch support in the long-term interests of Florida. His work in planning and commitment to preservation of wild Florida touches the lives of even those who never met him. Never pretentious, he had a sense of justice and an understanding of the real world. Thankfully, his wisdom was shared with all who knew him. Jim’s knowledge, character and humor led him to become a mentor to many of those around him. He never wavered in his beliefs and inspired those around him to strive to do more to protect Florida. Jim was a gentle soul, who lead with a quiet commitment that was infectious. He
SHARE YOUR TRAVELS WITH APA FLORIDA The Chapter is offering a brand new place for members to communicate and share their planning observations. All professionals tend to look at the world through the lens of their professional training; planners are no different. We go to a new place and immediately start looking at the things we’ve been trained to see, be it transit systems, bike paths, environmental areas and even utility distribution infrastructure. We can’t help ourselves! Our newest section is a Google Blog where members will be able to submit articles about their travels abroad and share their planning observations with their colleagues. We are trying this out with an international focus since APA and Planning Magazine cover the USA very well, but if you’ve seen something really special right here in the USA go ahead and submit. Pictures are encouraged and needed...finally you can justify taking those pictures of interesting buffer areas with a good explanation to your family and friends. See the link below to read a few submissions and give some thought to what you might like to share from your summer vacation! APA Florida Blog: http://floridaplanning.blogspot.com
14 Summer 2013 / Florida Planning
had a smile, an ear to listen with and a piece of chocolate for when you really needed it. Jim served the planning profession and this organization as well for many years. Marty, his wife, served as the APA Florida administrative assistant/bookkeeper for over five years. Jim was always at her side volunteering at the annual conferences; when Marty retired, the two of them continued to volunteer to help as needed. He was also a great friend to the FSU Department of Urban and Regional Planning, serving as a student mentor and helping guide young professionals as they started their careers. Jim is survived by his wife of nearly 42 years, Marty Bearden Quinn of Tallahassee; his daughter Alison Quinn of Atlanta, GA; his mother Renee Lillian Quinn and sister Patricia Blackwell, both of Brookhaven, MS; two brothers-in-law, Tom (Ruth Ann) Bearden of Lone Tree, CO and Rick (Mary Beth) Bearden of Alexandria, VA; one nephew and four nieces. Our lives are far richer, Florida’s future more secure, planning more vital and truly the world is a better place for Jim’s all too short presence on this earth. Jim, our friend, you are missed!
The Florida Strategic Plan for
By Barbara Foster and John Kaliski
ECONOMIC DEVELOPMENT The future for the Sunshine State is brighter than ever as the VISION nation emerges from its most severe recession in post World Florida will have the nation’s top performing War II history. Florida is located in the fastest growing part of economy and be recognized as the world’s best place to live, learn, play, work, and do the United States and at the crossroads of north/south and business. east/west trade lanes in an increasingly global economy. The state has tremendous assets: a large and diverse consumer and GOALS • Lead the nation in global competitiveness labor market; a tradition of imagination and invention; extensive as a location for business, investment, infrastructure and natural resources; and worldwide appeal to talent, innovation, and visitors. workers, retirees, and visitors. • Lead the nation in economic growth and prosperity. After three years of retreat, Florida’s economy began to • Lead the nation in quality of life. recover in 2010 and gained momentum in 2011. This growth OBJECTIVES has continued through 2012 and into 2013. Employment • Improve and sustain employment in Florida. • Foster opportunities for prosperity for all Floridians. is rising, unemployment is falling, and businesses are • Grow Florida businesses. expanding