Florida Planning Magazine | Winter 2024 by APA Florida

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

PUBLIC HEALTH & SAFETY - Winter 2024

florida.planning.org

Urban Air

The rapidly emerging Urban Air Mobility industry and technology is something planners need

Mobility:

A NEW FRONTIER FOR CITY AND REGIONAL PLANNERS By Randy Goers and Susan Swift, AICP

to watch closely as it poses both benefits and challenges for integration into the urban fabric and transportation systems of our communities. WHAT IS IT? Urban Air Mobility (UAM) is the use of small, automated aircraft to carry passengers or cargo at lower altitudes in urban and suburban areas. These aircraft use multiple electric-powered rotors or fans for lift and propulsion and include electric vertical-takeoff-and-landing aircraft (eVTOL) and unmanned aerial vehicles (UAVs). They can be manned or unmanned (a/k/a drones) – and are far more agile and efficient than traditional helicopters. The future is here: In a groundbreaking event, Wisk Aero recently showcased the world’s first autonomous air taxi in a public demonstration flight, The upcoming 2024 Paris Olympics will further highlight this technology, with Volocopter set to provide air taxi services. A variety of passenger vehicles are being manufactured and vertiports are being designed, anticipated to have commercial passenger service operational within two years in twenty cities around the globe – including Miami. continued on page 4

continued on page 4

ALSO IN THIS ISSUE

Technology Advances in Health & Safety

Safe Schools for All Balancing Community Access and Safety

2024 Florida Planning Conference: Areas of Focus

Land Use & Planning Law Case Updaet

Floridas 61 Newest AICP Members

Interested in Serving on the APA Florida Executive Committee?

OTHER FEATURES President’s Message - p. 3 Executive Director Message - p. 17 APA Working for You - p. 18 Consultants Directory - p. 33 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 Whit Blanton, FAICP

727-464-8712

president@floridaplanning.org

Immediate Past President

Wiatt Bowers, AICP

904-363-8488

pastpresident@floridaplanning.org fx

President-Elect

Allara Mills Gutcher, AICP

850-319-9180

presidentelect@floridaplanning.org

Professional Development

Henry Bittaker, FAICP

561-523-0687

profdevelopment@floridaplanning.org

VP Continuing Education

Lara Bouck, AICP, PE

407-481-5672

certmaintenance@floridaplanning.org

VP Membership/Outreach

Ennis Davis, AICP

904-396-5727

membership@floridaplanning.org f

San Felasco Section

Gerry Dedenbach, AICP

386-518-5120

sanfelasco@floridaplanning.org

Gold Coast Section

Fabian De La Espriella, AICP

786-245-5202

goldcoast@floridaplanning.org

First Coast Section

Casey Dendor, AICP

352-408-6881

firstcoast@floridaplanning.org

Capital Area Section

Kwentin Eastberg, AICP

561-436-4843

capitalarea@floridaplanning.org

VP Communications

Amy Elmore, AICP

813-273-3774

communications@floridaplanning.org

Treasure Coast Section

Scott Evans, AICP

727-462-2518

treasurecoast@floridaplanning.org

University Liaison

Van Linkous, Ph.D.

863-271-6154

university@floridaplanning.org

VP Conference Services

Eddie Ng, AICP

401-524-3263

conferencesvcs@floridaplanning.org

VP Section Affairs

Ali Palmer

850-553-3528

sectionaffairs@floridaplanning.org

Atlantic Coast Section

Brad Parrish, AICP

321-567-3776

atlanticcoast@floridaplanning.org

Secretary

Jill Quigley, AICP

954-641-5680

secretary@floridaplanning.org

Sun Coast Section

Nousheen Rahman

703-981-7215

suncoast@floridaplanning.org

Orlando Metro Section

Roxann Read, AICP, CMA, FRA RA

407-245-0300

orlandometro@floridaplanning.org

Treasurer

John Roach, AICP

561-822-1448

treasurer@floridaplanning.org

EPG Representative

Jarrell Smith

407-839-4006

epg@floridaplanning.org af

Promised Lands Section

Laura Tefft, AICP

239-462-3452

promisedlands@floridaplanning.org

Emerald Coast Section

Melissa Ward, AICP

850-499-3735

emeraldcoast@floridaplanning.org

Heart of Florida Section

Julie Womble

863-860-5105

heartoffl@floridaplanning.org

Broward Section

Hing Wong, FAICP

925-549-2000

broward@floridaplanning.org

Student Representative

Vacant

Executive Director

Stefanie Svisco

850-201-3272

ssvisco@floridaplanning.org

Ad. Assistant/Bookkeeper

Suzie Gray

850-201-3272

sgray@floridaplanning.org

Communications Manager

Patti Shea

850-201-3272

pshea@floridaplanning.org

Legislative Representative

Lester Abberger

850-524-2779

lesterabberger@gmail.com

Communications Intern

Tyler Hast

850-201-3272

intern@floridaplanning.org

Graphic Design (Consultant)

Summer Taylor

727-452-2416

summer@exaktmarketing.com

students@floridaplanning.org

All other inquiries, contact APA Florida at 850-201-3272 or e-mail contact@floridaplanning.org.

