PLANNING AND ZONING COMMISSION (P&Z)

Donna A. Keys-District 1 Jens Tripson-District 3 Gregory W. Smith-District 4 Pilar E. Turner-District 5 David L. Cox-Member at Large Sam Zimmerman-District 2

Carol Johnson - Non-voting liaison School Board

George Hamner, Jr., Chairman

The Planning and Zoning Commission will meet at 7:00 p.m. ON THURSDAY, May 28, 2009, in the County Commission Chambers of the County Administration Building, 1801 27'h Street, Vero Beach.

THE PLANNING AND ZONING COMMISSION SHALL ADJOURN NO LATER THAN I 1:00 P.M. UNLESS THE MEETING IS EXTENDED OR CONTINUED TO A TIME CERTAIN BY A COMMISSION VOTE.

ITEM #1

ITEM#2

ITEM#3

ITEM#4

AGENDA

CALL TO ORDER AND PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES

A. May 14, 2009

ITEM NOT ON CONSENT

A. Sebastian River Medical Center, Inc's. request for major site plan approval for an expansion of the existing hospital facility. Sebastian River Medical Center, Inc., Owner. Masteller & Moler, Inc., Agent. Located at the northwest comer ofUS Highway I and Bay Street. Zoning Classification: MED, Medical. Land Use Designation: C/I: Commercial/Industrial. (SP-MA-09-05-13 / 98060013-63604] [Qnasi-Judicial]

COMMISSIONERS MATTERS

F:\Communily Development\Uscrs\CurDcv\P&Z\Agenda & Lists 2009\.5-28-09 Agcnda.rtf

ITEM#5 PLANNING MATTERS

A. Planning Information Package

ITEM#6 ATTORNEY'S MATTERS

ITEM#7 ADJOURNMENT

ANYONE WHO MAY WISH TO APPEAL ANY DECISION, WHICH MAY BE MADE AT THIS MEETING, WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE ON WHICH THE APPEAL IS BASED.

ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 772-226-1223, (TDD #772-770-5215) AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.

Meeting may be broadcast live on Comcast Cable Channel 27 - may be rebroadcast continuously Saturday 7:00 p.m. until Sunday morning 7:00 a.m. Meeting broadcast same as above on Comcast Broadband, Channel 27 in Sebastian.

!':\Community Development\Users\CurDevlP&Z\Agenda & Lists 2009\5-28-09 Agcnda.rtf ?

PLANNING AND ZONING COMMISSION

There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (P&Z) on Thursday, May 14, 2009 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 2?1h Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on Indian River County website www.ircgov.com/Boards/PZC/2009.

Present were members: Chairman George Hamner, Member-at­Large; Donna Keys, District 1 Appointee; Sam Zimmerman, District 2 Appointee; Jens Tripson, District 3 Appointee; Greg Smith, District 4 Appointee; Pilar Turner, District 5 Appointee; and Dr. David Cox, Member-at-Large.

Absent was Carol Johnson, non-voting School Board Liaison (excused).

Also present was IRC staff: George Glenn, Assistant County Attorney; Bob Keating, Community Development Director; Stan Boling, Planning Director; Steven Deardeuff, Senior Planner; and Reta Smith, Recording Secretary.

Call to Order and Pledge of Allegiance (5:12:34)

Chairman Hamner called the meeting to order and led all in the Pledge of Allegiance.

Approval of Minutes (5:13:10)

ON MOTION BY Dr. Cox, SECONDED BY Ms. Keys, the members voted unanimously (7-0) to approve the minutes of the meeting of April 23, 2009, as presented.

Public Hearing (5: 13:27)

Chairman Hamner read the following into the record:

A. William Gregory Construction Inc's Request to Amend the Future Land Use Map to Redesignate ±.32 Acres From M-1, Medium-Density Residential-1 (up to 8 units/acre) to C/1,

PZC/Unapproved 1 May 14, 2009 F:/BCC/AII Committees/P&Z/2009Agendas & Minutes/PZC051409.doc

Commercial/Industrial District; and to Rezone the ±.32 Acres From RM-8, Multiple-Family Residential-1 District (up to 8 units/acre),to OCR, Office, Commercial, Residential District. The subject property is located on the northwest corner of Indian River Blvd and 3J1h Street. (LUDA/RZON-2005070271-55266) [Legislative]

Mr. Steven Deardeuff, IRC Senior Planner (5:13:52), reviewed the information contained in his memorandum dated April 27, 2009, a copy of which is on file in the County Commission Office.

Mr. Tripson inquired if the 2,800 square foot footprint included the building, parking and stormwater. Mr. Bob Keating, IRC Community Development Director, acknowledged there would be a significant design challenge regardless of how the property was zoned. He related parking and stormwater could conceivably go in a portion of the setbacks, but there was insufficient area to accommodate everything and the southern setback was constrained by the 35 foot drainage easement. He thought parking would have to go under the building and he was not sure how the stormwater would be handled.

Mr. Keating felt this was an example of one of the drawbacks of the State's eminent domain requirements. He explained because the County could not prove a necessity for this remaining small parcel during the Indian River Boulevard extension it had to stay with the land owner, even though it was virtually unbuildable.

Chairman Hamner opened the public hearing at 7:09 p.m.

Mr. Victor Demattia, 29 Sailfish Road, Vero Beach, Florida (5:22:01 ), pointed out the traffic constraints at the location and felt sure the Florida Department of Transportation would not allow a driveway in or out of the property because of safety issues.

Discussion followed.

Chairman Hamner closed the public hearing at 7:15 p.m.

5:27:33 ON MOTION BY Dr. Cox, SECONDED BY Mr. Tripson, the member voted unanimously (7-0) to approve staff's recommendation.

PZC/Unapproved 2 May 14, 2009 F:/BCC/AII Committees/P&Z/2009Agendas & Minutes/PZC051409.doc

Commissioners Matters (5:27:53)

None.

Planning Matters (5:27:57)

Mr. Stan Boling, IRC Planning Director, advised on Tuesday, May 9, 2009 the Board of County Commissioners would be considering two Land Development Regulation amendments involving corridor sign regulations and the temporary suspension issue, which were addressed by the P&Z on April 23, 2009. He requested the members coordinate with him regarding dates they would be absent from meetings due to upcoming summer vacations.

Attorney's Matters (5:30:53)

None.

There being no further business, the meeting was adjourned at 7:17 p.m.

George Hamner, Chairman Date

Reta Smith, Recording Secretary Date

PZC/Unapproved 3 May 14, 2009 F:/BCC/AII Committees/P&Z/2009Agendas & Minutes/PZC051409.doc

INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: The Honorable Members of the Planning and Zoning Commission

Robert M. Keating, AICP Community Development Direct

THROUGH: Stan Boling, AICP Planning Director

FROM: John W. McCoy, AICP ::1' W '(J\ Senior Planner, Current Development

DATE: May II, 2009

::r:Tc:m 3A MAJOR SITE PLAN [QUASI-JUDICIAL]

SUBJECT: Sebastian River Medical Center, Inc's. Request for Major Site Plan Approval for an Expansion of the Existing Hospital Facility [SP-MA-09-05-13 / 98060013-63604]

It is requested that the data herein presented be given formal consideration by the Planning and Zoning Commission at its regularly scheduled meeting of May 28, 2009.

DESCRIPTION AND CONDITIONS:

Masteller & Moler, Inc. has submitted a major site plan application on behalf of Sebastian River Medical Center, Inc. to construct an addition to its existing hospital facility in Roseland. The applicant is proposing to add a three story wing that will increase the number ofbeds and upgrade the rooms. Located at the northwest comer of US Highway I and Bay Street, the site is zoned MED, Medical, a district which allows hospitals and medically related uses. The expansion is proposed in two phases, with the first phase consisting of the building addition, helipad relocation, and an associated parking expansion, and the second phase consisting of only additional parking improvements.

ANALYSIS

1.

2.

3.

4.

Size of Overall Site

Zoning Classification:

Land Use Designation:

Floor Area:

17.73 acres

MED, Medical

C/I: Commercial/Industrial

Existing: Phase I: Phase II: Total:

113,105 square feet 48,311 square feet

0 square feet 161,416 square feet

F:\Community Development\Users\CurDev\P&Z\2009\Sebastian3storyexpansion PZC staffreport.rtf

5.

6.

Impervious Area: Existing: Phase I: Phase II: Total:

Open Space: Required: Provided:

30% 38.36%

302,943 square feet 95,407 square feet 77,621 square feet

475,971 square feet

Note: The open space figure reflects build-out conditions at the completion of the Phase II improvements.

7. Traffic Circulation: Access to the proposed expansion area will be provided by two proposed driveways to Bay Street. Both of the proposed driveways will be located west of(behind) the hospital. In addition to the two proposed driveways, there are two existing driveways east (in front) of the hospital. The eastern driveways connect to Bay Street and US Highway 1, and will not be affected by the

proposed construction.

Presently, one driveway to Bay Street exists west of the hospital. That driveway will be relocated further west. An additional (new) driveway will be constructed further west on Bay Street. Both of these driveways will be full movement driveways and serve the western parking lot. No off-site improvements are proposed to serve either of these driveways. The internal circulation system has been reviewed and approved by Traffic Engineering.

Traffic Engineering has also reviewed and approved a traffic impact study for the proposed expansion. Based on that study, no off-site roadway improvements are required.

8. Off-Street Parking:

Phase I Phase II

Existing 335 487

Added 152 184

Required 327 327(no change)

Provided 487 671

Note: The additional parking will accommodate any future building expansion.

9. Stormwater Management: A preliminary stormwater management plan has been approved by Public Works. The proposed stormwater management system consists of a dry treatment pond that outfalls to the north into an existing ditch that runs along the north property line. The ditch eventually outfalls to the St. Sebastian River. Prior to site plan release, the applicant will be required to obtain a Type "A" stormwater management permit.

10. Environmental Issues:

Uplands: Since the site is over 5 acres, the project is subject to the native upland set aside criteria in section 929.06. In this case, 3.2 acres of the 17.73 acre site are considered native upland habitat. To meet the 15% native upland set aside requirement, the applicant must preserve at least .48 acres of native uplands. The applicant is proposing to preserve .50 acres of native uplands. Prior to site plan release, this native uplands area will be placed in a conservation easement.

Wetlands: Environmental Planning staff has verified that no jurisdictional wetlands exist on site. Therefore, no wetland regulations apply.

F:\Community Development\Users\CurDev\P&Z\2009\SebastianJstoryexpansion PZC staffreport.rtf 2

Tree Protection/Mitigation: The applicant proposes to remove 3 specimen trees as part of the development and, in accordance with county tree protection regulations, proposes to plant mitigation trees on-site.

11. Listed Species:

Scrub Jays: During the initial phase of site plan review, the developer submitted a detailed environmental study to the county. Based on staffs review of that environmental study, a more detailed Scrub Jay specific survey was then conducted. That survey indicated that Scrub Jays did not use the site and that no Scrub Jay habitat exists on site. Environmental Planning staff has field-checked the site and accepted the Scrub jay survey results.