again. • Expand Florida’s global commerce. The seeds of Florida’s next wave of growth are evident. To • Increase Florida’s attractiveness to workers, residents, and visitors. date, the recovery has been driven by global trade, tourism, technology, professional services, and health services – all This plan is the first of its kind. However, our work together is not done. This industries likely to grow in the coming years. As Florida’s economic vision is plan establishes the strategic framework for coordinated action by state agencies realized, Florida will transition from being a state driven primarily by growth to to improve Florida’s economic competitiveness and create jobs for Floridians. The a state driven by talent, innovation, quality of life, and global connectivity. plan also provides direction and support to regional and local partners as they The Florida Strategic Plan for Economic Development builds on a strong work to strengthen Florida’s economy in each region and community of the state. partnership of public, private, and civic organizations. It defines goals, objectives, To successfully become a national model for business climate, job creation, and strategies to move Florida toward its economic vision. This plan emphasizes: competitiveness, and quality of life requires that we all commit to reevaluate the • Aligning state, regional, and local plans and programs around the way we operate. Cooperation and collaboration are key to making the next five state’s economic vision. years really count. Here are just a few examples of how that will happen: • Developing a portfolio of strong talent and innovation clusters that • Eleven Regional Planning Councils are aligning their strategic efforts bring together skilled labor and innovation-oriented businesses in with the Florida Strategic Plan for Economic Development to create one expanding and emerging markets. economic vision for Florida. • Strengthening and connecting Florida’s economic regions to create a • Executive agencies are aligning policies, plans, and programs, including “megaregion” able to compete on a global scale. annual budget priorities, with this plan. • Positioning Florida to be a global hub for trade, visitors, talent, • State agencies are sharing business-minded perspectives and are innovation, and investment. looking for opportunities for economic growth throughout the state in This plan also emphasizes Florida’s position as a world class state as what makes alignment with this plan. us truly competitive in today’s economy: • Economic Development Liaisons, high-level representatives from • Leading the nation in student performance and market-relevant executive and cabinet agencies, public-private partnerships and other workforce skills. organizations are working together to create seamless customer service, • Diversifying Florida’s economy into a mix of growing industries and streamline government processes and improve the efficiency and expanding our role in both national and global markets. effectiveness of economic development efforts. • Modernizing Florida’s infrastructure and reforming growth and • The Departments of Economic Opportunity, Environmental investment decision-making processes to support a competitive Protection, and Transportation will initiate a process to develop an economy and high quality of life. integrated statewide vision for addressing economic development, • Developing the nation’s leading business climate, including a land use, infrastructure, environmental stewardship, talent predictable and sensible legal and regulatory environment and development, and community development over a 50-year period. efficient and customer-focused business support services. Together, our partnerships and collective efforts will further position • Creating strong statewide and regional partnerships to meet Florida for continued growth, competitiveness, and prosperity. Florida’s economic development goals. Barbara Foster is the Planning, Program Evaluation, and Partnerships • Developing the nation’s leading communities of choice to live, learn, work, and play.
Coordinator at DEO and can be reached at Barbara.Foster@deo.myflorida.com. John Kaliski is a Principal with Cambridge Systematics, Inc. and can be reached at jkaliski@camsys.com.
