FLORIDA PLANNING · 4 Spring 2015 / Florida Planning [TALLAHASSEE] FIRE DEPARTMENT continued from cover page construction plan reviews. One staff member is also a planner who reviews

FLORIDA PLANNINGA Publication of the Florida Chapter of the American Planning Association

www.floridaplanning.org Spring 2015

OTHER FEATURES

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

ALSO IN THIS ISSUEPresident’s Message - p. 3Planners on the Move - p. 19APA Florida Working for You - p. 20Section Happenings - p. 21Law Case Update - p. 23Consultants Directory - p. 25Events - back page

continued on page 4

The City of Tallahassee Fire Department (TFD) has an active role in the pre-development and construction review processes occurring in the city and unincorporated Leon County. The department’s input ensures life-safety provisions are included in both the site plan and construction plan review process. The TFD provides city and county services under an intergovernmental agreement with three civilian staff members who are assigned to work in the building where the planning and building departments for both entities are located – away from all other fire department operations. The staff persons are Florida Certified Firesafety Inspectors. Under this structure, the TFD contributes to the development review process with regard to the identification of life-safety standards to be considered in site plan and

The Tallahassee Fire Department

works with planners to insure all

safety precautions are met.

PARTNERS IN PLANNING

By Gary Donaldson

FIRE SAFETY

6 8 10 11 1512 16In My Opinion: Legal and Evidentiary Concepts

StudentFundraisers

Citizen’sProjects

Coordinationor Cahoots?

Statewide Transportation Plan Updates

Age FriendlyCommunities

FAICPNominations

2 Spring 2015 / Florida Planning

Name Phone Fax E-mail

[APA FLORIDA] KEY CONTACTS - EXECUTIVE COMMITTEE

APA Florida Executive CommitteePresident Melissa Zornitta, AICP 813- 272-5940 813- 272-6255 [email protected]

President-Elect Andre Anderson, AICP 407-896-0455 407-386-6523 [email protected]

Broward Section Michael Alpert, AICP 954-602-3246 [email protected]

VP-Professional Development Henry Bittaker, AICP 561-523-0678 [email protected]

Capital Area Section Keith Burnsed, AICP 850-891-7115 [email protected]

Orlando Metro Section Jason Burton, AICP 407-246-3389 407-246-2895 [email protected]

VP-Conference Services Kathie Ebaugh, AICP 941-927-9000 [email protected]

VP-Membership Services Laura Everitt, AICP 813-224-8862 813-226-2106 [email protected]

Atlantic Coast Section Lisa Frazier, AICP [email protected]

Student Representative Macy Fricke [email protected]

Heart of Florida Section Hetty Harmon, AICP 863-646-4771 [email protected]

Emerald Coast Section Christy Johnson, AICP 850-981-2777 [email protected]

VP-Section Affairs Tony LaColla, AICP 813-273-3774 813-272-6258 [email protected]

Treasure Coast Section Josh Long, AICP 561-650-0719 561-671-2417 [email protected]

University Liaison Joseli Macedo 352-392-0997 352-392-3308 [email protected]

San Felasco Section Dean Mimms, AICP 352-393-8688 [email protected]

Treasurer Ryan Morrell, AICP 321-795-8426 [email protected]

Promised Lands Section Tony Palermo, AICP 239-533-8325 239-485-8344 [email protected]

VP-Certification Maintenance Rick Perez, AICP 863-834-6011 [email protected]

Sun Coast Section James Ratliff, AICP 813-841-8743 [email protected]

First Coast Section Tony Robbins, AICP 904-739-3655 904-730-3413 [email protected]

Interim VP - Communications Marcie Stenmark, AICP 727-724-1555

Immediate Past President Brian Teeple, AICP 904-279-0880 904-279-0881 [email protected]

Secretary Alissa Barber Torres, AICP 407-836-7762 [email protected]

Gold Coast Section Silvia Vargas, AICP 305-389-4737 [email protected]

Administration/StaffExecutive Director Julia “Alex“ Magee 850-201-3272 850-807-2576 [email protected]

Ad. Assistant/Bookkeeper Kim Lovern 850-201-3272 850-807-2576 [email protected]

Communications Coordinator Patti Shea 850-201-3272 850-807-2576 [email protected]

Legislative Representative Lester Abberger 850-524-2779 850-222-8199 [email protected]

Webmaster (Consultant) Summer Taylor 888-949-5487 x706 [email protected]

All Other Inquiries, contact APA Florida at 1-850-201-3272 or e-mail [email protected].

Spring 2015 / Florida Planning 3

The past few months have been a busy one for APA Florida. The officers and staff have been working on a lot of fronts on your behalf so I thought I would share about a couple of those efforts. On the legislative front, the Legislative Policy Committee lead by President-Elect Andre Anderson has been very involved in reviewing, providing feedback and advocating about pieces of legislation. A major focus has been on the DRI and Regional Planning legislation. We have been actively providing expert knowledge to legislative staff, writing letters and proposing alternative bill language, and coordinating with allied organizations. As I write this, it appears that the legislation has gotten adopted. While the bill is not something we could support based on our legislative platform, I am pleased that it does not include some of the most damaging portions that were originally proposed. I want to thank the Legislative Policy Committee for their work as well as Lester Abberger, our legislative liaison, for his tireless efforts on our behalf.

In April, I had the opportunity to represent the chapter at a number of National APA meetings in conjunction with the conference in Seattle. As I have mentioned in previous columns, there seems to be a major shift in focus with the national organization. Greater attention is being given to the needs of members as “members of APA are the leaders of APA.” There was a lot of discussion on services and value that could be provided to members as well as how to get members more engaged with APA and in particular, their advocacy efforts. APA National is looking at an increased emphasis on partnership, particularly with other organizations, both allied professions as well as other interest groups with similar goals such as AARP. I spent a lot of time in meetings and discussion sessions focused on connecting chapters and divisions with the broader organization. It was great to get the opportunity to share ideas with others and given feedback to National APA on what would help our chapter to be stronger. Another major focus for APA Florida over the last few months has been on communications. In our last newsletter, we covered that we have hired a part time communications professional, Patti Shea, and appointed an Ad Hoc VP Communications, Marcie Stenmark. The goal has been to get more information out to members in a timely manner, to engage members in the organization more and to increase membership. To that end, Patti and Marcie have been working on software to allow all sections to expand their email newsletters and communications, videos on the benefits of being an APA Florida member, and updates to the website. As time goes on, I hope you see a difference in how and what we are communicating to you all – and that you like it. As always if you have questions or concerns about what we are working on with APA Florida, please send me an email or give me a call.

