HomeMy WebLinkAbout2000 10 04 Regular Item E
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
LOCAL PLANNING AGENCY AGENDA ITEM
II. E.
CARROLL REZONING
(REZ-2-2000)
Staff Report
APPLICABLE LAW AND PUBLIC ,OLICY:
Sec, 20-57 of the City Code states "The planning and zoning board shall serve. . .to
recommend to the City Commission the boundaries of the various original zoning
districts. . ,and any amendments thereto, , .act on measures affecting the present and
future movement of traffic, the segregation of residential and business districts and the
convenience and safety of persons and property in any way dependent on city planning
and zoning,"
CONSIDERA TIONS: ,
I. SUMMARY OF APPLICATION
APPLICANT:
OWNER:
Luther & JoAnn Carroll
11909 Narcoossee Road
Orlando, FL 32827
Luther & JoAnn Carroll
11909 Narcoossee Road
Orlando, FL 32827
REQUEST:
The applicant is requesting a change of Zoning Map designation from County A-3
"Agriculture" (Max. 1 DU per 3 acres) to the City's C-I "Neighborhood" designation.
PURPOSE:
To develop the property for commercial retail purposes rather than for agriculture or
residential.
Local PlaIming Agency
October 4, 2000
Carroll Plan Amendment
SS-CP A-I-2000
A. SITE INFORMATION
1. PARCEL NUMBER
25-20-31-5BA-0000-0] 90
2. ACREAGE:
10 acres approximately.
3. GENERAL LOCA TION:
Approximately six hundred (600') feet west of the intersection of S.R. 434 and
DeLeon Street, on the north side of S.R. 434 and adjacent diagonal to the Battle
Ridge property (Bellaire Subdivision).
4. LEGAL DESCRIPTION:
LOT 19, VAN ARSDAl,.E OSBORNE BROKERAGE CO,'S ADDITION TO
BLACK HAMMOCK, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 1, PAGE 31, PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA. LESS ROAD RIGHT-OF-WAY.
5. CHRONOLOGY OF SUBJECT PROPERTY:
The property has been in the unincorporated area of the county.
6. DEVELOPMENT TRENDS:
This general area along S.R. 434 in proximity to the beltway is experiencing
development pressure. In recent years the McKinley's Mill residential
subdivision was built on the south side of S.R. 434 approximately 1,800 feet
west of the subject property. The Battle Ridge property was approved for a 110
lot residential subdivision and conservation area. Along the north side of S.R.
434 near the Battle Ridge property and 1,200 feet west from the subject
property (Carroll), the former Wofford/Slappey Property was annexed into the
City and was designated on the City's Future Land Use Map as "Commercial"
and rezoned by the City to C-I "Neighborhood Commercial" . This property is
the site of the future Winter Springs Executive Office Park. The Lamoureux
Property on the north side of S.R. 434 approximately 1,000 feet west of the
subject property was annexed into the City and designated "Commercial" on the
City's Future Land Use Map and rezoned C-I "Neighborhood Commercial" on
the City's Zoning Map.
7. EXISTING LAND USE OF SUBJECT PROPERTY:
The parcel is vacant and with complete tree foliage.
2
Local Planning Agency
October 4, 2000
Carroll Plan Amendment
SS-CP A-I-2000
8. LETTERS/PHONE CALLS IN FAVOR OR IN OPPOSITION:
No inquiries at the time of the writing of this Staff Report. The County and
Oviedo were notified in accordance with the Intergovernmental Planning
Coordination Agreement 1997" and Notice of Change of Land Use and Zoning
for the Carroll Property were published in the Orlando Sentinel on
September 22, 2000
B. EXISTING LAND USES ADJACENT TO SUBJECT PROPERTY:
North:
vacant, treed area
South:
S,R. 434 and south of that is vacant land.
East:
vacant, treed area (also Carroll Property)
West:
Church building ~pd parking lot and large cleared area behind.
C. FUTURE LAND USE DESIGNATION OF SUBJECT PROPERTY:
Existing:
(county) "Rural-3" (Max. 1 DU per 3 acres).
Requested:
"Commercial" .
D. FUTURE LAND USE DESIGNATIONS ADJACENT TO SUBJECT PROPERTY:
North:
(county) "Rural-3" (Max. 1 DU per 3 acres),
South:
(county) "Low Density Residential" (Max. 4 DU per acre).
East:
(Oviedo) "Low Density Residential" (1 - 3,5 DU per acre).
West:
(county) "Suburban Estates" (Max. 1 DU per acre)
E. ZONING OF SUBJECT PROPERTY:
Existing:
(county) A-3 "Agriculture",
Requested:
C-I "Neighborhood Commercial".
F. ZONING ADJACENT TO SUBJECT PROPERTY:
North:
(county) A-3 "Agriculture" (Max. 3 DU per acre)
South:
(county) A-I "Agriculture" (Max. 1 DU per acre).
3
Local PImilling Agency
October 4, 2000
Carroll Plan Amendment
SS-CP A-I-2000
East:
(Oviedo) A "Agriculture"
West:
(county) A-I "Agriculture" (Max. I DU per acre).
II. REZONING ANALYSIS:
The following summarizes the data and/or issues which staff analyzed in reviewing this
application.
A. PUBLIC FACILITIES:
1. ROADS/TRAFFIC CIRCULATION:
a, Availability of Access:
Access is to S.R. 434
b. Function Classification:
S.R. 434 is classified as an urban arterial.
c. Improvements/expansions (including right-of-way acquisition) already
programmed or'needed as a result of the proposed amendment.
At the time of development of the property, the developer would have to meet
the requirements of the Florida Department of Transportation for curb cuts,
decellanes, center turn lanes, etc.
2. SANITARY SEWER, SOLID WASTE, STORMW ATER MANAGEMENT,
POT ABLE WATER:
POTABLE WATER:
a. Facilities serving the site.
None,
b, Improvements/expansions needed as a result of proposed amendment:
The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office
Park property to the entrance. Any property owner to the east would pay the
cost to lay the water line to their properties, plus pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
4
Local PlillUling Agency
October 4, 2000 .
Carroll Plan Amendment
SS-CP A-I-2000
SANITARY SEWER:
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office
Park property to the entrance. Any property owner to the east would pay the
cost to lay the sanitary sewer line to their properties, plus pay a proportionate
share for extension of the trunk line coming to the Battle Ridge property
entrance.
-.'..
RE-USE WATER SYSTEM:
a. Facilities serving the site,
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. There are no plans to extend re-use water lines to serve the subject
property or Battle Ridge property.
DRAINAGE/STORMW ATER:
a. Facilities serving the site.
None. No structural drainage system,
b. Improvements/expansions needed as a result of proposed amendmelt:
If the property is developed, then the project must meet Sec. 9-241 City Code
requirements. Post development runoff cannot exceed pre-development runoff
(Use 25 year storm, 24 hour storm standard) Stormwater Calculations required
in retention ponds are to be constructed with storm pipes or swales, There must
be a clear recorded easement for the pipes and/or swales, The easement must be
definitive for maintenance of structural facilities,
5
Local Plmming Agency
October 4,2000
Carroll Plan Amendment
SS-CP A-I-2000
SOLID WASTE:
a, Facilities serving the site.
The City has an exclusive franchise agreement with a solid waste hauler, Florida
Recycling, until 2006,
b, Improvements/expansions needed as a result of proposed amendment:
None,
3, RECREATION AND OPEN SPACE
a. Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None. The property would not involve a residential component; hence no
requirement for recreational facilities or payment in lieu.
4. FIRE:
a, Facilities serving the site.
None.
b. Improvements/expansions needed as a result of proposed amendment:
None as a result of annexation of the subject property. This area is presently
covered by Fire Station # 26 at Northern Way. The response time is 4 to 5
minutes. A proposed Fire Station is to be located just west of Courtney Springs
Apts. The proposed Fire Station # 28 is scheduled to be built in Fiscal Year
\., 2003-4. The estimated response time when the new Fire Station is operational
would be 2-3 minutes, Under the First Response Agreement between the City
and the County, the City already services the subject property.
5. POLICE:
a. Facilities serving the site:
None.
6
Local Planning Agency
October 4, 2000
Carroll Plan Amendment
SS-CP A-I-2000
b. Improvements/expansions needed as a result of proposed amendment:
None, The response time to the subject property would be: Emergency
response time is 3.5 minutes, Non-emergency response time is 4.5 minutes.
The average is 4.3 minutes over the whole City.
B. CONCURRENCY MANAGEMENT:
The request on the subject property is for a rezoning and a small scale comprehensive plan
amendment which is viewed as a preliminary development order (where no approval for
construction is made) is not subject to Concurrency. Concurrency review has been
deferred until application for a final development order for the subject property, in
accordance with the Concurrency Management System established in the City's
Comprehensive Plan Volume 2 of2.
C. LAND USE COMPATffiILITY:'::;
1. SOILS:
The Soil Survey of Seminole County, Florida, published by the Soil Conservation
Service of the US. Department of Agriculture notes: AWhile many factors other than
soils are important in planning for orderly development, soil quality is a basic and
continuing factor. It demands full consideration, not only as a guide in determining
use but also as a measure of the kind and magnitude of problems that must be
overcome for specific uses. The decisions on urban uses are not necessarily
determined on the basis of suitability. The physical characteristics and qualities of
the soil become paramount, and interpretations are more directly concerned with the
limitations, restrictions, or hazards and suggests corrective practices needed to
prevent serious mistakes,=:
The soils on this property are: (#) - indicates soil map designation
(09) Bassinger, Delray fine sands
(10) Bassinger, Samsula, and Hontoon soils, depressional
(20) Myakka and EauGallie fine sands
(09) Bassinger and Delray fine sands: The soils in this map unit are nearly level and
poorly drained and very poorly drained. These soils are in sloughs and poorly
defined drainagew3ays. The slopes are dominantly less than 2 percent. The
soils in this map unit are poorly suited to use for homesites and other urban
development. The main limitation is wetness, To overcome wetness, a water
control system is needed to provide for subsurface drainage and to remove
excess surface water, Fill material should be added to make these s08ils
suitable for most urban uses.
7
Local PlaJUling Agency
October 4, 2000
Carroll Plan Amendment
SS-CP A-1-2000
(10) Bassinger, Samsula, and Hontoon soils, depressional - The soils in this map unit
are nearly level and very poorly drained. These soils are in swamps and
depressions. The slopes are dominantly less than 2 percent. In their natural
state, the soils in this map unit are not suited to use for homesites, commercial
or recreational development, or sanitary facilities. The main limitations are
ponding, excess humus, low strength, and subsidence.
(20) Myakka and EauGallie fine sands: The soils in this map unit are nearly level
and poorly drained. The slopes are dominantly less than 2 percent. The soils in
this map unit are poorly suited to use for sanitary facilities, building sites, or
recreational development. The main limitations are seepage and wetness.
Water control, including drainage outlets, is needed to overcome wetness. Fill
material should be added to make these soils suitable for most urban use,
1. TOPOGRAPHY:
.....
The subject property is overall twenty-five (25) feet above mean sea level.
2. FLOOD PLAIN AREA:
A review of the FEMA National Flood Insurance Program Rate Map (12117C0155-
E; April 17, 1995) appears to show all of the subject land is outside the 100 year flood
plain area. It is in Zone X in areas determined to be outside 500-year floodplain.
3. NATURAL RESOURCES, HISTORIC RESOURCES,
No natural or historic resources are known to exist on the subject land.
4. WILDLIFE AND SPECIES DESIGNATED AS ENDANGERED, THREATENED
OR SPECIAL CONCERN:
No federally listed endangered plants are known to exist in the county. It is essential
that surveys of such species be completed prior to site development of parcels
containing native vegetation communities. A wildlife survey of those species
designated as endangered, threatened or species of special concern is required prior to
final development approval for this property per 39-27,003.005 F.A.C.
D. CONSISTENCY WITH THE COMPREHENSIVE PLAN AND ZONING:
The City's Comprehensive Plan indicates that S. R. 434 is an urban arterial and is planned
as a commercial corridor. The City Commission has recently designated two (2) other
annexed properties [Wofford/Slappey and Lamoureux ]just to the west on the north side of
S.R. 434 as "Commercial" on the Future Land Use Map and rezoned those properties to
C-l "Neighborhood Commercial" on the City's Zoning Map, On the south side of S,R.
434, the City of Oviedo has an area designated CM "Commercial" on its Future Land Use
8
Local Planning Agency
OClober 4,2000
Carroll Plan Amendment
SS-CP A-] -2000
Map and LDR "Low Density Residential (1 -3.5 DU per acre) the McKinley's Mill
subdivision as well as the area around the curve that is in the City of Oviedo. That area on
the south side of S,R. 434 in Oviedo that is designated "Commercial" on their Future Land
Use Map is designated as C-l "Commercial" Zoning District, while the area of McKinley's
Mill is designated R-1 Zoning District Oviedo's Zoning Map. The area inside the City of
Oviedo arouond the curve of S.R. 434 that is designated Low Density Residential on their
Future Land Use Map is designated "Agriculture" on their Zoning Map.
E. JUSTIFICATION FOR REZONING:
1. Applicant wishes to develop his property for small commercial retail.
2. The immediate area is now becoming urbanized with new residential developments
and commercial within Y4 to 1 mile distance from the subject property.
3. . S.R. 434 is an urban arterial roadway and is more suited to commercial activity.
4. The depth of the property is approximately 600 feet, making it more appropriate for
small commercial retail than for a residential subdivision of 3 houses with current
county zoning of 1 house per 3 acres (A-3 "Agriculture").
5. This area is appropriate for neighborhood retail to serve the quick daily retail needs of
the local residential neighborhoods.
