Florida Planning Magazine - Winter Issue

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

Winter 2017

www.floridaplanning.org

Port St. Joe: A Legacy of Planning for Waterfront Growth Alongside the State

By Richard Fetchick

Port St. Joe is just one of many sparkling communities dotting Florida’s Forgotten Coast, nestled quietly in the state’s panhandle.

Over the last two decades, the city has undertaken many efforts to diversify the local economy, including planning partnerships with the state. At the same time, public officials and residents have spearheaded efforts in Port St. Joe to restore beauty and vitality to the coastal Gulf County community. continued on page 4

OTHER FEATURES

ALSO IN THIS ISSUE

6

Tampa Riverwalk

8

Tampa Bay Ferry Service

10

Jacksonville’s Southbank Riverwalk

11

How to Make Your City Waterfront Fabulous

14

2017 Annual Conference Call for Presentations

15

Coastal Flooding & Sea Level Visualization Tools

17

2017 Florida Legislature Preview

President’s Message - p. 3 APA Florida Working for You - p. 18 Planners on the Move - p. 19 Law Case Update - p. 20 Consultants Directory - p. 23 Events - back page

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

[APA FLORIDA] KEY CONTACTS - EXECUTIVE COMMITTEE

Name Phone

E-mail

APA Florida Executive Committee President

Andre Anderson, AICP

407-957-8428

president@floridaplanning.org

President-Elect

Laura Everitt, AICP, Esq., LEED GA

813-224-8862

presidentelect@floridaplanning.org

Sun Coast Section

Stephen Benson, AICP, CNU-A

813-975-6255

suncoast@floridaplanning.org

VP Professional Development

Henry Bittaker, AICP

561-523-0678

profdevelopment@floridaplanning.org

VP Conference Services

Wiatt Bowers, AICP

904-363-8488

conferencesvcs@floridaplanning.org

Student Representative

Les Brown

students@floridaplanning.org

Orlando Metro Section

Jason Burton, AICP

407-246-3389

orlandometro@floridaplanning.org

First Coast Section

Ennis Davis, AICP

904-396-5727

firstcoast@floridaplanning.org

Atlantic Coast Section

Lisa Frazier, AICP

321-750-7060

atlanticcoast@floridaplanning.org

Secretary

Kim Glas-Castro, AICP, LEED, AP

561-434-5086

secretary@floridaplanning.org

VP Certification Maintenance

Allara Mills Gutcher, AICP

850-319-9180

certmaintenance@floridaplanning.org

San Felasco Section

Adam Hall, AICP

386-418-6125

sanfelasco@floridaplanning.org

Heart of Florida Section

Hetty Harmon, AICP

863-646-4771

heartoffl@floridaplanning.org

VP Communications

Michelle Heinrich, AICP

813-276-2167

communications@floridaplanning.org

YPG Representative

Brandon Henry

813-272-5940

ypg@floridaplanning.org

VP Section Affairs

Doug Kelly, AICP

321-329-3213

sectionaffairs@floridaplanning.org

Treasurer

Tony LaColla, AICP

813-273-3774

treasurer@floridaplanning.org

Treasure Coast Section

Josh Long, AICP

561-650-0719

treasurecoast@floridaplanning.org

Promised Lands Section

Tony Palermo, AICP

239-533-8325

promisedlands@floridaplanning.org

Emerald Coast Section

Kristen Shell, AICP

850-983-7078

emeraldcoast@floridaplanning.org

VP Member Services

Marcie Stenmark, AICP

727-724-1555

membership@floridaplanning.org

University Liaison

Lindsay Stevens, AICP

850-645-7170

university@floridaplanning.org

Broward Section

Thuy Turner, AICP

954-357-6623

broward@floridaplanning.org

Gold Coast Section

Lynda Westin, AICP

954-788-7923

goldcoast@floridaplanning.org

Capital Area Section

Barry Wilcox, AICP

850-891-6400

capitalarea@floridaplanning.org t

Immediate Past President

Melissa Zornitta, AICP

813- 272-5940

pastpresident@floridaplanning.org

Executive Director

Julia “Alex“ Magee

850-201-3272

fapa@floridaplanning.org

Ad. Assistant/Bookkeeper

Amanda Pickles

850-201-3272

adminbk@floridaplanning.org

Communications Coordinator Patti Shea

850-201-3272

staff@floridaplanning.org

Legislative Representative

Lester Abberger

850-524-2779

lesterabberger@nettally.com

Webmaster (Consultant)

Summer Taylor

888-949-5487 x706

summer@exaktmarketing.com

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

2 Winter 2017 / Florida Planning

PRESIDENT’S MESSAGE Happy New Year!

With a new year comes the chance for us to reflect on past successes and to plan for new initiatives that will continue to make our organization great. So, how do we do this?

Well, you may recall that just after the statewide conference in Tampa last year, we sent you a membership survey to get your feedback on how we were doing, what types of events you were participating in at the state and local levels, and what initiatives you would like to see implemented. We received a lot of feedback and summarized it down to a central theme of how do we provide greater value for our members. This central theme was the subject of our Executive Committee Retreat in November 2016 and was broken down into four focus areas: • Sustainable funding through partnerships and sponsorship to maintain the organization; • Improved Communication of available services and resources; • Building on our APA FL brand identity as a value proposition to members; • How to promote value of the membership at the chapter and section levels.

With a new year comes the chance for us to reflect on past successes and to plan for new initiatives that will continue to make our organization great.

So, how do we do this?

Over the two-day retreat, we put our collective heads together and came up with more than 20 unique ideas and over 100 specific tactics that we hope to work on implementing throughout the coming year. They range from building on our successful social media platforms to attract more followers from within the membership to better promotion of planning success stories to build our brand of Making Great Communities Happen. (Note: The retreat was not all work, as some of the planners got a chance to belt out a few notes at a karaoke venue. Who knew planners could sing?)

Your Executive Committee, which is made up of representatives from each of the 12 Sections across the state, is listening and responding to all your ideas and feedback on ways to provide you with greater value for your membership. Without your membership and continued participation, we cannot implement the many initiatives that make APA Florida a national leader.

Over the next several months, we will be reaching out to each of you that have expressed an interest in joining a standing committee or ad-hoc committee as we work to implement ideas from the four focus areas. As always, I would love to hear from you. Please send me a note at president@floridaplanning.org.

Until next time, continue to #PlanFlorida.

Andre Anderson, AICP APA Florida President

Winter 2017 / Florida Planning 3

[PORT] ST JOE

continued from cover page

In 2005, Port St. Joe was designated a Waterfronts Florida community. The city began collaborating with the state to address four priority areas in the local community: protecting environmental and cultural resources, improving public access, developing hazard resilience and enhancing the economy. As a Waterfronts Florida community, Port. St. Joe constructed a gleaming Bay Walk promenade that now shines as a centerpiece of the waterfront, providing access to the St. Joseph Bay for visitors and residents.