2 Winter 2024 / Florida Planning

PRESIDENT’S MESSAGE OLD FOLKS BOOGIE

I was introduced to the band Little Feat while working in Florida’s restaurant industry as a 16-year-old Sarasota high school student. Their Waiting for Columbus album is a great live performance, and its mesmerizing sound and clever lyrics made a distinct impression. One track in particular, Old Folks Boogie, aside from its commentary on old age, suggests parallels with the planning profession and the State of Florida: And you know that you’re over the hill When your mind makes a promise that your body can’t fill Doin’ the Old Folks Boogie And boogie we will ‘Cause to us the thought’s as good as a thrill Making promises that we can’t fulfill is a problem. That’s why we have the consistency doctrine between comprehensive plans, land development regulations, and capital improvement programs, and why we adopt financially feasible long-range plans. Growth without vision often results in disaster, and Florida is growing fast. But creating a vision and approving a plan without the hard work behind specific mechanisms to implement it – financial commitments for design, construction and maintenance and approving policy and regulatory changes – is either wishful magical thinking or a con worthy of The Music Man. It’s a lot like your mind making a promise that your body can’t fill. For years Florida’s political and state government leaders have invited people from other states to migrate here on promises of cheap land, prime fishing, warm temperatures, low taxes, waterfront living, and freedom (pick your theme of the decade). We’ve painted a picture of a Sunshine State designed for care-free living without the taxation and regulatory burdens of states in the Northeast or Midwest. The post-pandemic migration dynamics are changing Florida. Florida’s population, already old, is quickly getting much older. The fastest growing age cohorts are people in their 60, 70s and 80s. Through 2030, those over age 60 will account for 52 percent of the state’s growth, while people ages 0-17 and those ages 25-35 each will comprise just 15 percent of that growth. Will exploding housing costs, threats of climate change, raging culture wars and prohibitive insurance exacerbate those trends? Is that a policy outcome we can sustain? Florida needs diverse, thriving generations that support each other through jobs, services, and spending. But with state government policy, lately it seems like we’re excluding things more than including them through state preemption laws that restrict local government actions, caps on how much state transportation money can go to transit, and a loosening of environmental policies while tightening laws against reading, teaching, and acknowledging our diversity. It’s the homogenization of Florida, creating one size fits all approaches to governance and crowding out social, cultural, and geographic identity. If all your tools are hammers, everything looks like a nail. Our collective mind makes promises when we create visionary plans to adapt, build, and connect. Our body uses policy and programs to carry them out, sometimes through transformational projects. As those policies and projects advance, the legislative and policy pushback is real. We hear things like density creates crime, we’re destroying _____ (fill in the issue du jour: neighborhoods, efficient roads, society), and we should change the name of Complete Streets or Bus Rapid Transit because those are “trigger words.” Don’t build more housing until Problem X is solved. Vision Zero is woke. As a former mayor of my city once said, “Everybody is in favor of safety, but….” If we say there are things we want – good paying jobs, more housing choices, safe streets, better transportation options, then we must follow through on policy and implementation like the land development code or the complete street project. We must make the case for action, for funding; otherwise, it’s just the thought being as good as the thrill. ELECTIONS FOR THE 2025-26 TERM It’s time once again to think about giving back to the planning profession as we develop a slate of candidates for office. Have you volunteered at the Section or Chapter level on a planning event or activity? Maybe now’s the time. APA Florida has formed a Nominating Committee reflective of our chapter’s diverse geographic areas and perspectives. In the coming weeks, you will see a Call for Nominations for members to either self-nominate or nominate a colleague for a leadership position within continued on page 18

Winter 2024 / Florida Planning 3

[URBAN AIR] MOBILITY

continued from cover page

OPPORTUNITIES UAM offers substantial benefits in terms of traffic reduction, economic growth, and environmental sustainability. It offers a new mode of transportation for cargo and humans – and has the potential to reduce the number of vehicles on the road – especially for short intracity trips. The shift from fuel to electric energy also promises to reduce oil dependency and carbon footprints. CHALLENGES While UAM presents exciting opportunities, it also comes with challenges for planners – particularly concerning the development and integration of “vertiports,” the facilities where they air taxis takeoff and land. Planners must consider several factors, including: • Site Selection: Determining appropriate locations for takeoff and landings, such as airports, office tower roofs, new vertiports.

ROLE OF PLANNERS IN THE UAM ERA Planners need to begin educating themselves on what is happening on the federal regulatory front and in the industry. The FAA is advocating for US technologies in this market and there are a variety of product types under development by global companies. Understanding the opportunities of the technology will be important so planners can advise policy makers where, when, and how to accommodate these modern technologies and services. Urban Air Mobility IS coming. As we have throughout history, planners have a role to play helping the public and elected officials understand and balance new concepts and community issues. The complex challenges of site selection, intermodalism, and community acceptance of new vertiports and use of existing facilities is only one of the challenges Florida planners will be facilitating in the next few years.

FOR MORE INFORMATION • FAA Concept of Operations • NASA Advance Air Mobility Initiatives • Urban Air Mobility News • Drone Radio Show • The global timetable for AAM and UAM launch and development – Urban Air Mobility News

• Zoning: Are locational and design criteria necessary for new vertiports? • Integration with Existing Transportation: Ensuring systems complement traditional multi-modal networks. • Equity and Accessibility: Addressing concerns about UAM being an exclusive service for the affluent. • Public Funding: Will public dollars be used to facilitate services and what does this mean for the overall system design and operation?