E. NUISANCE POTENTIAL OF PROPOSED USE TO SURROUNDING LAND USES.
The nuisance potential of the proposed use resulting from the change of Zoning Map
designation from county A-3 "Agriculture" to City C-l "Neighborhood Commercial" to
the surrounding properties should be minimal in view of the following:
· The proposed rezoning to C-I "Neighborhood Commercial" is an appropriate
commercial zoning category since Sec, 20-231 of the City Code indicates that the
"The C-1 Neighborhood Commercial District consists of lands abutting certain
principal streets, the frontages of which are especially adaptable to selected low-
traffic generating uses, . . ," This is the case with the applicant's (Carroll) property,
. The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The City's land
development regulations and the site plan review process of the Development Review
Committee can ensure the prevention or minimization of any potential nuisances.
Although the S,R. 434 Corridor New Development Overlay Zoning District
regulations do not include the subject property, the applicant indicated to staff he will
cooperate with the City to ensure the parcel meets or exceeds existing development
and aesthetic standards".
9
Planning & Zoning Board
October 4,2000
Carroll Rezoning
REZ-I-2000
. A ten (10) acre parcel with small retail establishments is not expected to significantly
affect the Level of Service LOS ofS.R. 434. At the time of site development, a
traffic impact analysis will be required to determine what measures will be required
to offset the impacts and maintain traffic flow.
. The proposed commercial use of the property is compatible with the existing land use
of properties to the west on the north side of S, R. 434. One property to the west of
the subject property involves proposed development of the Winter Springs Executive
Park, a three (3) building office park complex, and just to the west of that property,
there is an auto repair and salvage business. The property adjacent to the east is the
entranceway to Battle Ridge. There are other businesses e.g. antique shop, real estate
office to the west toward the beltway.
III.
FINDINGS:
".',.
. The general area along S..R", 434 in proximity to the beltway is experiencing
development pressure. Just to the west of the beltway, Hess Service Station has
been built, Kash-N-Karry Food Store is about to be built as well as the 252 unit
Courtney Springs Apartment complex. To the east the new Winter Springs
Executive Office Park will be built. This reflects the changing nature of the area
around the beltway and along S.R. 434, one that is evolving from a rural area to
an urbanizing area, Residential developments create a demand for retail
commercial to serve the needs of residents. This area is experiencing the
pressures of development primarily due to demand for new residential and
commercial development in a prime location along S.R. 434.
. The applicant's proposed rezoning from County A-3 "Agriculture" (Max. 1 DU
per 3 acres) to City C-l "Neighborhood Commercial" is compatible with the
commercial nature of an urban arterial such as S.R. 434, as well as with the
existing commercial establishments in the general area of S,R. 434 on the
northside.
. S.R. 434 is an urban arterial roadway and is more suited to commercial activity
along the frontage.
. The depth of the property is approximately 600 feet, making it more appropriate
for small commercial retail than for a residential subdivision of 3 houses with
current county zoning of 1 house per 3 acres (A-3 "Agriculture"),
. The City's Comprehensive Plan indicates that S. R, 434 is an urban arterial and is
planned as a commercial corridor. The City Commission has recently designated
two (2) other annexed properties [Wofford/Slappey and Lamoureux ]just to the
west on the north side of S.R. 434 as "Commercial" on the Future Land Use Map
10
Local PlaIUling Agency
October 4,2000
Carroll Plan Amendment
SS-CPA-I-2000
and rezoned those properties to C-l "Neighborhood Commercial" on the City's
Zoning Map.
· There are businesses along the north side of S,R, 434 just east of the beltway such
as an antique shop, real estate office, bicycle repair place, an auto salvage and
repair shop and an auto restoration business. At present, much of the area along
both sides of S. R. 434 east of the beltway to the curve at DeLeon Street is vacant.
Existing patterns of vacant land should not be confused with those lands that are
in specific use as rural residential neighborhoods. Distinctions should be made
regarding lands essential to preserving a rural lifestyle, (large lot single family
residential) and land on the fringe of urban development which is only considered
rural because it is vacant.
· The existing land use adjacent to the subject property is vacant on the south side,
south of S,R. 434, vacant to the north, though that portion to the rear of the
subject property will be (i"~~eloped as the Battle Ridge residential subdivision, and
the Winter Springs Executive (Office) Park on the west side of the subject
property and an auto repair and salvage business to the west of that.
· The City has development standards in its land development regulations to ensure
minimal impacts on surrounding properties, such as buffering. The State can
require deceleration lanes and center turn lanes to maintain traffic flow. The
City's land development regulations and the site plan review process of the
Development Review Committee can ensure the prevention or minimization of
potential nuisances,
· The developer of the Battle Ridge property will first extend the trunk line from
around Vistawilla Drive eastward past the Winter Springs Executive Office Park
property to the entrance. Any property owner to the east would pay the cost to lay
the water sewer lines to their properties, plus pay a proportionate share for
extension of the trunk line coming to the Battle Ridge property entrance.
· Although the S.R, 434 Corridor New Development Overlay Zoning District
regulations do not include the subject property, the applicant has indicated he will
cooperate with the City to ensure the parcel meets or exceeds existing
development and aesthetic standards,
II
Local Plmming Agency
October 4, 2000
Carroll Plan Amendment
SS-CPA-I-2000
IV. STAFF RECOMMENDATION:
Based on the Staff Report and the Findings, staff recommends the Planning &
Zoning Board make the following recommendation to the City Commission:
That the City Commission approve a rezoning of the approximately
10 acre Carroll Property changing the Zoning Map designation of
the 10 acre Carroll Property from County A-3 (Max, 1 DU per 3 acres)
to the City of Winter Springs zoning designation of C-l "Neighborhood
Commercial" .
ATTACHMENTS:
. Map of Subject Property,::-
. Zoning Map of the City Of Winter Springs.
. Zoning Map of the City of Oviedo.
Local Planning Agency
October 4, 2000
12
Carroll Plan Amendment
SS-CP A -1- 2000
ATTACHMENT A
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REZONING
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ZONING
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
PLANNING & ZONING BOARD / LOCAL PLANNING AGENCY
III. A.
COUNTY ZONING CLASSIFICATIONS
STAFF REPORT:
_.f..
The P & Z Board / LP A had requested i,nformation on the various Seminole County
Zoning Districts,
Attached is a table (Table of Zoning District Regulations) from the Seminole County
Planning Department Current Planning Division indicating the various zoning districts
and what they are along with Table 2.3 "Future Land Use Densities / Intensities
Designation Requirements" reJating the various FLUM designations to Zoning Districts.
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Communily Developmenl Depl.
Planning Division
PLANNING & ZONING BOARD / LOCAL PlLANNING AGENCY
IV. A.
LARGE SCALE COMPREHENSIVE PLAN AMENDMENTS
[ FALL CYCLE]
STAFF REPORT:
"'~'
There are five (5) large scale comprehensive plan amendment applications that have been
submitted to the City for review and transmittal to the Florida Department of Community
Affairs for their review and ORC (Objections, Recommendations, and Comments)
Report.
There will be a meeting of the Local Planning Agency in October to review and make
recommendation to the City'Commission on whether to transmit these applications.
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development Dept.
Planning Division
FOR YOUR INFORMATION
"..:;;.
Volume XII, No.5
. :'.'-' "",';'Y,.f~;<'l- .: ""> .,~. .'ll'_;....!:.\lor'....:!......
ING
August 2000
NEWSLETTER OF THE FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION
GOVERNOR APPOINTS GROWTH
MANAGEMENT STUDY COMMISSION
Governor Jeb Bush has
issued an Executive Or-
der creating a new Com-
mission to make recom-
mendations on the fu-
ture of growth manage-
ment in Florida, As
noted by the Bush Ad-
ministration, "the 23-
member Commission will focus on provid-
ing a blueprint for action that better ensures
quality communities well into the twenty-
first century, encouraging better citizen par-
ticipation, streamlining the complex pro-
cess of land planning, protecting priva,!e
property rights and fostering urban ren,ewal
and viable agricultural economies?' In an-
nouncing the Order, the Governor added,
"Floridians deserve to be part of a growth
management system that not only preserves
their quality of life, but is less complex,
less regulatory and more community based."
Appointees to the Commission have also
been announced and include a mix of leg-
islators, developers, local elected officials,
state agency heads and others, Among the
others are two APA members: Sergio
Rodriguez and Pat Blackshear, Sergio is
currently a University of Miami Vice Presi-
dent / Real Estate, whi Ie Pat serves as Plan-
ning Manager for Okaloosa County. Both
are well respected within FAPA and the plan-
ning profession. Department of Commu-
nity Affairs Secretary Steve Seibert, and
State Agriculture Commissioner Bob
Crawford, were also appointed. The group
will be chaired by Mel Martinez, current
County Commission Chair for Orange
COllnty.
All EXCClIlivl" Dirccfor h;I"; hCL'1! hircd-
Norma Lindsey of Miami, an attorney and
former managing director for the legal divi-
sion of Kelly Services. Staff of the Depart-
ment of COniJpunity Affairs, and Orange
County, will Support the Commission's ef-
forts, and the Florida Conflict Resolution
Consortium wi11 provide a facilitator for
Commission meetings.
Plans are in the works for establishing a se-
ries of Technical Advisory Committees
where parties with expet1ise in various fields
will address a range of specific issues that
the Commission is expected to consider.
such as the role of citizens in the growth
management process, the future of the De-
velopments of Regional Impacts (DR I) pro-
cess, how to address rural and agricultural
issues, and the roles of State and local gov-
ernments in implementing growth manage-
ment.
The new Commission will have an intense
schedule for completing its work, The
group's recommendations are due in mid-.
February, and it is slated to meet about ev-
ery three weeks in a race against the clock,
The time-line is meant to coincide with the
timing of the 200 I Legislative Session,
where the Bush Administration plans to pur-
sue significant changes to Florida's growth
management policies. An initial. meeting
has been set for August 9 in Orlando.
The Governor's Office announced on the
final day of the 2000 Legislative Session
that the Governor would be appointing a
Study Commission when it became clear
lhatlegislationto do so (which also included
conlroversial changes 10 lhe law) would not
p;ISS. Thc new COllllllissiol! has also been
fhL' sIIhiLTI tlf L';,rly C'1I11J"ll\'crs\' whcrL'h;.' ii,
composition has been criticized in the press
as lacking balance. As one frequently cited
example, only one environmental group was
named to the Commission while multiple
representatives of the development commu-
nity were chosen. Other public interest
groups were also absent from the list of ap-
pointees. Various organizations have urged
the Governor to expand the Commission to
broaden the interests and perspectives rep-
resented, including spokespersons for
neighborhoods, consumer and civic groups
and organizations otherwise focused on the
public interest. Some have also called for
broadening the Commission charge to bet-
ter reflect the concerns of such groups.
Included in this issue of Florida Planning
is a copy of the Governor's Executive Order
creating and setting forth the charge of the
Commission, along with the roster of ap-
pointees. To be placed on the mailing list
for notices of Commission proceedings,
contact the Bureau of Local Planning of the
Department of Community Affairs at (850)
487-4545.
Florida APA has been a strong supporter of
growth management, including improving
upon the current process, and we welcome
the opportunity to offer the new Commission
our technical expertise, historical insights and
policy recommendations on planning and
growth management issues and needs for
Florida. Watch for update reports in Florida
Planning and on the FAPA webpage
(www.tloridaplanning.org) - and be sure to
let the FAPA board. policy committees and
Chapter Office know your ideas, proposals
and commenlS onlopics at issuc in the growlh
managemenl rCVlew.
r.... .'
Marie York,;\ I CP
j'rt'.\idcJ11
):; :
L=
(954 J 762.5255
Joseph H. Bell,AJCP
..0ce Prl'sitlenf. P"(}Jf'.r.fiun{~" n/velo{Jlnl'f/l
;'..
~ .~- .~ '.
2 August 2000 . Florida" 1'lflllIlillg
'. ...';':.,....'. ,,'''. ...":'.::". L'.'" .':..' .',... ..,..':.. ','.'...' '",
... PresideJit'bMessage .... .
You kilOII' of Marie York as your Chapter Presidellt. YOII likely kilOII'
her professionally and by her contrilmtilll/s /(] Florida APA. /Jut there
is a lighter side, and certainly more advelllllresoll/(' aspect, /() Marie.
FAPA board members have gal/en inklings over tire years as she would
share tidbits about her travels, Since she has just returned from scuba
diving in Papua New Guinea, we fig II red this article was apropos.
Following, then, is an imerview with Marie by 0111' Executive Director,
Marcia Elder.
Marcia Elder (ME): Welcome back from another exciting trip. I'll bet
lots of folks would like to be in your shoes -. or your fins, as it were!
Marie York (MLY): That's true for some, but I doubt that my more conservative' sisters
would feel that way.
ME: Your sisters?
MLY: Yes, I h~)!~ four older sisters. We were raised with the ethic wherein hard work was
next to godliness. One didn't run off to foreign lands - such as Indiana.
ME: So, you evidently didn't scuba dive then either?
ML Y: Only in my dreams. As a kid I watched Lloyd Bridges in Sea Hunt on the black and
white TV with the snowy picture, I thought that being able to breathe underwater and
swim with the fishes would be miraculous. Never mind that I couldn't swim. I learned that
as an adult. After moving to Florida, and in a mood of celebration - it was my neighbor's
40'h birthday - we agreed to get certified to dive. That was my coming out party - much
more fun than a debutante's ball.
My dive buddy and I, Sue Fish - no kidding that's her name - would make beach dives
off Pompano and Fort Lauderdale. One afternoon, Sue, her teenage daughter, and I came
up out of the ocean after a dive and the kids started calling to their parents to look at the
Navy Seals. When they realized we were women we really got bombarded with questions.
All our dive gear was black in those days, divers were a novelty, and I guess we looked
quite strange. It was great fun.
ME: Is diving your excuse to roam the world?