More recently, Port St. Joe applied for the Florida Department of Economic Opportunity’s newest community development initiative, the Competitive Florida Partnership.

The city was designated as one of four Competitive Florida Communities during the program’s first year in 2013.

Port St. Joe was asked to explore economic development strategies that would preserve the community’s character and assets, including its unique waterfront. The city developed an economic development plan that “celebrates the history and culture of the region through educational and cultural venues to attract a new demographic of visitor and increase local jobs for locals.” Using this vision, the city has successfully revitalized the historic Port Theatre and rehabilitated the Cape San Blas lighthouse.

The non-profit Port Theatre Art and Culture Center was created to revive the Historic Port Theatre, located in the historic downtown shopping district and commercial center. The newly operational theatre brings the community together for a weekly event called “Thursdays at the Theatre.”

Because of local efforts such as this, economic activity has flourished in the area, including new storefronts supporting real estate, food service and retail sector businesses. The theatre 4 Winter 2017 / Florida Planning

was purchased through a Department of State Historic Preservation Grant, and the department has recommended a second grant to fund the renovation of the theatre, which is expected to further enrich the thriving community.

A second major achievement involved the relocation of the Cape San Blas Lighthouse to George Core Park. Originally located on the cape, the lighthouse, keepers’ quarters and oil house were hauled 12.3 miles by truck convoy to their new home at the park. The historic preservation committee, which manages the lighthouse, holds a popular moonlight climb, and the Forgotten Coast Sea Turtle Center is housed within the keeper’s quarters. Four jobs have been created since its 2014 installation to oversee programming at the facility, which has drawn in many new visitors to the area in the past few years.

Port St. Joe has proven that embracing its unique working waterfronts heritage can improve economic development opportunities and strengthen the local community.

Richard Fetchick currently manages the Competitive Florida Partnership at the Department of Economic Opportunity. He holds a Master’s Degree in Planning from Florida State University and has worked domestically and abroad in economic development and planning for five years.

He can be reached at Richard.Fetchick@ deo.myflorida.com.

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Winter 2017 / Florida Planning 5

The Tampa Riverwalk

PROGRAMMING AND PLACEMAKING

By Ashly Anderson

A

s the recent host of the College Football Playoff (CFP) National Championship game, the Tampa Riverwalk was the central hub of activities for the annual football event. From concerts and fan central games, to brand activation areas by CFP sponsor Dos Equis, out of towners and locals converged on the Riverwalk until the game at Raymond James Stadium.

This does not come as surprise to local officials and downtown organizers that the national host committee recognized the Tampa Riverwalk for the hub of the event. The Tampa Riverwalk, a more than 40 -year-endeavor, has become a significant public space for events in programming.

While the idea for the Riverwalk started in 1976 by City of Tampa Mayor, William Poe, construction of the linear park started in earnest in 2005 with Mayor Pam Iorio. Since then, Riverwalk construction has expanded to culminate in a 2.3-mile linear park experience along the Hillsborough River in Downtown Tampa.

In 2015, Mayor Bob Buckhorn celebrated the opening of Kennedy Plaza, an over-water span of walkway connecting MacDill Park and Curtis Hixon Waterfront Park that has since become the most legible portion of the Tampa Riverwalk to the general public. As part of the transformation of the Downtown and waterfront, the City of Tampa,

Friends of the Riverwalk, and Tampa Downtown Partnership have been collectively programming the Tampa Riverwalk with a series of projects including:

Tampa RiverFest

In May 2015, the first RiverFest that was held to celebrate the official completion of the Riverwalk, utilizing each of the seven parks along the Tampa Photos courte sy of the Tampa Downt Riverwalk with cultural own Partnershi p activities, concerts, food festivals, and waterborne activities. RiverFest 2016 featured local talent from Hillsborough County Schools, the Mayor’s Mac & Cheese Throwdown, the Plank pop-up bar, Shakespeare in the Park, a Brunch Festival and water events, including paddle boats races.

In 2016, the event concluded with a hot air balloon glow in Curtis Hixon Waterfront Park that attracted more than 30,000 visitors. This event continues to grow and serve as an example of how to utilize the Riverwalk at various scales. While larger parks serve as the home to signature events, vendors and musicians activated smallerscale spaces to create a cohesive experience for visitors.

Specialty Center

In 2014, Friends of the Riverwalk worked with the City of Tampa to establish a specialty center designation for the Tampa Riverwalk.

This ordnance was designed to allow visitors to stroll along the Riverwalk with an alcoholic beverage if purchased from one of the designated vending locations along the boundary area. In total, nine restaurants and bars were included in the draft of the policy, all with locations immediately adjacent to the Riverwalk.

To enforce the consumption of alcoholic beverages from these locations, a designated Riverwalk cup was added to the ordinance to easily identify patrons and allow consumption. Friends of the Riverwalk provide the designated cup, with a map highlighting each of the participating business. In order to help encourage events along the Riverwalk, an exemption was added to the policy to allow any permitted continued on next page

6 Winter 2017 / Florida Planning

[TAMPA] RIVERWALK

HOW THE REMAINING SECTIONS OF RIVERWALK PROJECT WERE FUNDED

continued from page 6

special event occurring in public parks along the Riverwalk to use the Riverwalk cup and allow for the alcohol beverages to leave the event footprint. This has since lead to the expansion of single-park events to multi-park events, and has benefited the adjacent businesses with a mobile audience from large events such as music and art festivals.

The Plank Pop-Up Bar

Following the specialty center ordinance on the Tampa Riverwalk, Friends of the Riverwalk & Tampa Downtown Partnership launched a new concept to the Riverwalk, the Plank Pop-Up Bar. The concept’s name is rooted in the history of the Riverwalk’s inception in 1976 when wooden planks were sold as an initial fundraising campaign to build the linear park. The Plank is an activation concept that fills gaps of space where there is little vending or permanent waterfront bars along portions of the public space.

Traditionally, wet zoning a park for a special event in the City of Tampa is costly to a non-profit organization for a single day event, due to insurance costs, wet zone police patrol, and licensing fees.

Within the pop-up bar concept, Friends of the Riverwalk utilized the optional three-day liquor license afforded to non-profit agencies for the use of fundraising to make the special event permit work for a three-day bar. Friends of the Riverwalk operates the bar with temporary fixtures including a serving area, beer trailer, high top tables, café lighting, umbrellas and wooden fencing. The activation occurs for a weekend along the Riverwalk and starting in 2015, the Plank has “popped-up” six additional weekends and locations.

Following national planning trends, the Tampa Riverwalk is an example of how to approach the question of “what’s next?” after a city completes a significant infrastructure investment. The key to creating a successful place is variety – from large special events to small-scale vending. The Tampa Riverwalk’s current programs are helping turn a beautiful linear park into an important place for the community.

