THE CITY OF TAMPA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND THE TAMPA CITY COUNCIL, IN ITS CAPACITY AS ZONING AUTHORITY FOR THE CITY OF TAMPA, PETITIONERS,
v.
STEPHEN SPETH, RESPONDENT
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The Florida Fifth District Court of Appeal reviewed a circuit court's decision that had overturned a county commission's denial of a landowner's zoning change request.
The dissenting judge argued that the circuit court's ruling should be quashed, particularly regarding the sufficiency of evidence, though acknowledging potential reviewability issues.
[1] A property owner seeking a zoning reclassification bears the burden of proving that the current zoning classification is arbitrary, unreasonable, or confiscatory.
[2] A zoning authority is not obligated to rezone property solely to facilitate its best use or maximize its marketability.
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Join FLexlaw to unlock all legal intelligenceA landowner sought to rezone undeveloped land from multifamily residential to commercial. The county commission denied the application, but the circui…
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PER CURIAM.
The City of Tampa petitions this court for a writ of certiorari to review an order of the circuit court which overturned the city council’s denial of a rezoning request by respondent Stephen Speth. We agree that the order constitutes a departure from the essential requirements of law and grant the petition for certiorari.
Speth owns a parcel of land at the intersection of Marti and Estrella Streets in the Palma Ceia area of Tampa. Presently one single-family home is situated on the property. Speth’s proposed use for his lots is the construction of five townhouses contained within three structures, a usage not permitted under the current zoning classification. Thus Speth sought rezoning from RS-50 (single family residential) to RM-16 (low to medium density residential, with multiple-family development as a possible “special use”). Although various local planning agencies voiced no objection to the proposed change, the city commission denied Speth’s rezoning petition. The circuit court then reversed, finding that the denial of the rezoning request was “not fairly debatable.”
When a property owner applies to have his zoning classification changed, the burden rests with the applicant to demonstrate that continuation of the present classification would be arbitrary, unreasonable, or confiscatory. Rural New Town, Inc. v. Palm Beach County, 315 So. 2d 478 (Fla. 4th DCA 1975); Board of County Commissioners of Hillsborough County v. Ralston, 284 So. 2d 456 (Fla. 2d DCA 1973). There is no obligation on the part of the zoning authority to rezone property simply to advance its best use or guarantee the highest salability. Alachua County v. Reddick, 368 So. 2d 653 (Fla. 1st DCA 1979). At the hearing before the city council Speth presented no evidence that the type of use permitted under the present, more restrictive zoning classification was no longer a viable option. Particularly when viewed in conjunction with the council members’ concerns about the aesthetic and historical character of much of the surrounding neighborhood and about the long-term effect upon traffic patterns that would accompany the encouragement of increased housing density, this leads us to conclude that the council did not act arbitrarily or unreasonably and thus that the circuit court departed from the essential requirements of law in ruling otherwise.
We grant the petition for writ of certiorari and remand this case to the circuit court with directions to rescind its order overturning the City of Tampa’s denial of the request for rezoning.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
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Snyder v. Bd. OF Cnty. Comm'rs OF Brevard Cnty., 595 So. 2d 65 (Fla. 5th DCA 1991)…Regulation: A Unified Approach and Application to Florida,” 8 F.S.U. Law Rev. 499 (1980). . City of Miami Beach v. Lachman, 71 So. 2d 148, 152 (Fla.1953), appeal dismissed, 348 U.S. 906, 75 S.Ct. 292, 99 L.Ed. 711 (1955). . City of Tampa v. Speth, 517 So. 2d 786 (Fla. 2d DCA 1988). . See, e.g., St. Johns County v. Owings, 554 So. 2d 535, 537 (Fla. 5th DCA 1989), rev. denied, 564 So. 2d 488 (Fla.1990); Palm Beach County v. Tinnerman, 517 So. 2d 699 (Fla. 4th DCA 1987), rev. denied, 528 So. 2d 1183 (Fla.1988…
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LEE Cnty. v. Morales, 557 So. 2d 652 (Fla. 2d DCA 1990)…tuary Properties, Inc., 399 So. 2d 1374, 1381 (Fla.1981), cert. denied, 454 U.S. 1083, 102 S.Ct. 640, 70 L.Ed.2d 618 (1981) (regulation promoted public welfare, prevented public harm, and was not arbitrarily applied) See also City of Tampa v. Speth, 517 So. 2d 786, 787 (Fla. 2d DCA 1988) (aesthetic and historical concerns and concern of long term effect on traffic patterns if rezoning request is granted shows zoning body did not act arbitrarily or unreasonably in denying request). Thus, the Zoning Board was a…
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City Comm'n OF the City OF Miami v. Woodlawn Park Cemetery Co., 553 So. 2d 1227 (Fla. 3d DCA 1989)…1352 (Fla.1988), holding that a municipality properly exercises its police powers in promoting the safety, health, and welfare of its citizens when it controls vehicular traffic in certain areas to prevent congestion. See also City of Tampa v. Seth, 517 So. 2d 786 (Fla. 2d DCA 1988) (city did not act arbitrarily in denying a zoning change out of consideration for the character of the surrounding neighborhood and the adverse impact to be caused it by increased traffic). In Town of Bay Harbor Islands, we also…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Rural NEW Town, Inc. v. Palm Beach Cnty., 315 So. 2d 478 (Fla. 4th DCA 1975)
- Alachua Cnty. v. Reddick, 368 So. 2d 653 (Fla. 1st DCA 1979)
- Bd. OF Cnty. Comm'rs v. Ralston, 284 So. 2d 456 (Fla. 2d DCA 1973)