Randy Goers is the recently retired Planning Director for the City of Tampa, with more than 35 years of planning experience. He is also the creator and host of the Drone Radio Show Podcast. He can be reached at droneradioshow.com. Susan Swift is the Planning Director for BBEBoggs Engineering LLC. She can be reached at sswift@boggseng.com.

Ideas Transform Communities The greatest accomplishments start with the smallest details.

Seabreeze Boulevard, Daytona Beach, FL

4 Winter 2024 / Florida Planning

Winter 2024 / Florida Planning 5

TECHNOLOGY ADVANCES In Health & Safety Susan Swift, AICP

The Centers for Disease Control and Prevention (CDC) cites traffic deaths among the top 10 causes of death in the U.S. – with 42,700 deaths in 2022. In addition to the crushing human toll, it costs families, businesses, and taxpayers billions of dollars each year. Sadly, the numbers are increasing. Speed is the leading cause for vehicle fatalities while larger vehicles and darkness are major factors in bike/pedestrian deaths. Technology is not only being used to gather and analyze data in order to help isolate the major causes, but it has also become a significant part of the solutions toolbox:

tors. New technology and new ways to use it are emerging every day to address the growing crisis but there is still so much more to do. As planners, we should continue to look at preventative and holistic solutions in addition to capital improvements and roadway design changes. Traffic safety has traditionally focused on infrastructure and vehicle solutions to reduce the number RESOURCES of accidents or minimize injuries and fatalities. We do need more NHTSA: Traffic Crashes Cost America bike lanes, road diets and infrastrucBillions in 2019 ture improvements. We do need bells and beeps on our cars to know NYT: Why Are So Many More Pedestrians when we’re lane drifting. Dying in the U.S.? But a true Vision Zero will • Distracted driving and drunk also require human behavior to driving simulations for teen U.S. DOT Highway Research Center change. Nearly all traffic deaths driver education are caused by human error, not Turner-Fairbanks Human Factors • Understanding degrees of a mechanical or road design Laboratory driver impairment with drug problem. Whether it be speed, agtypes, Parkinson’s disease, etc. gressive attitude, not knowing the Smart Eye: www.smarteye.ai • Eye-tracking and other vehicle new traffic laws or forgetting the technologies old rules you learned when you Skydio: Police & Law Enforcement • Virtual reality and simulation got your first license at sixteen, Drones identifying driver compre90 percent of traffic deaths are hension of road design and caused by people. signage effectiveness Stay tuned for solutions that use technology to train or In January, the Federal Highway Administration announced retrain human behavior to avoid accidents in the first place. that “humorous, obscure and unconventional traffic-safety New approaches may use simulation technology in driver limessages” can no longer be used on changeable message cense tests and driver re-education, and deployment of drones signs. We assume this was the result of a technology-based to enforce aggressive highway driving where it is not safe for study of unintended consequences and not a lack of humor. police to follow. It is notable that the CDC understands that this is a public Susan Swift is the Planning Director for BBE-Boggs continued on page 7 health crisis – and there is more collaboration between health Engineering LLC. She can be reached at sswift@boggseng.com. and transportation professionals in the public and private sec-

6 Winter 2024 / Florida Planning

Design with Data-Driven Plans Today’s planners face a greater number of challenges than they did just 10 years ago. And these challenges are more complex—from overseeing housing capacity and affordability to managing pressing comprehensive plans to tackling zoning reform—all while ensuring that decisions meet the changing needs of the community. Planners need tools that help them to • Understand and analyze neighborhood characteristics. • Derive business intelligence from permitting to identify trends and patterns. • Determine and promote sustainable and equitable policies. • Support civic inclusion to hear all the voices of a neighborhood. • Empower scenario planning and design to meet the needs of residents. Esri’s geographic information system (GIS) technology provides the software, solutions, services, and training to enable planners to leverage a geographic approach in designing sustainable and thriving communities.

Download your copy of the ebook.

go.esri.com/walkablecommunities

g4058300-planning-magazine.indd 1

6/1/23 9:15 AM

Winter 2024 / Florida Planning 7

Balancing Community Access and Safety By: James Lipsey, AICP Candidate

Families across the nation are grappling with a new reality that requires increasing community interventions. Gun violence in schools wreaks havoc on the mental and emotional wellbeing of millions.1

The lingering social effects of the COVID-19 pandemic affects younger adolescents in particular, derailing their typical social development and triggering an increase in counseling.2, 3 And a 40-year high inflation rate costs the average U.S. household an additional $433 per month, making it more difficult for many to afford housing, transportation, and groceries.4 Adapting to this new reality means providing more and better access to public assistance, social services, and other resources that our students and families need. One way to improve access is to bring the needed services to where many families already go – their local public school. Toward that end, the Florida Department of Education has established a program to create community schools that provide wrap-around services. A wrap-around school is both a place and a set of partnerships between the education system, the nonprofit sector, and local government agencies. By providing students with access to healthcare, counseling, and social services, schools can help students adjust to and overcome challenges such as poverty, homelessness, and mental health issues. Whether services are provided on the school campus or coordinated through locally available service providers, wrap-around schools also foster a sense of community and belonging amongst students and families, contributing to increased engagement and academic success.5 continued on page 9