PRESIDENT’S MESSAGE

Greater attention is being given to the needs of members as “members of APA are the leaders of APA.”

Melissa Zornitta, AICP

APA Florida President


[TALLAHASSEE] FIRE DEPARTMENTcontinued from cover page

construction plan reviews. One staff member is also a planner who reviews site plans and participates in the DRC approval process. One inspector reviews building construction plans and provides comments through the building department review and approval process. The second inspector conducts field inspections – verifying that infrastructure installation and building construction is consistent with approved site and construction plans before building permits and certificates of occupancy are issued. Each of the three staff persons are part of the TFD Fire Prevention Division - addressing life safety considerations for new construction. The division also includes five Lieutenant/Certified Fire Safety Inspectors working in the field assigned to address life safety concerns for existing facilities, renovations and changes of use through scheduled inspections. The TFD life safety provisions applicable to development review are referenced from the fifth edition of the Florida Fire Prevention Code as adopted through Chapter 633, Florida Statutes. The Code incorporates the National Fire Protection Association (NFPA) Fire and Life Safety Codes. During the plan review process, the City of Tallahassee Growth Management Division and Leon County Development Support and Environmental Management use the Project Dox program for applicant submittal and staff review of site plans electronically. The city building department also uses the same program for construction reviews. During the site plan approval process, TFD plan evaluation frequently addresses the following criteria regarding life safety considerations:

• Traffic circulation and roadway width standards

• Need for and location of fire department related infrastructure

The TFD development review and approval determinations are included in the City of Tallahassee’s downtown redevelopment corridor - located along Gaines Street commonly referred to as the “College Town” area. This redevelopment area is included within a larger 18.2 square mile Multi-Modal

Transportation District (MMTD) which incorporates City development standards reflected in the MMTD code. Goals of the MMTD include an “emphasis on urban design and the public realm, thereby creating a pedestrian-friendly and transit-supportive district.” The TFD attempts to promote a balanced approach to requiring life safety improvements in the MMTD – minimizing the need for intrusive (i.e. unattractive) improvements where possible.

However, a 2014 approved site plan located in the MMTD generated discussions between Growth Management, TFD and utility service staff regarding the need for and location of fire department apparatus. The referenced site plan received approval for commercial/retail uses subject to installation of the following infrastructure:

• Fire Hydrant• Fire Department Connection

(for sprinklered buildings)• Post Indicator Valve• Backflow Preventor• Check Valves

Note that TFD approval of the proposed modifications was limited to allow painting of the backflow preventor and post indicator valves. The TFD determined that the landscape improvements may restrict a driver’s view at the intersection while exiting the property – particularly if landscaping is left unattended and allowed to grow larger. Fire hydrants and fire department connections require immediate access by first responders. The painting of these connections may reduce their visibility – particularly under adverse conditions.

continued on next page

Fig. 1: City of Tallahassee’s Mobility District


[TALLAHASSEE] FIRE DEPARTMENTcontinued from page 4

In reference to another project, the NFPA code requires that access and internal circulation roadways to a proposed development be constructed at a 20 foot minimum width for public roadways (note that the Code exempts construction of one single family or duplex unit from this requirement). An auto-turn traffic circulation plan simulating the average length of a fire truck (BUS-40) is required to be included during site plan reviews. It is significant to note that this proposed use is a hardware store. Individual auto-turn configurations have been included for large delivery trucks, solid waste vehicles (access to dumpsters) and fire truck circulations. Note that the TFD may require an updated plan if the proposed circulation path encroaches over parking spaces, curbs, landscape islands, etc. The TFD has also reviewed an increasing number of site plans located in the rural unincorporated areas of Leon County. Many proposed developments in these unincorporated areas consist of low density residential uses commonly serviced by septic tanks and private wells. The provision of adequate access for fire trucks is the primary life safety concern in these rural areas. Along with adequate roadway widths, the NFPA code requires that an adequate turn around be provided for roadways in excess of 150 feet (as indicated on the above referenced plan). The code does not specify the type of roadway surface needed – only that the surface is adequate to maintain the weight of fire department apparatus. Additionally, where applicable, roadway clearances are required to be maintained at a 13 ft. 6 in. height minimum – intended to avoid potential damage to fire department vehicles, etc. The previous examples provide only brief insight to a wide variety of life safety considerations included in the City of Tallahassee and Leon County development review processes as NFPA codes are applied to the site planning and construction review process. Continued TFD interaction with ever changing planning regulations and building code requirements is vital in order to produce quality developments in this community today and for the future.

Gary Donaldson is a Planner II/Plans Review for the Tallahassee Fire Department. He can be reached at [email protected].

Fig. 2: Fire safety site plan.

Fig. 3: Proposed illustration intended to ‘soften’ the appearance of required improvements.

Fig. 4: Auto turn circulation plan.


DO YOU KNOW A PLANNER WHO HAS MADE CONTRIBUTIONS

TO THE PROFESSION AND COMMUNITY THAT HAVE MADE A SIGNIFICANT DIFFERENCE?

Do any of these terms apply to you or a planner you know? You or they may be eligible for

nomination as a Fellow of the American Institute of Certified Planners (FAICP).

A Model PlannerMentor

Innovative PlannerExcellence in Professional Practice

Community Leader

The Executive Committee of the APA Florida Chapter is seeking nominations for the 2016 College of Fellows of the American Institute of Certified Planners. Those who are eligible for nomination must meet the following minimum requirements:

• Member of AICP for at least 15 years.• Member of AICP in good standing (current on dues).• Outstanding contribution to the profession over an

extended period of time.