Gopher Tortoises: The initial environmental survey conducted on site indicated the presence of gopher tortoises. Proposed construction will impact some of the area identified in the survey as gopher tortoise habitat. Prior to site plan release, the applicant will be required to obtain approval from the Florida Fish and Wildlife Conservation Commission for relocation of the tortoises. Prior to clearing the site, the applicant will be required to have an on-site meeting with Environmental Planning staff to ensure proper preparation for handling the tortoises.

12. Landscape and Buffering Plan: The landscape plan is in conformance with Chapter 926 landscape and buffer requirements, including perimeter buffering and foundation plantings that meet the Roseland Corridor criteria.

To the north of and adjacent to the expansion area is a local road and single-family lots within the Ercildoune Heights subdivision. That area of Ercildoune Heights is zoned RS-6, residential single-family (up to 6 units/acre). Because of the RS-6 zoning of the adjacent property, a 20' wide Type "C" buffer with a 6' opaque feature is required between the medical center use and the residential properties to the north. The landscape plan proposes a Type "C" buffer along the north property line that includes an upland preservation area and planted buffer. In the preservation area, the 6' opaque feature will consist of preserved and supplemental vegetation, while in the planted area the 6' opaque feature will consist ofberm and vegetation. At the closest points, the parking lot will come within 25' of the north property line, while the closest building ( existing) is approximately 60' from the property line.

Because the site to the west of the expansion area is commercially designated, no special buffer is required adjacent to that site. A Roseland Corridor plan landscape strip is provided along the site's Bay Street frontage.

13. Utilities: The project will be served by county water and sewer. The Department ofUtility Services and the Environmental Health Department have approved these utility provisions.

14. Dedications and Improvements:

- Sidewalks: A 5' wide sidewalk is required along the site's Bay Street frontage. The sidewalk is depicted on the plans and will connect to an on-site pedestrian system. The proposed sidewalk improvements must be constructed prior to the issuance of a certificate of occupancy for Phase I.

15. Signs: No new signs are proposed with this site plan application. Any new signage proposed in the future will require a separate permit and will be subject to the Roseland Corridor criteria.

F:\Community Developmcnt\Users\CurDev\P&Z\2009\Sebastian3storyexpansion PZC staffreport.rtf 3

16 Concurrency: As required under the county's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity was available to serve this project at the time of the determination. Prior to issuance of a building permit, the developer will be required to obtain a final concurrency certificate in accordance with county concurrency regulations.

17. Roseland Corridor: The subject site lies within the Roseland Corridor plan area. The Roseland Corridor Plan regulates the aesthetic qualities of buildings and sites through design criteria; sign criteria; landscape criteria; and use of materials, colors, and lighting. As proposed, this project is consistent with the Roseland corridor criteria.

18. Surrounding Land Use and Zoning:

North: Medical Office, Single-Family/MED, RS-6 South: Bay Street, Medical Office/MED East: US Highway 1, Medical Office/ CG, CL West: Vacant/MED

RECOMMENDATION:

Based on the above analysis, staff recommends that the Planning and Zoning Commission grant major site plan approval for the medical center addition with the following conditions:

1. Prior to site plan release, the applicant shall:

a. Obtain approval from the Florida Fish and Wildlife Commission for relocation of gopher tortoises, and

b. Grant the upland conservation easement.

2. Prior to clearing the site, the applicant shall have a pre-construction meeting on-site with Environmental Planning staff to ensure proper preparation for handling gopher tortoises.

3. Prior to the issuance of a Certificate of Occupancy for Phase I, the applicant shall:

a. Complete all required buffers as depicted on the approved site plan, and

b. Construct all required sidewalks as depicted on the approved site plan.

ATTACHMENTS:

1. 2. 3. 4. 5. 6. 7.

Application Location Map Traffic Summary Site Plan Landscape Plan Aerial Architecturals

APPROVED AS TO FORM

AN~--ev' GIOIG&A.GLINN

AS$1STANTCOUNTY ATTOIINIV

F:\Community Development\Users\CurDev\P&Z\2009\Sebastian3storyexpansion PZC staffreport.rtf 4

MAJOR SITE PLAN APPLICATON FORM

(SPMJ)

____ _':,

--".,--:

COMPUTER ASSIGNED PROJECT # q f O ~ 0 0 /3 FILE # & 3 W () l/ PROJECT NAME (PRINT): Sebastian River Medical Center Patient Tower Addition

PRE-APPLICATION CONFERENCE PROJECT NAME: Seb. River Med Center Patient Tower Addition

OWNER: (PRlNT) AGENT: (PRlNT) Sebastian River Medical. Emily Holliman. CEO NAME NAME 13695 U.S. Highway #1 ADDRESS ADDRESS Sebastian CITY 32958 ZIP

FL STATE

(772) 589-3186 PHONE

emily.holliman@srmc.hma-corp.com

FAX E-MAIL

CITY

ZIP

FAX

STATE

PHONE

( )

E-MAIL Emily Holliman CONT ACT PERSON CONTACT PERSON

Q -~ SI~ OF OWNER OR AGENT

PROJECT ENGINEER: (PRINT) Masteller & Moler, Inc.

PROJECT ARCHITECT: (PRINT) HHCP Architects, Inc.

NAME 1655 27th Street- Suite 2 ADDRESS Vero Beach CITY 32960 ZIP

Florida STATE

(772) 567-5300 PHONE

(772) 794-1106 mastmolr@bellsouth.net FAX E-MAIL Earl H. Masteller, P.E.

CONTACT PERSON

NAME 2601 Westhall Lane, Suite 222 ADDRESS Maitland CITY 32751 ZIP

FL STATE

( 407) 875-2722 PHONE

(407) 475-0811 dskufza@hhcp.com FAX E-MAIL

David Skufza

CONTACT PERSON

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ansportation Group, Inc. Engineering and Planning

SRMC MEDICAL CENTER EXECUTIVE TRAFFIC IMPACT STUDY SUMMARY

1. Location: the City of Sebastian.

2. Size: 48,311 additional square feet medical center space

3. Trip Generation:

• Net New Daily Trip Volume = 2,682 daily trips

• Net New A.M. Peak-Hour Volume= 54 a.m. peak-hour trips

• Net New P.M. Peak-Hour Volume =55 p.m. peak-hour trips

4. Area of Influence Boundaries:

• North - Indian River County Line

• South - City of Sebastian City Limits

• East - US Highway 1

• West - Roseland Road

5. Significant Roads:

• US 1 from North Sebastian City Limit to Roseland Road

• US 1 from Roseland Road to North County Line

• Roseland Road from North Sebastian City Limit to US 1

6. Significant Intersections:

• Pursuant to IRC Code definitions, the proposed development is not significant at any intersections

7. Trip Distribution:

See Figure 3 of April 2009 Traffic Impact Study Submittal and Figure 2 of April 2009 Methodology Letter

8. Internal Capture:

None

9. Pass-By Capture:

None

· ··· ·· 10: AM. Peak•Ho~r-Directional-%·(ingress/egress): · - ----- - ·--- --- ·- ·

Hospital - 59% in/41 % out

11. P .M. Peak-Hour Directional % (ingress/egress):

Hospital - 36% in/64% out

... - .AFPROYED.BY.: __ INDIAN RIVER CO TY TRAFFIC E !NEERING

5 '...:).2

123 Live Oak Ave. • Daytona Beach, FL 32114 • Phone 386.257.2571 • Fax 386.257.6996

www.lassitertransportation.com

'MfACffMlNT .... 3

Jeanne Bresett, Traffic Analyst May 22, 2009 Page2

12. Traffic Count Factors Applied:

• A.M. Peak-Hour: A growth rate of 5 percent per year was applied

• P.M. Peak-Hour: A growth rate of 2.5 percent per year was applied PLUS County vested trips

13. Off-Site Improvements:

• No off-site improvements are required for this project

14. Roadway Capacities:

• .See Response to Comments Exhibit 1

15. Assume Roadway or Intersection Improvements:

• No roadway or intersection improvements are required

16. Significant Dates:

• Pre-Study Conference: March 26, 2009

• Traffic Counts: April 15, 2009

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Lassit~ansportation Group, Inc. == E11gineeri11g and Planning

;lft'ACHMENT 3

EXHIBIT 1

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LINK#

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1210N 1210S 1385N 1385S 1390N 1390S 1395N 1395S 1400N 14008 1405N 1405S 1410N 1410S 1510N 1510S 1520N 1520S 1610E 1610W 1620E 1620W 1710E 1710W 1720E 1720W 1730E 1730W 1740E 1740W 1750E 1750W 1810E 1810W 1820E 1820W 1830E 1830W 1840E 1840W 2365N 2365S

· 2410N 24105 2420N 2420S 2430N 2430S 2440N 2440S 2450N 2450S 2460N 2460S 2470N 2470S 2480N 2480S ,. N 25108

· 2530E 2530W 254DE 2540W 2550E 2550W 2560E 2560W 2570E 257DW 2680E 2580W 2610E 2610N 2610W

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LINK DESCRIPTION caD11cK-, Exlstfna S.R.A1Af/N. IRS l//0.R. 510 860 504 S.R. A1Af/N. tRS U/C.R. 510 660 436 S.R. A1A//C.R. 5101/N. COUNTY LINE 998 401 S.R. A1A//C.R. 510//N. COUNTY LINE 998 664 l-951/N. COUNTY LINE//C.R. 512 2740 1800 1-951/N. COUNTY LINEI/C.R. 512 2.740 1850 U.S. 11169TH STREET/fOLD DIXIE HVVY 2648 1440 U.S. 11169TH STREET/IOLD DIXIE HWY' 1860 900 U.S. 1/JOLD DIXIE HWYi/SCHUMANN DR 2210 1442 U.S. 11/0LD DIXIE HWYi/SCHUMANN DR 1660 1 074 U.S. 1//SCHUMANN DR//C.R. 512 1 860 1207 U.S. 1fJSCHUMANN DR//C.R. 512 1 660 895 U.S. 1/JC.R. 512//N. SEB CITY L 1710 1 027 U.S. 11/C.R. 5121/N. SEB CliY L 1710 1 089 U.S. 1//N. SEB CITY U/ROSELAND RD 1 860 1 084 U.S. 1//N. SEB CITY LI/ROSELAND RD 1860 1 081 U.S. 1//ROSELAND RD/IN. COUNTY LINE 1860 1119 U.S. 1/JROSELAND RD/IN. COUNTY LINE 1860 924 SCHUMANN DR//C.R.5101@66TH AVE//$. SEB 860 794 SCHUMANN DRI/C.R. 510 tm 66TH AVE//$. SEB 860 348 SCHUMANN DR/JS. SEB CITY U/U.S. 1 860 129 SCHUMANN DR/JS. SEB CITY U/U.S. 1 660 210 ROSELAND RD//C.R. 512//N. SEB CITY L 660 293 ROSELAND RD/IC.R. 512//N. $EB CITY l 660 329 ROSELAND RDl/N. SEB CITY LI/U.S. 1 660 408 ROSELAND RD/IN. SES CITY LI/U.S. 1 660 449 C.R. 512//S.R. 60//1-95 660 394 C.R. 512/JS.R. 60/11-95 660 655 C.R. 512//1-95//C.R. 510 1 860 553 C.R. 512//1-951/C.R. 510 1 660 696 C.R. 512//C.R. 510//W. SEB CITY L 1660 938 C.R. 512//C.R. 510/FW. SEB CllY L 1660 716 C.R. 512//W. SEB CITY LI/ROSELAND RO 1860 1 062 C.R. 512//W. SEB CITY LI/ROSELAND RD 1660 577 C.R. 512//ROSELANO RD//U.S. 1 1660 571 C.R. 512/JROSELANO RDJ/U.S. 1 1860 754 C.R. 510//C.R. 5121166TH AVE 1 660 427 C.R. 510//C.R. 5121166TH AVE 1 660 631 C.R. 510//66TH AVE//58TH AVE 1 860 319 C.R. 510/J66TH AVEl/58TH AVE 1660 711 C.R. 510//SSTH AVEJ/U.S. 1 1660 423 C.R. 5101158TH AVEJ/U.S. 1 1 660 793 C.R. 510//U.S. 1//S.R. A1A 1 900 476 C.R. 510//U.S. 1//S.R. A1A 1900 811 OLD DIXIE HWf//691H ST//C.R. 510 860 146 OLD DIXIE HWY//69TH STJ/C.R. 510 660 135 27TH AVENUE/IS. COUNTY LINE//OSLO RD 1 8 596 27TH AVENUE//$. COUNTY LJNE//OSLO RD 1268 845 27TH AVENUE//OSLO RD1/4TH ST 1268 537 27TH AVENUE/fOSLO RD//4TH ST 1268 678 2TTH AVENUE//4TH ST//8TH ST 1020 479 27TH AVENUEJ/4TH ST//8TH ST 1020 779 27TH AVENUE//8TH ST//12TH ST 1020 458 27TH AVENUE//8TH ST//12TH ST 1 020 787 27TH AVENUE//12TH ST/IS. VB CITY L 1 020 623 27TH AVENUE/l12TH ST//S. VB crrv L 1 020 774 27TH AVENUE/TS. VB CITY Ll/16TH ST 1020 823 27TH AVENUE/TS. VB CITY U/16TH ST 1020 774 27TH AVENUE//16TH ST/IS.R. 60 1 020 417 27TH AVENUE//16TH STI/S.R. 60 1020 710 27TH A VENUEI/S.R. 60//ATLANTIC BLVD 810 257 27TH AVENUE//S.R. 60//A TLANTIC BL VD 810 424 27TH AVENUE//AnANTIC BLVDI/AV!ATION BLVD 810 346 27TH AVENUE/IATLANTIC BL VOi/AViATiON BLVD 810 491