8 Winter 2024 / Florida Planning

[SAFE] SCHOOLS

continued from page 8

The concept of wrap-around schools is gaining traction nationally. In Florida, at Pinellas Park Middle School in Pinellas County, the school district partnered with local organizations to provide students with access to a range of services, including mental health counseling, dental care, and after-school programs. And in New York City, at Fannie Lou Hammer Freedom High School, partnerships with the Children’s Aid Society Bronx Family Center (located three blocks from the school) and the Helen Keller Institute provide comprehensive health services ranging from free eyeglasses to a specialized teen clinic, as well as extended learning programs focused on youth development, culinary arts, and engaging a student government with local officials. 5 Providing wrap-around services at public schools, however, creates a dichotomy between community access and school security. The increasing need for community services must be balanced with the need to protect against increasing threats from domestic abuse, sexual predators, and gun violence. Following the tragic mass shooting on Feb. 14, 2018, at Marjory Stoneman Douglas High School in Parkland, the Marjory Stoneman Douglas Public Safety Act was signed into law.6 This act requires Florida’s schools to improve safety and security. Key considerations include:  Site Hardening: Perimeter fencing, access control, and visitor management systems.

SOURCES: 1. New study of gun violence in schools identifies

long-term harms

2. How the Pandemic Changed Family Dynamics 3. Covid: The devastating toll of the pandemic on

children

4. Moody’s: Inflation boosts average household

spending by $433 a montH

5. Establish Community Schools and Wraparound

Supports

6. Explaining Florida’s New School Safety Law 7. Congressional Research Service: School Safety

and Target Hardening

TO LEARN MORE: Florida Department of Education – Safe Schools Learning Policy Institute – Restarting and Reinventing School

 Building Hardening: Reinforced doors, windows, and walls, and perhaps bullet-resistant glass.

 Communication Systems: Emergency alert systems, two Surveillance Systems: Increasing video surveillance, access control systems, and intrusion detection. School planners, architects and administrators must determine how to include these protective elements in a way that still makes a school feel welcoming and inviting. A school’s built environment needs to instill a sense of trust and security. A school that supports its students’ physical and emotional wellbeing, while allowing for community connection and engagement, helps contribute to a positive school climate, which promotes desirable outcomes for students and schools alike.7 School and community planners must take an increasingly broad view of the multi-faceted roles that schools play in our community. Schools will always be educational institutions. But they also need to be safe places that protect not only the lives of students and teachers, but also the wellbeing of the entire community. James Lipsey, AICP Candidate, is the Manager of Planning, Design & Construction for the Hernando County School District. He can be reached at lipsey_j@hcsb.k12.fl.us.

Transportation planning professionals. People experts. Prequals: 2.0, 13.3, 13.4, 13.5, 13.6

way communication devices, and panic alarms.

• MPO/TPO long-range planning • Multimodal conceptual design • Roadway safety audits • Traffic analysis • Complete streets corridor studies • Multimodal transportation and trail master plans • PD&E studies

Join our PD&E Group! Open AICP and PE positions!

Contact: Peyton McLeod, PTP peyton.mcleod@patelgreene.com or visit us at www.patelgreene.com

Tampa | Bartow | Orlando | Sarasota

Certified DBE/MBE

Winter 2024 / Florida Planning 9

EXPLORE ENTERPRISE PERMITTING & LICENSING TO

MODERNIZE

YOUR PLANNING AND PERMITTING WORKFLOWS Create a more efficient planning and permitting workflow with Tyler’s comprehensive Enterprise Permitting & Licensing software. From electronic plan reviews to mobile inspections, Enterprise Permitting & Licensing can bring your county or municipality’s planning and permitting activities online to reduce turnaround time, increase community engagement, and break down silos.

tylertech.com/planning

10 Winter 2024 / Florida Planning

2024 Florida Planning Conference TAMPA l SEPTEMBER 3-6, 2024 Welcome to Building Bridges, Connecting Communities! Communities!

The APA Florida Sun Coast Section is pleased to host FPC24 from Sept. 3 – 6, 2024. From the historic Ybor City to the recently redeveloped St. Pete Pier, Tampa Bay exemplifies the dynamic interplay between tradition and innovation. In an era of rapid change, planners play a pivotal role in shaping the future of our communities. Through Building Bridges, Connecting Communities, we aim to create an environment that fosters dialogue, innovation, and collaboration among planning professionals, academics, and community leaders. We seek to explore and celebrate the multifaceted aspects of urban planning that contribute to building resilient bridges and fostering meaningful connections within and between communities. At this year’s conference, our focus is on enhancing opportunities for professional development, engaging students and emerging planners, organizing interactive mobile tours and sessions with a community service orientation, all while highlighting the vibrant Tampa Bay region.

See you all in the Big Guava!

continued on page 12

SPONSOR FPC24 Welcome to the revised APA Florida Annual and Conference Sponsorship Program. For 2024, we are thrilled to announce that the program has been updated with opportunities for all organization sizes and budgets. One of the biggest changes to note is that we now have four options available at the annual sponsorship level with yearlong event exclusive options. Through one of these levels, you will support planners and planning in Florida while elevating your organization’s visibility. While several benefits have been added and others updated, the same conference level sponsorship and vendor and booth opportunities are also still available that will place your brand in front of a captive audience. This new sponsorship guide is sure to have something for all styles and we are excited for you to take a look!