There are certain criteria that all AICP members should achieve as outlined in the AICP Code of Ethics and Professional Conduct. Additionally, in order to qualify for Fellow status, the nominee must exhibit, and the nomination submission must document:

• Exceptional and sustained leadership.• Innovation and excellence.• A legacy for his/her profession, community and society.• Exceptional accomplishments in planning over an

extended period of time.

Qualified individuals may be elected to the AICP College of Fellows under one of the four nomination categories:

• Professional Practice• Teaching and Mentoring• Research• Community Service & Leadership

To learn more about the College of Fellows and the nomination process, please go to the FAICP website at http://www.planning.org/faicp/.

Please submit the name of anyone who you believe meets the qualifications stated above along with a brief statement of why you think this person meets the criteria above and the individual’s biography/resume, by Friday, May 25. Please submit this information to the APA Florida Chapter Office by email at [email protected] or by mail to 2017 Delta Boulevard, Suite 201, Tallahassee, FL 32303.



Aging in place has been identified as one of 10 emphasis areas in Florida’s Aging Road User Strategic Safety Plan. This strategic plan was developed by our coalition with an overall goal to reduce crashes for Florida’s aging drivers by improving their safety, access, and mobility. Our aging in place team is developing resources and providing information to help us reach our goals and meet the following objectives:

• To increase the number of livable communities in Florida.

• To improve a transportation environment that better accommodates the safety, access, and mobility of aging drivers.

We recently developed an Aging in Place Checklist to help individuals and communities assess their current neighborhood’s features and services and how those services contribute to a rewarding, healthy, and mobile life. By completing the checklist we can empower individuals to live a life of independence by having access to services while providing quality of life they

deserve even after they retire from driving.To help in the review, the checklist is divided into

four areas that promote aging in place:

The coalition uses the term “Aging in Place” and defines it as: “Living in a community with some level of independence in a residence of your choice. This includes having access to services that are needed day to day, while maintaining your independence and quality of life.”

Whether you use “aging in place,” “livable communities,” or “complete streets,” all share the common goal of successfully designing our communities and providing a variety of transportation options so that citizens of every age have safe and convenient access to daily destinations, whether or not they own or drive a car.


Age-Friendly CommunitiesBy Gail Holley

PROMOTING AND PREPARING

The Safe Mobility for Life Coalition wants to help older adults and communities understand the importance of mobility planning to ensure that individuals have access to features and services needed to successfully age in place.


• Community Design Getting Around

• Street Safety and Security

• Support Services andSocial Programs

Each of these areas provides detailed information on the features and services needed with simple yes or no questions. This format allow individuals to easily assess whether a specific community will meet their personal mobility needs.

Well-designed communities that support aging in place provide the opportunity for people to live

[AGE-FRIENDLY] COMMUNITIEScontinued from previous page

rewarding, healthy, and mobile lifestyles as they reach retirement age and years beyond. With a little planning, the Safe Mobility for Life Coalition can help older adults and community leaders find or create their ideal Florida age-friendly community.

To receive a copy of our Aging in Place Checklist or find a listing of Florida cities and towns that are preparing age-friendly communities, please visit www.flsams.org/AginginPlace.htm.

Gail M. Holley is the Florida Department of Transportation’s Safe Mobility for Life Program Manager.

SENIORS ARE KEY TO HELPING FELLOW SENIORS AGE IN PLACE

ITNOrlando (Independent Transportation Network Orlando) helps seniors plan for a better way to maintain independence long after they decide to give up their keys. The service provides transportation 24 hours a day, 7 days a week, and 365 days a year. They have a core of volunteer and paid drivers, that help meet the transportation needs of seniors, no matter where they want to travel to or when they would like to travel.

Here’s the catch: The average age for their stable of volunteers is 65.

ITNOrlando is a 501c(3) organization that delivers nearly 10,000 rides for seniors each year with 52 percent of those rides being delivered by volunteers.

Volunteer drivers receive mileage reimbursement of 45¢ a mile when a senior is in the car with them. The volunteer can use their reimbursement a combination of three ways:

• Take a check at the end of the month;

• Donate it back to the organization;

• Or Plan for their future transportation needs by receiving future ride credits in the amount earned for their volunteer contribution.

The Orlando chapter is a part of ITNAmerica, which has over 24 locations nationwide, including

two affiliates in Florida: ITNOrlando and ITNSarasota.

Currently, not every Orlando community is served by the organization, however, there are churches and organizations that maybe in need of volunteers to help meet the needs of seniors, enabling them to age in the comfort of their own homes as long as possible.

If you are looking for transportation in your area please visit http://www.ridesinsight.org/ for transportation resources.


The Florida Department of Transportation is updating the Florida Transportation Plan (FTP) and Strategic Intermodal System (SIS) Policy Plan by the end of 2015. The FTP defines Florida’s future transportation vision and identifies goals, objectives and strategies to guide Florida’s transportation decisions. The SIS comprises the state’s largest and most strategic transportation facilities, including major air, space, water, rail, transit, and highway facilities. The FTP is for all of Florida, at all levels – statewide, regional and local. It establishes the policy framework for allocating state and federal transportation funds. Partner input is a critical element to the development of successful FTP and SIS Policy Plans. Join in the conversation by commenting on-line, attending a public meeting or requesting a presentation regarding the FTP/SIS. To learn more, visit FloridaTransportationPlan.com or contact Melanie Weaver Carr at [email protected], (850) 414-4817. Melanie Weaver Carr is with the Florida Department of Transportation’s Office of Policy Planning.

STATEWIDE TRANSPORTATION PLAN UPDATES by Melanie Weaver Carr, Florida Department of Transportation

Regional workshops are being held throughout the state in June.

Please plan to attend a workshop in your area:

• Lake City – June 22, FDOT District 2 Auditorium

• Ft. Myers – June 23, Lee Tran Facility

• Fort Lauderdale – June 24, FDOT District 4 Auditorium

• The Villages – June 25, The Villages Sumter County Service Center


sidewalk and pedestrian connections, joint use, and co-location of parks, as well as identifying potential opportunities, issues or roadblocks.