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Project Remaining %ofLOS Vested Trios w/Pmiect "D"

64 0 292 66% 74 0 350 59% 67 0 540 46% 67 0 377 62% 0 0 940 66%

10 0 660 66% 163 0 1 043 61% 111 0 847 64% 137 0 631 71% 133 0 653 65% 103 0 550 70% 132 0 833 55% 48 0 635 63% 84 0 567 67%

136 0 630 66% 168 16 595 67% 104 0 637 66% 142 23 771 67%

9 0 57 93% 14 0 498 42% 7 0 724 16%

19 0 631 27% 24 0 543 37% 24 0 507 41% 43 0 409 52% 44 8 359 67% 51 0 416 52% 11 0 184 79% 89 0 1218 35% 25 0 1139 39% 62 0 660 54% 66 0 1076 42% 44 0 764 59% 50 0 1233 34% 50 0 1239 33% 43 0 1063 43%

191 0 1242 33% 123 0 1106 41% 115 0 1424 23% 126 0 1 021 45% 114 0 1322 29% 151 0 915 51% 235 0 1189 37% 171 0 918 52% 27 0 686 20%

8 0 716 17% 239 0 433 66% 410 0 13 99% 155 0 576 55% 248 0 342 73% 101 0 440 67% 179 0 62 94% 75 0 487 52%

129 0 104 90% 65 0 132 87%

113 0 133 87% 60 0 137 87%

110 0 136 87% 37 0 566 45% 60 0 250 75% 18 0 535 34% 27 0 359 56% 2 0 4 4 0 315 61%

0S1:.0·R0/182ND AVEf/58TH-AVE---- -·~---··-- -- -- -- ··-870· ··-· ··--27-1- -·-- ··58- ·- ·O-- ·-··-- ··541· -··-38%·-· -

OSLO RD//82ND A VE/l58TH AVE 870 175 64 0 631 27% OSLO RDJ/58TH AVE//43RD AVE 1953 595 178 0 1180 40% OSLO ROIJ58TH AVE//43RD AVE 1 953 438 65 0 1 450 26% OSLO RDl/43RD A VE//27TH A VE 1953 831 155 0 967 50% OSLO RDl/43RD AVE/l27TH AVE 1953 647 127 0 1179 40% OSLO RD//27TH AVE//20TH A VE 1953 480 87 0 1386 29% OSLO RD//27TH AVE//20TH AVE 1 953 605 61 0 1 287 34% OSLO R0//20TH AVE//OLO DIXIE HVM 1 953 486 154 0 1 313 33% OSLO RDll20TH A VE//OLD DIXIE HWY 1953 637 150 0 1166 40% OSLO RD//OLD DIXIE HWY//U.S. 1 1953 468 100 0 1385 29% OSLO RD//OLO DIXIE HVVYI/U.S. 1 1953 623 105 0 1 225 37% 61HAVENUE//17TH ST//S. VB CITY L 860 335 5 a 520 40% 6TH AVENUE//17TH STREET/IS. VB Cl1YL 860 330 1 0 529 3B% 6TH AVENUE//17TH ST/1$. VB CITY L 860 475 4 0 381 56%

' IYTACffMfffT ... ,3

2620N 6TH AVENUE/IS. VB CITY U/S.R. 60 850 337 2 0 511 40% 2620S 6TH AVENUE/IS. VB CITY U/S.R. 60 850 441 1 0 408 52% 2710N 10TH AVENUE//S.R. 60//ROYAL PALM BLVD 810 130 0 0 680 16% 2710S 10TH AVENUE//S.R. 60//ROYAL PALM BLVD 810 153 0 0 657 19% 2720N 10TH AVENUE//ROYAL PALM BLVD//17TH ST 810 194 0 0 616 24% 2720S 10TH AVENUE//ROYAL PALM BLVDll17Tii ST 810 155 0 0 655 19% 2810N 20TH AVENUE//OSLO RO.l/4TH ST 860 282 64 0 514 40% 2810S 20TH AVENUE//OSLO RO.l/4TH ST 860 557 113 0 190 78% 2820N 20TH AVENUE//4TH ST//STH ST 810 340 31 0 439 46% 2820S 20TH AVENUE//4TH STl/8TH ST 810 570 52 0 188 77% 2830N 20TH AVENUE//STH STl/12TH ST 810 315 24 0 471 42% 2830S 20TH AVENUE//STH STJ/12TH ST 810 521 37 0 252 69% 2840N 20TH AVENUE//12TH ST/IS. VB CITY L 1710 330 15 0 1365 20% 2840S 20TH AVENUE//12TH 'i:rf/1S. VB CITY L 1710 637 11 0 ·1 062 38% 2850N 20TH AVENUE/IS. VB CITYU/16TH ST 1 800 330 6 0 1464 19% 2850S 20TH AVENUE/IS. VB CllY U/16TH ST 1 800 637 11 0 1 152 36% 2860N 20TH AVENUE//16TH ST//S.R 60 1 800 312 11 0 1477 18% 2860S 20TH A VENUE//16TH ST//$.R. 60 1800 385 13 0 1402 22% 2870N 2DTHAVENUE//S.R. 60//ATLANTIC BLVD 850 142 8 0 700 18% 2870S 20TH A VENUE//S.R. 60//A TLANTIC BLVD 850 134 12 0 704 17% 2905N 43RD AVENUE/IS. COUNTY LINE//OSLO RD 950 354 134 0 462 51% 29058 43RD AVENUE/IS. COUNlY LINE//OSLO RO 950 354 218 0 378 60% 2910N 43RD AVENUE//OSLO RD//4TH ST 1068 477 120 0 469 56% 2910S 43RD AVENUE/!OSLO R•fl4TH ST 1 068 523 173 0 370 65% 2915N 43RD AVENUE//4TH ST//8TH ST 1 020 447 103 0 468 54% 2915S 43RD AVENUE/14TH ST/JSTH ST 1020 655 155 0 208 80%

20N 43RD AVENUE/JSTH ST//12TH ST 107'1 497 97 0 475 56% 2920S 43RD AVENUE//BTH ST//12TH ST 1 071 644 146 0 279 74% 2925N 43RD AVENUE//12TH ST//16TH ST 1 071 461 71 0 536 50% 2925S 43RD AVENUE//12TH ST/116TH ST 1 071 663 110 0 295 72% 2930N 43RD AVENUE//16TH ST//S.R. 60 1 071 516 69 0 479 55% 2930S 43RD AVENUE//16TH ST//S.R. 60 1071 713 100 0 251 77% 2935N 43RD AVENUE//S.R. 60//26TH ST 1796 390 73 0 1 333 26% 2935S 43RD AVENUE//S.R. 60//26TH ST 1796 581 28 0 1187 34% 2940N 43RD AVENUE//26TH STll41ST ST 860 362 105 0 363 54% 2940S 43RD AVENUE/f26TH ST//41ST ST 860 459 37 0 354 58% 2945N 43RD AVENUE//41ST ST//45TH ST 860 253 83 0 524 39% 2945S 43RD AVENUE//41ST 5T/145TH ST 860 247 42 0 571 34% 2950N 43RD AVENUE//45TH ST/J49TH ST 860 203 111 0 546 37% 29505 43RD AVENUE//45TH ST//49TH ST 860 129 45 0 686 20% 3005N 58TH AVENUE//OSLO RDl/4TH ST 1 860 438 71 0 1351 27% 3005S 58TH AVENUE/JOSI O RD//4TH ST 1 860 526 107 0 1227 34% 3010N 58TH A VENUE//4TH STI/STH ST 1710 567 57 0 1 086 36% 30105 58TH AVENUE/f4TH ST//STH ST 1710 859 83 0 968 43% 3015N 58THAVENUE//8TH ST//12TH ST 1710 739 68 0 883 46% 30155 58TH AVENUE//8TH ST//12TH ST 1710 832 68 0 810 53% 3020N 58TH AVENUEl/12TH ST/116TH ST 1710 1129 136 0 445 74% 3020S 56TH AVENUE//12TH ST//16TH ST 1710 924 111 0 675 61%

I

• lfrACttMfflT 3

Exhibit 1

Link Assianment Sheet ctd.l

Project Remaining %of LOS LINK# LINK DESCRIPTION Canacitv Existina Vested Tri•• w/Prolect "D"