Summer 2013 / Florida Planning 15
APA Florida
Section happenings! Gold Coast Section: The Gold Coast Section has been quite dynamic during the first part of 2013. We started the year with a bang, thanks to an Active Design Guidelines event co-sponsored by AIA Miami’s Committee on the Environment. More than sixty people came to the Miami Dade College Wolfson Campus to watch Karen K. Lee, MD, MHSc, FRCPC, Director of the Built Environment Program at the NYC Department of Health and Mental Hygiene, and Fredric M. Bell, FAIA, Executive Director, AIA New York Chapter, make presentations on NYC’s Active Design Guidelines and Fit City Challenge. The presentations were followed by a panel which discussed local initiatives and the challenges faced in South Florida to become more active by design. The panel was moderated by Bernard Zyscovich, FAIA, of Zyscovich Architects, who subsequently led a tour of Miami Dade College’s new classroom building - the first in South Florida that follows the Active Design Guidelines. The Gold Coast Section is in dialogue with AIA Miami about future collaborations, including a possible follow up Fit City Miami conference in 2014. On February 8, Gold Coast held “Planners as Agents of Transformation,” our first official professional development event of the year. We were honored to host former Miami Mayor Manny Diaz, author of “Miami Transformed: Rebuilding America One Neighborhood, One City at a Time,” who engaged the approximately 30 attending planners in a lively conversation about the critical role of planning and how we must step up and become more vocal to bring about needed change, both as professionals and as citizens. In March, Gold Coast sponsored “Pop-Up Opa-Locka,” the second City of Opa-Locka and Opa-Locka Community Development Corporation event which implements our section’s temporary park and open space strategy, developed last year to help local communities improve access to physical activity opportunities and community health. The event was leveraged to highlight local redevelopment projects and engage residents’ input. The pop-up park initiative will be highlighted at the state planning conference in October in a joint panel presentation of Gold Coast Section members and OLCDC staff. In April, seven of our members ran (or walked) in the annual Mercedes Benz Corporate Run. The Miami-Dade race, which attracts more than a 1,000 companies and agencies, set a record of 25,000+ participants this year and generated a donation of over $32,000 to charity partner The United Way. Also on the lighter side of things, this year we have resumed our monthly networking happy hours, which give our members the opportunity to catch up and learn about plans and projects that are going on in a fun and informal atmosphere. More exciting professional development events are in the works for the summer. On June 26, we are hosting a Legislative Update session. Tentatively scheduled for late summer is a half-day event focused on climate change and adaptation tools. All our events, as well as allied industry events of interest to our membership, are highlighted on our Facebook page (https://www.facebook.com/APA-Florida-Gold-CoastSection). We welcome you “likes” regardless of which APA FL section you belong to!
San Felasco Section: The San Felasco Section held a General Membership meeting on April 24th for the primary purpose of amending its by-laws so that future elections of Section officers would be held by August rather than by the end of the calendar year. This and other changes were unanimously approved, and our Section’s amended By-laws have been sent to APA-Florida. Elections are tentatively scheduled for August 21st at the Design Center in downtown Gainesville. The Section has hosted five APA Webinars since October 2012, including the excellent, June 5th webinar entitled “Pedestrian and Bicycle Planning”. Our next webinar will be “Planning Law Review” on June 26th at 4:00 PM at the offices of the North Central Florida Regional Planning Council, in Gainesville. We are pleased to have recently been awarded a 2013 Section Professional Development Grant by APA Florida, which we will use to help offset the approximately $1,000 cost for the APA webinars that the San Felasco Section will continue to host. The San Felasco Section extends its sincere appreciation for the participation of the current classes of UF Urban and Regional Planning students in Section activities, and extends its very best wishes for a bright future to the recently graduated Class of 2013.
16 Summer 2013 / Florida Planning
LAND USE & PLANNING: Law Case Update
by: David Theriaque, Esq.