Traffic and pedestrian issues and roadblocks are directed to the Student Pedestrian Safety Committee, a multi-jurisdictional committee that meets monthly and develops site-specific solutions to enhance student pedestrian safety, and recommends a course of action to the applicable authority. This committee has been responsible for implementing signage at schools, rerouting traffic, and directing funds to build and connect sidewalks.

At the other end of the spectrum, school districts are a reviewing agency and have the opportunity to comment on proposed residential projects. We participate in development review committees, planning and zoning commission meetings, and local government public hearings to ensure we know the what, when, and where of growth. When warranted, conditions of approval are placed on projects to ensure the developer complies with the required mitigation.

In 2004 and again in 2012, Orange County voters overwhelmingly approved a countywide charter amendment that requires the county, local governments and school district to ensure capacity is available at schools affected by comprehensive plan amendments and rezonings. In 2008, the county, local governments, and school district entered into an inter-local agreement, as required by the Florida Legislature, to implement school concurrency and formalize the school capacity enhancement process - the review that is done as a result of the charter amendment - and outline requirements for joint meetings and data sharing.

So yes, we are in cahoots.Julie Salvo is a senior administrator with Orange

County Public Schools. She can be reached at [email protected].

PARTNERS IN PLANNING: COORDINATION OR CAHOOTS? by: Julie Salvo

Years ago, I sat in the audience of a Orange County Board of County Commissioners meeting listening to testimony being given during a public hearing. An angry resident was at the podium, speaking against the project at hand, citing issues with traffic and school capacity. She wagged her finger, and accused the commissioners of being in “cahoots with the school district,” referring to the mitigation agreement the applicant had entered into with the school board.

My colleague at the county and I exchanged a look. Of course we were in cahoots! Our job is to be in cahoots! We were surprised to hear the term tossed out there, like it was a bad thing. Quite the opposite of what we usually hear – that governmental agencies never talk and never coordinate.

In the field of school planning, coordination is part of the daily routine. School districts, and by default school district planners, wear several hats: Educator. Employer. Land Owner. Transportation provider. Meal supplier. Developer. Infrastructure. Coordination occurs at every level, and takes many forms.

In Orange County, the Orange County Public Schools (OCPS) funds an aggressive construction and renovation schedule to keep up with growth. In order to build schools, district planners need to ensure proper land use and zoning is in place, like any other developer. Quarterly meetings with the county and cities are forums for planners and engineers to jointly review upcoming projects in the capital plan and manage issues, such as the provision of off-site infrastructure,


FLORIDA CITIZENS DRIVEplanning projects By Emily Hanna and Patti Shea

F lorida citizens and non-profits are making waves and pushing for better urban infrastructure, urban planning education and safety. Community and

citizen driven projects occur in every municipality and within every metropolitan area throughout the staet, but here are a few projects that are noteworthy and provide plenty of citizen engagement.

* * *

Dylan Gentile became a celebrity in the planning world when CityLab chronicled his struggle to make DeFuniak Springs, in Northwest Florida, more bike friendly. Why is he a celebrity? Dylan is 15 years old.

“I always liked city planning but I didn’t know what it was until I started researching it,” Dylan told us. “As I got older I learned that there were video games where you can design cities. I was 13 years old when I found out that city planning was a profession.”

Dylan rides his bike to school and has been nearly run down on several occasions. “I’d like to get a sidewalk on the road in front of my school. There’s so much red tape involved it’s going to take forever,” he says of having to navigate the school district, county and city planning panels. He started BikeWalk Defuniak to get the people of all ages involved in making the community a “livable community.” “I found if you get a bunch of people to annoy city officials they do something about it.” When Dylan puts his mind to something it gets done. He and a buddy got the last “whites only” water fountain removed from the city. Pretty impressive. When we first spoke Dylan said that the kids at his school weren’t interested in his crusade. But in a follow up message he was happy to say that with a little education and a lot of perseverance he had fellow students show up at one of his meetings, wanting to help. We’ll keep you posted on his progress. Asked of his future plans, Dylan said he has applied for a summer residency program at MIT. We think Dylan is going to be alright and perhaps one of our members soon will be offering him a job.

* * * continued on next page


[FLORIDA CITIZENS] PLANNING PROJECTScontinued from previous page

Down in Coral Gables, a new museum is making headlines for their community education and outreach programs. The Coral Gables Museum prides itself

on engaging its community members and educating them on architecture design, planning and preservation and educating the youth of these principles. Recently awarded with the Diamond Award for Outstanding Non-Profit Organization by the Coral Gables Chamber of Commerce, the museum leverages grant funding to provide educational programs to students, and recently received a $200,000 grant from Florida’s Department of Education to grow its Green City program. The program provides funding for students K-12 to visit the museum and learn aboutdesigning communities with environmental sustainability in mind. It also introduces students to architecture, design, urban planning and historic and environmental preservation. The museum hopes to expand the program, but so far over 30 schools have visited the museum and gone through the Green City Program. For more information about the Coral Cables Museum and the programs they offer visit their website.

* * *

Further up the east coast of Florida, a group of residents are pushing Volusia County leaders to end beach driving on a stretch of Daytona Beach. The Coastal Communities

Beach Access Roundtable Committee is starting with Daytona Beach officials before moving to Volusia County for support.

The group is an advocate for economically revitalizing the beach and is calling for developers to provide off-beach public parking for new developments along the beach. Developers would also have to deed the parking lots over to the county and pay for the creation of pedestrian access and crossing of A1A. Developers are already asking Volusia County leaders to remove vehicle access to the beach in front of their new developments, a new Westin hotel and the proposed Daytona Beach Hard Rock Café and Hotel. The Daytona Beach City Council will hear their arguments at a later date and no matter the outcome Volusia County leaders will make their decision later in the year. Emily Hanna is student at the University of Central Florida and a project coordinator for the Orange County Neighborhood Preservation & Revitalization Division. Patti Shea is APA Florida’s communications coordinator.