Winter 2024 / Florida Planning 11

[CALL FOR] PRESENTATIONS

continued from page 11

AREAS OF FOCUS COMMUNITY PLANNING & DESIGN This area would include sessions on community planning and designrelated topics, such as urban design, historic preservation, placemaking, economic development, community health planning, facilities planning, age-friendly communities, legacy communities, and school planning. MOBILITY & LAND USE This area would include sessions on mobility and land-use-related topics, such as connections between land use and transportation, transit planning, and zoning. RESILIENCY & NATURAL RESOURCES This area would include sessions on topics related to resiliency planning and natural resource protection such as hazard mitigation, green infrastructure, water resources, agriculture, rural planning, wildlife corridors, and parks planning. HOUSING This area would include sessions on topics related to housing, including housing affordability and accessibility, short-term rental regulations, affordable housing, and ongoing housing issues. INNOVATIVE APPLICATIONS OF TECHNOLOGY & DATA This area would include sessions on topics related to innovative applications of technology and data including trends, applications of technological tools and programs in planning such as GIS and artificial intelligence. FUNDAMENTALS OF PLANNING & PROFESSIONAL DEVELOPMENT This area would include sessions focusing on fundamentals of planning and professional development-related topics, such as ethics, law, grant writing, community engagement/advocacy best practices, leadership, and career growth.

12 Winter 2024 / Florida Planning

VOLUNTEER OPPORTUNITIES Are you interested in contributing to the success of the conference? If so, we invite you to lend a hand with our planning efforts! To get started, complete the online volunteer form and the local host committee will reach out to you with further details and opportunities!

800.482.2864 www.wadetrim.com

PLANNING STRONGER COMMUNITIES For nearly a century, we’ve been developing creative and thoughtful solutions to strengthen communities and improve our quality of life. We adapt our work processes to fit the unique demands of each project using a collaborative, friendly style. The result? Solutions you can stand behind.

Winter 2024 / Florida Planning 13

LAND USE & PLANNING LAW CASE UPDATE by: David A. Theriaque, Esq., Theriaque & Spain

3HWA LAND HOLDINGS, LLC V. CITY OF BONITA SPRINGS, LEE COUNTY CIRCUIT COURT CASE NO. 21CA-004285 (OCT. 20, 2023) On April 21, 2021, the City of Bonita Springs City Council (“City Council”) decided to not transmit to the Florida Department of Economic Opportunity (now known as the Florida Department of Commerce) an amendment to the City of Bonita Springs Comprehensive Plan (“City’s Comprehensive Plan”) that was proposed by 3HWA Land Holdings, LLC (“Proposed Imperial District Amendment”). The Proposed Imperial District Amendment would have created a new Imperial District Future Land Use Category and amended the City’s Future Land Use Map designation for 328.13 acres of land (“Property”) owned by 3HWA Land Holdings, LLC (“Property Owner”), from the city’s Density Reduction Groundwater Resource Future Land Use Category (“DRGR”) to the newly created Imperial District Future Land Use Category. As a result of this proposed amendment, the maximum density for the Property would have increased from approximately 32 dwelling units to 700 dwelling units. On April 18, 2022, the Property Owner filed a four (4) count Amended Complaint against the City of Bonita Springs, Florida (“City”). Count I was an action for a declaratory judgment alleging a violation of the Property Owner’s substantive due process rights. Count II was an action for a declaratory judgment alleging a violation of the Property Owner’s procedural due process rights. Count III was an action for injunctive relief based on the substantive due process claim in Count I. Count IV was an action for injunctive relief based on the procedural due process claim in Count II. The Property Owner alleged numerous violations of its procedural and substantive due process rights, including, but not limited to, the following: The City Council’s decision not to transmit the Proposed Imperial District Amendment lacked a rational basis and was not fairly debatable. The City Council had been precluded from considering traffic and transportation issues when evaluating whether to transmit the Proposed Imperial District Amendment. The City Council erred by relying upon public comments in opposition to the Proposed Imperial District Amendment.

14 Winter 2024 / Florida Planning

The City Council failed to provide the Property Owner with “procedural due process” at the City Council Hearing on the Proposed Imperial District Amendment. The City Council violated the Property Owner’s procedural due process rights by “limiting” the Property Owner’s testimony and evidence at the City Council Hearing on the Proposed Imperial District Amendment. On October 20, 2023, the Circuit Court rejected all of the Property Owner’s claims and entered its “Order Granting Defendant’s Motion for Final Summary Judgment and Denying Plaintiff’s Motion for Summary Judgment and Memorandum of Law.” In so doing, the Circuit Court concluded, in part, as follows: “[T]he Court finds that the City Council’s legislative decision is ‘fairly debatable.’ Indeed, there are many conceivable reasons why the City Council could decline to adopt the specific policy vision proposed by the Plaintiff. Moreover, while the actual reasons for a legislative decision are irrelevant for purposes of ‘fairly debatable’ review, it must be noted that the concerns identified herein were explicitly addressed and recognized at the City Council Hearing.” “The Proposed Imperial District Amendment . . . would increase the permitted density on the Property from approximately thirty-two (32) dwelling units to 700 dwelling units. Such a density change in an environmentally sensitive area is, in and of itself, a legitimate policy basis on which the Proposed Imperial District Amendment could be denied.” continued on page 15

[LAW CASE] UPDATE

continued from page 14

“The evidence demonstrated that the Proposed Imperial District Amendment could impact traffic and transportation, require the City to spend public funds on roadway and bridge expansion, and abandon its pedestrian-friendly plans for Terry Street. These considerations constitute legitimate policy reasons to not adopt the Proposed Imperial District Amendment.”