By Lee Hoffman

The last sections of Riverwalk were completed with a Transportation Investment Generating Economic Recovery (TIGER) Grant the city received in June 2012 from the Department of Transportation.

The $10.9 million in TIGER funding was added to a $6.7 million grant from the city of Tampa, totaling $17.6 million. A breakdown of allocation was as follows: • $10.5 million to complete the construction of the Kennedy Plaza section • $5.1 million for the design and construction of the Doyle Carlton section.

• $1.4M for the Tampa Hillsborough Expressway Authority (THEA), a sub-grantee, to complete the Selmon Greenway. THEA also kicked in $546,000 in match funding to the Greenway project.

The TIGER grant allowed the city to accelerate the completion of the two Riverwalk sections by several years.

The total amount of funding spent on the design and construction of the Riverwalk to date is approximately $34M.—of which 53 percent came from grants, 42 percent from city funding, and 5 percent from private donations.

Lee Hoffman is the Training and Development Manager for the City of Tampa. He can be reached at Lee.Hoffman@tampagov.net.

Ashly Anderson is the Placemaking and Urban Design Manager for the Tampa Downtown Partnership.

She can be reached at aanderson@tampasdowntown.com.

Winter 2017 / Florida Planning 7

testing the waters with the

TAMPA BAY L

ast fall, the Cross-Bay Ferry began its pilot program providing a new transportation option between downtown St. Petersburg and downtown Tampa. The ferry, which is being provided by Seattlebased HMS Ferries, is 98-feet long and can carry a maximum of 149 people with interior and exterior seating options. Passengers with bikes, luggage and strollers can be accommodated as they take the 50-minute trip between these two area cities over scenic Tampa Bay. Residents on both sides of the bay can use the ferry as a commuting option to each downtown’s business center. The ferry also operates on the weekends and weekday evenings with night time attractions on both sides, such as Beach Drive in St. Petersburg and Amalie Arena in Tampa, easily accessible by walking from each city’s terminal. After disembarking the ferry, each city has additional transit and bike options available if your plans take you further than walking distance. Transit lines operate in both downtowns: The Looper and Central Avenue Trolley in St. Petersburg; and the TECO Streetcar, the In-Towner and the Downtowner in Tampa. Additionally, Coast Bike Share operates on both sides with hubs by each ferry terminal.

FERRY SERVICE

By Michelle Heinrich, AICP

The cost for the $1.4 million pilot program is being shared by Hillsborough County, Pinellas County, the City of Tampa and the City of St. Petersburg. Both Pinellas County and St. Petersburg are using settlement funds from the 2010 BP Deep Horizon oil spill. Tampa is using money generated from the Downtown Community Redevelopment Area Neighborhood Improvement Fund.

Area leaders are excited to offer this alternative mode of transportation for the region. When the pilot program ends in April 2017, the involved organizations and governments will examine continuing, and possibly expanding, the ferry service. The ability to provide this service in the long term will rely on finding a sustainable revenue source, which could include the private sector, federal funding and other investors.

Michelle Heinrich is a Principal Planner with Hillsborough County. She can be reached at heinrichm@HillsboroughCounty.org.

Photos are co

urtesy of the Cr

8 Winter 2017 / Florida Planning

oss-Bay Ferry.

Winter 2017 / Florida Planning 9

Photos are courtesy of Haskell.

JACKSONVILLE’S SOUTHBANK RIVERWALK

PROPOSED FOR EXTENSION By: David L. Powell, Esq.

Even when a community has created a first-class pedestrian way along its riverfront, there’s room for improvement.

The 1.2-mile Southbank Riverwalk is a major amenity in Downtown Jacksonville, offering breathtaking views of the city’s skyline and boat traffic on the St. Johns River by day and night. Reconstructed in 2015 for $17 million with light-weight concrete, brick pavers, and steel guardrails, the sparkling new Southbank Riverwalk features LED lighting, benches, canopies, two floating docks, event space, and the Jacksonville Navy Memorial statute of the Lone Sailor. It provides access to residential and office buildings, restaurants, hotels, public spaces, and a water taxi to the bustling Northbank District.

Originally opened in 1985 as a boardwalk, the Southbank Riverwalk extends from the Duval County School Board headquarters in the east—adjacent to the site for a major new mixed-use development called The District—to its abrupt western terminus at a boat ramp 10 Winter 2017 / Florida Planning

between the Acosta and Main Street bridges.

In 2016, a technical advisory panel of the Urban Land Institute (ULI) was convened

by Jacksonville’s Downtown Improvement Authority to recommend future uses for an under-utilized 15-acre study area between the two bridges. The study area is a lynchpin for future growth in the entire Southbank District and includes Friendship Fountain and Park, the Museum of Science and History, River City Brewing Company and Marina, and a parking lot with the boat ramp.

The ULI panel recommended relocating the boat ramp, which has limited parking, a steep drop off, and puts boaters into a reach of the St. Johns River with strong currents. Moving the ramp to another location near downtown would address these safety concerns. It also would facilitate the proposed westward extension of the Southbank Riverwalk to the

burgeoning Baptist Health campus, a major economic engine that includes the new Baptist M.D. Anderson Cancer Center.

The extended Southbank Riverwalk would enhance mobility throughout the Southbank District and create the opportunity for additional access points; the Southbank Riverwalk currently has only four access points, including Friendship Fountain and Park.

The ULI panel also endorsed plans to link the Southbank Riverwalk to a proposed east-west multi-use trail through the Southbank District running from a proposed new terminus of the Riverwalk at the Baptist Health campus and then under the Acosta and Main Street bridges to the Riverwalk’s eastern access point at the Duval County School Board Building.

David L. Powell is a lawyer with the Tallahassee firm of Hopping Green & Sams and served as chairman of the ULI Technical Assistance Panel for Jacksonville’s Southbank.

DIY 101:

How to Make Your City Waterfront Fabulous

By Melissa Hege, AICP, LEED AP

Editor’s note: This article first appeared on Melissa’s blog.

Melissa, a member of the chapter’s editorial committee, is gracious enough to let us repurpose it here.

For the past year, my team and I have been diligently working to plan and create the Baywalk pop-up--a temporary public art installation on downtown Miami’s waterfront. Why? Because Miami deserves a stellar waterfront walkway.

Over time I’ve recruited an internationally acclaimed architecture firm and collected an assortment of public endorsements, funding and finally a true partnership with the city. Here’s how we did it and how you can do it in your city. (Note all imagery was produced by ArquitectonicaGeo)

Choose Your Passion Mine was improving public access to downtown Miami’s urban waterfront with a cool and fun, temporary art installation. Maybe you didn’t know, but the Baywalk is already a thing. All the waterfront restaurants like Epic and Cippriani that overlook Biscayne Bay are separated by a 50-foot-wide path which the city required them to build. In fact, all new construction (and most old) have some version of this path. The problem is that in several places the path is incomplete, think about the old Herald site and some of the bridge crossings. An even bigger problem is that none of these paths look or feel the same. They have no signs and do not exist on any map or public website. They feel private. I didn’t get it. Why wouldn’t the city try to make this a real waterfront? It seemed so obvious.