UCF STUDENTS RAISE FUNDS TO ATTEND SEATTLE CONFERENCE

Last year, 11 students from the University of Central Florida drove up to Atlanta to take part in the 2014 National Planning Conference,

and what an experience that was!

By: Emily Hanna

We met planners from around the world; learned amazing new techniques, technologies, and practices being used around the country; and attended workshops, tours, and receptions for different divisions within APA. When we left, we had not only learned amazing things but made memories that would last a lifetime. As we traveled back to Orlando, we were eager to attend the next National Planning Conference.

The only problem: The next conference was more than 3,000 miles away.

On arriving back home, our student organization, the Emerging Urban Knights Planning Association (Urban Knights), began brainstorming how we would get to NPC in Seattle. Seventeen of us are planning to make the trip, to learn, network, and have the experience of a lifetime. We decided we would have to start fundraising early and raise as much money as we could with the goal of getting all 17 students to Seattle for the least amount of money possible. Here are some of the ways we have raised funds so far:

• We started by reaching out to our school, which provided conference registration reimbursement

for those who signed up early to attend the conference.

• Next, we launched a crowdfunding website where Central Florida planning professionals, alumni, parents, and friends could donate to our trip. (Visit our crowdfunding site and learn about how the Missouri Association of Planning Students is crowdfunding as well.)

• With our crowdfunding site up and running, we held three carwashes — one with an ugly-sweater theme for Christmas, one for Valentine’s Day, and one for St. Paddy’s Day. Each of those carwashes brought us more than $200.

• We had a garage sale, with all the proceeds going to send Urban Knights to Seattle. In just a few short hours, we made more than $100!

Our student organization is very active and organized. Because of our dedication, great leadership, and support from our community and our school, we were able to achieve our goal. The

fundraising events brought our student group closer, and our hard work has paid off.

Emily Hanna is a Urban and Regional Planning graduate student at the University of Central Florida. This article was also posted on the APA conference website.

Congratulations to the University of Central Florida Emerging Urban Knights Planning Association who were presented with the Outstanding Planning Student Organization Award Honorable Mention for their Technical Skills Workshop Series at the APA national conference.WELL DONE!


The inspiration of this article came when the author viewed a video of the city attorney for Tarpon Springs, Fla., James Yacavona. In the video, Mr. Yacavona presented to various Tarpon Springs municipal board members on how to make quasi-judicial decisions.1

PURPOSE Planning commissioners, zoning board members, board of adjustment members, and code enforcement board members/special magistrates (all referred herein as

commissioners) are local government officials entrusted with the power to decide court-like cases. The cases they decide constitute either the first level of review before the issue next goes to a local governing body (made up of a village, town, city, or county commission), or the final decision subject to appeal via the courts. Even though commissioners hear testimony and apply legal principals to make judicial-like rulings in Florida, there is no a requirement that commissioners be licensed as an attorney to hold office. It is therefore the purpose of this article to educate those planning decision makers without the benefit of a law school education about some basic concepts that might help them better evaluate evidence.

WHAT IS A QUASI-JUDICIAL HEARING? The Meriam-Webster Dictionary defines the term “quasi” as “having some resemblance usually by possession of certain attributes.”2 In simpler terms, “quasi” means “like.” So the term quasi-judicial means like-judicial or judicial-like. In relation to land use matters, it is a judicial-like or court-like proceeding in which the decision makers apply the applicable law to the facts to decide cases either for or against an applicant, on matters such as specific rezonings, special-use permits, and variances. A quasi-judicial ruling must comply with due process and be supported by evidence, just like a court ruling, even though there is not necessarily the same burden of proof between the two.3

Quasi-Judicial Hearing is similar to, but also different from, a Court ProceedingBasically, a commissioner in a quasi-judicial hearing equates to the fact finder in a trial. In a jury trial, the judge ultimately acts as the referee, making the call about what types of evidence can go to

Legal and Evidentiary

Concepts to Help

Non-Lawyers Decide

Quasi-Judicial Matters

By: James Argento, Esq., Attorney

& Chairman of the Planning and

Zoning Commission for the City

of Leesburg, Fla.



[IN MY] OPINIONcontinued from previous page

the jury. It is the job of the jury to weigh the evidence and determine whether the person is guilty of a crime beyond a reasonable doubt or civilly liable for an act by a preponderance of the evidence. In a bench trial, where there is no jury, the judge acts as the finder of fact too. In that situation, the judge must disregard inadmissible evidence to render a fair verdict. Florida evidence laws and court rules restrict what types of evidence the fact finder for both criminal and civil cases can consider for the decision to be considered reliable.4

The Third District Court of Appeal in Florida however has ruled that “quasi-judicial proceedings are not controlled by strict rules of evidence and procedure ... the parties must be able to present evidence, cross-examine witnesses, and be informed of all the facts upon which the commission acts.”5

Even though a chair of a commission might be the one running the meeting, like a judge running a courtroom, the chair does not have the ability to deny inappropriate evidence and act as judicial gate keeper. While commissioners hear evidence that would not be permitted under the Florida Evidence Code in a regular court case, however it does not mean that they should not utilize critical thinking when determining whether the evidence is reliable and if it should form the basis of a decision.

WHAT ARE THE DIFFERENT TYPES OF EVIDENCE? One type of evidence that commissioners hear is testimonial evidence, where the applicant, staff, or another witness speaks (many times under oath.) A second type is physical evidence, such as documents and exhibits. In court, certain statements and materials only can come in if the examining attorney lays the proper foundation by asking the appropriate a series of predicate questions. For instance, in a Florida court, a lawyer trying to admit a picture of a crime scene into evidence must have a witness testify that the picture fairly and accurately represented the scene.6

Since the rules are relaxed in a quasi-judicial setting however, all a staff member has to do to introduce zoning map at the hearing is to just show it to the commission for it to come in.