MLY: That's what I tell my family. Several years ago I made a list of all the distant coun-
(continued on page 6)
~
i
'I
i
Professional Development in Forefront
by Joe Bell, AICP
FAPA Vice-President for
Professional Development
By the time you read this article, you will have received the
Florida Chapter, American Planning Association's (FAPA),
promotional conference program brochure (Florida 2000,
Planning the Millennium) and registration form for the an-
nual conference to be held this year at the Tampa Marriott
Waterside Hotel in downtown Tampa, from Wednesday
evening, September 20, to Saturday, after lunch, September
23. 0:"
Already a number of your professional colleagues have been
working hard to bring you a stellar selection of planning ses-
sions, mobile workshop tours, special speakers, and fun evening
receptions. So it's not too early to turn your attention ahead
and not let the early conference registration deadline (August
II) and hotel registration deadline (August 25) slip up on you.
The FAPA conference program broclwre has all you need to
know, and information about special speakers and other de-
tails are described elsewhere in this issue. If you did not
receive a copy or misplaced yours, contact the FAPA Chap-
ter Office in Tallahassee at 850-222-0808, or check FAPA's
website at www.floridaplanning.org. Hope to see you in
Tampa!
AICP EXAM
This year a record number of registrants, 1,464 candidates,
qualified to take the May 13, 2000 AICP exam. Pass/Fail
notification was set to be sent to all exam-takers on Friday,
July 14, with the Passing-candidates list to me and to the Chap-
ter Office on July 21. Congratulations to all who passed. The
Pass-list is posted on the Chapter website at
www,floridaplanning.org. If you want to start early on con-
tinuing education credits, you can accumulate between 13.5
and 15.5 CPDP credits by attending events at FAPA's annual
state conference in Tampa, September 20-23.
For those wanting to take the AICP exam in 200 I, here are
the deadlines and other information you will need to keep in
mind in the next 10 months.
New Fees
$.'iO - Applicatioll rilil1~~ fee
$250 - US (Domestic) test site registration fee
$360 - Foreign test site registration fee
Deadlines
Monday, December 11, 2000:
New application and filing fee due at AICP
(initial application)
Monday, March 5, 2001:
Text site registration and fee due at AICP
(approved applicants)
Saturday, May 12,2001:
Exam date
Request AICP Exam Application and Registration
Forms
Online:
Fax-on-Demand:
AICP Info Line:
E-mail:
AICP office:
www.planning.org
1-800-800-1589
1-800-954-1669
aicp@planning.org
202-872-0611
LOCAL WORKSHOPS
Since last fall, the Chapter has offered professional develop-
ment workshops to all FAPA Sections on a cost-share basis.
If the ballot circulated to all FAPA members and due back by
the beginning of August is approved, this program will be
expanded and more seminars will be made available to Sec-
tion members. The state board is excited about the possibili-
ties and we're confident you will be too. Be sure to let- your
Section Executive Committee know what kinds of programs
you would like to have presented so that FAPA's professional
development services can be tailored to meet the needs of
our members.
I look forward to seeing you at the September Conference!
Florida o' l'Il/lIlIillg . A lIgllst 2000 3
.. Sign up N o\V::~fo:t;::,the
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:,'::'.:, '.. . and much more!
To register or for further details, please visit our website at www.floridaplanning.org; ,':;.;;:~
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e-mail to cpi@creativepursuitsinc.com; call (850) 222-0808; or fax us at (850) 222-3741,::':;;
We look forward to hearing from you and
hope to see you at the Conference!
<1 August :WOO . /,'{()rid!l r /'{!lnning
A TilTIe for Change:
Growth ManagelTIent Needs ReforlTI
by Steven M. Seibert
Secretary
Florida Department
of Community
Affairs
I love planners. From
my early days clerking
for DCA, to my days as
an assistant county attorney, and then as a
Pinellas County Commissioner, I have spent
my entire career working closely with your
profession as we jointly grappled with land
use issues and disputes. No matter where
we call home - big cities or little towns, no
matter where we work - public or private
sector, we share a strong commitment to
our state and communities. Every planner I
have met believes the State's growth man-
agement laws need to be updated and, more
importantly, the outcome of our joint effort
must improve.
Which brings me to why I believe in growth
management reform:
I. Because the people of Florida deserve
the best government we can provide. Ev-
ery government agency has a never-ending
obligation to do better, to improve its ser-
vices or, as Governor Bush demands, to
"help people more." This obligation ex-
tends to both substance and process. Pro-
viding a valuable service inefficiently is
only marginally better that providing an un-
necessary service well.
2. Because the world has changed since
1985. It has been 15 years since the law was
enacted requiring each local government to
adopt a comprehensive land use plan sub-
ject to State review. At that time, many com-
munities had not even enacted zoning ordi-
nances, Today, each local government in
the state has adopted a plan and many have
sophisticated planning staffs which are
larger than the one at the Department of
Community Affairs. We have all had a
chance to assess the law, 'to see what has
worked and where iI, or we, have failed. II is
an appropriate time to look at the changing
and, I hope, maturing relationships among
stale, regional and local governments. Will
Rogcrs said it well: "Even if you are on the
righltrack. you'll gel run ovcr if you .ius I sil
there."
3, Because the world has changed, in both
how we communicate and the information
we are now able to easily access. In 1985,
personal email did not exist, the first laptop
computer had just been introduced and there
were less than 10,000 sites on the entire
Internet. Today we can provide to a city
planner in Lutz a GIS program with hun-
dreds of layers about soil type, drainage,
vegetation, etc. Better information, better
data, better discussion, better decisions.
These are the reasons, but how do we get
there? Since late last year, the Governor
and I have endorsed the creation of a growth
manageme~! study commission. Although
they did not reach consensus on many other
items, the Legislature agreed. Governor
Bush has issued an Executive Order creat-
ing such a Commission composed of a di-
verse and qualified group of individuals.
Their charge is nothing less than fundamen-
tal reform of the way we administer growth
management in this state. So what are the
obstacles to reform? First, at the state and
local levels, we don't know where we're go-
ing. "Any road is the right road when you
don't know where you're going." At the ]0-
callevel we have produced volumes of plan-
ning documents, but few with priorities
based on a community's vision for its own
future. This is even truer for the state. The
academic foundation of Florida's growth
management system is the State Com pre-
hensi ve Plan which consists of hundreds of
goals, objectives and policies with no
prioritization, and no connection to the state
budget or day-to-day decision making.
Second, we have an almost sacred tradition
of conflict over this subject matter. Whether
it's environmentalists versus developers,
local governments versus the State, local
governments versus regional planning
councils, citizen activists versus govern-
ment administration-we have been fight-
ing so long, we don't try to seek consensus
on fundamental growth management mat-
ters until the battle lines are drawn. A repre-
sentative of the Urban Land Institute in
Washington reccntly observed to me that
Florida is unusually polarized in this de-
bale. I am constantly reminded that no one
wins whcn wc seek to resolve our issues by
liligation, M:lI1Y have suggestcd our statu- .
tory system of adversarial proceedings to
resolve community land use disputes is it-
self counterproductive to reaching commu-
nity consensus.
The truth is the people of Florida are pretty
balanced. Local chamber of commerce
members may have strong environmental
ethics and the president of the local Audubon
chapter may also be a small business owner.
The people want to preserve our natural re-
sources and keep the economy robust, and
they don't see those goals as mutually ex-
clusive. The chasm we read about in news-
paper articles and editorials and sometimes
feel in debates in the halls of the Legisla-
ture is not so evident in the general popula-
tion.
Which brings me to one of the reasons for
asking for this opportunity to speak directly
to the members of the Florida APA. My
message has been garbled by the 'press and
at times by advocates for various interest
groups. This effort at growth management
reform is not aimed at "going backwards,"
but instead is targeted at how we can do it
better, with less bureaucracy and with more
meaning to the average citizen and local
decision makers. The timing of these ef-
forts is important as well, which is why we
endorsed legislation limited to what I have
been colloquially referring to as "low hang-
ing fruit." We suggested items that would
lessen the bureaucratic load without funda-
mentally altering any of the roles or func-
tions of any of the players in the growth
management system or diminishing the role
of the Study Commission. Ultimately, all
the legislation failed but I, for one, feel the
discussion on those items of interest to all
or some members was very helpful for the
upcoming, larger debate.
So where does this Secretary think we're
going and how are we going to get there?
For some time now, I have been expressing
the need for DCA to focus its efforts differ-
ently, to make them more meaningful. My
staff at DCA has proposed its own internal
reorganization to accomplish morc techni-
(cIlI/lil/l/c(/ IIII/Joge /0)
Florida ." /'/(//l/ling . ,\ lIgllst 2000 .5
(, August 21)1)1) . '''/orid" ,""/il/I/llIlg
(('lillfllllll'd Jmlll IllIg"~ 1)
tries I wanled 10 visil and concluded I would
be finishcd whcn I W:IS XX, I Ihink Ihal's a
wOrlhy goal. Howcvcr. my husband ob-
served that I keep adding 10 Ihc lis!.
ME: Whal's Ihe most memorable')
MLY: Cun I list Ihe lOp five? There's hang
gliding in the Andes. I was the last one to get
a guide and glider assigned to me and I was
upset that it was getting dark. Once I got alof!,
however, it was spectacular, the sun had set
and there was a full moon. But my Spanish-
speaking guide pointed to the ground and
said something that sounded like, "Look, your
friends, they leave," which seemed to be his
entire English vocabulary. Sure enough, there
was a trail of auto headlights snaking down
the mountain. For all the other gliders, our
group had pulled them down as' they
swooped in to land. Who was going to pull
us in? There I was, hanging out at 10,000 feet
or so above sea level, in the night, with a man
I only knew as Jose, who spoke a language I
could not understand, under a full moon in
the Andes. There wasn't anything to do but
trust. It was a glorious ride. We landed in the
valley somewhere. My friends in the vans were
not there - they were in a nearby pub cel-
ebrating with their celVazas. Jose and I folded
up the parachute and a van showed up and
lOok us to join the party.
That same week we went mountain biking in
the snow. Pretty courageous, or stupid, con-
sidering I'd never been on a mountain bike.
We had to circ'umvent rocks and boulders,
traverse a snow-fed stream. I was certain I was
going to die of hypothermia if I fell in. That
was a lot harder than hang gliding. Fortu-
nately, the guide stayed with me while my
'buddies' disappeared down the mountain.
ME: Working backwards, memory number
four?
MLY: That would be Truk Lagoon where the
Japanese Fleet was sunk during WWII. I don't
especially like wreck diving but those huge
ships were covered with soft corals and
sponges - teeming with life. We found live
ammunition, torpedoes, trucks, airplanes, mo-
torcycles, and even dishes. No skeletons. Ev-
eryone asks about skeletons. Also, watching
the sharks swim at Blue Comer in Palau was
pretty spectacular, If you'd never heard of
"Jaws" you would just think sharks to be gor-
geous creatures - slick and gracious. I've
only seen the vicious side in the movies.
Coming up from a night dive in Micronesia
was memorable. The dive wus grcat. but the
stars ovcrhead and the full mOOI1 wcrc sur-
rc;]!.
(('olllilllled Oil fJage /0)
LAND DEVELOPMENT AND ACCESS MANAGEMENT
STRATEGIES FOR INTERCI-IANGE AREAS
by Laurel A. Land, AICP
Highway interchanges can have a substan-
tial impact on the intensity of land develop-
ment in the surrounding area. An inter-
change provides accessibility, which in-
creases land value and encourages develop-
ment. When land development and access
are not properly managed, it often results in
safety hazards and interferes with the effi-
cient flow of traffic through and around the
interchange. Too many choices (such as
merge, through, and turn lanes, traffic sig-
nals, driveways, and median openings) cre-
ate confusion, causing drivers to slow down
or make erratic movements. This can im-
pair accessibility to businesses and result in
the need for costly retrofit projects. Bob
Layton, Professor of Engineering at Oregon
State University, asserts that the "inter-
change area is an extension of the freeway.
... [It] presents conditions that are complex,
unexpected and significantly different from
other nearby surface street conditions."
Perhaps if we thought differently about in-
terchange areas, we could plan them more
effecti vel y.
The Florida Department of Transportation
(FDOT) asked the Center for Urban Trans-
portation Research (CUTR) at the Univer-
sity of South Florida to study land develop-
ment and access management in interchange
areas. The project reviewed policies and
practices of local and state governments,
identified issues and problems in managing
interchange area development, and set forth
strategies for improvement.
The study concludes that it is critical to cre-
ate an uncluttered environment in inter-
change areas, with consolidated signage,
median controls, and clearly identifiable
access points, One way to achieve this is
through the development of local access
roads, as an alternative to successive drive-
ways on the arterial. Access roads reduce
driver confusion and improve traffic flow
and safety.
Local policymakers arc concerned Ihat ac-
cess controls would impede development.
The study round. however. Ihal elfcctive
, .
.. PEER
',,' ..
" TO.PEER
planning and access management helps,
rather than hinders, the development poten-
tial of interchange areas. Local access roads
open up more land for development, pro-
vide ease in accessing property, and preserve
safety on the surrounding roads, thereby in-
creasing development potential and encour-
aging more efficient land use.
:,,;
The interchange at 1-75 and Jones Loop
Road in Punta Gorda is an example of how
access roads crin be used to direct develop-
ment while preserving the function and
safety of interchange areas (Figure I). The
access road, as shown, is a consolidated
drive serving commercial development that
includes a hotel, restaurant, trucking facil-
ity, and other commercial uses. Figure 2
shows how the local roads, interparcel ac-
cess, and connectivity with side streets maxi-
mize the accessibility of businesses, while
channeling turning movements off the arte-
rial and away from interchange ramps.
The need for improved access management
is clear, but the separation of state and local
jurisdiction has made it difficult to accom-
plish. No single land use control or govern-
mental entity can achieve the desired results.