Photos are co

urtesy of Arqui

tectonicaGeo

Do Your Homework The more I investigated, the more I realized how complicated it was to create one beautiful waterfront path on property that was not owned by the city. Each property has a different public or private owner. That’s when the lightbulb went off. Let’s pick one location so everyone can see how cool the waterfront could be with a little imagination. I picked the Port Miami bridge. There’s actually a footpath underneath this bridge, which connects the back of American Airlines Arena to Bayside Marketplace. It’s a haven for homeless and fairly unsanitary at times, but who wouldn’t blame the homeless for wanting a spot with a view! continued on next page

Winter 2017 / Florida Planning 11

[DIY 101] WATERFRONT FABULOUS

continued from page 11

Know Your Players Before assembling my team, I pitched the idea to the Florida Department of Transportation. They owned the bridge and the area beneath it. They were so excited about the project that they helped me to convince the Miami Parking Authority to sponsor the project and handle all of the tough parts like permitting, insurance and construction management.

Design Like You Give a Damn I partnered with ArquitectonicaGeo, the international landscape architecture firm and sister to Arquitectonica. They shared my passion for the waterfront and developed a comprehensive design scheme for the path. private foundations and private companies we are closer than ever to our goal.

Ride the Twists and Turns

Play Hard and with Conviction With the design in place, now the hard work begins. First, we had to reach out to each of the property owners to figure out what permits were needed. Look at all the different owners in the image above! We went round in circles for several months because no one really new what kind of approval we should seek. In the process we brought in the city, county and elected officials who all loved the project and wrote us glowing letters of support. Then we reached out to the big institutions: the art museum, Bayside, Bayfront Park and the Miami Heat. Everyone loved the concept. More letters.

Finally, we came back to the city and they agreed that the project was a special event and suggested a special event permit. Now we were getting somewhere.

Go For the Money This was perhaps the most complicated part. Through begging, pleading and a very generous donation from the Miami Foundation, we have been cobbling together a tidy sum to pay for materials and construction. With some donations from public entities, non-profits, 12 Winter 2017 / Florida Planning

Your project may not always go as expected. We lost our agency sponsor right when we were awarded our grant from Miami Foundation. Miami Parking Authority pulled out their sponsorship and left us with no public champion. But persistence paid off! The city was so bought into the project that they jumped in as our sponsor.

Thanks to their amazing Risk Management Department, who evaluated all the legal implications, and the Department of Real Estate and Asset Management, who will use their internal team to manage permissions and construction, we are well on our way to seeing this amazing project be built.

Maintain Your Good Old Rolodex It’s a constant game of follow up with all the various players. You need to stay on top of this, keep a good list of contacts, send regular emails and follow up on all the details. If this is your project, you need to always be in leadership mode. No one else has the time to follow up like you can. Be inspiring. Be polite. Be thankful. You can’t do this alone.

Invite the Community & Their Leaders Your project won’t work if no one shows up to see it and use it. I pursued partnerships with local institutions like the Perez Art Museum Miami and the Miami Center for Architecture and Design to host events and presentations about the project. ArquitectonicaGeo continued on next page

[DIY 101] WATERFRONT FABULOUS

continued from page 12

Know Your Players has brought in their PR firm to help us promote the project to various media outlets and through social media. Publicize ribbon cuttings and incorporate walking tours and special events in your project to increase usage. Use these events to communicate your ideas to the public and elected officials. This is critical to the project’s success.

Share the Credit Remember everyone who helped you and try to help them. Give credit to all involved and share in the project’s success. Regularly share your progress and thank those who have supported you.

Measure Your Results Make a good assessment of your project to prove its value.

For our pop-up, we’ll be using an automatic counter to count how many people use the temporary installation per day, week and month. We can use the data to ask for more permanent improvements and to get the city and county to budget more money for long-term improvements.

The Baywalk pop-up is still a work in progress, but now that we have all the right leadership and advocates, we are well on our way to seeing this project become a reality. Hard work, perseverance and the ability to react positively and creatively to unforeseen obstacles will keep your project moving. My ninth grade art teacher once told me “there is no such thing as mistakes, just opportunities.”

Grab your Opportunity.

Just go for it.

Melissa Hege is the owner of Melissa Hege Planning LLC. She can be reached at melissahege@gmail.com.

Winter 2017 / Florida Planning 13

2017 APA FLORIDA ANNUAL CONFERENCE

CALL FOR PRESENTATIONS Ocean Center Daytona Beach l September 5-8, 2017

The Atlantic Coast Section is pleased to welcome the APA Florida Annual Conference to Daytona Beach! This area is known world-wide as the home of the Daytona International Speedway and is in close proximity to NASA’s Kennedy Space Center and Port Canaveral, an international hub for cargo and cruising.

Our section is committed to Rise to the Challenge of planning Florida’s future. We cheer as rockets lift off into orbit from Kennedy Space Center and as cars exceed 200 miles per hour at the Daytona International Speedway. We collectively prepare for the threat of sea level rise and pollution of our waterways. We welcome local, national and international visitors to explore our beaches, towns and natural, untouched wilderness. We travel and trade on land, by sea, through the air, and into space.

With your help, we can be more prepared to Rise to the Challenge. We are looking for dynamic and interesting session proposals, especially in the topic areas listed below. If you have a great idea for a session that is not covered in the list, we are happy to welcome your proposal. We also welcome research projects at the university level from both professors and students that would be of interest to our membership.

Suburban + Small Town Planning • Rural financial resources: grant opportunities • Economic development strategies • Telling your story/selling yourself - Community asset identification • Workforce challenges and solutions • Density and diversity of housing • Agriculture planning

Redevelopment • Redevelopment project and program successes, including adaptive reuse/retrofit • Main Street initiatives and coordination with the local government • Historic preservation efforts • Necessary planning policy and code revisions • Best practices of CRA’s, BIDs, etc.

The Economy + Economic Development • Observable national and state level trends that impact Florida, including changing demographics • What will the opening of Cuba mean to the state?

• Impacts from the expanded Panama Canal • Opportunities in international trade • Future of traditional Florida economic engines: tourism, construction, agriculture, space, ports • Impacts of e-commerce/sharing economy

Planning Practice • Programs, techniques, processes and procedures to help planners at all levels improve • Project and organization management • Technology that impacts planning practice • Dealing with sign regulations, marijuana, parking, pop-up business, mobile vending, homelessness and other topics that may be transferable to other communities • Educational facility planning

Transportation (Land, Sea, Air + Space) • All modes, but with specific interest in seaports and space programs • Pedestrian safety • Integration of different transportation modes • Exploring how enhancing multi-modality and pedestrian safety benefits the tourism industry • Outlook for national transportation and infrastructure planning under the impending new president and administration • Autonomous vehicles

Environment • Sea level rise and Florida-specific research/studies • Water resources and pollution of Florida’s waterways • Alternative energy • Natural gas + oil exploration • Habitat protection

Session proposals should be 75 minutes (90 minutes for law and ethics credits). Session proposals are due by 5:00pm on March 31, 2017. Visit www.floridaplanning.org/conference to review the guidelines, to obtain additional information, and to complete the Conference Session Submittal Form. If you have questions, please contact Alex Magee by email at fapa@floridaplanning.org or call 850-201-3272.