3025N 58TH AVENUEl/16TH ST//S.R. 60 1710 1 152 207 0 351 79% 3025S 58TH AVENUE//16TH ST//S.R. 60 1710 1115 192 0 403 76% 3030N 58TH AVENUE/1S.R. 601141ST ST 1 860 906 148 0 806 57% 3030S 58TH AVENUE//S.R. 60f/41ST ST 1 860 785 107 0 968 48% 3035N 58TH AVENUE//41ST ST/145TH ST 860 537 119 0 204 76% 3035S 58TH AVENUE//41ST ST//45TH ST 860 450 99 0 311 84% 3040N 58TH AVENUE//45TH ST!f49TH ST 860 484 190 0 186 78% 3040S 58TH AVENUE/I45TH ST/f49TH ST 860 416 110 0 334 81% 3045N 58TH AVENUE//49TH STff65TH ST 860 549 256 0 55 94% 3045S 58TH AVENUE//49TH ST//65TH ST 860 389 127 0 344 60% 3050N 58TH AVENUE//65TH ST//69TH ST 860 418 99 0 338 81% 3050S 58TH AVENUE//65TH ST//69TH ST 860 304 111 0 440 49% 3055N 58TH AVENUE//69TH STI/C.R.510 860 357 84 0 414 52% 3055S 58TH AVENUE//69TH ST//C.R.510 860 274 84 0 502 42% 3120N 66TH AVENUE//S.R. 60//26TH ST 860 494 141 0 225 74% 3120S 6tITH AVENUE//S.R. 601126TH ST 860 428 s, 0 "49 59% 3130N 66TH AVENUE//26TH ST/141ST ST 860 624 148 0 88 90% 3130S 66TH AVENUEff26TH STl/41ST ST 860 389 95 0 376 56% 3140N 66TH AVENUE/141ST ST/145TH ST 950 611 66 0 273 71% 3140S 66TH AVENUEff41ST ST//45TH ST 950 337 54 0 559 41% 3150N 66TH AVENUEfl45TH STl/65TH ST 870 557 70 0 243 72% 3150S 66TH AVENUE//45TH ST/J65TH ST 870 311 54 0 505 42% 3160N 66TH AVENUEf/65TH ST//69TH ST 870 577 44 0 249 71%

160S 66TH AVENUE/l65TH STl/69TH ST 870 308 41 0 521 40% 3170N 66TH AVENUE//69TH ST//C.R. 510 860 775 59 0 26 97% 170S 66TH AVENUEf/69TH ST//C.R. 510 860 350 49 0 461 46%

3210N 74TH AVENUE//16TH STREETf/SR 60 860 112 0 0 748 13% 3210S 74TH AVENUE//16TH STREET//SR 60 860 116 0 0 744 13% 3310N 82ND AVENUE//OSLO ROl/4TH ST 950 167 18 0 765 19% 3310S 82ND AVENUE/IOSLO RDl/4TH ST 950 228 22 0 700 26% 3320N 82ND AVENUE/14TH ST//12TH ST 950 188 84 0 678 29% 3320S 82ND AVENUE//4TH ST/J12TH ST 950 189 139 0 622 34% 3330N 82ND AVENUE/f12TH STJIS.R. 60 860 230 189 0 441 49% 3330S 82ND AVENUE/112TH STIIS.R. 60 860 255 228 0 377 56% 3340N 82ND AVENUE//S.R. 601165TH ST 410 24 15 0 371 10% 3340S 82ND AVENUE/fS.R. 60//65TH ST 410 31 16 0 363 11% 3350N 82ND AVENUE//65TH ST//69TH ST 410 15 15 0 380 7% 33505 82ND AVENUE//65TH ST/169TH ST 410 68 15 0 327 20% 3360N 98TH AVENUE/f8TH STREETfl12TH STREET 860 69 42 0 749 13% 3360S 98TH AVENUE//8TH STREET/f12TH STREET 860 127 77 0 656 24% 3370N 98TH AVENUE/f12TH STREET//16TH STREET 860 82 105 0 673 22% 3370S 98TH AVENUE//12Tli STREET//16TH STRRET 860 57 192 0 611 29% 3380N 98TH AVENUE//16TH STREETl/SR 60 860 33 105 0 722 16% 3380S 98TH AVENUE//16TH STREET/JSR 60 860 29 192 0 639 26% 339-0N 98TH AVENUE//SR 6Df!26TH STREET 860 16 0 0 844 2% 3390S 98TH AVENUE//SR 60/!26TH STREET 860 17 0 0 843 2% 3610E 77TH ST//66TH AVENUE//U.S. 1 820 68 5 0 745 9% 3610W 77TH ST//66TH AVENUE//U.S. 1 820 133 0 0 685 16% 3710E 69TH STREET//82NO AVENUE//66TH AVE 410 51 33 0 326 20% 3710W 69TH STREET//82NO AVENUE//66TH AVE 410 47 33 0 330 20% 3720E 69TH STREET//66TH AVENUE//58TH AVE 870 38 17 0 815 6% 3720W 69TH STREET//66TH AVENUE//58TH AVE 870 61 22 0 787 10% 373DE 69TH STREETJ/58THAVENUE//OLO DIXIE HWY 870 50 13 0 807 7% 3730W 69TH STREET//58TH AVENUE//OLD DIXlE HWY 870 76 14 0 780 10% 3740E 69TH STREET//OLO DIXIE HWY/IU.S. 1 870 54 4 0 812 7%

740W 69TH STREETI/OLO DIXIE HWY/IU.S. 1 870 80 4 0 786 10% 3820E 65TH ST//66TH AVENUE//58TH AVENUE 870 53 20 0 797 8% 3820W 65TH ST/J66TH AVENUEl/58TH AVENUE 870 59 19 0 792 9% 3830E 65TH ST//58TH AVENUE/101.D DIXIE HWY 870 66 15 0 789 9% 3830W 65TH ST//58TH AVENUE/fOLD DIXIE HWY 870 88 16 0 766 12% 3840E 65TH ST/fOLD DIXIE HWYf/U.S. 1 870 55 1 0 814 6% 3840W 65TH STf/OLD DIXIE HWY//U.S. 1 870 69 4 0 797 8% 4220E 49TH ST/166TH AVENUE//58TH AVENUE 860 22 30 0 808 6%

220W 49TH ST/J66TH AVENUEf/58TH AVENUE 860 33 19 0 808 8% 4230E 49TH ST//58TH AVENUE/!43RD AVENUE 860 130 17 0 713 17% 4230W 49TH ST//58TH AVENUS/43RD AVENUE 860 216 28 0 616 28%

240E 49TH ST/143RO AVENUEf/OLD DIXIE HWY 810 231 65 0 513 37% 240W 49TH ST//43RD AVENUE/JOLD Dl>CIE Hl,W 810 184 67 0 575 29%

4250E 4!!]"_1:1 ST/f_Q_L_Q D.IX!E.t-M/Y//Y.S,._ 1... -- ·- .. .810. . ··- . ... 113. -· . 5 0 .. 892 .1.5% .... 250W 49TH ST I/OLD DIXIE HWV//U.S. 1 810 154 21 0 635 22%

OE 45TH ST//66TH AVENUE/158TH AVENUE 860 114 9 0 737 14% ow 45TH ST/166TH AVENUE/!56TH AVENUE 860 132 8 0 720 16%

4330E 45TH STl/58TH AVENUEJ/43RO AVENUE 860 183 17 0 660 23% 330W 45TH STl/56TH AVENUE//43RD AVENUE 860 230 42 0 588 32% 340E 45TH STl/43RD AVENUE//OLD DIXIE HWY 880 278 19 0 563 35%

4340W 45TH ST//43RD AVENUE//OLD DIXIE HWY 860 302 24 0 534 38% 350E 45TH ST I/OLD DIXIE HWY/IINOIAN RN BO 880 170 7 0 683 21%

4350W 45TH ST I/OLD DIXIE HWY/IINDIAN RIV BO 860 289 20 0 551 36% 4420E 41ST STl/66THAVE//58TH AVE 870 90 5 0 775 11% 4420W 41ST ST/166TH AVS/58TH AVE 870 176 3 0 691 21% 4430E 41ST ST//56TH AVEf/43RD AVE 860 246 '3 0 617 28%

30W 41ST ST//5BTH AVEf/43RD AVE 860 325 11 0 524 39% OE 41ST ST//43RD AVE/IOLO DIXIE HWf 860 224 21 0 606 30% ow 41ST ST//43RD A VEIIOLO • !XIE HWY 860 234 9 0 608 29%

ITJ'ACffMfNT 3

4450E 41ST STlfOLO DIXIE HWY/IINOIAN RIV BO 860 114 3 0 741 14% 4450W 41ST ST//OLO DIXIE HWY!nNDIAN RIV 8D 860 184 15 0 659 23% 4460E 37TH ST//U.S.#1f!INOIAN RIV BLVD 860 404 8 0 447 48%

50W 37TH ST/IU.S.#1/IINDIAN RIVER BLVD 860 825 14 0 20 98% 720E 26TH ST//&TTH AVENUE//58TH AVENUE 860 670 44 0 146 83%

4720W 26TH ST//66THAVENUE//58TH AVENUE 860 427 41 0 392 54% 730E 26TH STll58TH AVENUE//43RDAVENUE 860 689 28 0 142 83% 730W 26TH ST/f58TH AVENUE//43RDAVENUE 860 579 35 0 245 72% 740E 26TH ST/f43RO AVE//AVIATION BLVD 660 428 10 0 422 51% 740W 26TH STff43RDAVE//AVIATION BLVD 860 835 16 0 209 76%

4750E 26TH STI/AVIATION BLVDJ/27TH AVENUE 660 100 20 0 740 14% 4750W 26TH STJ/AVIATION BLVDJ/27TH AVENUE 660 156 27 0 675 21% 4830E 8TH ST//58TH AVENUE/143RD AVENUE 860 392 18 0 450 48%

830W 8TH STl/58TH AVENUE/f43RDAVENUE 860 256 9 0 595 31% OE 8TH STl/43RO AVENUE//27TH AVENUE 860 438 43 0 379 56%

4840W 8TH STl/43RDAVENUE//27TH AVENUE 860 327 28 0 507 41%" OE 8TH ST//2TTH AVENUE/J20TH AVENUE 860 371 10 0 479 44% ow 8TH ST//27TH AVE:NUE//20TH AVENUE 860 468 9 0 383 55% OE 8TH ST//20TH AVENUE//OLO DIXIE HWY 810 343 15 0 452 44% ow 8TH ST//20TH AVENUE/JOLD DIXIE HWY 810 516 19 0 215 73%

4870E 8TH STf/OLD DIXIE HWYI/U.S. 1 810 303 19 0 488 40% 4870W 8TH STf/OLD DIXIE HWYIIU.S. 1 810 499 25 0 287 65% 488DE 8TH STf/U.S.11/INDIAN RIVER BLVD 860 208 12 0 640 26%

ow 8TH ST/JU.S. 1//INOIAN RIVER BLVD 660 424 12 0 424 51% 910E 4TH STl/82NDAVE//58TH AVE 870 76 2 0 792 9%

4910W 4TH STf/82ND AVE//58TH AVE 870 92 1 0 777 11% OE 4TH ST//58TH AVEf/43RD AVE 660 172 11 0 677 21%

4TH STJISBTH AVE/f43RD AVE 860 177 7 0 676 21% 4940E 4TH ST/143RDAVE/J27TH AVE 860 243 20 0 597 31% 4940W 4TH ST/!43RDAVE//27TH AVE 860 241 16 0 603 30% 4950E 4lll ST//27TH AVE/f20TH AVE 860 219 10 0 631 27% 4950W 4TH ST/12TTH AVE/J20TH AVE 860 261 13 0 566 32%