RELEVANCE The Florida Evidence Code states that “relevant evidence is evidence tending to prove a material fact.”7 The evidence commissioners consider should be material to the issue at hand. In court, irrelevant evidence is usually not allowed. In a quasi-judicial hearing, immaterial evidence can come in, and might

continued on page 24

Plum CreekYour Economic Development and Conservation Partner

PlumCreek.com/Florida


Ideas transform communitiesThe greatest accomplishments start with the smallest details, like handshakes that become friendships and ideas that transform communities. This is where great begins.

hdrinc.com


APA Florida PLANNERS ON THE MOVE

JOSH PHILPOT, AICP, MOVES TO STANTEC, FORT MYERS Josh Philpot, AICP, recently began a new job with Stantec in its Fort Myers office. He brings a wealth of knowledge and a decade of experience with Lee County Growth Management and

four years as the Manager of Planning with the Lee County Port Authority (LCPA). Josh’s experience as a senior planner for Lee County’s Division of Zoning, combined with his aviation planning background, has afforded him an in-depth knowledge of the regulations, processes and requirements associated with Comprehensive Planning and Zoning actions.

WHIT BLANTON, FAICP, NAMED EXECUTIVE DIRECTOR OF PINELLAS COUNCIL Whit Blanton, FAICP, was hired as the executive director of the newly unified Pinellas MPO and Pinellas Planning Council, with responsibility for countywide land use and transportation planning.

Whit will begin in his new capacity mid- to late-June. Whit said he will continue to serve as a Board Director of APA and in the leadership roles he’s been assigned through the end of his elected term and then will make a determination of how to best continue service. Whit said in a statement: “I’m excited because jobs like this in the public sector are rarely created. Pinellas County, with 1 million population among 24 municipalities including St. Petersburg, Clearwater, Dunedin and Tarpon Springs on Florida’s Gulf Coast, is a mostly built-out urban county with a growing realization that redevelopment and multimodal transportation are the keys to its future economic growth and continued livability. It’s also home to the Tampa Bay Rays (for how much longer, who knows). I have not, and would not, consider any other job in the public sector or elsewhere, were it not for this unique opportunity in a county I truly love and appreciate.”

We design communitiesthat feel like home. stantec.com


The APA Florida Executive Committee recently held its quarterly meeting. Here are some items of note:

MARKETING STRATEGY The Education/Outreach/Policy Task Group, led by Dodie Selig, recently completed the APA Florida Marketing Strategy report, which provides a framework to enhance the chapter’s outreach activities and increase sponsor and advertising participation. If you are interested in a copy of the report, please contact the chapter office.

MEMBER VIDEOS Over the next few months check out the APA Florida website and social media platforms for videos from members describing the value of their APA Florida membership. Thank you to all those who spoke to us.

BYLAWS UPDATE For several months the Bylaws Committee, led by Alissa Barber Torres, has been meeting to evaluate needed amendments and prepare draft changes. They are near completion and will be presented to membership for voting over the summer.

Each year APA holds a Delegates Assembly at the national conference. This is an important step in development of APA’s advocacy program and forms the basis for the adoption of the organization’s policy position on key topics. The focus of the 2015 Delegate Assembly was a workshop on developing a specific policy platform and set of policy position statements for the newly drafted Planning for Sustainability Policy Guide. The workshop served as the basis for adoption of this Policy Guide in the fall of 2015.

The chapters are allotted a number of delegates based on their membership; this year, APA Florida had seven delegates. A big thank you to the following members who agreed to serve: Melissa Zornitta, Brian Teeple, Brian Smith, Allison Megrath, Bob Mulhere, Silvia Vargas and Henry Bittaker.

Over the course of the assembly, the delegates developed recommended refinements and clarification to the guide, adding specific policy positions or advocacy outcomes in each topic area where appropriate.

Tim Brown, AICP, was presented with the Divisions Council 2015 Chair’s Award at the APA Annual Meeting in Seattle. Congratulations to Tim!

The APA Florida Gold Coast Section and the Opa-locka Community Development Corporation were honored at the APA national conference with the National Planning Achievement Award for a Grassroots Initiative for their pop-up park project in Opa-locka. Congratulations!

EXECUTIVE COMMITTEE UPDATE

NATIONAL DELEGATES ASSEMBLY

MEMBERS GET TOP AWARDS

APA FLORIDA WORKING FOR YOU


APA Florida SECTION HAPPENINGS!

FIRST COAST SECTIONWORKSHOP SUCCESS. The First Coast Section successfully completed two Local Planning Agency Training Workshops in March and April. This is the second time the section has conducted the training. More than 30 appointed officials from nearly every county in the section attended both workshops!

PARK TOUR BRAINSTORM. On April 2, First Coast planners learned about the rebirth of Hemming Park, Downtown

Jacksonville’s iconic public square and helped envision what it can become in the coming years. The section partnered with the Friends of Hemming Park and shared their knowledge and ideas with park staff. After a tour of the park and surrounding area, the section supplied lunch as the group discussed placemaking principles from the Project for Public Spaces. It was a beautiful sunny day full of fresh ideas and tools to build with in the coming months as Hemming Park becomes more routinely programmed and utilized.

SCHOLARSHIP AVAILABLE. The section intends to award a $2,000 Jeannie Fewell Scholarship to graduate students in planning or related fields. This scholarship program was established to honor former Jacksonville Planning and Development Director Jeannie Fewell, who was a planner with an impressive record of service to the community and the planning profession. To be eligible, applicants must be enrolled in an accredited graduate program in planning with an intent to pursue a career in planning. Applicants are ranked based on criteria that include character, commitment to high ideals, service to the community, persistence in overcoming barriers, and academic excellence. For more information, visit the section’s web page.

PROMISE LANDS SECTIONSECTION ELECTIONS. Officer elections will

be underway in 2015 including Promised Lands Section Chair, Vice Chair, Treasurer and Secretary for the 2015-2017 term. Thank you to Alexis Crespo, Jackie Genson and Sharon Jenkins-Owen for serving on the Promised Lands Nominating Committee. And thank you to all our officers who volunteered their time and efforts to the Promised Lands during the 2013-15 term. If you are interested in serving as an officer or in any other capacity – please contact any member of the nominating committee.