“It is well established that procedural due process does not apply with respect to legislative decisions. … Thus, there can be no claim against the Defendant for a ‘procedural due process’ violation as a matter of law, and, for this reason alone, the Defendant is entitled to the entry of summary judgment on Counts II and IV.”

“[A]ccording to the evidence presented, the Proposed Imperial District Amendment would direct 700 dwelling units away from the downtown area and into a rural area, which Defendant states is inconsistent with the City’s Strategic Priorities of ‘DRGR Protection’ and ‘Downtown Revitalization.’ . . . Indeed, Council Member Quaremba identified this issue at the City Council Hearing. . . . This likewise presents a conceivable basis for the City Council’s decision to not adopt the Proposed Imperial District Amendment that is ‘fairly debatable.’”

“The Plaintiff complains about the ‘motives’ behind the City Council’s decision. . . . This is legally irrelevant. Members of a local government’s legislative body are permitted to form opinions about legislative policy matters. . . . Indeed, this is what they are elected to do.”

“The Court further finds that the specific relief sought in Count III of the Amended Complaint – an order directing the City Council to adopt the Proposed Imperial District Amendment – would violate the separation of powers doctrine.”

The Property Owner did not appeal the Circuit Court’s decision and, thus, the Circuit Court’s decision is final and effective. This case assists planners by explaining the standard of review for the denial of a proposed comprehensive plan amendment, by analyzing the potential grounds for such a denial, by affirming the extreme deference afforded to legislative decisions such as the denial of a proposed comprehensive plan amendment, and by reaffirming that procedural due process does not apply with respect to such legislative decisions. If you desire a copy of this 33 page decision, please e-mail your request to me at dat@theriaquelaw.com.

THE MESSAGE IS CLEAR: WE MUST MOVE FORWARD WITH INCREASED PACE AND PURPOSE IF WE’RE GOING TO REACH NET ZERO TARGETS. THE URGENCY NEEDED CANNOT BE UNDERSTATED, NOR CAN THE IMPORTANCE OF STRONG, DECISIVE GOVERNMENT ACTION. THOUGHT LEADERSHIP IN A COMPLEX WORLD. ATKINSGLOBAL.COM

Winter 2024 / Florida Planning 15

Congratulations to

Florida’s 61 Newest AICP Members APA Florida is proud of our 1,700+ members who have joined ranks as members of the American Institute of Certified Planners (designated as AICP). We want to congratulate our most recent members as well as celebrate those members who have committed to maintaining their certification through the years. For more information on the May exam, study guides and groups, please visit the AICP Exam & Preparation page. Congratulations to the following members who passed the AICP Certification Test in November 2023: Shaun Amarnani Christopher Anuszkiewicz Amanda Ashby Maya Athanas Connor Baird Justin Baldwin Tia Boyd Nathaniel Chan Craig Chandler Tiffany Chen Xinyi Chen Morgan Cook Carson Crockett Salvatore Cumella Aaron Demayo Taylor Dinehart

16 Winter 2024 / Florida Planning

Patrick Dutter Rosanna Edwards Olivia Ellison Kelly Ferraiolo Marissa Fewell Alyssa Flandermeyer Tess Flemma Navael Fontus Samantha Graves Austin Grubb Rachel Hansen Michael Hanson Kyle Harris Holly Irish Amir Jamali Ann Johnson

Sribhava Kakani Liliana Kolluri Tyler Laforme Lukas Lambert Nicholas Lewis James Lipsey Jacob Lujan Evan Magley Margot Maurer Tanja McCoy Andrew Meyer Nathan Milch Christina Miskis Samantha Morrone Logan Patterson Kathrina Regnier

Christopher Rosenberg Lauren Rushing Dawn Russell Christian Santa Gonzalez Sarit Sela Anne Marie Sillaway Danielle Stewart Yihang Sui Peter Traficante Amber Tyrie Max Wemyss Kayla Witkowski Chieh Yang

A MESSAGE FROM THE EXECUTIVE DIRECTOR

Stefanie Svisco As I round out my first year as Executive Director, I am proud of all we have accomplished and look forward to continuing to thrive as an association in the years ahead. Already a month into 2024 legislative session, we hosted our annual Public Policy Workshop offering insights on what’s happening in Tallahassee and have dispatched our weekly Legislative Reporter.

New for us this year, the chapter office assumed control of the Orlando Metro Section's extremely popular Planning Officials Training and are taking it on the road! We are moving full steam ahead with providing this training in locations across the state, so far in Walton Beach, Deland, Pasco County, and Marion County. If this is something you are interested in bringing to your area, please contact us and we will begin planning with you. One of the big projects in my first year was to revamp our annual and conference sponsorship programs. These new sponsorship opportunities include exclusive offers and more options for our partners to choose what is best for their organization and budget. Finally, planning for FPC24 is in full swing and your conference committee is preparing many inspiring activities to be enjoyed and knowledge to be shared. I am also currently working on conference contracts for 2025, 2026, and 2027. These upcoming conferences are sure to continue to grow and expand our reach and provide great opportunities for our members.