Effective interchange area management re-
quires a combination of techniques involv-
ing land use/zoning, subdivision regulation,
sign control, access management, and inter-
governmental coordination. Each serves a
separate function in the process, and incor-
porating several strategies ensures the in-
tended outcome.
When considering a new interchange or
modification to an existing one, it is impor-
tant to look beyond capacity analysis and
place greater emphasis on access manage-
ment measures. Most access management
classification systems require varying de-
grees of access separation at interchanges,
according to the extent of urbanization and
whether the cross roads are two-lane or four-
lane facilities. While this may work in other
states, Florida's rapidly-increasing popula-
tion and its booming tourism can turn a ru-
ral interchange area into a development
frenzy in a few short years. If development
is not anticipated, and the interchange is
designed for a continuing rural environment,
problems will result. High standards pro-
vide an environment for economic activity
to flourish, while maintaining a safe and ef-
ficient flow of traffic. For these reasons, it
is suggested that signalized intersections
should be separated from interchange ramps
by at least 1320 feet, and access connections
should not be allowed within 660 feet of a
ramp,
Interchanges affect land use, land values,
development, employment opportunities,
travel patterns, and taxes, in turn affecting
local and state governments, private citizens,
(continued on page 10)
W-l
0:::
::>
o
LL.
Florida' !'!rlllllillg . :\ lIgllst 20(}O 7
.1.
The Governor's Growth
EXECUTIVE ORDER NUMBER 2000-1l)6
U)lJrrrl15, it i,~ in the besl interests of the People of the Slale of F1orid;1 10 ensure snund planning for the management of
Floritb's land and water resources as such resources arc essential to our residents' quality of life and a strong economy, and
WlJrrL't15, Florida has, since the adoption of the Florida Environmental Land and Water Management Act of 1972, estab-
lished a statewide system of growth management which has become ;In integral pari of this Slate's governance and planning
for growth and development, and
llJl)rIT(15, Florida's growth management system is primarily comprised of the Local Government Comprehensive Planning
and Land Development Regulation Act, the Florida State Comprehensive Planning Act of 1972, the State Comprehensive
Plan, and the Florida Environmental Land and Water Management Act of 1972. and
WI)rrrl1s, the intent of the Florida Environmental Land and Water Management Act of 1972 is, in part, 10 protect water
quality and quantity, facilitate orderly and well-planned development. and protect the health, safety, welfare, and quality of
life of the residents of the state by adequately planning for and guiding growth and development, and
Whrrril5, the intent of the Local Government Comprehensive Planning and Land De\'elopment Regulation Act is, in part, to
preserve and enhance present advantages; encourage the most appropriate use of land. water, and resources, consistent with
the public interest; and deal effectively with future problems that may result from the use and development of land within
local government jurisdictions, and
llil)rrril5, although the processes established by these laws are well intended, the quality of growth has not met our expecta-
tions, the strains on infrastructure have been only marginally reduced and, in essence, we have created a more complicated,
more costly process without the expected corresponding benefits, and
WlJrrrils'. Florida's population is expected to increase by 50 percent from 15 million to 23 million over the next three
decades, with commensurate impacts to the state's natural resources and public infrastruclure, and
Wl)rrril5, Florida's growth management system is and should be periodically reviewed in order to assure the system contin-
ues to meet the needs of a diverse and growing state and to make adjustments as necessary based on the experience of
implementing the system, and
1l>1)rrril5, Florida's system should foster urban renewal and the continued viability of agricultural economies, while allowing
for rural economic development and protecting the unique characteristics of rural areas; reduce the complexity of the
regulatory and bureaucratic process, while carrying out the intent of the laws; and encourage greater citizen participation.
and
Wf)CrrilS, it is in the best interests of the People of Ihe State of Florida to comprehensively consider and assess the current
effectiveness of the system of laws and rules which comprise our growth management system at all levels ai' government, to
determine what revisions are needed to provide incentives for urban redevelopment, to give local government more tlexibil-
ity to achieve state goals, and to reduce the complexity of the regulatory and enforcement process for citizens and localities,
thus providing a blueprint for action that better ensures quality communities well into the next century,
NOW, THEREFORE, I, JEB BUSH, Governor of the State of Florida, by virtue of the authority vested in me by the
Constitution and laws of Florida, do hereby authorize, order and direct that the Growth Management Study Commission be
created, with membership, term of service, compensation, staff, and scope of inquiry. as follows:
( I) The Commission shall be appointed by the Governor. One member shall be designated by the Governor as Chairman. Up
to four members shall be members of the Legislature who shall be appointed with the advice and consultation of the Presi-
dent of the Senate, and the Speaker of the House of Representatives. The Secretary of the Department of Community Affairs
and the Commissioner of Agriculture shall serve as voting members, The Secretary of the Department of Transportation, the
Secretary of the Department of Environmental Protection, and the Executive Director of the Fish and Wildlife Conservation
Commission shall serve as ex-officio, non-voting members, The ~Ippointments shall retlect the diversity of Florida's citizens.
;!nd should include individuals wilh interests in srowth management. business and economic development. envirolllllent;1I
protection, agriculture, city. counly. and regional governments, educalion, and public s~li'cly_
(2) The lirst meeting of the Commission shall be Ileld Ill) !;Iler th;1I1/\UgUSt 15. :2000, At least si:\ of the meetings of the
Commission sh;1I1 be held in difi'crent regilllls Ilf llle st:lll'. ;lIlll sh;1I1 include ~1I1 opportunity to solicit inpul I'i'lllll the public,
(:>) E;lchlllember of till' CIlllllllission is entitled to Ilne \llte, ;IIHI ;ICtillll of thl' Cllllllllission is Illll hinding UllleS_s t;lf;en hY;1
Ihree-/il'ths voll' of Ihe Illl'lllhers presenl.;\ 1/"lll-IIl11, \\-Ilicll sh;i11 Cl'>Il\ISllll-;1 1ll;ljorilY Ilf the vIlllllg ml'l11hlTS, is rel/Ilirl'd fllr
;1 hilldillg \Ili,',
1.1) ;\s p;lrt Ill' tllc reVIl~W. tile CIl/11lnis\lllll ,1l;lIlc'lll\,ilkr I-c'!:ilc't! II-c'I\\I, ;11\\1 CIIIHlitilllb ;lIleclillg Illc' l'Il\II'll/ll11c'I\1. Cl'IlIHlIll)',
;1I\d '1u;t1iIY lli-lik ill \:!llrid;\ ;1J\d sh;t11 idcllill-\ ;1J)llI'''I'li,lIl' ",,;t1~ ;11\d dl'slrc'd illltc''''lk'' I"lr pLtJ\llillg .Illll dirn'till~ Ihe fUlure
S Allgllst 2000 . F{orida . {'{anning
Management Order
~
growth of our slatc, including lhe delinc:llion or issues of slalc signilicance. Thc Comlllission sh:i11 recommcnd state,
regional and locallcvel implclllent;l1iOll slrategies 10 IUrlher the go;i1s and achievc the desircd OulCOllles. Inm:lking its
recommendations, Ihe Commission sh:i11 consider all relcvanttopics, including, but nol lillliled 10:
(a) The most appropriatc means to communicate the go:i1s and desired outcomes including the future rok, if any, and conlent
of those ponions of the State Comprehensive Plan which arc pertincnt to the state's physical growth and development, the
state land development plan, and the grllwth nl<1nagemenl guidelines provided in section I X6,OOl), Florida Statutes.
(b) The respective roles and responsibililies of the Deparlment of Community Affairs and other state, regional. and local
government entities in the preparation, adoption, and compliance review of local government comprehensive plans and plan
amendments, including methods to improve coordination and streamline processes. and address greater than local issues.
(c) The necessity of integrating public education and public safety into the state's growth planning, Addilionally, the Com-
mission shall consider, in identifying goals and desired outcomes for growth policy. existing and future infrastructure and
service needs, and the technical and linancial capabilities and needs of cities and counties as well as other forms of local
governments to meet the recommended responsibilities,
(d) Guiding the content of local government comprehensive plans to provide for meaningful community-based planning
which retlects regional differences, as well as the complexities, sizes, growth rates, and other factors associated with loca]
governments in Florida.
(e) The roles and responsibilities of citizens in the devcl.opment, adoption, compliance review. and judicial or administrative
review of comprehensive plans, plan amendments, ancHand development regulations. and the process for ensuring consis-
tency between comprehensive plans and development orders.
(I") Whether the development of regional impact program should be replaced, repealed. or incorporated in whole or in part
into the local government comprehensive planning process.
(g) Whether adequate protection for property owners is provided as called for in the Constitution.
(h) Development of a state rural policy that includes mechanisms for rural economic development and the continued viabil-
ity of agricultural economies while protecting the unique characteristics of rural areas. Such mechanisms may include a
program of innovative planning and development incentives, economic incentives, and other measures. such as incentives to
reward best management practices, providing ~ost-enicient delivery of public services, and a statewide system for transfer-
ring or purchasing development rights through a rural lands stewardship program,
(i) Other public and private incentive~ for guiding development patterns, such as market and tinancial incentives, targeted
funding for priorities, state and local infrastructure spending policies as a method for directing growth to designated areas,
concurrency policies, and land acquisition incentives.
(5) The Commission shall, by February 15.200 I, provide to the President of the Senate, the Speaker of the House of Repre-
sentatives, and the Governor a written report containing specific recommendations for addressing growth management in
Florida in the 2\ st century, including legislative recommendations.
(6) The Chairman may establish and appoint any necessary technical advisory committees, which may include commission
members and nonmembers. Commission memhers and members of any technical advisory committees that are appointed
shall not receive remuneration for their services, but Commission members other than public orticers and employees shall be
entitled to be reimbursed by the Department of Community Affairs for travel or per diem expenses in accordance with
chapter 112, Florida Statutes. Public officers and employees shall be reimbursed by their respective agencies in accordance
with chapter I i 2, Florida Statutes.
(7) The Governor shall select an executive director and the executive director shall serve at the pleasure of the Governor.
The Department of Community Affairs shall provide other staff and consultants after consultation with the Commission,
Funding for these expenses shall be provided through the Department of Communit)' Affairs. The Commission shall receive
supplemental linancial and other assistance from agencies uncler the Governor's direct supervision, and such additional
assistance as is appropriate from the Executive Oftice of the Governor, the Department of Agriculture and Consumer
Services, andlhe Fish and Wildlife Conservation Commission.
(X) All agencies under the control of the Governor are directed, and all other ;lgellL"ies are requested. lO render assistance (0,
and cooper:lte with, the Commission.
(I)) The COJllmissioll shall conlinllc ill L'xis[ellCe until its objectives :m: :\chle\L'd. hill nol I:ILL'r Ih:1I1 h:hru:lry 15,200 I.
IN TES1'lI'vtONY WHEREOF. I h:I\'<': hereunlo sctmy hand and have caused Ihc (iIL':ll Se;d 'lllhL' S1:ltL' Ill' r:lorid:\lo he
aflixed ;11 T:dl:lklssee. Ihe Clpilol. Ihis :1rd d:iy or .lul:. 2 ()()().
1\1'TEST:
SECRETARY OF ST:\TE
/:I"ridl/ . /'Ir/l/llil/g . August 2000 Y
Volume XII, No. 7
ING
:li;
:.\ : September 2000
NEWSLETfER OF THE FLORIDA CHAPTER OF THE AMERICAN PLANNING ASSOCIATION
Vigilance Needed to Protect Florida's Precious Public Lands
THE LAND GRAB BILL IS STILL ALIVE
by Attorney General
Bob Butterworth
Florida's Attorney
-. General Bob
Butterworth Led the
charge against pro-
posals in the 2000
Legislative Session to revamp public
Lands policy. General Butterworth
will address Florida planners as part
of the FAPA 2000 Annual Conference
where he will receive the Chapter's
award for Outstanding Public Official
of the Year. In this article he share.s
his concerns about past and expected
legislative initiatives,
Like the monster in a slasher
movie, don't expect the Legislature's
"land grab" bill to stay dead for very
long.
Thanks to a tremendous pub-
lic outcry against their plan to give
away massive acreage of public wa-
terways, the Legislature failed to pass
the so-called "Florida Land Title Pro-
tection Act" earlier this year. The ef-
forts of land planners throughout
Florida were instrumental in killing the
monster. Keeping it dead, however,
will take continued vigilance and a
great deal of hard work. Thwarted in
the most recent Session, sponsors of
this awful piece of legislation arc sure
10 Iry again nexl year. So even Ihough
the monster was killed, it may still
wreak h;IVOC in the futurc.
Faced with strong public op-
position, the sponsors limited the
scope of their proposal, but it still
would have given away some of the
most envirohmentally important lands
in Florida - the margins of every
public lake and river in the entire state.
The legislation would have accom-
plished this by redefining the legal
boundary between private uplands
and publicly owned water bodies,
changing it from the high water line
to the low water line. The result of
this seemingly minor change is that
the entire area between the normal
reach of water in the rainy season and
the low mark where the water stands
in the dry season would become the
private property of the nearest private
land owner. With this much land at
stake, it came as no surprise that the
legislation was backed by big timber
companies, land barons, cattle ranch-
ers, and developers - in short, the
special interests who most stood to
profit economically from being
handed these publicly owned lands,
The bill was opposed by every major
environmental organization in the
state, the Attorney General's Office,
and elected Cabinet members of both
parties, who have stewardship over
this priceless state asset.
The bi II's supporters sug-
gested the legislation was needed to
"clear land titles" and to "clarify" the
issue of the boundary between private
uplands along the waterfront and pub-
licly owned navigable rivers and
lakes. They also asserted that the leg-
islation would draw this boundary line
"where history has drawn it" and
where "common sense" would sup-
port it. These claims cynically
glossed over what would be a com-
plete rewrite of Florida boundary law
. and a massive giveaway of public
property.