ULI SERIES TACKLES GROWTH. Join ULI Southwest Florida, the Promised Lands and a whole host of partners in a four-part series as we evaluate the direction the region is moving to prepare for the increase in population. Each session will examine the current development patterns and how each county is positioning itself to accommodate the expected growth while maintaining a quality of life and protecting valuable resources. Coming next: The Future of Development in Charlotte County. 7:45 to 10 am on May 15 at Florida Gulf Coast University, Sugden Hall 111. AICP/CM credits pending approval.



[SECTION] HAPPENINGScontinued from previous page

Registration information is here.SESSION WRAP UP. Save the date for the 2015 review of the Florida Legislative Session – including members of the SW Florida delegation. The section is partnering with the ULI of SW Florida. The event begins at 8 am on Wednesday, May 20, at the Olde Cypress Clubhouse in Naples. AICP/CM credits pending. Info here.

SAVE THE DATE. The Promised Land sections and city of Fort Myers will host a “Making Dollars and Sense of Mixed Use” symposium. Nationally-renowned planners Chris Leinberger and Joe Minicozzi are the keynote speakers. The event is from 7:30 am to 3:30 pm on Oct. 15 at the Harborside Event Center. AICM/CM credits pending approval.

SUN COASTCAREERS IN PLANNING EVENT. The USF Student Planning Organization, in partnership with the Sun Coast Section of APA Florida, hosted a Careers

in Planning panel discussion on April 3. The panel discussion was designed to provide an opportunity for prospective planners to hear about the day-to-day work, challenges, and opportunities of planners from a variety of specializations in the public and private sectors. Sixteen prospective planners attended the event, including a mix of USF Masters of Urban & Regional Planning students, early-career professional planners, and potential future planners pondering a new career. Panelists included APA Sun Coast members Jay Collins, Catherine Hartley, Evan Johnson, Sarah McKinley, and Jennifer Willman. Stantec graciously hosted the event at their Ybor City location, and Stantec’s Jennifer Willman provided an excellent tour of the building, which is an adaptive re-use of the historic Seidenberg cigar factory. The event was followed immediately afterward by the Spring Happy Hour, hosted by the Sun Coast section of APA Florida and the APA Florida Young Planners Group at New World Brewery. There was a great turn out on a beautiful spring evening.


City of Jacksonville v. Smith, 2015 WL 798154 (Fla. 1st DCA Feb. 26, 2015) In 2005, the Smiths purchased a parcel of undeveloped riverfront property on which they desired to construct a luxury home or sell for such use. An adjacent lot was owned by the city of Jacksonville and was deed restricted for recreational use by Duval County employees. Without notifying the Smiths, the city obtained a cancellation of the deed restriction and rezoned its property so the city could construct a two-story, 13,000 square-foot fire station with multiple fire and rescue vehicles and a 265-foot dock with berths for two large fireboats and a Florida Marine Patrol boat. The Smiths filed a Bert Harris Act lawsuit, contending that the construction of the fire station “inordinately burdened” their property because the fire station “made the property unmarketable as a luxury home site.” The Smiths contended that the construction of the fire station diminished the value of their property by $470,000. The city responded that the Bert Harris Act was not applicable because the city had not applied a law, regulation, or ordinance that restricted or limited the use of the Smith’s property. The trial court rejected the city’s argument and concluded that the construction of the fire station resulted in an inordinate burden on the Smith’s adjacent property. The city appealed the trial court’s decision. In a nine (9) to five (5) en banc decision, the Florida First District Court of Appeal reversed the trial court’s decision. The First District concluded, as a matter of law, that “a property owner may [not] maintain an action pursuant to the Harris Act if that owner has not had a law, regulation, or ordinance applied which restricts or limits the use of the owner’s property.” Moreover, the First District held that extending the applicability of the Bert Harris Act to adjacent property owners would “severely affect the functioning of a number of levels of government” – exposing local governments to a cause of action for damages whenever

LAND USE & PLANNING: Law Case Update by: David Theriaque, Esq.

rezoning and permitting decisions arguably resulted in a detrimental impact to adjoining and nearby properties. Thus, the First District concluded that “the trial court’s interpretation of the Act would create a cataclysmic change in the law of regularity takings which common sense dictates the Legislature would not have intended without directly and specifically providing for it.” In light of the fact that the city’s actions pertained to its property and not the Smiths’ property, the First District concluded that the Smiths did not have the legal right to file a Bert Harris Act case against the City. Notably, five (5) judges construed the Bert Harris Act as applying to property owners such as the Smiths. This case provides an extensive analysis of the Bert Harris Act and presents two differing interpretations of the applicability of the act to adjacent property owners. Although a lengthy opinion, it is worthwhile to take the time to read the majority and dissenting opinions.

David Theriaque is with the firm of Theriaque & Spain in Tallahassee. He can be contacted at [email protected].


[IN MY] OPINIONcontinued from page 17

wrongly even be the deciding factor for a planning commissioner on whether to grant or deny an applicant’s request in a case. An example of irrelevant evidence at a meeting could be when a neighbor objects to a rezoning of next-door land from residential to commercial and says he is against it because he does not like the neighbor.

LACK OF PERSONAL KNOWLEDGE The Florida Evidence Code states that lay witnesses “may not testify to a matter unless evidence is introduced which is sufficient to support a finding that the witness has personal knowledge of a matter.”8

Basically Florida law restricts those testifying (unless they are expert witnesses) to have personal knowledge. The proof of personal knowledge may be the witness’s own testimony. For instance, before an attorney can question a witness about details of a stabbing, the attorney must ask questions that elicit answers that the witness was actually present for the stabbing and can talk about what the witness saw. An example of lacking personal knowledge on a matter would be a member of the public stating to the planning commission that “Farmer Hope told me that the runoff from the noise from the proposed factory would bother his goats.” Please note, expert witnesses testify in court, just as they testify in planning meetings. Those expert witnesses are able to give an opinion in court without personal knowledge of a particular happening if they are able to utilize specialized knowledge to assist the trier of fact with an understanding of the evidence.9

HEARSAY The Florida Evidence Code defines hearsay as “a statement, other than one made by the declarant while testifying at trial or hearing, offered in evidence to prove the truth of the matter asserted.”10 A hearsay statement is not admissible (unless it meets a certain exception, such as a party to the action making an admission to someone else) in court and will be objected to by a seasoned trial attorney. The pervious example used is also hearsay because member of the public stated something said by Farmer Hope. If Farmer Hope came in person and made that statement to the commissioners about the runoff impacting his goats, it would not be hearsay. Hearsay can and does come in at quasi-judicial hearings even though you do not have the original person there who made the statement and have no way to measure that person’s credibility.