Thank you for an amazing first year. Have a wonderful spring!

INTERESTED IN SERVING ON THE APA FLORIDA EXECUTIVE COMMITTEE? Want to help your fellow planners? Want to be more involved with APA Florida? Here’s your chance! Run for a statewide APA Florida office. Every two years, APA Florida elects its statewide officers to the Executive Committee. The Nominating Committee is actively seeking candidates for the positions listed below. Elected candidates will serve from January 1, 2025, through December 31, 2026 (except President Elect who will serve as President Elect, President, and Immediate Past President starting January 1, 2025, and ending December 31, 2030). The links below provide position descriptions: • President-Elect • Vice President for Professional Development • Vice President for Membership and Outreach Services • Vice-President for Conference Services • Vice-President for Section Affairs • Vice President for Continuing Education

• Vice President for Communications • Secretary • Treasurer If you are interested in running for a position, please complete our candidate interest form here no later than March 4, 2024. If you would like more information or to consult with a member of the Nominating Committee, please reach out to any one of us. We are happy to chat. • Chair: Wiatt Bowers, AICP | Immediate Past President • Corinne Arriaga, AICP | Equity, Diversity & Inclusion Representative • Allara Mills Gutcher, AICP | President-Elect • Fabian de la Espriella | Gold Coast Section Chair • Roxann Read, AICP, CMA, FRA RA | Orlando Metro Section Chair If you need further information, contact the Chapter Office at 850-201-3272 or here. We look forward to hearing from you!!!

Winter 2024 / Florida Planning 17

APA FLORIDA WORKING FOR YOU FPC24 PLANNING IS UNDERWAY! The 2024 Florida Planning Conference Host Committee is steadfastly planning this year’s program, expected to draw 1,000 attendees in Tampa. We received more than 100 panel proposals, making it a difficult decision for the panel selection committee. We can tell you that this year’s mobile tours will explore the wonders of Tampa Bay and the featured speakers will inspire us all. Stay tuned through the FPC24 website or on our social media accounts for all conference announcements. If you are interested in volunteering, sign up here. It’s a great opportunity to meet new folks and helps us execute this terrific four-day event.

LEGISLATIVE ACTIONS The 2024 Legislative Session is underway and APA Florida’s Legislative Policy Committee is keeping tabs on all the proposed bills that could impact how we plan communities. This year we have prioritized: Affordable Housing, Infrastructure Investment, Storm Sustainability, Public Participation, and Protecting Local Initiatives. To date, here our stance on the more substantial legislation: SUPPORT SB 738/HB789 are matching glitch bills for the Live Local Act. We are generally in support of these bills; however, we have heavy concerns about the added floor area ratio preemptions. We signed a collaboration letter to DEP Secretary Hamilton that asks him to clarify with legislative leaders that the bills’ allowance of awarding attorneys fees would be in noncompliance with the Clear Water Act. “We ask that you consider, and advise the Legislature on, the implications of noncompliance with EPA regulations requiring public participation in the permitting process, including the potential revocation of state assumption of 404 permitting.” SB 224/HB 413 would allow citizen advisory committees, whose membership is composed solely of representatives of four or more counties, to meet virtually. AGAINST SB 266/HB 287 prohibits FDOT from annually committing more than 20 percent of fee-driven revenue to public transit projects. We are also sending our weekly Legislative Reporter to keep you updated on all Tallahassee news. 18 Winter 2024 / Florida Planning

Finally, we hosted 266 attendees for our all online 22nd Annual Public Policy Workshop, which included sessions on the Live Local Act, the Florida Property Insurance Crisis, the Florida Economy, and a Planning in the Courts update.

PLANNING OFFICIALS TRAINING ROADSHOW The Planning Officials Training that has only been hosted at our conference each year, is on the road! We hosted pilot events in Walton Beach and Deland last year. This year we are building up a roster of Comprehensive Planning, Zoning, Future Planning Trends, Land Use Law, and Public Participation expert who can help us train appointed/elected planning and zoning board members and other local officials who would like to learn how planners plan. If you would like to host POT in for your county/city, fill out this form. To date we have events scheduled in Marion County, Ocoee, and Miami-Dade County.

[PRESIDENT'S] MESSAGE

continued from page 3

APA Florida. (page 17) Elections will be held this summer. Please give some thought to serving. Some of the best advice I ever received in my career came from former City of Orlando Planning Director and APA Florida President Rick Bernhardt, who encouraged me to run for chair of APA’s Transportation Planning Division. I had only served as newsletter editor, was just starting my new business, and it seemed like a big leap. He said “You will meet and get to know some of the best planners and places in the country.” He was exactly right, and now I’ve had 20+ years in various leadership roles. We need to make room for new leaders who want the best for this state and APA Florida. Consider stepping up and into a new role. You’ll be glad you did.

Whit Blanton FAICP APA Florida President

[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 (four issues) plus inclusion in our web-based consultant directory. Display ads to promote your business, conference, projects and more are available. Contact the Chapter office at 850-201-3272 for rates and details.