14 Winter 2017 / Florida Planning

In 2016, Hurricanes Hermine and Matthew reminded us about the significant flooding impacts extreme weather poses throughout Florida communities. Hurricanes aside, the state has seen an increase in “sunny day flooding” events as sea level rises.

Since many Florida roadways and transportation infrastructure systems are low-lying and vulnerable to flooding from storm surges, tidal flooding, and sea level rise (SLR), and because Florida’s economy is dependent on the transportation system’s ability to move people and freight, considering the effects of SLR will be important to protecting infrastructure investments and our economic stability.

Visualization tools can help planners understand and address these flooding challenges. Two such tools are available on The Digital Coast, a one-stop-shop website serving up data, tools, trainings, and case studies relevant to coastal management. The Digital Coast is a partnership effort between NOAA and other organizations that serve coastal decision-maker members and constituents. The American Planning Association is a founding partner, and helps ensure that the website includes resources relevant to the planning community.

A third tool was created by the University of Florida GeoPlan Center. With funding from the Florida Department of Transportation, UF developed a planning-level tool to help identify transportation infrastructure potentially vulnerable to SLR.

• The Sea Level Rise Viewer was developed in response to requests from coastal decision-makers for a way to visualize what future sea level rise would mean for their communities, and for a way to communicate with others about the risk.

The tool is based on nationally available elevation data, and allows one to zoom in to any part of Florida’s coastline and see how different amounts of sea level rise would inundate coastal areas. The viewer shows up to six feet of rise in 1-foot increments.

• The Coastal Flood Exposure Mapper is an easy-to-use, nontechnical tool to help communities visualize their exposure to a variety of coastal flood hazards by showing maps where people, places, and natural resources are exposed to flooding.

It includes layers for storm surge, FEMA flood zones, shallow coastal flooding that occurs during extreme high tides, and sea level rise. It is designed to help local planners start conservations about their community’s flood issues and potential solutions, like green infrastructure, by selecting and saving maps that can be printed and brought to community planning meetings, added to a meeting presentation, or pulled up live during a planning meeting. continued on next page

Coastal Flooding & Sea Level Visualization Tools

By Crystal Goodison & Heidi Stiller

Winter 2017 / Florida Planning 15

[COASTAL] FLOODING

continued from page 15

• The Sea Level Scenario Sketch Planning Tool includes three publicly available components • Map Viewer: The viewer helps visualize where, when, and how much inundation and potentially affected transportation infrastructure under SLR scenarios. The viewer is non-technical and does not require GIS expertise to use.

• GIS Data Layers: Layers for download include: Regional and statewide SLR maps and affected transportation infrastructure for various SLR scenarios and time periods.

GIS software and knowledge required.

• SLR Inundation Surface Calculator: Add-in tool for ArcMap that allows users to create GIS layers of inundation under various SLR scenarios using USACE methods and NOAA tide gauge data. GIS software and knowledge required.

The Sketch Planning Tool provides for a preliminary assessment of when, where, and how much inundation and vulnerable transportation facilities could occur under future SLR conditions.

The tool has been used for analyzing impacts to regional and local transportation systems, as well as for vulnerability assessments.

Benefits of this tool include the ability to compare impacts at various time periods in the future, the accessibility of the online map for non-technical users, and the data layers and ArcGIS calculator tool available for more technical users.

Watch the Webinar Heidi and Crystal reviewed these tools during a Jan. 4 webinar hosted by the APA Florida Emerging Topics Committee.

Members can watch the webinar and download information here.

Heidi Stiller, Coastal Management Specialist with for NOAA, can be reached at Heidi.Stiller@noaa.gov. Crystal Goodison, Associate Director of the University of Florida GeoPlan Center, can be reached at goody@geoplan.ufl.edu.

CONGRATULATIONS TO OUR NEWEST AICP MEMBERS Congratulations to the 25 APA Florida members who are the newest additions to the American Institute of Certified Planners.

Maika Arnold, AICP Jeffrey Ball, AICP Roberto Becerril, AICP Cade Braud, AICP Maxwell Coen, AICP Ian Debnam, AICP Marianne Edge, AICP Jeremy Frantz, AICP Steven Gilmore, AICP Stephanie Heidt, AICP

16 Winter 2017 / Florida Planning

Jeremy Hubsch, AICP Tyler Johnson, AICP James Koeth, AICP Noel McManus-Stillings, AICP Brittany McMullen, AICP Christina Mendoza, AICP Anne Mullins, AICP Brian Nolan, AICP Mary O’Brien, AICP Het Patel, AICP

Melanie Peavy, AICP Josette Severyn, AICP Wendy Then, AICP David Thorpe, AICP Matthew Trepal, AICP

APA Florida

2017 FLORIDA LEGISLATURE PREVIEW The 2017 Session of the Florida Legislature will begin on March 7, but legislators are already hard at work during the Interim Committee Meetings, which will take place almost every week between now and the beginning of the session.

The full effects of the term limits Constitutional Amendment adopted by voters are reflected in the fact that this year out of a total of 160 legislators, 66, or more than a third, are new members: 46 House members and 20 Senate members, which is half that chamber. The relative inexperience of the new members enhances the power of the presiding officers in each chamber and of the legislature’s professional staff.

The Senate President Joe Negron (R-Stuart) has identified restructuring the state’s higher education system, Medicaid reform, and Everglades restoration as top priorities. House Speaker Richard Corcoran (R-Land O’Lakes) intends to focus also on Medicaid issues, but has pointed to “wasteful spending” in the state’s $80 billion budget, to ending corporate subsidies, to further tax relief, and to rein in tourism councils, economic development boards, and college and university foundations as his priorities.

Several of the major issues to be addressed by the 2017 Legislature have significant implications for local governments and for planners. Among these is the implementation of the Medical Marijuana Constitutional Amendment approved by more than 70 percent of Florida voters in the 2016 general election. There are considerable issues relating to medical marijuana dispensaries, including location, zoning, hours of operation, signage, and so forth. Whether the legislature will impose a statewide regulatory construct or whether it will devolve such decisions largely to local governments is the threshold question.

Similarly, the regulation of ride sharing services such as Uber and Lyft will again raise the question of state control as opposed to local autonomy. Legislation has been filed (SB340/ HB221) to create statewide rules for “transportation network companies.” Such proposals have been adopted by the House during the past two years but failed in the Senate, as leaders questioned preempting local regulations.