960E 41H ST//20THAVE/IOLD DIXIE HWY 860 281 38 0 543 37% 960W 4TH STf/20TH AVE//OLD DIXIE HWY 860 400 52 0 408 53% 970E 4TH ST/fOLD DIXIE HWY/JU.S. 1 810 432 32 0 345 51%

!70W 4TH ST//OLD DIXIE HWY/JU.S. 1 810 514 37 0 259 68%

10E 16TH STRRET/ll4THAVENUE/J82NO AVENUE 660 79 0 0 781 9% 10W 16TH STREETfll41H AVENUE//82ND AVENUE 860 56 0 0 804 7%

5610E FRED TUERK DR//A1N/WOF CQCONlrr DR 860 123 0 0 737 14% 5610W FRED TUERK DR//A1NIW OF COCONUT DR 660 90 0 0 770 10% 5710E IMNTER BEACH RD//A1N/JUNGLE TRAIL 660 45 • 0 807 6% 5710W WINTER BEACH RDJ/A1N/JUNGLE TRAIL 660 95 4 0 761 12% 5810E ATLANTIC BLVD/l2TTH AVENUE//20TH AVENUE 860 83 1 0 no 10% 5810W ATLANTIC BL VD/127TH AVENUE/J20TH AVENUE 660 113 0 0 747 13% 5820E ATLANTIC BLVD/120TH AVENUE/JU.S. 1 860 = 1 0 637 26% 5820W ATLANTIC BLV0//20TH AVENUE//U.S. 1 860 263 3 0 594 31%

910E AVIATION 8LVD/J26TH STREET//27TH AVENUE 1280 538 9 0 735 43% 10W AVIATION BLVD//26TH STREET//27TH AVENUE 1280 679 11 0 590 54%

6010E ROYAL PALM BLVD/IROYAL PALM PLJ/INDIAN 880 223 0 0 657 25% 6010W ROYAL PALM BLVDf/ROYAL PALM PLfflNDIAN 880 131 9 0 740 16% 6110E ROYAL PALM PLIIU.S. 1//INDIAN RIVER BLVD 880 146 ' 0 731 17% 611 ROYAL PALM PU/U.S.11/JNDIAN RIVER BLVD 0,7 F ' 33"

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INDIAN RIVER COUNTY, FLORIDA MEMORANDUM

TO: The Honorable Members of the Planning and Zoning Commission

TMENT HEAD CONCURRENCE:

Robert M. Keating, AIC Community Development Directo

A6 FROM: Stan Boling, AICP

Planning Director

DATE: May 22, 2009

PLANNING MATTERS

SUBJECT: Planning Information Package for the May 28, 2009 Planning and Zoning Commission Meeting

For this meeting's packet, the following articles are provided:

(I) "Knot Exactly", American Planning Association Magazine, May 2009, John McCarron.

(2) "Tipping the Sacred Cows of Planning", American Planning Association Magazine, May 2009, Alex Marshall, Christopher Williamson, Harvey M. Jacobs, Brenda Case Scheer.

(3) "Highest earners flocking to resort towns - to stay", The Miami Herald, May 20, 2009, Mike Schneider.

( 4) "Judge: Miami-Dade County Commission wrong to expand UDB for Lowe's", The Miami Herald, May 12, 2009, Matthew Haggman.

(5) "Most families in Palm Beach County, Treasure Coast now find home ownership within reach", Palm Beach Post, May 18, 2009, Jeff Ostrowski.

(6) "Ave Maria-A Town Without a Vote: Residents' control hinges on trust", Naples News, May 11, 2009, Liam Dillon.

(7) "City to consider zoning regulations on where medical marijuana can grow", ChicoER.com, Jenn Klein.

(8) "By The Numbers", American Planning Association Magazine, May 2009, Research Department

cc: Board of County Commissioners Joe Baird Michael Zito

F:\Community Development\Users\CurDev\P&ZIARTICLESIArticles for 2009\5-28-09.doc

The processes we devise

for adapting our plans . ..

will prove far more useful

than the plans themselves.

30 I Planning May 2009

l_ __

xac

By John Mccarron

Who'd a thunk? Not 10 years into the new millennium and America's cities and suburbs are fast filling with thousands-no, millions-of fore­closed and vacant dwellings.

Not since the bad old days of the '60s and '70s, with their toxic mix of white flight and ham-handed urban renewal, have older urban neighborhoods been so ravaged. And not eve1~ as in never, have so many freshly built Sun Belt subdivisions-from Orange County, California, to Orange County, Florida-been so pocked with vacancies as to cast doubt on their ultimate viability.

So now what? \,\That's to be done with all the empty hulks? With all those stucco ranches stripped of their copper innards, their garages filled with trash and swimming pools with fetid wa­ter? Even the Mortgage Bankers Association, a group not lrnown for pessimism, estimates we'll have another six million foreclo­sures by 2013.

Congress has authorized $6 billion in "neighborhood stabili­zation" funds for cities and counties to begin untangling the mess. But how should the locals use that money? \iVhere, in the average suburb's planning playbook, can we :find the chapter about the purchase and rehab of hundreds of vacant houses?

There is no such chapter, of course. Yet the checks are in the mail from Washington and the mayor ( or the city council or the county board) needs a nuanced program for selectively buying and recycling bank-owned dwellings. "Selectively" because there's

American Planning Association 31

only enough public money to deal with a fraction of the supply. So it's triage. Which dwellings are to be rehabbed for resale and which demolished for ... for what? How many pocket parks and community gardens

can a neighborhood absorb? Tennis courts,

anyone?

It's the process, stupid Such is the planner's dilemma. But there's a larger lesson in the foreclosure crisis, a bigger take-away, and it is this: Rapid

tain the instruments of their own muta­tion. Daniel Burnham's celebrated 1909 Plan of Chicago, for instance, failed to anticipate the advent and proliferation of the owner-driven automobile. Or of commercial aviation. Or of the air con­ditioning and high-speed elevators that would make possible the modern sky­scraper.

No matter. Burnham's plan did antici­pate creation of a Chicago Plan Commis­sion. First as a blue-ribbon citizens panel,

consume a year or even more. This hiatus may be good for the bor­

rower, but not for a next-door neighbor if the property isn't being maintained. Even after a lender takes possession, the neighbors-which is to say, the commu­nity-aren't out of the woods. Lenders are often in no hurry to remarket the property at depressed prices, even when cited by city inspectors for code viola­tions. Some lenders are distant bond in­vestors who simply don't care, or hope

Planning's crunch time has arrived

change, whether a calamity like mass foreclosures, or a productive windfall, such as the spreac;l of digital computing, will be the knottiest challenge of the next hundred years. Planning for change­maybe even learning how to exploit it once in a while-will be the profession's main task going forward.

And that will be a problem for some planners, and their clients, who think it's still possible to plot enduring lines along which the future will run. This goes for lines drawn on function-segre­gating zoning maps, or in market-deaf industrial retention strategies, even on that time-honored sacred cow-the comprehensive general plan.

There are too many game-changing twists and turns headed our way to be countenanced by such static diagrams of the future. That is, unless our plans can be remade in dynamic fashion-remade with fast, flexible procedures for dealing with change. The processes we devise for adapting our plans will prove far more useful than the plans themselves.

How Burnham lived on

Tomorrow's best plans, then, will con-

32 Planning May 2009

globalization and

and later as an arm of city government, the commission would go on to reinter­pret the plan for a changing city, more often than not hewing to the "city beauti­ful" spirit of the original work.

But of course, most jurisdictions do it this way. Zoning and building codes with force oflaw tend to be rooted, how­ever loosely, in comprehensive plans that show in general terms where different things should go and how they should be built.

But such highly structured systems will be less workable going forward, because major changes-to the environment, to our economy, to our technologies~are occurring so rapidly that they are not contemplated by traditional planning, much less analyzed and responded to.

Foreclosures as canary

Returning to the foreclosure mess. In many jurisdictions, such as Cook Coun­ty, Illinois, the courts are ovenvhelmed with slow-movini foreclosure filings. Even a watchful lender cannot legally repossess a mortgage-delinquent prop­erty without first completing a series of court filings and appearances that can

to forestall booking the loss. So newer, faster strategies for acqui­

sition of derelict properties are called for. We need faster methods for sorting through the wreckage, stabilizing those homes worth saving, engaging develop­ers and tradesmen, recruiting and sub­sidizing potential buyers, and so forth. A few cities, like Cleveland, have been dealing with this issue for years and have methods in place. Most are only now waking to the problem.

One place'~ cities cannot look for guidance is their existing comprehen­sive plans. The vast majority of these schemes ..-were drafted to accommodate growth and inspire well-capitalized de­velopers to deliver projects desired by the commonweal. Has anyone seen such a developer in the last six months?

Planned shrinkage

Sorely needed, then, are plans and plan­ning procedures flexible enough for hard times as well as booms. This doesn't need to be a dismal science, reminds Frank Popper, the Rutgers University profes­sor of planning and public policy whose work is featured elsewhere in this maga-

zine. Popper and colleagues have written that urban practitioners need "to explore creative and innovative ways for cities to successfully shrink ... capitalizing on de­cline to set aside land for recreation, ag­riculture, green infrastructure and other non-traditional land uses."

But where are the planning, legal, and administrative tools to do such work? Old­er cities may be able to dust off '60s-style urban renewal boards and land clearance commissions. But what of newer places?

caused by the cupidity of private markets, not the tyranny of public agencies-the fevered ranting of talk radio hosts not­withstanding.

New or improved public agencies with greater flexibility and wider powers will be needed to deal with all manner of fu­ture threats and opportunities, not jlist the foreclosure mess.

Post-automotive thinking Imagine the planning apparatus needed

workings of the built environment." Katz's idea is "to link up local planning

objectives such as employment growth, development of low-income housing, and alteniative transportation choices and accessibility, with national objectives of promoting energy independence and .,en­vironmental sustainability."

· vVhat states and metro areas are set up to do such work? Where would they even begin? We may not have those answers, but begin we must. These are not chal-

in a hurry, on the shoulders of

tech no-change.

\i\That of our foreclosure-choked Orange Counties, where municipalities have nei­ther the experience nor adequate legal tools to begin such work?

In the next few years-and perhaps for the next 100 and beyond-creation of nimble planning and implementation agencies will be key.

Here's an immodest proposal: Con­gress needs to fund, and state legislatures need to authorize, regional and local rede­velopment boards capable of dealing with fast-changing circumstances. For some this might raise the specter of Robert Mo­ses, the legendary New York renewal czar, and his frighteningly powerful Tribor­ough Bridge and Tunnel Authority. Others might wave the bloody shirt of Keio v. New London. The 2005 U.S. Supreme Court decision upheld the right of the Connecti­cut seaside town to condemn the houses of ordinary citizens for privately -owned waterfront redevelopment in the name of economic development-but in so doing undid American popular support for emi­nent domain. (Or at least woke folk.5 up to the tool's existence.)

to take up the challenge posed recently by Emma Rothschild, director of the Joint Center for History and Economics at Harvard University and King's Col­lege, Cambridge. Writing in the New York Review of Books, she urges America to use the economic crisis to move be­yond "the auto-industrial society, with its distinctive organization of American space, cities, highways, social entitle­ment and energy use."

Rothschild sees little gain in bailing out General Motors and its union-scale jobs, as important as those jobs may be, if it also means renewing for generations our auto-dependent car culture-even if the cars are hybrid electric.