In a Livable Community, people of all ages can make their town or city a lifelong home. Learn about what’s happening in Florida. Contact Laura Cantwell at lcantwell@aarp.org.

Trusted Advisors, Creating Community®

Build & launch community-centered engagement plans.

www.etminc.com 904.642.8990

Scan the QR code to schedule a call with our team.

Prioritize the Human Element in Designing Your Neighborhood Use geographic information system (GIS) technology to determine how, where, and when your designs can have the greatest impact to improve quality of life.

Learn more, visit esri.com/APA.

MWBE vendor. Womxn-owned social enterprise.

Ideas transform communities

D Ex eli tr ver ao in rd g in Th ar e y

hdrinc.com

hntb.com

Ensuring Vibrant Outcomes

from Roots to Life

1.800.880.8241 • www.corradino.com

COMPREHENSIVE PLANS/ZONING CODES • PUBLIC ENGAGEMENT MULTIMODAL STUDIES/COMPLETE STREETS • TRAFFIC/TRANSIT EVALUATION & APPRAISAL REPORTS • GROWTH MANAGEMENT DEVELOPMENT REVIEW/GOVERNMENT STAFFING CITY • COUNTY • FDOT • MPO

Trial • Appellate Planning and Land Use Law • Administrative Comprehensive Plans • Land Development Codes Orlando Office Tallahassee Office Telephone: 407.347.5388 Telephone: 850.224.7332 sbs@theriaquelaw.com dat@theriaquelaw.com www.theriaquelaw.com

Winter 2024 / Florida Planning 19

We see the future and we plan it dcp.ufl.edu/urp

NED BAIER, AICP

Senior Planning Manager

Environmental Studies

ned.baier@volkert.com 823.245.1618

Urban Planning

Volkert Inc.

2300 Maitland Center Parkway Suite 320 Maitland, FL 32751

MPO & Municipal Work

We see the future

·····---------------------

See what we see...

and we plan it

Where some see letters on a degree, we see limitless careers. Where some see an obstacle, we see an opportunity. Our students and alumni are impacting the globe at every level, from our coastlines to our cities and communities. We aren't just focused on planning for the future, we're focused on the future of planning.

Scan or visit:

dcp.u/1.edu/urp

[THANK YOU] TO OUR ANNUAL SPONSORS

[FLORIDA] PLANNING Published by the Florida Chapter, American Planning Association, the Florida Planning digital magazine has a current circulation of 3,000 members, subscribers and other readers. Four issues are published a year.

[UPCOMING] EVENTS

CHANGES OF ADDRESS

MARCH 28: 2024 FLORIDA LEGISLATIVE SESSION RECAP WEBINAR

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 May 2024.

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

Webinar. Hosted by APA Florida. From the Live Local Act glitch bill to local preemptions to infrastructure funding to rail expansion, our webinar will recap all the bills that affect how we continue to plan Florida. Free. 1.5 CM or 1 Law CM. Register here.

REGIONAL LIVE LOCAL ACT WORKSHOPS

Webinars. Hosted by Florida Housing Coalition. The Florida Housing Coalition will facilitate seven regional workshops for local government staff to share best practices, experiences, and lessons learned to date on the implementation of the Live Local Act. Local housing and planning staff are encouraged to attend to learn best practices for implementation, to brainstorm how to tie the Live Local tools with existing local housing initiatives, and to generate regional approaches to affordable housing policy. All events will be held on Zoom. Click here to register for your regional webinar.

PLANNING TO PROTECT THE FLORIDA WILDLIFE CORRIDOR SERIES

Webinars. Hosted by 1000 Friends of Florida. 1000 Friends of Florida will host a free four-part online seminar that will provide valuable information on Florida-specific planning and land conservation strategies that help save special places and build better communities in our rapidly growing state. • April 4: Looking at the Big Picture | 2 CM | Event #9284639 • April 10: Fostering Community Vision | 2 CM | Event #9284640 • April 24: The Planning Toolbox | 2 CM | Event #9284641 • May 1: Building a Big Tent | 2 CM | Event #9284642

PLANNING ACADEMY 102

Are you working as a planner, in either the public or private sector, and find you still need to know “the basics” or need a refresher to do your work well? Are you struggling to understand what other planners seem to automatically just “know”? Then this series of workshops is for you! Each month, a Planning Academy 102 session will explore a different topic with a seasoned expert who will break things down on your level. Plan to join us for one, two, or all of our noon webinars to increase your knowledge about relevant planning topics and earn AICP CMs. All webinars are free. .5 CM available.

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 contributions are not tax deductible.

To register for March or April events, click on the date in the table.

For news and information on chapter concerns, visit the APA Florida website at florida planning.org. APA Florida 2017 Delta Boulevard, Suite 101 Tallahassee, FL 32303 Phone: 850-201-3272 Fax: 850-807-2576

Topics

Speaker

Date

Dealing with the Politics

Tammy Reque, AICP, MPA

Mar. 21

DRC Committees

Nic Thalmueller, AICP

Apr. 18

Historic Preservation

Christine Dalton, AICP

May 16

Impact Fees

City of Orlando

June 20

Basic Architecture

Eric Luttman, AIA

July 18

Basic Landscape Architecture

Galen Pugh, AICP, PLA

Aug. 15

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