Short-Term Vacation Rentals (STVR) and their planning and zoning implications is yet another instance in which legislators will wrestle with the local government preemption issue. Bills have been filed to prohibit the state from imposing STVR regulations on the one hand and to essentially exempt local governments from state regulation on the other. This has been an extremely contentious issue during the past several sessions. A compromise of sorts, which has pleased neither side, was developed to allow for more study, but the time could ripe for a more permanent resolution to this impasse.

The toxic, visually appalling pollution of the St. Lucie and Caloosahatchee estuaries as a result of unprecedented algae blooms has prompted a bold, ambitious, and expensive $2.4 billion plan

By Lester Abberger

by Senate President Negron for the state to acquire about 60,000 acres of land south of Lake Okeechobee for water cleanup and storage. Senator Negron has proposed bonding some $100 million of Amendment One revenues annually for 20 years to meet the state’s 50 percent share of a partnership with the federal government.

Other conservation funding initiatives such as springs restoration, Florida Communities Trust, Florida Forever, and the Rural and Family Lands program face difficult odds in view of a projected $750 million budget shortfall. Although the real estate transfer tax, which is the Amendment One funding source, is expected to yield more than $800 million during the 2017-18 state fiscal year, legislators have been reluctant in the past to provide robust funding for water quality and conservation land acquisition programs. Advocates are cautiously optimistic that new House and Senate leadership teams and appropriators will be more responsive to the will of the 4.3 million Floridians who voted for Amendment One. These and other 2017 legislative issues will be dissected and discussed during the APA Florida Public Policy Workshop on Feb. 8 in Tallahassee. We invite your participation and we look forward to hearing your thoughts about the issues affecting the planning profession.

Lester Abberger is APA Florida’s legislative representative. He can be reached at lesterabberger@nettally.com.

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Winter 2017 / Florida Planning 17

APA FLORIDA WORKING FOR YOU BYLAWS COMMITTEE AT WORK The Bylaws Committee, comprised of Brad Cornelius, Lorraine Duffy, Kim Glas-Castro, Rochelle Lawandales, Alissa Torres, and Melissa Zornitta, is reviewing the chapter’s organizational documents to determine whether changes are needed to keep it current with national bylaws and expectations, and new or desired practices/programs of APA Florida. The committee’s recommendations are expected in advance of the April APA Florida Executive Committee meeting.

Recommended bylaws amendments will be brought to the membership for approval later this summer.

If you have any suggestions for the committee, please contact Kim Glas-Castro at secretary@floridaplanning.org.

FIRST WEBINAR OF YEAR COMPLETED On Jan. 4, APA Florida’s Emerging Topics Committee hosted its first webinar of 2017: Tools for Assessing Impacts from Coastal Flooding and Sea Level Rise. The webinar was free to members and offered 1 AICP CM. It was a great success, with close to 100 members participating. Building on this success, the committee will host a webinar each quarter.

Speakers Heidi Stiller, NOAA Office for Coastal Management, and Crystal Goodison, Associate Director of the University of Florida GeoPlan Center, shared and reviewed three powerful tools: 1) Sea Level Rise Viewer; 2) Coastal Flood Exposure Mapper; and 3) Seal Level Scenario Sketch Planning Tool. These issues have been especially of interest to Florida as we prepare for future environmental changes and events. All three tools provide the viewer with a visualization of impacts caused by flooding and sea level rise.

APA Florida would like to thank Heidi and Crystal for sharing these with our members.

Did you miss the webinar? You can watch it here as well as download more information about the tools discussed. And keep a lookout for upcoming webinars. We changed to a new webinar hosting platform that offers a smoother user experience.

APA FLORIDA AWARDED PLAN4HEALTH GRANT The American Planning Association, in collaboration with the American Public Health Association, has created a multi-year initiative to promote the integration of planning and public health.

The project is called Plan4Health, and has a purpose of creating coalitions and building relationships between the two professions.

18 Winter 2017 / Florida Planning

In previous stages of the initiative, local city/county governments were recipients of past grants and projects included the reduction of vehicular trips and increase in pedestrian, bicycle and public transit activity (Austin, Texas), public awareness of physical inactivity and unhealthy diets (Linn County, Iowa), the creation of a coalition of professionals to create healthy communities (Sacramento, Calif.), and the examination of local policies in master plans in an effort to support alternative transportation (Jackson County, Ill.).

In 2016, APA announced that the Center for Disease Control and Prevention was funding additional efforts through Plan4Health to help create such collaborations at the chapter level. Our Florida Chapter Executive Committee elected to pursue the grant and received word of the award in November. This project will commence in early February with a strategic meeting to be held in Tampa of task force members from across the state and from varying backgrounds. These backgrounds include planning and public health, the aging population, transportation, and food systems. The kick-off meeting will be a day-long session to develop the project, strategy, and timeline of the grant which must be completed by July 31, 2017. Our goal is to develop a program or model that can be used by APA Florida members statewide.

If you have any questions or would like more information, please contact Allara Mills-Gutcher, Project Manager, at 850.319.9180.

SHARE YOUR KNOWLEDGE

As the year progresses, we’re going to cover a variety of topics throughout APA Florida’s communication channels. Here’s your chance to share your knowledge with others.

Please see the roster of topics below and let us know if you’re interested in writing an article that we can share with your fellow members.

If interested, please email Patti in the chapter office.

January

Waterfront & Riverwalk Redevelopment

February

Alternative Energy

March

Urban Forestry

April

Rural Areas & Agriculture

May

Medical Marijuana

June

Affordable Housing

July

The Sharing Economy

August

Florida Wildlife

September

Sports Venues

October

eCommerce & Communities

November

Local Initiatives

December

Planners for Health

APA Florida

PLANNERS ON THE MOVE AARON GLICK, AICP, LEED AP

Aaron recently joined the North Florida Land Trust as a Land Protection Specialist after 10 years as a City Planner II with the City of Jacksonville, Planning and Development Department. At the North Florida Land Trust, he is responsible for initiating, planning, and implementing conservation projects and land acquisition, and supporting the Land Protection Director in providing outreach to the planning and development community.

YOU’RE ON SOLID GROUND WITH PAVESE Land Use, Zoning & Planning | Permitting | Environmental & Water Neale Montgomery, Esq. Steven C. Hartsell, Esq. Irene Kennedy Quincey, Esq. Katherine R. English, Esq. Kathleen Oppenheimer Berkey, Esq., AICP

Congratulations, Aaron!

239.334.2195 | www.PaveseLaw.com FORT MYERS

CAPE CORAL

WEST PALM BEACH

USF Graduate Student Kevie Defranc Awarded Minority Scholarship Congratulations to Kevie Defranc, recipient of the 2017 APA Florida Minority Scholarship.