Under Florida law dating back
to 1859, the boundary between pri-
vate waterfront uplands and publicly
owned navigable waters is the "ordi-
nary high water boundary," This
boundary is exactly what the words
say it is - the ordinary or normal
reach of water during the high water
season. Of course, this "ordinary"
reach is not where the water rises to
during floods or as a result of extraor-
dinary rainfalls. A clear and simple
definition of this bo~.ndary has been
available from Florida Supreme Court
opinions for the last 75 years. Spon-
sors claimed the legislation was
needed for "clarification" purposes,
but in more than three generations
there have been only five boundary
disputes - hardly the kind of
groundswell of public complaints that
would justify legislative action to give
away the public's land.
So why should the public care that
legislators want to give this public
land away') Because:
(uJI/{i/1/{ed Oil page 4)
~\:)i';:/
.~~ri/ L
,>I
\~~;;f~
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o/f
,m
'::'~
2 ScPtclllbcl' 2000. Florida t Planning
'," '. . <.'. ,:,:,,,.'.1;..."... . 1.,......... :." . ,,' .' ..,":., '
. >:Pr~sl€lent!.s:" M'essage::.:':'i"~"
I' ". " . '.' , , I '
.. , ,
By Marie York, AICP
Membership in American Institute of Certified Planners (AICP) Col-
lege of Fellows recognizes a planner's contributions and achieve-
ments. The factors that weigh heavily in the selection process are:
excellence in professional practice, teaching and mentoring, research,
communication, leadership, and public/community service. Upon
selection, a Fellow is expected to mentor junior planners and advance
the planning profession. AICP created the College of Fellows two
years ago and thus far they have selected 128 illustrious planners,
seven of whom hail from Florida. This column reflects on the purpose
of the College of Fellows and on the accomplishments of this distinguished group.
Rick Bernhardt, as Director of Planning for the City of Orlando for 16 years, was acknowl-
edged for his innovation, enthusiasm and strong sense of social justice. Committed to
infill and redevelopment through traditional neighborhood design, he was recognized by
AICP for his vis.i.on and expertise as well as his efforts to improve Florida and the nation's
approach to plaii'ning. Rick recently left Florida to work with Nashville's Metro Planning
Department.
Sam Casella was recognized for his contribution to the practice of planning, particularly
in the area of urban revitalization, A former APA president, and current president-elect of
AICP, he has dedicated his career to social equity and planning ethics. Now a 'planner in
residence' at Florida State University, Sam is in the perfect position to train new planners
in the realities of the profession.
Les Solin has consistently been recognized for quality planning and for his promotion of
comprehensive planning and sustainable development. Les wrote the AICP Professional
. Practice Manual and is Chair of AICP professional practice where he has heightened the
visibility of ethical planning principles and technical standards of practice. He is the
principal of Solin and Associates, lnc in Orlando.
Bruce McClendon is a past president of APA and again is the president-elect of APA (as a
write-in candidate, no less). He has been an effective leader in innovative planning prac-
tices in several states. Bruce is currently making his contribution in Orange County,
inspiring and managing 475 employees in a diverse department that includes all aspects
of planning, zoning, building, environmental protection, code enforcement, and housing
and community development. Bruce is staff to Mel Martinez, chair of the newly created
Growth Management Study Commission.
Gail Easely has expressed her versatility by writing the model regulations for transporta-
tion corridor protection and preservation, intergovernmental coordination, land develop-
ment regulations, evaluation of comprehensive plans, and groundwater protection. APA
published her work on urban growth and urban service boundaries in PAS Report #440,
Staying inside the Lines. Gail was a member of Florida's Environmental Land Manage-
ment Study (ELMS) Committee III and recently worked with FAPA members and DCA
staff in helping to streamline the Department's review process. She was also recently
elected as AICP Region III Director, representing Florida at the National level.
Sergio Rodriguez's work has crossed many boundaries, whereby, he hns influenced other
professions and helped to heighten their awareness of planning issues. His service to the
APA is well known, from serving as a board member and Director of Region III to founding
the Hispanic Planners Network. He has served on the editorinl advisory board of the
(continlled Oil page 4)
CONrrINUING EDUCKrION:
Should it be Mandatory for AIC:P Members?
by Michael A. Harper, AICP
AICP Commissioner, Rcgion VI
The AICP Commission is slated to
consider and possibly adopt a man-
datory continuing education rcquire-
ment for AICP members in Long
Beach at the September joint Califor-
nia/Nevada Conference. The Com-
mission has been discussing this is-
sue and formulating proposals since
the fall of 1999. It was at the ti me
that the APA Chapter Presidents
Council (CPC) urged the Commission
to institute a mandatory continuing
education requirement. In New York
City this April, the Commission evalu-
ated a preliminary proposal developed
by the AICP Continuing Education
Committee. The purpose of this ar-
ticle is to provide some background,
highlight the components of that pro-
posal and urge members of AICP to
contact their Commission representa-
tives. Often when the issue of man-
datory continuing education is raised,
the first questions are why; and why
mandatory rather than voluntary..
Beyond the overwhelming supportfor .
mandatory continuing education by
the CPC and a similar recommenda-
tion in an audit performcd on thc
Commission's function, thrcc prin-
ciples have been identified to support
mandatory continuing education:
Professional Development: The
planning field is a very dynamic
professional arena. Mandatory
continuing education insures .us-
ers of our services that our mem-
bers are staying on top of the most
recent developments in planning
theory and practice.
Personal Development: Certifi-
cation at the time of successfully
passing the AICP exam is consid-
ered to be a starting point for a
commitment to personal develop-
ment by:the AICP Commission.
Mandatory continuing education
is seen as stimulating the acquisi-
tion and honing of those skills that
make professional planners valu-
able to the clients that they serve.
Public Trust: It is unlikely that a
person would entrust his or her
health care to a physician that was
n'ot conversant with the latest
medical advances, and we take it
as a fact that physicians engage
in continuing education. Unfor-
tunately, professional planners
cannot rcpresent this fact to their
clicnts. Mandatory continuing
cducation is intendcd to represent
to the public that AICP members
. have a required commitment to
provide the best available coun-
sel at the time that this advise is
sought.
Why voluntary is no longer being con-
sidered a viable option is due to two
factors: lack of interest on members'
part and the widely divergent continu-
ing education that occurs from vol-
untary continuing education. Volun-
tary continuing education has an
abysmal record of success. Few
AICP members take advantage of it
and fewer, still, repeat the initial vol-
untary continuing education program.
Since the voluntary program is just
that-voluntary-there is no structure
to what is appropriate continuing edu-
cation. It is considered difficult to
represent that voluntary continuing
education achieves the three prin-
ciples enumerated above as well as
mandatory continuing education can.
(continued on page 6)
.~. '. _ . . ';";;.' ..'~T:;~:~.~'iJrf&~,~";:,? :....:' ";'?:~;;?lJ;~J:^:. .'t.{f.j~\"~~'~~~~:~;.~'" -"'~":"~""<::";::":1~~~.
. p'ijJi:u.igg~Professioi1aIEduca!i<>,fi't~~::"':jf~'!J:U~;S:~fly ~~k~ii fi~~~
. Hast ff!t:7i.~~'f)iiiij;siohf?~}~eadY: In the~ illitiai repo~ ~J::'ih6:'t?~~lQ!1.>1~~i~~sl!,I~~N~~".,>r;~"'''" :~~
ado t" "::. .' .. . "U{f-#lHf<!ntinuin'education the, AICP ContinuinEdtication(GOiDnll(~ri;:'i:-it, is'fdu'e~in I.hIi . 'Beacm1iP';QCto.. ' '~
ljJ '~:';~:~l-."""'\;.."l~~'}~Tc:<l..''''~)I'f:.'~....rt.l:,, :-:. :,.,.}.g.....:~...\. . . ".,.." g.........,.,~.... :,t'"'-~':J.",~:'{l,.:.~...,~~!.~,,,:~.~.:.. ,_~t"J":t-.:::,;.~~~.," "-/'~'~' ,.;,~':.:~;':<'t",.-i;?,t'.'"-:,,,,'~:;"':;'-':- ,.:..~.;~
ro rdm?'},~No.0T';.;the:Jall :cifJ999 the :.teestated three reaSoris:for ,encourn"'<?'~,(YC6fiili:iission' " . rovesY .-ilirii:t "Co . .ti;:~
~~~fgri:;~"~:;'iri' 'riri~i l~;',:~ili the continuin '.educatio~: .:~f~6iiliiiae~~t1':,(.m '1~Gtatio:1~e~:~~1~ra;~tv1fisb~fi
.::". .;':{. ~~ \. _ _.P ",,' p .', ::. ' g .' P'.... ~'Zi ~.__f~::\~1~;"'/':;~~'':'}:~::'-' -',. ~?:~ti~,.~~.- 9i,t.\~-, ,..~.~;:.-;.,,'-:~":~.- ~''.'..~.: :.: .:;.~17.!t<... -..,,:.,1
concep~:and,askOOthe.AICP Continuing . opment, personal devdopmerit;'and}m~~:;;::rhe}e.arliesfthat 'th~I~r()griUri'):ilay.Jx~)
. ..-: - :>-", . "''f..;.b...'., . ',." . .' ", ,',' '_" . " ,'.: 'k" .,...:V4t.,;,t:,~", .~.,M~,.'\l'.,.,.."_j,~.,~: ,. - _ ":', ", .' _':. _'r."-:.<.,'''''~~'~''' .,C', . i O;'~""_"> '_:r.i"-".l .' - ',l
Educatioil'Gorillriittiejo'devetop' a pro- 'creased public trust"Other,alliedfI@f.~~'f~iIpp~~t:fierite<rf2r the::eri.tif~. mem1#iShiji;;
. .",' ,,:..',':,:, _'.'_ ., ,. .'.( -'- ." ..' '.'. :':"~""'''''''_'':;''':\'4.''''>~'' ",,'-.:~:1)..~~~~...;,. "'-.' -'. . ' .,.....-r:-.....'
posal. ".'~' :,.)~;\'~'r, ,"""..;' ,'sions, such 'as{the Americatl"ItlstitUte1\9f;j;:js'~i1.nlri1er 2QQ1..: 'F t:',' . .'.
_. . .. ..... - 'I' ~" ,r.. ",.,"M -'\ .;.. '<:-"("''''-:''; . ".;,., . . ,
Why is thiAlCP'Commission even con-' Archi~ts, are now requiring.'~?n~~m~;::'~H~~:~~;the MCP Con.ti~!.ii~g Education
. . .,~,........,. ,.;. . . educatlon ' ,,,,),,;\,-. .,..'.:;:.'. ~ ,,',.....'
sidenng requmng contmumg educatIOn? . . ....".:...':'.:'>./<.Pro?~a.n; different from..t~~exls~nf!: (:on-
The Chapter Presidents Council slrongly- How far along is the process~..:TheAIq:;: tinui'J8..:frofessionaZ,Developmeri.f.,p'ro-
and almost 'unanimously-voted to ask the Continuing Education Committee has grQ/n?:.'It doeS not look very different in
AICP Commission to require continuing drafted an initial broad set of concepts for theiriitial concept proposal. The' AICP
education. In addition, the Commission's the AICP Commission's consideration. Continuing EduCation Committee has sug-
own audit, known as the Zucker report, Their reJX>rt was presented to the commis- gested that the AICP member be asked t()
strongly recommended requiring continu- sion in New York in April 2000. A final
ing education. draft report, with an outline of the require- (contilll/ed 011 page 6)
Florida ,. Planning. Scptcmbcr 2000 3
(cUlllilii/uf jroll/IJllge f)
The shallow margins of bkes and
rivers arc home to stands of cy-
press trees that are the very sym-
boloI' Florida's waterways. If this
legislation passes, these magnifi-
cent aquatic forests could be
chain-sawed into oblivion.
The shallow marshes in the mar-
gins of lakes and rivers are a fa-
vorite fishing spot of fishermen.
If this legislation passes, these
citizens could be banned from
these areas by fences and no tres-
passing signs posted at the low
water line.
· The marshes and aquatic forest
are the nurseries of the entire
freshwater ecosystem and are the
habitat of herons, egrets and ibis,
wading birds for which Florida is
famous throughout the world. If
this legislation passes, these
marshes ;Ind cypress forests could
be drained, filled and developed,
Local governments that attempt
to regulate the development of
rivers and lakes will be slapped
with lawsuits and forced to
choose between spending taxpay-
ers' money to buy back what are
currently public lands, or approv-
ing environmentally devastating
development plans.
Florida's unrivaled natural beauty
,will no longer be graced by deli-
cate rivers, but will instead be
marred by ditches lined by dikes
and development.
These lands have belonged to
the public since Florida became a state
in 1845. Since that time, Florida
courts have re'peatedly beaten back
attempts to convert rivers and lakes
into private property. In 1968, the
public spoke with one voice and gave
these 1:lJlds cOllstilutioll:i1 protection.
Fortunately, the Legislature listened to
the voice of the people, not the spe-
cial interests, and refused to give
away the priceless heritage of all Flo-
ridians.
But many slasher movies have
a sequel, and this one figures to be
no exception. With so much of
Florida's natural heritage at risk, we
must all remain
watchful and con-
tinue efforts to per-
suade lawmakers to
kill any future rein-
carnation of the land
grab proposals.
E.......I_.~...~:~.... '.':
j"f.;... . }r '<1..-t
,~~I.~. .W).~
~~~~~.[~ :f~~'/'
~,. .~ 0~~'!~' . ,
:~::;~)'~~~J~"!
'0:":1'; ift!'" ~.
:;:::t</j~~V0 'i~~'
General Bob Butterworth was elected
Florida's 33rd Attorney General in
1986, following two decades of ser-
vice as a prosecutor, judge, sheriff and
mayor. He was re-e/ected Attorney
General in 1990, 1994, and 1998.