City of Arlington, Texas v. Federal Communications Commission, 133 S. Ct. 1863 (2013), decided on May 20, 2013. The Telecommunications Act of 1996 imposed certain limitations on the authority of state and local governments to regulate towers and antennas in wireless telecommunications networks. One such limitation requires state and local governments to act on wireless siting applications “within a reasonable period of time after the request is duly filed.” In order to address delays in the approval process, the Federal Communications Commission (“FCC”) determined that a “reasonable period of time” is “presumptively (but rebuttably) 90 days to process a collocation application (that is an application to place a new antenna on an existing tower) and 150 days to process all other applications.” Two cities challenged the authority of the FCC to make such a determination. The Fifth Circuit Court of Appeal upheld the authority of the FCC to make such a determination. The United States Supreme Court affirmed the Fifth Circuit’s decision, after an extensive analysis regarding how to analyze whether an administrative agency “has stayed within the bounds of its statutory authority.” While the Supreme Court’s analysis regarding this issue is fascinating reading to legal scholars, the key point for local government planners is the Court’s upholding of the FCC’s determination of what time-frames constitute a reasonable period of time. Thus, absent justifiable, objective delays, local governments must process a collocation application within 90 days and all other applications, such as an application for a new tower, within 150 days. (Local government planners should also be aware of the time-frames imposed by Section 365.172(12), Florida Statutes, for the review of applications for wireless facilities). Alachua Land Investors, LLC v. City of Gainesville, 107 So. 3d 1154 (Fla. 1st DCA 2013). The City of Gainesville denied an application of plat approval for the final development phase of a residential subdivision. The basis for the denial was that a sanitary sewer line was projected to go through a 90-acre conservation area. Such conservation area was the subject of a settlement agreement, arising out of a dispute regarding a water management district permit, which prohibited any “construction or disturbance of the conservation area pre-or-post development.” The property owner filed an inverse condemnation lawsuit, alleging a partial regulatory taking by the City. The trial court ruled against the property owner, primarily because the property owner had alternatives available that did not require the sewer line to cross the conservation area. The property owner did not submit any additional development plans to the City that would have utilized such alternatives. Consequently, the trial court concluded that the property owner’s claim was not ripe. The First District Court of Appeal upheld the trial court’s decision. The First District also relied upon the existence of alternatives that did not require the sewer line to cross the conservation area. The First District concluded that the property owner had failed to make a meaningful application because the property owner only submitted one application that violated the express terms of a settlement agreement that the property owner had executed. Moreover, by submitting a flawed application, the First District determined that the property owner had deprived the City of the opportunity to make a final decision regarding how the property owner could develop its property. Furthermore, the First District concluded that the property owner had failed to prove that it would be futile for it to submit another application and, therefore, the “futility” exception to the additional application requirement did not exist in this case. The First District’s opinion contains an excellent analysis of what a property owner must demonstrate in order for its takings lawsuit to be deemed “ripe” for review. This case is yet another example of the difficult hurdles that face a property owner who files a takings lawsuit. Chapter 2013-92, Laws of Florida The Florida Legislature has included the following new requirement for county and municipal governments: When reviewing an application for a development permit that is certified by a professional listed in s. 403.0877, a county may not request additional information from the applicant more than three times, unless the applicant waives the limitation in writing. Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the county, at the applicant’s request, shall proceed to process the application for approval or denial. See Sections 125.022(1) and 166.033(1), Florida Statutes. The new law becomes effective on July 1, 2013. David Theriaque is with the firm of Theriaque & Spain in Tallahassee. He can be contacted at dat@theriaquelaw.com.
Summer 2013 / Florida Planning 17
2013 LEGISLATIVE SESSION OVERVIEW By: Lester Abberger, APA Florida Legislative Representative