Kevie is a Master of Urban & Regional Planning candidate at the University of South Florida and interns for the City of Zephyrhills assisting the utilities department with GIS mapping. At USF, Kevie was selected to participate in the Tampa Bay Rays Stadium planning studio project, one of a few selected students, and is active in the school’s Student Planning Organization.

The scholarship is $1,200.

“A planner should be the type of person who aims for social equity, especially for the disenfranchised people in his or her community.

As a minority I have experienced, first hand, the negative effects of poor planning and planning with a hidden agenda,” Kevie said.

“As a Florida native of Haitian descent, it is in my interest to be the most effective planner in dealing with societal ills and shape a healthy future for everyone anywhere.”

Winter 2017 / Florida Planning 19

LAND USE & PLANNING: Law Case Update Lucky Dick Promotions, LLC v. Polk County, 2016 WL 6524487 (M.D. Fla. Nov. 3, 2016) In 2014, Lucky Dick Promotions purchased the Triple Canopy Ranch in Polk County. The prior owner of Triple Canopy Ranch had obtained a conditional use permit from the County, which ran with the land, in order to utilize the property as a recreation park facility that allows all-terrain vehicles, utility terrain vehicles, off-highway vehicles, motor-cross vehicles, and recreational vehicles; primitive camping; concerts; and other scheduled events.

Subsequent to its purchase, Lucky Dick Promotions began hosting events on the property, including several mud-based events with all-terrain vehicles and outdoor concert stages. In 2016, Lucky Dick Promotions began organizing a large concert known as CountryFlo to be held on the property. Upon learning of the event, the County’s Land Development Director sent Lucky Dick Promotions a letter stating that the proposed event would require a “major modification” to the existing conditional use permit. In response, Lucky Dick Promotions submitted an application to modify the existing conditional use permit. Thereafter, the County’s Land Development Director sent Lucky Dick Promotions another letter regarding “unpermitted activity” on the site.

The County’s Land Development Director, without notice to Lucky Dick Promotions, subsequently undertook an administrative interpretation of the existing conditional use permit pursuant to Section 919 of the County’s Land Development Code and declared the same null and void. Lucky Dick Promotions administratively appealed such interpretation to the County Manager, who ultimately issued a final order upholding the determination that the existing conditional use permit was null and void.

In June 2016, Lucky Dick Promotions filed a seven-count Complaint against the County, the County’s Land Development Director, and the County Manager in Federal Court, alleging equal protection violations, a facial and as-applied challenge to Section 919 of the County’s Land Development Code, due process violations, and a vested rights claim. The County subsequently moved to dismiss the action for failure to state a cause of action and on mootness grounds in light of the County’s approval of a new, modified conditional use permit for the property that allowed Lucky Dick Promotions to conduct the requested events.

The District Court denied the County’s mootness argument. In so doing, the Court reluctantly agreed with Lucky Dick Promotions that its claims were not “moot” since Lucky Dick Promotions was seeking monetary damages, although the Court noted “the Plaintiff’s purported damages teeter on the absurd.”

Turning to the merits of the case, the Court dismissed the as-applied procedural due process claims because Lucky Dick Promotions had not first availed itself of available state rem20 Winter 2017 / Florida Planning

by: David Theriaque, Esq.

edies – namely certiorari review. The Court, however, refused to dismiss Lucky Dick Promotions’ facial challenges to Section 919 of the County’s Land Development Code because “a facial challenge ripens immediately upon enactment of the alleged unconstitutional law.” The Court also refused to dismiss Lucky Dick Promotions’ equal protection (i.e., “class of one”) claim, concluding that Lucky Dick Promotions’ allegations that it was treated differently than a similarly situated ranch with a conditional use permit for recreation-high intensity uses were sufficient to state a cause of action. Lastly, the Court concluded that it could not determine at the present stage whether the County’s Land Development Director and the County Manager were entitled to qualified immunity from the lawsuit.

This case is an example of how equal protection and facial due process claims can arise within the land use context. It is also a reminder that governmental staff and planners may be subject to Federal constitutional claims based upon land use decisions.

Realty Assocs. Fund IX, L.P. v. Town of Cutler Bay, 2016 WL 6035509 (Fla. 3d DCA Sept. 21, 2016) In 2013, the applicant filed a development application with the Town seeking approval of a site plan for a commercial retail project within the “Mixed Use District” along the Old Cutler Road Corridor.

The Town approved the site plan and an opponent filed a lawsuit, arguing, in part, that the approval was inconsistent with the local comprehensive plan because the project did not include a residential component as required by the Town’s comprehensive plan. The Circuit Court dismissed the lawsuit and the opponent appealed.

On appeal, the Third District reversed, holding: “(1) the comprehensive plan is clear and unambiguous; (2) the comprehensive plan requires that the project include residential uses; (3) the project does not contain any residential uses; and thus, (4) the development order approving the project’s site plan is inconsistent with the comprehensive plan.” continued on next page

[LAW CASE] UPDATE

continued from page 20

In analyzing the issue, the Third District reiterated that a “trial court’s interpretation of a comprehensive plan is reviewed de novo” and that the Court’s task is “to inquire as to the plain meaning of the language in the comprehensive plan, and if the language chosen by the drafters of the comprehensive plan is clear and unambiguous, then the plain meaning of that language will control.”

Turning to the plain language of the comprehensive plan, the Third District stated that Policy FLU-3A therein states that “Areas designated mixed use shall contain commercial, office, residential, community, institutional and recreation and open space uses integrated vertically or horizontally, in accordance with Policy FLU–1C.” With respect to the Old Cutler Road Corridor, the Court further noted that Table FLU-1 contained the following text: Mix of uses, with residential uses comprising no less than 20 percent and no greater than 80 percent of the total floor area of a vertical mixed use building, and no less than 20 percent and no more than 80 percent of the buildings on a development site or block face.

The Third District concluded that the plain meaning of the foregoing text was clear and unambiguous and demonstrated that the comprehensive plan intended to require residential uses in all projects located within the Old Cutler Road Corridor. In so holding, the Court rejected the argument of the Town and the applicant that the 20 to 80 percent residential use requirement only applied if a proposed development included a residential component, noting, “We are bound, as is the Town, to conform to the unambiguous language of the law as it is written.” The Court also rejected the Town and the applicant’s suggestion that such an interpretation would lead to an absurd result by requiring even the smallest developments to include 20 to 80 percent residential uses, noting: (1) the comprehensive plan reflects an intent to transform the Old Cutler Road Corridor into a partly residential, pedestrianfriendly town center; and (2) it was plausible that the Town wanted to incentivize larger redevelopments within the corridor, as opposed to smaller piecemeal redevelopments.

In conclusion, the Court noted that the Town had the power to amend its comprehensive plan if it was dissatisfied with the language therein. In this regard, however, the Court stated: We do not condone nor will we be party to a process of what amounts to a judicial amendment, based upon a municipality’s attempt to circumvent the requirements of the legislative process that led

to the adoption of the comprehensive plan by altering the plain meaning of its comprehensive plan. To do so would usurp not only the power of the Florida legislature by casting aside the laws regarding the proper comprehensive plan amendment procedure, but also the power of the municipality, whose comprehensive plan would no longer yield to the collective will of the residents of the Town, but would instead bend to the will of the judiciary.