(continued from page 2)
Journal of the American Planning Associa-
tion and was part of the Planning Accredi-
tation Board from 1989 to 1998. His com-
mitment to having the world be a better
place has led him from planning to the.
broader job of city manager for Miami
Beach and now as Vice President of'Real
Estate for the University of Miami. He was
recently appointed by the Governor to serve
on the Growth Management Study Com-
mISSIon.
Ernest R. Bartley, a planning pioneer, has
witnessed much of Florida's planning his-
tory and helped shape it as well. His role as
mentor to many of the planners in this state
is to be admired, for Dr. Bartley is a long
time educator who has inspired future plan-
ning professionals. He brought the prac-
tice of planning to the classroom in the 50
years of his academic career at the Univer-
sity of Florida where his students fondly
recall the contributions he made to their
lives and careers.
If you are eligible to submit an application
for the FAlCP, please contact MaryAnne
Bowie, MAGBowie@aol.com, who once
again is chairing the FAICP subcommittee
for us. Her mission is to guide the applica-
tions through the process. However. the
applicant and close colleagues are the hest
4 Scptcmber 2000. Florida t Planning
people to prepare the application. If you
want the Florida Chapter to write a letter of
endorsement or make the official nomina-
tion to the FAICP you should send
MaryAnne a copy of the 50 word summary
statement, the one page list of accomplish-
ments, and the list of your references. This
should be done by October 6'\ two weeks
before the deadline. This gives the FAPA
Executive Committee time to review the
applications and make a decision regard-
ing sponsorship and nomination.
Congratulations and thanks to the current
FAICP designees, and FAPA looks forward
to additional Florida planners being
chosen for this important distinction.
This article draws upon information
provided by http://www.planning.org/
abtaicp/abtaicp.html
APA Co-sponsors GIS Day 2000, November 15
The goal of GIS Day 2000 is to make 3 million adults and children around the world
aware of the many ways in which various professions - including planners - are
using geographic information systems to improve everyday life. Among the event's
principal sponsors are the National Geographic Society, the U.S, Geological Survey,
the Library of Congress, and ESRI. Joining APA as Associate Sponsors are the Nature
Conservancy, the World Wildlife Fund, URISA, and other organizations,
Last year, planners in public agencies, private practice, and academia were among the
2,000 sponsors of local events, which ranged from open houses and map galleries to
public forums and in-school presentations. While government and university GIS
labs, engineering firms. utility companies, and many other businesses also participate,
GIS Day provides an excellent opportunity to educate the public on the role that
planners play at national, state, regional, and local levels. Planners can also link
World Town Planning Day (November 8) to National Geography Awareness Week
(November 12-18) and GIS Day, thereby benefiting from the media attention drawn to
those events.
(colllilllWd .limn P(/g!' .i)
Notwithstanding that m;1I1datory con-
tinuing education appcars to cnJoy
high support at national and chapter
levels, the AICP Commission is aware
that those being required to complete
mandatory continuing education need
to have a system that meets their
needs. To that end, the AICP Con-
tinuing Education Committee is rec-
ommending the following compo-
nents for the mandatory continuing
education program:
Retain the voluntary number of
contact hours and continuing edu-
cation time frame at 60 hours over
a three-year period.
Retain the requirement that 50%
of the contact hours would need
to be AICP sponsored courses.
· Consider reserving a certain num-
ber of hours of mandatory con-
tinuing education for subjects
specific to a state. This could
mean that a certain number of
hours of the 60 required would be
devoted to state legislative or en-
vironmental impact process
changes, as an example.
Insure that various options for
mandatory continuing education
are provided to AICP members'..
The Commission is committed to
a program of Internet education
opportunities (a fine example is
the University of Pennsylvania's
Internet GIS program) and self-di-
rected education programs as al-
ternatives to the present univer-
sity programs and state POO/sec-
tion programs that are provided.
Recognition that retired members
of AICP who are no longer prac-
ticing planners on a full-time ba-
sis would be exempt from the
mandatory continuing education
requirement. The Commission
still needs to develop a definition
of "retired."
Maintenance of individual
member's records of completed
mandatory continuing education
hours by AlCP staff. The Com-
mission is debating whether a fee
to cover the cost of this service is
needed,
6 Scptcmbcr 2000 . Florida r Planning
Rcquirclllcnl that each AIel'
mcmbcr mllst complcte thc 60
contact hours within thrce ycars.
Failurc to complcte the require-
ment would result in loss of mem-
bership in AICP, Discussion by
the Commission is whether some
type of grace period should be
permitted for whose who do not
complete the requirements within
three years.
Transition from the voluntary pro-
gram to the mandatory continu-
ing education program between
now and the summer of 2002.
It is anticipated that the state chapters
and their professional development
officers (PO Os) will be the primary
providers of mandatory continuing
education programs. This provides
for chapter iitvolvement in the provi-
sion of the programs at a rate and cost
that is commensurate with the
chapter's resources. The AICP Com-
mission also recognizes that resources
from the national budget will likely
be required to initiate the mandatory
continuing education effort and sup-
port it for the first few years. The
POQs are being contacted this sum-
mer for their input on the proposal as
well as the resources they anticipate
being needed to implement manda-
tory continuing education,
It has been refreshing to hear how
many members of AICP are philo-
sophically supportive of mandatory
continuing education. The AICP
Commission is now at the stage of or-
ganizing a program that meets the
needs of its members and compli-
ments the philosophical support for
mandatory continuing education.
Your comments, suggestions and con-
cerns are vital to developing an ac-
ceptable mandatory continuing edu-
cation program that could commence
in 2002. Please do not hesitate to con-
tact your Commission representative
with your thoughts or for more infor-
mation.
Source: COllllecliculf Plollning Newslel-
tel; July-September 2000
What's Your View?
." . h'~~
Varied viewpoints have been expressed~o}i.}\;
the subject of continuing educalion;"SI;#:~:S::)
did not allow for. i~~ludin.gj.!nthis.i~s.:u..~~'o([~
Florida Planni rig 'Jiriartid6:'.su bmi.tt~~'36'~
Chaptef'newslette~. ~ yoid~~;'~~Je. : C~,i?~~.~:X9 X;,~
'., ", "":"-')~.~." t.~ . .......1'1~.'~..,., ,~... ':..';", ......l'.;..'t'"i~
. theMGP,CoIl1Illi.~.s.tq:n Pr:oP~9.s~~:~s,u!?wW~,~t~~ .
. by ~~,hg.~,S~~~p;1~rn~5:~~~&~~;RJt~S?~
tor fOl;'p'.ortla:n~, Qregon and!!' ~l,1IJ.CnJ.S9p'nty;:;;~
'.o,..;~"t:~~:}\~f::f~; ":.:,' "~-:'Jl::'a.~~_'('",'.: ,.: _~:r(tJr:A: "1_"~"'~" ;I;l'"+:",,,:~,-';: ~-i;:~f~
CommunIty'D N 0 ment.,Duector:.'Jn ',',;
"; . .,~. ~N!fh.' !"-;.1;fl:~ :;'~:;f';;_ ," "'~':.~~~'~:\~y:,t~~~1!'~~'1~::4
i: Wa1;Iii'n~oh,StaaJ~ner~pf'. e.:!;.;!
~...' :.'.,~.:.t.3ik' . ":"'<;.v...:....:f...::..~ ':;"'0tr~~.} r......
',:: fro ., ,. ,:p ,.
~!~~ (:'~i
(continued from page 3)
complete 60 hours of continuing educa-
tion in three years.
How difficult and expensive will it be to
complete the requirements? The goal of
the AlCP CE Committee is to develop a
low cost, accessible program. The major
change in the new AICP CPE prograrn
will be an expanded self-directed learn-
ing component. In addition, courses avail-
able on the Web are rapidly expanding.
What is the timing of the proposal and the
requirements? The Commission wants to
allow ample time for comments ,md con-
sideration of the proposal.
SOllrce: Nonh Carolina Planning Nell's-
lettel; Jllly-Allgust 2000 Volllme 28,
Nllmber 5
Growth Managelnent COll11nission:
Review Process Underway
The initial meeting of the Governor's
Growth Management Study Commis-
sion was held on August 9th in Or-
lando. As we go to press, a second
meeting is scheduled for August 28
in Tallahassee and a series of other
tentative dates has been announced,
according to which the new Commis-
sion will be meeting every two to three
weeks. The group's review of
Florida's growth managemen t system
must be completed by February 15,
2001, pursuant to the Executive Or-
der creating it. As part of the
Commission's first meeting:
· The Executive Director announced
the establishment of a new webpage
where important information about
the Commission and its proceedings
will be posted:
<www.floridagrowth.org> ,
. Briefings of Commissioners were
scheduled from two presenters:
Chattanooga's David Crockett
(Citistates) and DCA Secretary Steve
Seibert.
Crockett gave an informative and pro-
vocative presentation on a combina-
tion of effective growth management
options and considerations for the pro-
cess of identifying and evaluating al-
ternatives for Florida's future. Secre-
tary Seibert presented his views and
recommendations from a prepared
statement which is available on-line
through the new website (as are the
opening remarks from Chairman Mel
Martinez).
. An open forum was provided for
Commissioners to express their views
about growth management and the
work of the Commission, where there
were many interesting and significant
comments made. A meeting summary
should be posted on the website soon.
Other developments from the meeting:
· The Chair announced plans for the
establishment of Technical Advisory
Committees to the Commission and
invited input from the members. One
member expressed concern that the
TAC plan was already in place be..
fore the Commission knew what it
wanted to receive technical input on.
He suggested a delay in determining
the structure and composition for any
technical committees. The decision
was later
made to wait
until after ti1~
August 28th
meeting be~
fore finaliz-
ing the
TACs.
. Com mis-
APA was among the presenters at the
August 9th meeting.
· The tentative schedule was released
for the balance of the Commission's
meetings, as follows: September 13-
14, October 3, October 25-26, No-
vember 16-17, November 30, De-
cember 1, December 12, January lO-
Il, January 31, February 1, and, if
need.ed, February 9. Possible loca-
tions were discussed,
where it was acknowl-
edged that at least six of
the meetings must be
held statewide. One
will likely take place in
the Keys. Naples was
also a suggested loca-
tion. In addition, the
Chair indicated that one
or more meetings will
likely be held in Talla-
hassee.
PROPOSALS FOR CHANGE
FAPA has been a long-standing supporter
of Florida,s growth management policies
and process. We also actively supported
the establishment of a study commission
because we believe that growth manage-
ment can and should be improved upon.
Our policy committees are charged with
developing recommendations for positive
changes to current policy and to admin-
istrative as well as other aspects of the
growth management process. Your input
would be extremely valuable toward this
end, Please e-mail, fax or mail us any
ideas, perspectives, recommendations or
other information you feel would be help-
ful to the Chapter,s p3l1icipation in the
Study Commission process. See back
cover for addresses/fax.
stoners were
advised that,
for any mate-
rial provided
to individual
Commis-
sioners by
interest
groups and
other outside
parties, a
copy must be
provided to
the DCAI
Commission
staff so that
there is a
public record
of such in-
formation.
. The Chair
noted that a public hearing will be
held at each of the meetings for pur-
poses of public testimony. Florida
TECHNICAL COMMITTEES
Through our broadcast e-mail system,
FAPA conducted a member poll for vol-
unteers and nominees for the Technical
Advisory Committees (and Resource Per-
sons) to the Commission. Over 60.plan-
ners responded by offering their services.
Quite impressive given both the short
turnaround time and considerable
workload involved. Special thanks to all
who stepped forward to volunteer their
time and talent!
A toll free hotIine for
citizen input has since
been established: 1-
877-429-1296; and the
Commission's Office,
located in Tallahassee,
may otherwise be con-
tacted at 1-850-922-
1835.
Needless to say, the
work of the Commis-
sion is a major priority
for FAPA, and the pro-
cess ahead is extraordi-
narily important for our profession
and our state. Your participation, as a
FAPA member and a concerned citi-
zen, is invited and encouraged.
F/orida"J/allllillg . Septemher 200n 7
Tam pa. . . A New Perspective Makes for an Exciting Future
rL:nl al 70%
1ll;lrket rale
and 30% low
moder;lIe In-
come.
By Ibmond Chiaramonte, AICI'
crilic;d Illass was crL:ated. In
Llcl. dL:vL:lopmL:nl in IhL:
center city neighborhoods
of Downtown,
Channelside, I-Iyde Park,
Yhor City, Harbor Island and
now Tampa Heights, has
gained momentum.
I:or thosl' of vou planning to ;lltL:nd Ihe
Florid;( ;\mnicln Planning ;\,,,soci;ili()n
ConfnencL: in Tampa. you have a "lito Illllk
forw;mltll. Not only is lhe program L:xcit-
ing. hUllhe host city is at a critical point in
ils development. The transformation thai
has taken place in the City of Tampa in the
five years since lhe last FAPA conference
\Vas held here is truly astounding. Coordi-
nated planning hlended with a supportive
and visionary mayor has made it a success
story. Mayor Dick Greco understands the
importance of quality of life issues to
Tampa's ability to compete for tourists in
the international marketplace, and he knows
how to close a deal.
Mixed
use projeel
on the old po-
lice station
site along the
river with
housing,
shops. of-
fices, and a
This redevelopment is con-
sistent with the comprehen-
sive plan that defined an
urban service area and en-
couraged development in
the inner city neighbor-
hoods. Support from city administration and
a growing market forurban style, mixed use
development attracted developers to the
center of Tamp,a for new projects.
riverwalk.