Or how about this challenge recently issued by Bruce Katz, director of metro­politan policy at The Brookings Institu­tion:

"Transportation, housing, energy, and land use should be joined up through a new set of federally funded Sustainabil­ity Challenge Contracts," Katz told a re­cent meeting of the National Governors Association. The contracts "would seek

There is, however, this case-closed to assist states and metropolitan areas ... rebuttal: Today's foreclosure fiasco was to massively transform the design and

lenges to be regarded with some abstract sense of duty or guilt. It's not like having to imagine future horribles caused by global warming (e.g.: rising sea levels that swan1p the eastern seaboard) as we shovel snow amid another bitterly cold winter.

Planning's crunch time has arrived, in a hurry, on the shoulders of global­ization and techno-change. The steady decline of real wages, last year's dizzying run-up in the price of oil, this year's con­tinued decline of credit markets-all are forcing us to respond, individually and as a society, a lot faster than we would have liked.

There are no zoning maps, no com­prehensive plans, no standard procedures to direct our response to problems never before encountered. Only our God-given creativity can do that. And only by creat­ing new, fast, flexible planning tools can we focus that creativity on the uncertain future racing our way.

• John Mccarron is a freelance urban affairs writer, newspaper columnist, and adjunct lecturer at North­western University's Medill School of Journalism.

American Planning Association 33

. --······-----------~

We asked planners,

academics, and writers to

take a best guess at whether

the profession's untouchable

ideals would persist in the

coming century.

l

Tipping the Sacred Cows of Planning Leaving Green Behind By Alex Marshall

In his 1973 movie Sleeper, set 200 years in the future, Woody Allen hears doctors proclaim how the experts of his time mistakenly believed such things as chocolate and steak were bad for you, "precisely the opposite of what we now know to be true."

The wild thing is, Allen was right-both metaphorically and literally. Scientists, or at least some scientists, really do believe that chocolate and steak are good for you.

Thus is chocolate sold in health food stores, and even doctors prescribe steak-heavy Atkins-style diets.

The answers: yes,

maybe, and we

hope not.

The moral here is not about chocolate and steak but about certainties and orthodoxies. They should be avoided. They inevitably end up less certain, flawed, or out-and-out wrong. The only way to proceed well into the future is to avoid blind precepts and to proceed cautiously with eyes ever open.

I think about this when I think about the planning profession's most absolute orthodoxy of the moment, its most sacred of sacred cows, which are the labels and mandates "green" and "sustainable." It's hard to see any project going forward that does not at least try to wear these labels, however

badly they fit. It may be sprawl, but damn it, it's going to be "green" sprawl. I have no problem with protecting the environment and reducing or con-

trolling carbon output in order to reduce or control global warming. But I am suspicious of orthodoxies and mob-like certainties, of any situation when everyone

must think one thj;ng. Like the supposed inevitability to planners past of Towers in the Park, blanket planning precepts are dangerous.

Are green and sustainable here to stay? I think not, and hope not. The words and concepts are too vague to be with us forever. Like their only slightly less sanctimonious cousin "smart growth," the words are too cheery and too vague to mean much of any­thing. I would like to see more exact definitions of good planning take their place.

• Alex Marshall, a journalist, is a senior fellow at The Regional Plan Association in New York and the author of Beneath The Metropolis: The Secret Lives of Cities.

'

American Planning Association 23

i

Brenda Scheer's concept for the neighborhood of tomorrow (above).

Whither goes the single-family house? By Brenda Case Scheer, AICP

Although higher density housing will undoubtedly increase as a percentage of all housing, past experience shows us that the investments individuals and society have made in single-family houses are unlikely to be abandoned. But, as this planner in 2109 notes, some adjustments were necessary. Here'..\' a brief history of the single-family lot over the last 100 years.

It was 2089 when the Cliffies finally outnumbered the old Burhans and voted to cut them off the power grid, in an escalating disagreement that luckily avoided becoming violent. Try as they might, the Cliffies could never get the Burhans to give up and join their lots together to build compact, tiered cliffs of condoshops.

Burhans clung to the old ways-their primordial independence and property rights-and since the legislators were old Burhans, too, they won. But being cut off from the power grid hurt, even though most Burhans already generated their own e-juice-enough for their stacked e-cars, the vid-vee cable, the fridge, and the lights. Fresh e-juice went sour after a week or so, though, and the grid had been a handy backup. Unbowed, Burhans defiantly stepped up the adaptations necessaiyto hold onto the dream: Hi-e windmills sprouted like street orchards, and the Burban house-owners pooled resources for a micro-nuke on the median.

As payback for the grid diss 20 years ago, Burhans now demand the first right to all rain fall­ing on their lot, and the first right to sunshine, too. Most Burhans grow intense tiers of veggies and keep a few turkens and a goteep for eggs and milk. Odd hobbies now flourish in old garages, like the woman who photoshops with real paint.

It is the rare Burban who has a kid, although some claim that picking macrobeans or frolick­ing with the goteep in the backyard builds character. Cliffi.es think children need urban synchro­play, not vid-vee school and tending veggies. The Burban adults working inside vid-vee and making rare trips for face-to-face encounters are content to avoid school taxes, anyway. That's why they moved to the Burbs in the first place.

• Brenda Case Scheer, AICP, is dean of the College of Architecture+ Planning at the University of Utah. She owns a single­family house.

American Planning Association 2S

Urban Form: The donut gives way to the waffle By Christopher Williamson, AICP

I recall opening my first college urban planning text book and seeing the Chicago School's concentric ring theory, developed by E.W. Burgess in 1925. Burgess concluded that cities would tend to form in a series of concentric circles outward from the central business district, gradually decreasing in density and

land value and, without constant growth, emptying out the core "donut hole." For the most part we've clung to that idea.

Variations followed: the sector theory of Homer Hoyt in the 1930s and the multiple nuclei theory of C.D. Harris and E.L. Ullman in 1945. These theories worked reasonably well in ex­plaining the spatial patterns of late 19th and early 20th century Eastern and .i\ilidwestern cities.

But, the concentric ring theory and its corollaries have not

held up as well with the post-World War II rise Of the great grid cities of the West-Phoenix, Salt Lake City, and Los Angeles­and later, beltway-exit edge cities like Tysons Corner, Virginia, and Las Colinas, Texas.

In those cities, the CED is just one of many districts formed around major arterial intersections and beltway exits. Most commuting is done from suburb to suburb and'economic activ­ity takes place chiefly in suburban office and industrial parks. In between are low-density residential neighborhoods forever protected by city councils and home owners armed with tradi­

tional zoning codes and vocal neighborhood associations. In the next 100 years, as our megacities continue to grow

and more emphasis is placed on reducing both vehicle trips and

greenhouse gases, the network of arterial streets will become transit lines with activities clustered at the stations, like the Washington, D.C., Metro system along the Virginia and Mary­land Orange, Blue, Red, and Green lines.

The result will be the waffle city: a grid pattern of transit corridors with high-density housing and businesses-the raised

ridges in µIe waffle-squaring off the interior low-density resi­dential neighborhoods where the butter and syrup collect and

life is good. This does make planning sense in many ways. The interior squares, perhaps, could be gradually bought back and converted to the parks and open space that will be even more in

demand as the waffle "cooks" and the ridges get higher.

The donut had its day, largely a product of a unique period in American history of high immigration into central cities, easy outward expansion, and plenty of money for freeways and com­

muter rail sy;,tems. But now the waffle city has arrived and will continue to evolve. Bon appetit.

• Christopher Williamson, AICP, is a senior and advance planner for Oxnard, California, and previously taught planning and GIS at the University of Southern California.

24 Planning May 2009

Private Property in the 22nd Century By Harvey M. Jacobs

Private property is foundational to the American experience. At the same time, it is a social and legal instih1tion that has often frus­trated the implementation of planning schemes.And since the U.S. Supreme Court's 2005 decision in Ke!-0 v. New London, this tension

has been much in the news, as state legislatures, often at the urging of property rights activists, move to restrict redevelopment options by state and local governments. One question to ponder is what will become of the sacred cow of private property in 100 years?

First, it is important to realize that my "private property') is not what my great-grandfather owned. Property has changed signifi­cantly; the sticks in the bundle are different than they were.

For example, since the invention of the airplane I no longer own "to the heavens above," since the rise of the late 19th centm.ywom­

en's movement a husband no longer owns his wife or parents their children, and since the civil rights movement a commercial owner can no longer refuse service based on race or ethnicity.

Private property will endure. It is too central to the American story for it to disappear, and it sh0uldn't. Private property serves important social, economic, and political functions. But private property will change; it has to. Here are some speculations as to how it might evolve.

• In fundamental ways my home will remain my castle. I -will still be able to keep you out, regardless of who you are or my rea­sons for it.

• Yet the ability to do the same in places like private clubs or col­leges will disappear, and these 'Will resemble businesses more than homes.

• Certain rights in the property bundle that are now "mine"

will no longer be so, including the right to clear-cut trees, or plow virgin soil, or harvest minerals, or use toxic chemicals for land man­agement, if doing so destroys tl1e land.

• Wildlife on my land will gain s-ftonger, independent rights (analogous to those gained by wome~ and drildren).

• And centrally for planners, government's authority to manage privately owned land will gro.y,. and an individual's ability to claim regulatory takings will vanish, in essence returning us to the legal situation of the early 20th century.

So will this then be the end of property's evolution? Certainly not. Private property is one of the lenses through which Americans come to understand what it means to be a citizen in a democracy.

As our understandings of citizenship and democracy continue to change, so too will our understanding of private property (and thus its very form-those sticks in the bundle).

• Harvey M. Jacobs is a professor in the Department of Urban and Regional Plan­ning at the University of Wisconsin-Madison.

Highest earners flocking to resort towns -- to stay - 05/20/2009 - MiamiHerald.com

<?!he li~iatni !1eralb Posted on Wed, May. 20, 2009

Highest earners flocking to resort towns -- to stay

BY MIKE SCHNEIDER Associated Press

Page 1 of2

After two decades as a high-powered marketing executive, Scott Relf and his six-figure income moved from the cold of suburban Kansas City to the Florida coast. Because he could.

Relf, 48, became a self-employed consultant in Naples for companies inventing new products and said he still makes close to the $250,000 he earned as a corporate executive.

He's among high-income earners who have gravitated to states like Florida, Colorado, Nevada and Wyoming over the past decade, residing in resort towns and mountain getaways once reserved for vacations and second homes, according to an Associated Press analysis of newly released personal income data.

"If your clients are spread around the country, and it doesn't really matter where you live since you're going to be flying to most of them anyway, then why not live in paradise?" Relf said.

Just a decade earlier, higher income earners were concentrated in counties with large numbers of financial, real estate and professional jobs. But the Internet, wireless technology, and the ability to fly commercial in and out of almost any airport in the country have freed them to move elsewhere in significant numbers.

NEW FREEDOM

"It's become increasingly easier to do the kind of work you want in the place you want to live and as that has happened, you've seen this big growth in the incomes of these communities," said Jonathan Schechter, executive director of the Charture Institute, a Jackson Hole, Wyo.-based think tank that studies growth and sustainability issues.