SUGGESTIONS FOR COMMISSIONERSIt is therefore up to commissioners to consider whether what they hear or what they see at a hearing has anything to do with the case at hand? A question commissioners should also ask themselves is “Does this person know what they are talking about?” Commissioners should further consider about a statement made if the person here who actually said it? If inappropriate evidence comes up, a commissioner might politely say after a presentation of staff or citizen that contains evidence that is not reliable for whatever the reason. Maybe a commissioner can say the evidence is not really relevant to the issue at hand, or is not based on personal knowledge, or is a statement made by somebody else. Please note, by saying it out loud, it is getting on the record, which the courts evaluate on appeal. By saying it aloud also, the commissioner is pointing it out to other commissioners who did not catch that the evidence is suspect. By applying these non-mandatory concepts, commissioners can better evaluate evidence in a quasi-judicial hearing. James Argento graduated with a JD from Florida State University in 2007 and became a lawyer in Florida later that year. As an attorney, he has tried cases in front of judges and juries. He, his wife, and their son live in Leesburg, Lake County, Fla. In 2010, he was appointed to the City of Leesburg Planning and Zoning Commission, originally as alternate. In 2012, the City Commission switched his office from alternate to regular member. That year, his fellow planning commissioners elected him chairman, a position he continues to serve in. This article represents the views of the author alone and not the City of Leesburg or any other organization.1. Tarpon Springs City Hall (2013, July) Quasi-Proceedings, Sunshine, Public Records & Ethics Presentation. Retrieved from http://www.youtube.com/watch?v-2mMILgOs00E. 2. Meriam-Webster Online Dictionary. Retrieved from http://www.meriam-webster.com/dictionary/quasi.3. Florida Land Development Regulations (2011, July) What is Competent Substantial Evidence in Florida Land Use Hearings. Retrieved from http://floridaldrs.com/2011/07/08. http://floridaldrs.com/2011/07/08/what-is-competent-substantial.4. See Florida Evidence Code under Chapter 90 of Florida Statutes and the Florida Rules of Court Procedure.5. Jennings v. Dade County, 589 So.2d 1340-41 (Fla. 3d DCA 1991). 6. C. Ehrhardt, Florida Evidence § 401.3 (2013 Edition)7. C. Ehrhardt, Florida Evidence § 401.1 (2013 Edition)8. C. Ehrhardt, Florida Evidence § 604.1 (2013 Edition)9. C. Ehrhardt, Florida Evidence § 702.1 (2013 Edition)10. C. Ehrhardt, Florida Evidence § 801.2 (2013 Edition)


[CONSULTANTS] DIRECTORYAdvertise in the Consultants DirectoryThe Consultant Directory is a fitting place to showcase your firm. $250 buys space for a year in the newsletter (five issues) plus inclusion in our web-based consultant directory. Display ads to promote your business, conference, projects and more are available. Contact the Chapter office at 850-201-3272 for rates and details.

[UPCOMING] EVENTSMAY 10-15: GOVERNOR’S HURRICANE CONFERENCEOrlando. With more than 41 training sessions and 45 workshops, the conference remains the premier event for the delivery of training and education. This year’s sessions, workshops, and general session will focus on new methods to “Rethink Resilience.” Click here for more information.

MAY 15: ULI SERIES: THE FUTURE OF DEVELOPMENT IN CHARLOTTE COUNTY Fort Myers. Join ULI Southwest Florida to evaluate the direction the region is moving to prepare for the increase in population. Participate in this in-depth review of land use issues that affect the future of our region and the balance we strive to achieve between agricultural, environmental, and economic development needs. Click here for more information.

MAY 20: 2015 LEGISLATIVE WRAP UPNaples. Get an in-depth review of the 2015 Florida legislative session, including insight from member of the Southwest Florida delegation. Click here for more information.

JUNE 6: MOBILE WORKSHOP TO ALYS BEACH, SOUTH WALTONEmerald Coast. Mobile tour of Alys Beach, Seaside and South Walton newest developments. Highlights of the day include: Joint meeting with Capital Region and Emerald Coast sections planners; tour and discussion of recent Walton County development with local development representatives and legal insights by attorney Gary Vorbeck; visiting Alys Beach, with a talk led by the Town Architect Marieann Khoury-Vogt; walking tour of Seaside led by town founder Robert Davis. 6 AICP CM credits pending, including 1.5 law credits. Click here for more information.

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

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

CHANGES OF ADDRESS For APA members, Send to: Member Records Department American Planning Association 205 N. Michigan Ave., Ste. 1200 Chicago, IL 60601

Fax: 312/786-6700 or log onto www.planning.org/myapa

ARTICLESFlorida Planning welcomes articles, announcements, letters, pictures and advertising. Call 850/201-3272 regarding articles. The next issue will be published July 2015.

DEADLINESArticle deadlines are generally four weeks prior to publication. Ad dead-lines are generally two weeks prior to publication. Consult the editor for any exception to this schedule.

ABOUT THE CHAPTERAPA Florida is a non-profit organiza-tion funded through membership dues and fees. Contributions are also welcomed for general purposes and earmarked programs. Please note that contributes are not tax deductible.

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

APA Florida2017 Delta Boulevard, Suite 201Tallahassee, FL 32302

Phone: (850) 201-3272Fax: (850) 807-2576

[THANK YOU] TO OUR ANNUAL SPONSORS

Documents

FLORIDA PLANNING · 4 Spring 2015 / Florida Planning [TALLAHASSEE] FIRE DEPARTMENT continued from cover page construction plan reviews. One staff member is also a planner who reviews