Ybor City
NATIONAL HISTORIC LANDMARK District
In 1993, the Hillsborough County City-
County Planning Commission. headed by
;\PA Region III Director Robert 8, Hunter,
AICP. sponsored a joint meeting between
the T;lmpa City Council. the HillsborDugh
County Board of County Commissioners
and the Planning Commission, For lhe first
lime in history, ,I joint resolution W;IS
,ldopled th;ll outlined a vision for the whole
comnlllnilv. II placed redevelopmenl of the
City of Tampa as the focal point f~~r
Hillsnnrough County in the next plan IIp-'
lbte ;IS ;1 lOp priorily.
A 90-room Hilton Garden Inn with con-
ference facilities on 9'h Avenue.
Over $) bi II ion worth of new development
is under construction or planned for the im-
mediate future in the center city neighbor-
hoods of Tampa. The statistics are impres-
sive when you consider lhatjust a few years
ago there was very little redevelopment
within the downlown neighborhoods. I've
summarized some of the exciting develop-
ments.
Replica $23,000,000 antique streetcar
system that will connecl Ybor City with
Downtown and the Channel District
that is set to open in December 200 I,
Renovation of historic Centro Espanol
building into the Centro Ybor complex
similar to CoCo Walk in Miami. The
development will include 210.000 SF
of entertainment retail with a 20-screen,
4,000-seat movie theater. This
$45,000,000 project will be complete
in the fall 2000.
North ofDowntowl1
TAMPA HEIGHTS
Today. the vision of Tampa as a center of
urh;1I1 n:development has become a reality.
The successes arc far grander than any of us
could have imagined in 1993. Tampa's re-
development hegan with an important de-
cIsion re-
gard i ng the
locll illn of
the new 111;1-
jor Ie<lguc
hockey
arena, After
much dL:-
hatc. it \v"s
huilt down-
A 45.000 square foot supermarket with
two outparcels that will include live
work units, all designed in a neo tradi-
tional style.
Centro Ybor parking garage with park-
ing for 1,205 cars in a historically de-
signed structure near the new develop-
ment projects.
. 42 single-family attached
homes starting at $190,000
along Palm at the entrance
to Ybor City.
The Park at Ybor City. a 462-unit com-
plex of upscale apartments with 15,000
SF of retail. Completion date \Vas set
back by recent fire. but the $35 million
project is back under construction.
. K-Force,Com headquar..
ters office at Nebraska and
Palm that will eventually
place I )\00 high-paid work-
ers on the border of Tampa
Heights and YonI' City.
CIzm1l1cl District
tow n n e;1 r
Il1e Ilew
l'llllVl'IlI illn
ccnlcr ;Ind
the 1:lorida
,'\ q II ; I r i n III
1IISIl';ld <>1' ill
;1 "rllIlrh,1I1 !"l';1II< 1I1 Thl' hl'~in'lill~ <>1' ;1
. 120,OO() SF GTE Federal
Credit Union corporate
headqu<lrters in the center
ofTamp;1 Heights.
The Pinn;lcle. ,I (iSO-fOOl t<lll ohserva-
lion [ower in a new cruise ship port ;1 rea
that \ViII include rel<li!. llffice and resi-
dential sp<lces.
i\ ~:r2-Ullit "p;II'tlllClll huilding 111,,1 wlil
(('(JlII;I/I{{'t! ()11/J(lgl' I))
X Seplelllhn 2000 . Florida" 1'ltllll1illg
(C()lIlillll('(/liwlI/I{I.~(' S)
Hallovn 1\ P;lrI IllCII I.'.; , II'hich lI'ill ill-
clude 4()() loft-style Ullil'.; with SOIIlC re-
tail.
New Marrioll convention center hotel
features 700 rooms with pl.lIls for ex-
pansion.
Marina along Garrison Channel that
will blend into the new boat slips un-
der development next to the new
Marriott Waterside Hotel.
Channelside development with mixed-
use retail and 20 movie theaters is set
to open at the end of 2000.
82,(XX) SF Port Authority office building
Downtown Tampa
Second District Court of Appeals build-
Ing
$83 million County Court House ex-
pansion to be complete in 2007.
Cily-COllnlY p;irk .IUOSS Ir'lI11 thl'
('(lIl1lly ('OUrlllOIISC.
Moister plan for a Cullllral Arts Dislricl
10 include a $17 millioll histmy 11111-
seulIl ;Inl! a replacelllelll for the exist-
illg art 1I11lseUIll.
Three ortice towers between Downlown
and the Channel Districl
with the tallest being 40
stories.
In addition to these major
projects, there are many
smaller projects underway,
including streetscape rede-
velopment throughout the
center city neighborhoods.
At this point in time, Tampa
is a great place to be a plan-
ner. All of the concepts that
most of us believe in are be-
ing implemented before our eyes as we try
to keep up with a visionary mayor who has
extensive experience as a developer and a
leader.
\VIIl:n pl;IIIIIl'rs ;111.1 poliliclall.'.; are lI'orkinF
fmllllhc salllC pnspeCII"e, II is Inily allla/.-
IIIi' wh.11 COllI gel acclllllplished. Hopefully
YlllI will have the opportunity 10 experience
T;II11pa's new face when YllU allelld the 200()
r:lorida 1\ PA convent ion this September in
the most exciting redevelopment area In
Florida. perhaps in the nation,
About the author: Ramolld Chiar amonte
is Assistant Director of the Hillsborough
County CitJj-ColmtJj Planning Commis-
sion ill Tampa.
Federal Court ~ules Developunent Moratoria
Not A Property "Ta){ing"
The American Planning Association has ap-
plauded a recent federal appeals court deci-
sion that overturns a district court ruling that
had found temporary development morato-
ria a type of permanent taking of property
that must be compensated under the U.S.
Constitution's Fifth Amendment.
APA had filed a friend-of-the-court brief in
support of the Tahoe Regional Planning
Agency, a bi-state organization created in
1969 to protect Lake Tahoe and the sur-
rounding area in California and Nevada. A
lawsuit had been filed against the agency by
the Tahoe-Sierra Preservation Council, Inc.,
arguing that a temporary moratorium on land
development in the Lake Tahoe basin dur-
ing the early 1980s was a taking of private
property and required compensation.
"We are pleased the federill Ninth Circuit
Court of Appeals affirmed the decisions of
numerous other courts that temporary bui Id-
ing moratoria are an important land-use
planning tool," said Patricia Salkin, chair-
person of APA's Amicus Curie Committee
and director of the Albany Law School's
Government Law Center in Albany, N.Y.
"Courts ~s far back as the 1920s have up-
held this tool to ensure that communities can
undertake the planning process relatively
free of development pressures," she added.
In the decision, the federal appeals court in
San Francisco, Calif., ruled June 15 that
"Given the importance and long standing use
r ofltemporary moratoria, courts should be
exceedingly reluctant to adopt rulings that
would threaten the survival of this crucial
planning mechanism." The court noted that
"temporary development moratoria prevent
developers and landowners from racing 10
carry out development that is destructive of
lal community's interests before a new plan
goes into effect. Such a race~,to-develop-
ment would permit property owners to evade
the land-use plan and undermine.'its goals.
"This is truly a landmark reaffirmation of
traditional governing principles that have
long guided communities throughout the
country," said APA Executive Director Frank
So, FAICP. "As the federal court pointed
out, land-use planning can be a complex and
time-consuming undertaking at times. So-
called building moratoria are an effective
tool aiding governments and communities
going through the planning process," So
said.
Assisting APA and the League to save Lake
Tahoe were attomeys John Echeverria and Jon
Zeidler with the Georgetown University Law
Center in Washington, D.C., and professor
Thomas E. Robens with Wake Forest Uni-
versity School of Law in Winston-Salem, N,C.
J-'I"rid({ . 1'/({lIlIillg . Scptclllhcr 2000 l)
facilities, In many locales, schools are overcrowded, drainage is
inadequate, and septic tanks need to be replaced by wastewater treatment
systems.
IV.A Preferred Future
A. The Assembly participants concluded that any call for collective action
to achieve an economically sound, environmentally healthy, and socially
responsible future must be a statewide vision clear enough to guide action
but also general enough to garner broad-based support. The
,./"
implementation of growth management failed to meet these requirements.
Today, the term is politically uninspiring to the citizenry, confusing, and
conceptually incapable of capturing the complexity of the situation.
B. Policy makers an~ other leaders need to recognize and convey that
Floridians are'engaged in a great venture. We are building a state, a state
of many livable communities. To do this, vve will need to develop and fund
a written and illustrated vision for statewide interests, reflected in regional
and local plans, allowing communities' neighborhood-based plans to vision
their own communities. In addition, the state vision should reflect the
vision of its livable communities and regions. Only a handful of generations
have ever had such an opportunity. Those who lay the foundat80ns of a
new state arrive too early in the state-building process to see and enjoy
their creation.
] 2
C. The Assembly participants believe that we should build a state with five
basic, equally important characteristics:
1. A Prosperous Economy. By prosperous, we mean an economy
whose foundation will endure without a foreseeable end, and which is
capable of providing good opportunities to all Floridians, including
the young people who graduate from our high schools and
universities, and those who come from other nations.
2. A Society of Opportunity. All Floridians, regardless of race,
gender, religion, national origin, location, or economic background,
..~;
should have equal access to quality public education, and should
have the opportunity to realize their full potential, live together in
clean and safe neighborhoods, have equal opportunity to compete
for jobs, and enjoy the public and natural amenities that make
Florida a great place to live.
3. A Healthy Environment. The air, water, and wildlife of Florida
must be protected, and the integrity of the state's importani
ecosystems, habitats, and watersheds must be maintained and,
where necessary, restored.
4. A Strong Civic Culture. The citizens of Florida should be
knowledgeable (including an understanding of governmental
processes), engaged in their communities, and willing and
empo\Nered to make a contribution to their communities and state.
13
5. Strong Educational System. Florida's system of pre-elementary,
elementary, secondary, and higher education should prepare all of
Florida's citizens to support an economy, civic structure, and
cultural base that are vibrant, effective, and second to none.
V. Strengths, Weakness, Opportunities, and Threats
A. The Assembly participants were asked to identify strengths, \Neakness,
opportunities and threats in light of their hopes 'for Florida's future. Each
group generated a long list ~! items. In this section, some of the
,,/.
overlapping points from the groups are synthesized and placed in the
context of the preceding discussion of trends and goals.
B. Participants pointed out that Florida has some excellent economic
strengths and opport~nities. The state has a worldwide reputation for
entertainment "and recreation; it is a recognized leader in promoting free
trade; its air, sea, and space ports are large, modern, and \Nell maintained;
it is geographically positioned to be, and it has become the nation's center
of trade with the other Americas; and of course it has a warm climate, low
taxes, and competitive labor market. But it also faces some serious
economic threats, and some of these strengths are also weaknesses.
Perhaps the most serious threat is that a large part of the economy is
based on growth, and there do not appear to be any plans for transitioning
from this growth-based economy to one that is sustainable for the long
14
term. By the same token, both population growth and tourism are more
precarious than other industries with stable markets. If for some reason
Florida became unattractive to tourists or new residents, the bulk of its
economy could dry up overnight. Also, Florida's economy is particularly
vulnerable to energy prices, availability, and environmental effects.
Policies and plans for today, and for transition to a sustainable future,
must include clean and sustainable energy systems and supplies. For these
reasons, the state's low taxes are more of a weakness than a strength;
without significant public investments, the state cannot take full advantage
.,<"..
of the opportunities for international trade, invest in its people to attract
skilled occupations, and protect its natural resources and quality of life so
that the state remains a tourist magnet. Also, Florida's economy is
particularly vulnerable to energy prices, energy availability, and
environmenta~effects. Policies and plans for today, and those to transition
to a sustainable future, must include clean and sustainable energy systems
and supplies.
C. There is a structural mismatch between, on the one hand, Florida's
government, and on the other hand the challenges and opportunities
ahead.
1. The trends discussed above are all interconnected. Changes in
the age-composition of the population aftect the pattern of
urbanization; economic expansions and contractions affect who
15
moves to Florida; the skills, age composition, and other
characteristics of the population affect Florida's economic
development; economic conditions impact government revenues and
hence the government's capacity to educate the labor force, protect
the environment, and fight crime; crime impacts tourism, and
unemployment impacts crime. The chain of causality goes on in a
web of infinite loops.
2. In stark contrast, Florida's government is a thoroughly
fragmented. The state has 470 general-purpose local governments.
'. ~;
Transportation planning, water allocation, and development approval
are handled by different agencies and different governmental levels,
with very little coordination. The responsibilities of local
governments are not clearly divided between cities and counties, and
often it is unclear who is in charge. Some counties may contain
more than a dozen municipal police departments, with separate
dispatching. It is a crazy situation; the actions of each unit of
government reverberate across the state's interrelated human and
natural systems, producing unintended consequences for all the
others, and yet there is little coordination behveen governmental
bodies.
D. This same fragmentation reduces the benefits that could be had from
Florida's programs of land acquisition. Florida is the nation's leader in
16
purchasing lands for conservation and recreation. Hovvever, acquisitions
are not tied to a statewide vision plan. Small parcels are being purchased
in all or almost all of the counties. This pattern of conservation fragments
the natural environment-leaving a patch here and patch there-while
missing the potential benefits of purchasing large land areas to buffer
sensitive ecosystems from urbanization.
E. Florida's state government and its public officials are an asset. Florida
is nationally recognized for the degree of professionalism in its legislative
staff, civil service practices, and economic forecasting. It is also known for
".f.
its innovations in environmental protection and planning. At the same
time, however, it fails to address large and enormously important topics,
while it applies a regulatory heavy hand where little is needed. It is easier
to build a subdivision next to the Everglades than to construct housing and
office buildings in Florida's mature and sometimes struggling coastal
cities.