The top 100 counties had an average per capita income of$58,691. The county-level, per-capita income estimates from 2007, released by the Bureau of Economic Analysis last month, offer a snapshot of the distribution of wealth in the United States before the recession began in December 2007, the stock market tanked and unemployment skyrocketed.

Although many Americans are poorer now than at the end of 2007, the geographic distribution of wealth likely hasn't changed much because there have been fewer Americans moving. The number relocating last year reached its lowest percentage in 60 years.

"The numbers are going to be ratcheted down, but I don't think the trends will change," Schechter said.

Traditional financial centers continued to dominate the list of highest-income counties. New York was ranked No. 2, followed by white-collar areas like San Francisco (No. 10) and Washington, D.C. (No.

http://www.miamiherald.com/business/v-print/story/1056438.html 5/20/2009

Highest earners flocking to resort towns -- to stay - 05/20/2009 - MiamiHerald.com Page 2 of2

22), and their surrounding suburbs. Soaring energy prices in oil and natural gas centers, and high crop prices in farming towns, also boosted prosperity in some counties.

In 2007, the percentage of a county's work force in the recreation and tourism sector became a predictor for high personal income, meaning tourist towns were becoming more wealthy, according to the AP analysis of the 100 counties with the highest per capita income.

The analysis looked at the influence the different types of jobs had on per capita income. A statistically significant influence didn't necessarily mean that workers in those fields were earning high incomes, although that was possible, but only that those well-off were living in the counties.

For example, Teton County, Wyo., home to Jackson Hole, ranked No. 1 in the country for the third year in a row with a per capita income of $132,728. In the past decade, wealthy visitors who might have just purchased a second home there instead become full-time residents to enjoy its nearby ski resorts and national parks. Teton County's labor force grew by more than 75 percent during the decade.

MOVE TO PARADISE

'The saying here is, 'The billionaires have driven the millionaires out of Teton County,'" cracked Janet Montgomery, assessor for Sublette County, Wyo., which is about 75 miles away with a population of 6,900.

Tim Green and his wife, Loretta, got the urge to move to Marathon in the Florida Keys from a Detroit suburb less than a decade ago while watching a television beer commercial that showed palm trees lit with Christmas lights. They brought with them their multimillion-dollar company that develops software for broadband Web streaming.

"It's great to bring clients down here," Green said. ''When you say you're in the Keys and your clients are up north, it's not too hard to get them to come visit you to see what your offer is."

© 2009 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com

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Judge: Miami-Dade County Commission wrong to expand UDB for Lowe's - 05/12/2009 ... Page 1 of2

<!!he 1tiian1i licralb Posted on Tue, May. 12, 2009

Judge: Miami-Dade County Commission wrong to expand UDB for Lowe's

By MATTHEW HAGGMAN mhaggman@MiamiHerald.com

In twin rulings marking the newest chapter in the long fight over sprawl in Miami-Dade County, an administrative law judge ruled that county commissioners wrongly expanded the western development boundary for a Lowe's Superstore but properly approved a separate request to move the line.

The ruling comes as a wealthy and politically powerful group of builders, including Lennar. and Century Homebuilders, is readying a proposal to move the development boundary for a new suburb on the Everglades' doorstep called Parkland.

Opponents to moving the line hailed the ruling Tuesday, saying it shows state regulators can enforce growth management laws even if Miami-Dade County commissioners vote to bend them.

The judge's decision to let one proposal stand was so filled with qualifiers and unique characteristics that it likely won't serve as precedent for other bids to expand the Urban Development Boundary, said attorney Richard Grosso, who represented the National Parks Conservation Association and 1000 Friends of Florida in the case.

"Except for some really unusual circumstances, this ruling means that the UDB should not be amended for many years in the future," said Grosso, a Nova Southeastern University law professor and general counsel of the Everglades Law Center.

Maureen Rich, a Lowe's spokeswoman, said the company is "disappointed with the decision. We are continuing to evaluate the ruling before deciding our next step."

The Urban Development Boundary, or UDB, is a demarcation running along the western and southern edges of the county that limits development to one dwelling per five acres outside its borders.

The UDB was moved only twice during the 1990s but has been under increasing pressure in the past decade from suburban builders seeking more land for industrial parks, malls, offices and homes.

In the past seven years, county commissioners have voted to move the line five times.

Opponents -- including urban planners, civic leaders and environmentalists -- have fought back, advocating for more infill and urban redevelopment while highlighting the costs of far-flung development, like traffic-clogged roadways.

Lowe's sought to expand the boundary to build a store at the intersection ofTamiami Trail and Northwest 137th Avenue on a 52-acre parcel. Separately, a development group led by David Brown wanted to expand the boundary on 42 acres at the western end of Kendall Drive to build shops and

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Judge: Miami-Dade County Commission wrong to expand UDB for Lowe's - 05/12/2009 ... Page 2 of2

offices.

Miami-Dade's Department of Planning and Zoning urged denial of both applications last year, saying there was plenty of available space inside the UDB.

But in April last year county commissioners voted to approve both proposals, overriding a veto by Miami-Dade County Mayor Carlos Alvarez.

In July the state's Department of Community Affairs objected, agreeing with county planners that there is enough land to build inside the line.

That set the stage for a trial before administrative law Judge Bram D.E. Canter in Miami.

In his ruling, Canter said it is "beyond fair debate" that there is "no need for more commercial land, and no need for a home improvement store, in the area of the Lowe's site." The judge cited the fact Miami-Dade planners said there is enough commercial land in the county to last through 2023.

Canter said the Brown application complies with state law -- but added that the site is relatively small, oddly shaped and wedged between a big residential development and an arterial roadway that limit the property's agricultural value.

"These factors ... diminish the precedent that the re-designation of the Brown site would have for future applications to expand the UDB," the judge wrote.

DCA will now issue a final order, which can be appealed.

The focus now shifts to what the ruling will mean for the massive proposed project, Parkland, where builders want to construct a suburb of nearly 19,000 residents with homes, shops and offices on 961 acres outside the UDB.

Jose Cancela, spokesman for the Parkland developers, declined to comment on the Lowe's/Brown case but said the group is moving forward with its application and ''hope to have it before the commission this year."

Critics say the amount of available land has increased in the last year amid record foreclosures.

"With stores and homes going vacant inside the UDB, why do we need to expand the line?" asked Miami Lakes Mayor Michael Pizzi, who has long fought moving the boundary. "This decision sends a message to Parkland that you may well get the votes at the Miami-Dade Commission but you will lose in court."

© 2009 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com

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Most families in Palm Beach County, Treasure Coast now find home ownership within re... Page I of 2

Paln1BeachPost.con1 @§ PRINTTHIS

Most families in Palm Beach County, Treasure Coast now find home ownership within reach

. By JEFF OSTROWSKI

Palm Beach Post Staff Writer

Monday, May 18, 2009

WEST PALM BEACH - Plunging home prices and stable incomes have made homes in Palm Beach County and the Treasure Coast enticingly affordable to most families, the National Association of Home Builders said Monday.

In Palm Beach County, nearly two-thirds of homes sold in the first quarter were in reach of a typical family, according to the NAHB/Wells Fargo Housing Opportunity Index. And in the Treasure Coast, more than four-fifths of homes were affordable for a median-income family.

Hc:ii ;:.state in South Florida

~~l Read the latest =~.:. ·'1 j news_ on the . · ·· 'l.\l housmg market m L ... . """. . South Flonda.

In Palm Beach County, 65.7 percent of new and existing homes sold in the county were affordable to a family making the county's median income of$67,600, the study says. That's up from 53.5 percent in the fourth quarter.

Affordability hit a low of28.8 percent in 2006.

:ill!lli.l~~JB!og In the Treasure Coast, the housing affordability index soared to its serves up latest updates and highest level in 15 years, the index says. Some 81.4 percent of homes chat on South Florida real sold in the first quarter were in reach of a family making the area's estate. median family income of $59,600.

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Surprisingly, incomes changed little from 2008 to 2009, according to the index. Despite rising unemployment rates and a weakening economy, the region's estimated median family income held steady. Income rose 2.4 percent in Palm Beach County from 2008 and fell 0.3 percent in the Treasure Coast.

The national housing market saw a similar trend, as affordability rose to its highest point in the 18-year history of the index.

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A family earning the U.S. median income of about $64,000 could afford around 73 percent of all the homes sold in the first quarter, said David Crowe, NAHB's chief economist.

Crowe has forecast that the housing market will begin picking up toward the end of this year and tum around by 2011.

Builders, however, still face challenges getting loans from banks to finance new construction projects, while many borrowers must comply with more stringent standards that often require them to come up with more money for a down payment.

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Ave Maria -A Town Without a Vote: Residents' control hinges on trust: naplesnews.com Page I of5

Ave Maria - A Town Without a Vote: Residents' control hinges on trust By UAfvJ DILI..Of'J

l'•lonc!::iy, f'!)c:1y .11, 2009

AVE MARIA - Editor's note: Last of a three-part series

Just because Ave Maria's developer can control the town's government forever, doesn't mean it will. Trust us to give residents the power, the developer says. That promise might not be enough to stave off a constitutional challenge.

The idea that Ave Maria Development would want to control the town of Ave Maria's government forever is preposterous to the town's creators.

"Our goal is not to be in control of this (government) in perpetuity," said Blake Gable, a vice president at Barron Collier Cos., one-half of the Ave Maria Development partnership. "That's a silly notion. When you develop real estate, the whole goal is you develop it, you move on. Our goal is to build this community, turn it over to the residents and go do something else."

Paul Roney, Ave Maria University's CFO and often the chief deputy of Ave Maria Development co-partner Tom Monaghan, echoed Gable.

"Developers want to turn over a place as quickly as they can," Roney said. "As quickly as it makes sense. I think that was our mindset back then and I believe it's still our mindset today."

Both Gable and Roney don't dispute that Ave Maria Development can control the town government, known as the Ave Maria Stewardship Community District, while the infrastructure such as roads and utilities are built.

Gable, however, insists they don't want to control the district forever and repeated that position Monday in a meeting with Daily News editors. Further, he said Monday in the meeting, 11,000 homes could be built in Ave Maria and those property owners could collectively have enough votes to take control of the town and district.

The question about control stems from language Ave Maria Development wrote into the 2004 law that establishes its dominion over 10,805 acres in and around Ave Maria town. The law enables Ave Maria Development, as the district's largest landowners, to elect the majority of the district's board members.

By creating its own form of government, Ave Maria Development rejected a structure that had been used exclusively for nearly a quarter century in Florida, called a community development district. A community development district functions similarly to Ave Maria's government, but phases out developer control over the government after a maximum of 10 years.

Ave Maria Development officials said the partnership chose a new mechanism because the town is a complex project that must meet extensive requirements, like Collier County's rural growth plan. Ave Maria Development's control over the government ensures it provides the town's roads and drainage systems over a long construction period when other government structures couldn't.

"It was a logical thing to do from an administrative standpoint, from an efficiency standpoint, from a cost

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Ave Maria - A Town Without a Vote: Residents' control hinges on trust : naplesnews.com Page 2 of 5

standpoint," Gable said. "When you're looking at delivering services to all the residents that are ultimately going to live out there, it seemed like it was a much more appropriate way to go."

Critics fear the potential for Ave Maria Development's perpetual control could be unconstitutional and undemocratic.