The rising tide of a projected budget surplus, after six years of deficits, tough choices, and painful spending cuts, enabled the 2013 legislature to focus more clearly on policy issues important to Florida’s future. To be sure, there were contentious issues: the proposed expansion of the Medicaid program to draw down billions of federal dollars to cover uninsured Floridians; overdue pay raises for teachers; needed ethics and elections reforms; responsible re-structuring of the state’s retirement system; complex Everglades restoration planning and funding; controversial economic development incentive packages; and a host of other policy and politically volatile challenges that erupted into the usual partisan political wrangling. On the planning and growth management front there seemed general stakeholder consensus early on, that further substantial changes to the state’s growth management scheme were unwarranted in the present economic and regulatory environment. The perception was that time is still needed to assess the real world effects of the massive 2011 growth management rewrite. All parties, or so it seemed from here, bought into the notion that a measure of certainty with respect to growth management, notwithstanding profound policy differences, would be prudent as the state’s economy emerges precariously from the devastating real estate recession. There were, at the end of the day, some narrowly focused policy changes which were described well in Alex Magee’s excellent session summary. On a positive note, legislation implementing the state’s agreement with the federal government for continuing restoration of the Everglades ecosystem was adopted, and Everglades restoration was funded adequately at $70 million. Similarly, more funding (at the theoretical level of $70 million) was provided for the landmark Florida Forever program, although for less than in pre-recession years and grounded in dubious assumptions about the sale of “surplus” state lands. The Rural Lands Protection program received $11.1 million, and $50 million was provided for a cross-state bike trail (vetoed by Governor Scott). In a disturbing and increasingly pervasive pattern, a number of bills were filed, and seriously considered, that would have imposed state government pre-emptions on local decision making in matters such as transportation planning and
18 Summer 2013 / Florida Planning
environmental regulation which are well within the purview of local governments. Unfortunately, we expect to continue to see many more such bills in the future. These, it seems from here erode local authority, and impose the kind of top-down command and control, heavy handed state intrusion antithecal to the prevalent political philosophy of the party in charge. On your behalf, we continued to work closely with the very able professional staff of the substantive committees with jurisdiction over issues important to the planning profession. We leveraged the experiential knowledge of the members of APA-Florida’s Legislative Policy Committee (LPC) and that of many other members, to provide high quality, value-added information and insights to legislators, legislative staff, and others. We analyzed scores of bills with planning, growth management, local government, water policy, transportation, and environmental regulation and development implications. What is more, we continue, day in and day out, to leverage that same expertise in our ongoing advocacy and technical guidance roles, in a variety of forums, with the Department of Economic Opportunity, the Department of Transportation, the Department of Environmental Protection, and the Executive Office of the Governor, and other state, regional and local agencies. Great credit goes to the leadership and consensus building skills of Melissa Zornitta, chair of the LPC. She solicited and coordinated responses, often on very short notice, to many, many bills and amendments. As always, Alex Magee was indispensable in keeping us focused and well organized. Her legislative bill summaries and status reports were superb. Your president Brian Teeple was engaged and provided the usual wise guidance and decisive leadership essential to our efforts. To those and many others who engaged in our work during the 2013 Session, we express our gratitude. As always, we welcome your thoughts, comments and suggestions as how we can improve our advocacy activities in ways that add value to the work of our members. We look forward to these discussions at the APA Florida annual meeting in September, if not before. Thank you again for your support and your expressions of confidence in the work we are doing on your behalf. Lester Abberger can be contacted at lesterabberger@nettally.com.
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Summer 2013 / Florida Planning 19
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[UPCOMING] EVENTS AUGUST 1 - 2, 2013: 16TH ANNUAL LAND USE LAW CONFERENCE Tampa. 16th Annual Land Use Law Conference. Featured speakers include Linda Shelley, Sidney Ansbacher, and David Smolker. Earn up to 15 hours MCLE credit including one hour of Ethics. Earn up to 12 hours of AICP credit. Cost: $895. Visit www.floridaplanning.org/calendar for more details. AUGUST 2, 2013: ADRESSING THE NEEDS OF LGBT SENIORS Florida. Addressing the Needs of LGBT Seniors: Seniors in the Lesbian, Gay, Bisexual, and Transgender community face a unique, and significant, set of obstacles to aging comfortably, including discrimination, lack of certain legal protections, and an absence of a family support system. Examine current trends in addressing the needs of LGBT seniors as well as innovative programs and services to help them age in place. 1.5 AICP CM credits pending. Register now: https://www2.gotomeeting.com/register/854418202. SEPTEMBER 10 - 13, 2013: REGISTER NOW FOR THE 2013 APA FLORIDA ANNUAL CONFERENCE! Orlando. Mark your calendars for the 2013 APA Florida Annual Conference in Orlando! This year’s theme is “Planners Have An App For That...” Go to www.floridaplanning.org/conference for details. SEPTEMBER 25 - 27, 2013: SHARE THE ROAD CELEBRATION OF CYCLING Deland. Save the date for this celebration of cycling in Florida! it will include bicycle advocacy and education programs, supported and self guided rides, and networking. Contact Ken Foster, Bike Florida and Share the Road Director, at 850-544-5040 for more information. For more information on these and other APA Florida events, please visit http://www.floridaplanning.org/