VI.Action Agenda
A. There was broad agreement at the Assembly about many of the specific
objectives that must be accomplished to move Florida toward the
participants' preferred future, but there were sharp differences about how
to achieve the objectives themselves. In essence the participants called for
policies that would:
17
1. Maintain, expand, and improve Florida's economy and enhance,
not degrade its, quality of life. This includes:
a) Sustaining agriculture as a major component of Florida's
economy by funding research and increased use of technology,
adopting incentives to retain agriculture, providing and funding
market assistance, and developing a loan pool for agriculture,
thereby decreasing dependence on the speculative value of
land;
b) Continuing to attract the same (or larger) share of the
-..'..
world's tourists';
c) Adapting the tourist industry to the changing
demographic composition of its market (the larger proportion
of seniors);
d)., Accelerating the economy's diversification into high
" technology manufacturing, health care, medical research,
aerospace, movie making, and other clean industries offering
jobs with high wages and opportunities for advancement.
e) Plan and implement local and regional mass transit
projects in and between the state's major population centers
in an effort to conserve energy resources and preserve
Florida's delicate ecosystems.
f) Strengthen the state's educational system, K-12 and higher
18
education, through strategic investments and collaboration
among business, community, and government in order to
attract and hold industries that provide the highest standard of
living for all Florida's residents.
2. Create a civic culture in which citizens care, are well informed,
vote, are involved in their communities, and are willing and
empowered to make a contribution to their communities and to the
state.
3. Change the pattern of urbanization from its current form (a
-..'.
gradual, undifferentiated diffusion outward from the urban centers)
to one where urban nodes of differing scales are located along
predefined corridors and separated by open space, rural areas, and
preservation lands.
4. Focus redevelopment and revitalization activities on Florida's
existing inner-cities and downtowns;
5. Mitigate against the risk of loss of human life or property from
natural disasters;
6. Avoid development in large, environmentally and agriculturally
important land areas;
7. Encourage new community development that is similar in form to
successful traditional neighborhoods. This type of development
includes the following characteristics:
19
a) Balance. Many elements should be juxtaposed In proper
proportion. Residential uses should be balanced with
commercial uses. Private spaces should be balanced by public
spaces, which include small parks, community centers,
neighborhood schools, town halls, and historic and cultural
resources such as visual and performing arts and history
museums. The scale of the communities' infrastructure should
be comparable to its housing, recreational amenities, stores,
etc.
". ;~
b) Small scale. These livable communities should be small
enough to create an atmosphere where people know one
another and interact in more than just one area of life (work
life, home life, civic activities, etc.). Schools should be small,
tQO, so that they can become an important part of their
surrounding neighborhoods. They should be designed to be
integrated into the fabric of the community and designed as
multi-purpose facilities.
c) Pedestrian friendly. These livable communities should be
laid out and include sidewalks and stores so that children can
play safely with friends and adults can meet many of their
shopping needs without driving.
d) Population diversity. The community should \Nelcome,
20
accommodate, and sustain a population that reflects Florida's
ethnic and economic diversity.
8. Channel some of the state's population and employment growth
statewide into designated areas where jobs are needed, growth can
be accommodated, and a moderate amount of development exists
already.
9. Achieve a level of diversity in community styles and housing types
sufficient to allow consumers to make choices based on their
preferences, needs, and resources.
10. Ensure that Florida develops clean and sustainable energy
systems and supplies, and plans to educate all consumers on the
costs and benefits of energy efficiency.
11. Maintain and improve efforts for the preservation and retention
of Florida's natural resources using a holistic, ecosystem-based
approach.
12. Assure residents of the state an option of lifestyles, including
rural, suburban, and urban choices.
8. To achieve the above objectiv~s, the following actions were proposed:
1. Strengthening the state's transportation system. Florida's
present and future economic prosperity depends on funding an
efficient and affordable multi-modal system of transportation that
avoids fragmenting natural and human communities.
21
2. Reforming the state's tax structure and method of cost
accounting.
a) Florida's heavy reliance on sales taxes is becoming
increasingly problematic. Among other problems, sales taxes
are vulnerable to economic downturns, and they are losing
some of their base to the Internet. Tax reform does not
necessarily entail raising taxes. Revenue-neutral reforms
could be crafted to distribute the tax burden more widely, to
alter the mix of taxes so that revenues will grow
commensurate with the state's economy, and to prevent the
expansion of trade over the Internet from placing the state in
jeopardy.
b) All units of government should utilize economic modeling,
fis~al impact analysis, and full-cost accounting to inform and
guide decisions. Full-cost accounting involves calculating the
economic impacts of programs and facilities, not simply in
terms of immediate outlays, but in terms of total costs and
benefits. These calculations should show the costs and
benefits that are generated over time as a result of each public
action, including the additional costs of other public
obligations created by the initial expenditure.
3. Investing in education. Just as economic prosperity depends on
22
an efficient, multi.modal system of transportation, it also requires a
well.educated labor force. Funding for pre-K through 12 education
must be equitable in both rural and urban communities,
incorporating technologies across curriculums to best prepare a
capable and computer literate workforce that bridges the digital
divide between technology haves and have-nots. Participants favored
making additional investments in education while at the same time
holding schools, teachers, and students accountable for their
performance, and linking the curriculum more tightly to the skills
needed for work.
4. Developing Livable Florida Plans: Many participants doubted
that urbanization can be kept away form the state's large, water-
dependent ecosystems, other environmentally significant resources
and agriculturally significant resources without clear and directive
state plans. Consequently, somE; participants called for written and
visual state plans for a Livable Florida. This proposal assumed
avoiding diminishing property values through regulation. Other
details of the proposal were as follows:
a) The Governor, as the state Planning Officer under the
state constitution, should take the lead on the development of
the State Plan.
b) This effort should include the identification and oversight of
23
essential environmental resources, agricultural lands, and
infrastructure should be a state responsibility.
c) This effort should include the identification of urban areas
suitable for additional development and rural areas
appropriate for new or augmented development with
appropriate rural buffers should be initially prepared locally in
coordination with appropriate regional and state agencies.
d) The role of regional agencies should be redirected when
necessary and funded by the state 'for coordinated planning of
regional water, environmental resource protection, and
transportation and assistance, where requested, with local
planning efforts.
e) This effort should result in local plans that are visionary,
mission-based and have a phased planning horizon based on a
50-year vision. They should be understandable and based
upon real numbers and resources.
f) The local plans should be developed through accessible
and user-friendly interaction and citizen participation using
technology, GIS, simulations and visual preference tools.
g) This effort should develop and implement a new model for
citizen participation in Florida. This model must include
explicit, energetic, and inclusive outreach to, and participation
24
by, the citizen and stakeholders, beginning at the
neighborhood level, expanding to a neighborhood to
neighborhood network, and on up through the formal levels of
local, regional, and state government.
h) Local governments are encouraged to go beyond the
minimum criteria in assigning a balance bet\Neen natural,
social and economic systems (e.g., when considering health
care for an aging population).
i) The plans must be internally consistent such that the
-,.',
capital improvement plans and implementing land
development codes match the planning horizon.
j) The Department of Community Affairs should playa major
technical support role in local governments in data collection,
GIS and intergovernmental coordination where needed.
k) Local governments, with the assistance of the Department
of Community Affairs, should have the flexibility to establish
performance standards and to monitor those standards for
achieving their portion of the Livable Florida Plan.
I) The effort must include an alternative, expeditious and
accessible method for disputing local decisions and protecting
essential state interests relative to comprehensive plans and
amendments, land development regulations and development
25
orders. It must include knowledgeable land use experts.
m) Establish a program and statewide funding mechanism for
citizen and neighborhood planning efforts.
n) The Department of Community Affairs should work with
local governments and effected residents, particularly in the
rural areas, to develop planning tools appropriate to rural
areas and their unique mix of parcel sizes and land use types
in order to retain their rural character while allowing growth.
0) Develop and market a toolbox of financial tax incentives for
....~
landowners to enhance agricultural and forestry uses as an
alternative to development.
C. The Assembly participants recommended three approaches to interject
greater foresight, coordination, and cooperation into Florida government.
1. One proposal was, in essence, to strengthen the existing system
of state, regional, and local comprehensive planning. Under this
approach, the State Plan would be sharpened, and state spending
would be tied to it.
2. A supporting proposal was to shift emphasis from land use
regulation to long-range comprehensive planning that encourages
development in appropriate land areas while protecting essential
state, regional, and local interests.
3. The third proposal dealt with funding. The Assembly
26
recommended that a bold and highly focused program be created to
tie the state budget to the Livable Florida Plan prepared by the
Governor. The recommended program should include the following
elements:
a) A Livable Florida Trust Fund should be established to
support local initiatives proposed by local governments with
the concurrence of the appropriate regional planning councils
and the Department of Community Affairs.
b) The Livable Florida Trust Fund should be supported in part
" ..~
by reallocating some existing revenues from the documentary
stamp tax. These should not include any documentary stamp
tax revenues currently earmarked for other purposes.
c) The Future of Florida Assembly should initiate discussions
with statewide organizations to mobilize a statewide
referendum for an additional one cent of sales tax for the
Livable Florida Trust Fund.
d) The budget presented by the Governor to the Legislature
should be mandated to contain performance-based budgeting
goals to implement the Livable Florida Plan.
e) A process should be established that encourages or
requires all state, regivlal and local government entities to
utilize their decision-making and budgeting processes in a
27
manner consistent with the Livable Florida Plan.
f) issues at the earliest point in the comprehensive planning
process.
VII. Follow-up Actions
A. The members of the Future of Florida Assembly should reach out to
their respective constituent groups to promote the Assembly's Policy
Statement.
B. The Future of Florida Ste'ering Committee should establish an
implementation committee to monitor the implementation of the proposals
set forth in the Assembly's Policy Statement.
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Acknowledgements
The Assembly was initiated by Marie York as President of the Florida Chapter of
the American Planning Association. The Future of Florida Assembly was spearheaded by Bob
Hunter, witb assistance from Barbara Leiby. He raised most oftbe money from sponsors, visited
tbe editorial boards of many newspapers and magazines, wrote letters to public officials
soliciting their involvement, and handled many other responsibilities essential to the Assembly's
success.
:;;':
Dr. Lance deHaven-Smith and Westi Jo deHaven-Smith, of deHaven-Smith & Assoc.,
worked with the Steering Committee to design the Assembly process, wrote a background paper,
wrote the first draft of this Statement, and directed the parliamentary session during which the
Statement was amended and adopted by the Assembly as a whole.
The Future of Florida-Assembly was a statewide effort initiated by the Florida Chapter of the
American Planning Association and planned by an independen~ Steering Comminee. The laner
included representatives from over forty organizations. They were:
Charles Pattison, 1000 Friends of Florida
Bentley Lipscomb, AARP
Roger Gatlin, Association of Florida Community Developers
Stuart Strahl, Audubon Society of Florida
Dana Bofford- Entin, Broward County Sheriff
Rick Harcrow, AICP, Builders Association of Greater Tampa
Javier Lasa, College Leadership Florida
Ben Wilcox, Common Cause
Kelly Jo Kilberg, Enterprise Florida
Scott Shalley, Florida Association of the American Institute of Architects
Sheri Coven, Florida Association of Regional Planning Councils
29
Lee Killinger, florida Association of Counties
Tom Pelham, florida Bar Association
Mark Morton, Florida Chamber of Commerce
Marie York, AICP, President, Florida Chapter of American Planning Association
Robert B. Hunter, AlCP, AoridB Chapter of American Planning Association
Joe Bell, AICP, Aorida Chapter of American Planning Association
Marcia Elder, Aorida Chapter of American Planning Association
Lincoln Walther, AICP, Florida Chapter of American Planning Association
Chris Papandareas, AICP, Florida Chapter of American Planning Association
V. Gail Easley, AICP, Florida Chapter of American Planning Association
Tom Pelham, AICP, Aorida Chapter of American Planning Association
Rev. Fred Morris, Aorida Council of Churches
Michele Myers, Aorida Department of Agriculture /fl. Consumer Services
James L. Quinn, Aorida Department of Community Affairs
Bob Romig, Florida Department of Transportation
Paul Ledford, Florida Engineering Society
Douglas Buck, Aorida Home Builders Association
Ann Jenkins, Florida League of Cities .
Howard Glassman, Florida Metropolitan-:'Planning Organization Advisory Council
Paul Wieczorek, Florida Planning & Zoning Association
Nancy Leikau.t: Aorida Ports Council
Carol Marchner, Florida Redevelopment Association
Sheri Murphy, Florida Sports Foundation
David Taylor, HDR, Inc.
Rick Garrity, Ph.D., Hillsborougb County Environmental Protection Commission
Rena Coughlin, Leadership Florida
Sandy Sheets, League of Women. Voters of Florida
John Little, Legal Services of Greater Miami
Annetta Jenkins, Local. fuitiatives Support Corp.
John Tallent, Lykes Brothers, Inc.
David Harris, MacArthur Foundation
Alan Farago, Sierra Club of Florida
Linda Friar, South Florida Ecosystem Restoration Task Force
P.KSharma, AlCP, South Florida Water Management District
B. Terry Johnson, AICP, Southwest Florida Water Management District
David Tillis, St. Joe Company
Thomas Hernandez, TECO Energy
Mike Kovac, University of South Florida, College of Engineering
Assembly Facilitators
mana Bofford Etnin, Broward Sheriff's Office
James R. Brendell, Gunster, Yokley & Stewart
Annetta Jenkins, Local Initiatives Support Corporation
Tom Martineau, R.A, School of Architecture, Florida A & M University
Mark Morton, Barron Collier Partnership
Marie York, FAU-FIU Joint Center for Environmental and Urban Problems
30
Assembly Recorders
Carrie Beeler-Kanderski, South Florida Ecosy!.1cm Restoration Task Force
Terry Cullen, Hillsborough County City County Planning Association
Becky Faulkenberry, Escambia County
Steven Griffin, Hillsborougb County City County Planning Association
Pedro Parra, Hillsborough County City County Planning Association
Lorie Potier-Brown, Hillsborough County City County Planning Association
'0'"
31