Trust us

Ave Maria Development officials say not to worry: Residents will control the town government.

But how?

We'll make sure it happens, the officials say.

According to Ave Maria's law, the district's registered voters gain control over the district when more than half of it is developed. The town, at its completion, doesn't meet that mark. But it does happen if there's development outside the town.

Tom Sansbury, another Barron Collier Cos. vice president, pointed to a document dated June 2005, a year after the governor approved Ave Maria's district. A crudely drawn map attached to the document shows new developments outside the town's boundaries.

Sansbury's document states the turnover threshold - the town plus 376 more acres - will be reached in 24 years.

"We have always intended to develop the rest of the district," Sansbury said.

Ave Maria's financing plans support Sansbury's assertion. The $820 million in municipal bonds authorized by Ave Maria's district includes money for improvements servicing 7,200 homes outside the town.

But Gable concedes development outside the town might not happen, calling it "the last thing in the world we're worried about now."

The partnership, he added, hasn't filed plans with any agency to do so, likely a lengthy process given the environmental and political concerns about development in eastern Collier County.

"It is our land," Gable said. "Much like what happens inside your house, you determine what you're going to do. What happens on our land, if we choose to develop it, is our decision."

If no outside development occurs, the partnership will give control to the town's registered voters voluntarily, Gable said. All he needs to do is call up the county to schedule an election.

"We can do it in a heartbeat," he said.

Besides, he added, there is no purpose to the partnership controlling the district in perpetuity.

"There isn't a single, solitary reason why any human being would want to control the district forever," he said.

Money equals power

The link between money and power is one of American democracy's hallmarks, according to Jim Nicholas, a law professor emeritus at the University of Florida and expert in governments like Ave Maria's.

People paying to run a government should make that government's decisions.

"Those that pay also decide," Nicholas said.

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This connection between money and power exists in cities, counties and in community development districts. Not so for Ave Maria's district. Unlike community development districts, as residents move in and take on more of Ave Maria's financial burden, they do not receive a decisive share of the power.

Someone must pay for the many things Ave Maria's district can do.

The district can purchase land, install roads, run water and sewer utilities, operate public transit, build parks, fire stations, police stations, schools and hospitals, control mosquitoes and manage conservation areas. It also can take private property through eminent domain. Gable said Monday the district is only interested in building roads, the county would handle parks and law enforcement, the school district would handle public school construction and an independent fire district would handle fire coverage.

Each year, Ave Maria homeowners receive a bill from the district as part of their annual property tax notices. The charge, or assessment, is $1,300 for a single-family home this year and must be paid in addition to regular county, school and fire taxes. The developer also receives an annual bill from the district, about $3.6 million this year, based on the property it owns. This year, Ave Maria Development and the town's primary homebuilder are paying almost

94 percent of the $3.9 million in district assessments collected.

Because the developer has this financial burden, the power Ave Maria Development holds and will continue to hold is appropriate, Gable said.

Even at the town's completion, when a projected 25,000 people live in Ave Maria, the developer would pick up much of the district's tab, he said.

"We are still going to be responsible for a significant component of the cost of the district," he said.

But how much is the developer's decision alone.

Florida law gives public officials, like Ave Maria's, substantial latitude over who pays what for improvements within their borders. Those officials can rule that homeowners and business owners pay a greater share than those that own undeveloped land because they benefit more from improvements like roads, and water and wastewater utilities.

Currently, Ave Maria's district does just that. With each new home or business in the town, the portion paid by home and business owners goes up, while the portion paid by owners of undeveloped land goes down.

Should that policy continue, the district's cost will shift from Ave Maria Development to the townspeople. But Ave Maria Development will remain in control, deriving its power from the unassessed, undeveloped land it owns outside the town.

In effect, Ave Maria Development will decide and Ave Maria residents will pay. And there will be nothing residents can do a bout it.

It's impossible to quantify how much this arrangement could cost residents, Nicholas said.

But the philosophical principle is enough to give him pause.

"No taxation without representation I believe was the way it was put a couple of hundred years ago," he said.

'You have to change over'

The man who wrote the law that created Ave Maria's government defended his work. But Ken van Assenderp, Ave Maria Development's attorney, gave different answers in different interviews about the government's legality, saying he changed his mind after further researching the matter.

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Town residents must control the government at some point, van Assenderp said during an interview in his Tallahassee office.

"There's no question that you have to change over," he said.

In 1985, van Assenderp argued and won a Florida Supreme Court case defending landowner control over community development districts. That case doesn't apply to Ave Maria, but van Assenderp said he "marketed" that Supreme Court decision to state and local officials as setting a precedent for Ave Maria's government.

Van Assenderp argued "the spirit" of the case applied.

If that's true, then the district's landowners can control the government for an "initial" period, as outlined in the Supreme Court decision. In the ruling, "initial" isn't defined, but van Assenderp said initial doesn't mean forever.

"It may become a legal problem," van Assenderp said.

Three weeks later, and after conversations with Ave Maria Development officials, van Assenderp said something else.

"It is absolutely not" a legal problem, he said in a telephone interview. "Categorically."

What changed his mind?

Van Assenderp said he took time to review documents related to the government's creation, including the one that pointed to development plans outside the town.

Asked if his opinion applied if Ave Maria Development decided not to build outside the town, van Assenderp said it did.

"Because of their promise to turn it over," he said. "They don't want it. I know they don't want it."

Van Assenderp added that some community development districts have never turned over to registered voter control. Legally, the developer can always control community development districts with fewer than 500 registered voters or serving commercial or industrial purposes.

That provides sufficient protection for Ave Maria, he said.

Unconstitutional?

Nicholas isn't as sure. He doesn't see a resolution to the problems presented by Ave Maria's government other than in the nation's highest courts.

\'Does that violate the constitutional principle of one man, one vote?" he asked. "Well, those principles evolved over general-purpose governments, so I think when, not if, that is decided by the Florida or perhaps U.S. Supreme Court, I think that's something they're going to have to deal with. Are the powers vested in these people sufficient that those principles would apply, or are they not?"

If Ave Maria's government loses a court challenge, it could threaten the town's financial structure. The municipal bonds the government intends to issue will finance the town's construction. Also, Ave Maria Development could be forced to transition to a resident-controlled board sooner than it would like.

But the partnership isn't worried.

Asked what would happen if a lawsuit is filed against Ave Maria's government, Sansbury replied: "The courts

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would have to decide the validity of the challenge."

Gable said he has "zero" concern the law could be unconstitutional.

"I have not one lick of concern at all," he said.

* * * In August, 40 people attended a meeting of the Ave Maria Stewardship Community District. For 2 1/2 hours, town residents peppered the five board members and district employees with questions. Who are you? Why do we have to pay you?

The board members and employees answered the questions dutifully.

The meeting neared its end. The board's chairman, Tom Peek, a retired partner at the engineering firm that designed Ave Maria, spoke.

He said there was time for one more question.

Kathy Delaney stood. Delaney, a mother of two teenage sons, moved in November 2007 from Maryland to Ave Maria. She wanted to know what would happen if the residents didn't want a district.

"Is that a possibility?" she asked. "If we just say, 'No?'"

Peek summoned van Assenderp, and the attorney replied.

"If you had the political power," he said, "yes, ma'am, that is an option."

ABOUT THIS SERIES

The Daily News spent more than a year researching and reporting "A Town Without A Vote." Any narrative reconstruction is based on interviews and thousands of documents, including internal Ave Maria Development memos obtained by the Daily News.

© Naples News

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City to consider zoning regulations on where medical marijuana can grow - Chico Enterpr... Page I of 1

ChicoERcom City to consider zoning regulations on where medical marijuana can grow

By JENN KLEIN - Staff Writer

Posted: 05/13/2009 12:00:00 AM PDT CHICO -- Safety concerns over medical marijuana plants growing in residential areas could result in zoning regulations on where in town pot plants can grow.

Faced with concerns from a Chico woman two doors down from a home growing medical marijuana, city councilors on the council's Internal Affairs subcommittee directed staff to look into making changes in the city's Municipal Code that could restrict growing to areas zoned for light industrial use.

However, because the city's Planning Department is currently immersed in the process of updating the city's General Plan, any zoning change recommendations will come as time allows.

In the meantime, the Police Department and code enforcement staff will put together a list of recommendations and guidelines for medical marijuana growers on ways they can avoid annoying their neighbors and stay safer from anyone seeking to steal the plants.

A mother of three in northwest Chico asked the council to consider a public nuisance ordinance preventing those with medical pot prescriptions from growing the plants outdoors. Such an ordinance is currently in place in Gridley. Instead, those with medical marijuana prescriptions would cultivate the plants indoors.

The mother said last summer the marijuana plants were so large they could be seen from her family's

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backyard, and the smell was so intense, it prevented them from enjoying their backyard until late fall.

But City Councilors Andy Holcombe, Tom Nickell and Scott Gruendl and acting police chief Capt. Mike Maloney said moving the plants indoors would swap one problem for another.

Holcombe said the lamps needed to grow the plants indoors could increase the possibility of home invasions. Maloney said the police don't want to do anything that will create an opportunity for violent crime to increase.

"Exchanging one set of rules for a different set of rules could potentially create a different set of issues," Maloney said.

The trio had considered the possibility of allowing marijuana dispensaries in Chico, but Holcombe said guidelines already exist on dispensaries and the council has no need to act.

Assistant City Manager John Rucker said there is no legal way for someone to purchase marijuana from a dispensary unless they are involved in cultivation. The dispensary has to be set up similar to a private not-for-profit organization. Set-ups similar to a pharmacy are illegal, he said.

Staff writer Jenn Klein can be reached at 896-7767 or jklein@chicoer.com.

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• BY THE NUMBERS Child dependency ratio (2007)

cl. Utah, 51,2

(l\(highest)

National: 38,9

District of Columbia:·28.1 · (lowest)

The child dependency ratio is derived by dividing the population under 18 by the I 8-to-64 population and multiplying by 100.

Old-age dependency ratio (2007)

" Florida, 27.9 ffl (highest)

National: 19.9

Alaska: 10.3 {lowest)

The old-age dependency ratio is derived by dividing the population 65 and over by the 18-to-64 population and multiplying by 100.

Greatest and least population growth by state, July 2000-July 2008 (%)

·10L-___________________________ _

Nevada Arizona 28.8 25.8

Utah 22

Georgia 17.7

Idaho Michigan West North 17.3 0.5 Virginia Dakota

0.4 0.4

U.S. population over age 65, 2007 and 2030 (projected) (%)

Rhode Louisiana Island -1.3 0.006

30 1-----------------------------

10

o._ __________________________ _

2007

- National • Florida •Maine

2030

llllliutah

The U.S. population as a whole will continue to age, but there will be considerable geographic variation.

Average Household Size (2007-2008)'

' f J Utah,3,11 nn (highest)

National: 2.56

District of Columbia: 2'4(('.= , (lowest)

The average household size continues to decline, but there is substantial variation by state. 'State figures are for 2007; National figure is for 2008.

Housing Permits

September 2005 total= 2,263,000

January 2009 total= 531,000

Housing permits fell to a historic low in January 2009, particularly for single-family units.

42 Planning May 2009 Source: U.S. Census for all Items on this page. Compil'e!d by the American Planning Association's Research Department.