This case is yet another reminder that courts will apply the plain and unambiguous language of a comprehensive plan when reviewing the same and will not give carte blanche deference to the local government’s interpretation.

Based upon such decision, local government planners may want to review their locale’s plan to ensure that any mixeduse matrix thresholds therein are being applied correctly to avoid a similar result. continued on next page

Winter 2017 / Florida Planning 21

[LAW CASE] UPDATE

continued from page 21

Friguls v. City of Coral Gables, 24 Fla. L. Weekly Supp. 482a (Fla. 11th Cir. Ct. Oct. 18, 2016) The City Commission approved a development application and three residents who lived within 1,000 feet of the project filed a petition for writ of certiorari to challenge such approval. The City and the applicant argued the petitioners lacked standing. The Circuit Court concluded that the residents failed to demonstrate how the project would impact them more negatively than the impact upon the general community, and, thus, lacked standing to maintain their challenge.

In dismissing the petition, the Circuit Court reiterated that a court determines a petitioner’s standing to pursue certiorari relief based upon the evidence received during the quasi-judicial hearing, not the allegations in the petition.

This case stands as a reminder of the necessity for the opponents of a project to demonstrate standing pursuant to Renard v. Dade County, 261 So. 2d 832 (Fla. 1972), during the quasi-judicial zoning hearing itself.

Sandhu v. Town of Magnolia Park, 24 Fla. L. Weekly Supp.

493a (Fla. 15th Cir. Ct. Oct. 25, 2016) The applicant filed a special exception application for the approval of a medical detoxification center, and the Planning and Zoning Board denied such request. The applicant filed a petition

22 Winter 2017 / Florida Planning

for writ of certiorari claiming the Zoning Board departed from the essential requirements of law and its denial was not supported by competent substantial evidence.

On review, the Circuit Court held that the applicant had met his initial burden of demonstrating compliance with the Town’s requirements for a special exception, and, thus, the burden shifted to the Zoning Board or opponents to demonstrate by competent substantial evidence that the request did not in fact meet the published criteria. In this regard, the Circuit Court noted that “[t]he Zoning Board is required to make findings of fact, or have evidence supporting its decision to deny an application, and may not simply state as a conclusion that the special exception criteria are violated.” Reviewing the record, the Circuit Court concluded that the Zoning Board’s denial was not supported by competent substantial evidence where the only testimony in the record “was not factbased” and consisted of “a generalized statement of opposition.”

This case is an example of the burden-shifting standard applicable to special exceptions and conditional uses, and a reminder that a summary conclusion that “the special exception criteria are violated” is not sufficient to uphold a denial absent competent substantial evidence in the record supporting such determination.

David Theriaque is with the firm of Theriaque & Spain in Tallahassee.

He can be contacted at dat@theriaquelaw.com.

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Winter 2017 / Florida Planning 23

[CONSULTANTS] DIRECTORY Advertise in the Consultants Directory The Consultant Directory is a fitting place to showcase your firm. $250 buys space for a year in the newsletter (five issues) plus inclusion in our webbased consultant directory. Display ads to promote your business, conference, projects and more are available. Contact the Chapter office at 850-2013272 for rates and details.

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[FLORIDA] PLANNING Published by the Florida Chapter, American Planning Association, the Florida Planning newsletter has a current circulation of 2,600 members, subscribers and other readers. Four issues are published a year.

CHANGES OF ADDRESS For APA members, Send to: Member Records Department American Planning Association 205 N. Michigan Ave., Ste. 1200 Chicago, IL 60601 Fax: 312-786-6700 or log onto www.planning.org/myapa

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

The next issue will be published April 2017.

DEADLINES Article deadlines are generally four weeks prior to publication.

Ad deadlines are generally two weeks prior to publication. Consult the editor for any exception to this schedule.

ABOUT THE CHAPTER APA Florida is a non-profit organization funded through membership dues and fees.

Contributions are also welcomed for general purposes and earmarked programs. Please note that contributes are not tax deductible.

For news and information on Chapter concerns, visit the APA Florida website at www.floridaplanning.org.

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

[THANK YOU] TO OUR ANNUAL SPONSORS

[UPCOMING] EVENTS FEB. 3: TARPON SPRINGS SPONGE DOCKS BOAT & WALKING TOUR Tarpon Springs. The APA Florida Sun Coast Section is offering a free boat tour of the Historic Tarpon Springs Sponge Docks followed by a walking tour. The boat ride will feature a diver dressed in traditional diving gear who will retrieve a sponge from underwater, as well as a narrative of the history of sponge diving in Tarpon Springs. We will also have Libby Carnahan from the UF/IFAS Extension on board to talk about environmental aspects of the area. Information here.

FEB. 8: APA FLORIDA MOBILE TOUR & PUBLIC POLICY WORKSHOP Tallahassee. APA Florida is once again hosting its Mobile Tour & Public Policy Workshop. The twomile mobile tour will take participants through Tallahassee’s award-winning Cascades Park, College Town, Railroad Square Park concluding at business incubator DOMI Station. The one-day policy workshop is the place to learn what pertinent policy changes may impact the planning community -- from the national, state and legal areas. Save the date! Information here.

FEB. 15: IMPLEMENTING WATER 2070 WEBINAR: WATER CONSERVATION PLANNING FOR FLORIDA COMMUNITIES 1000 Friends of Florida will host a webinar to review the significant water conservation measures that are essential to lessen development-related water demand in Florida over the coming decades.

Dr. Pierce Jones, Director of the University of Florida’s Program for Resource Efficient Communities, will discuss water conservation planning for Florida’s communities based on a series of studies he’s conducted on behalf of the Toho Water Authority, Envision Alachua (Plum Creek), and other local governments, developers, and water authorities. Information here.

FEB. 15: WEBINAR: THE ROLE OF PUBLIC HEALTH IN COMPLETE STREETS What’s the connection between public health and Complete Streets? And how can professionals in public health and transportation work together to create streets that are safe and convenient for a variety of active transportation choices? This is the first webinar in our new series Implementation & Equity 201: The Path Forward to Complete Streets, a new series of discussions designed to help professionals from a variety of disciplines put Complete Streets principles into action. Information here.

FEB. 21: GOING UNDER? SEA LEVEL RISE AND WHAT WE’RE DOING ABOUT IT Tallahassee. William Butler, associate professor of urban and regional planning, discusses how planners in Florida are responding to the long term and slowly emerging changes associated with accelerating sea level rise in the state most vulnerable to rising seas. Policy Pub is the informative social series of topical talks and discussions presented by the Florida State University College of Social Sciences and Public Policy. Information here.

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