Fort Walton Beach Council agenda — 04-11-06 Workshop — reading text

the which, in conjunction with the testimony of the comprehensive plan, the landowner is not neighbors, if believed by the Commission, this presumptively entitled to such use. Additionally, a evidence would constitute competent substantial property owner is not entitled to relief by proving evidence. * 118 Metrov /itan Dade Countv v. consistency alone when the board action is also Svortacres Dev. GrouD, 698 So. 2d 281. 282 ( Fla. 3d consistent with the comprehensive zoning plan. DCA 1997). See also, Metrovo/itan Dade Countv v. Where any of several zoning classifications is Dusseau 725 So.2d 1169 ( Fla. 3d DCA 1998). consistent with the plan, the applicant seeking a change from one to the other is not entitled to judicial No one disputes the fact that the closest approved relief absent proof the status quo is no longer density to the Walberg property was one single reasonable." Snyder, at 475. family residence on a five acre lot ( EU- 2). Citizen testimony urged the Commission to use that density IQ1 As the Snyder court found: as the relevant benchmark, and to adhere to that T] he comprehensive plan is intended to provide density level for the Walberg property. As in for the future use of land, which contemplates a Blumenthal, the Commission took the position that gradual and ordered thisapplicant' project s should not exceed the same growth.... Like the A] comprehensive plan only establishes a long- density allowed to the nearest neighbor. range maximum limit on the possible intensity of decision of the Commission in Blumenthal, "[ t] hat is land use; a plan does not simultaneously establish a simple and unassailable determination by the an immediate minimum limit on the possible County Commission for which there is ample intensity ofland use. The present use ofland may, substantial competent evidence." Blumenthal, at 609. by zoning ordinance, continue to be more limited The point is that when the facts are such as to give than the future use contemplated by the the County Commissioners a choice between comprehensive plan. alternatives, it is up to the County Commission to tt Snyder, at 475, citing Citv of Jacksonville Beach v. make that choice-- not the circuit court. ld at 606. Grubbs 461 So. 2d 160. 163 ( Fla. 1st DCA 1984). Appellants failed to show that the status quo was unreasonab Ie. ill Appellants further allege that the testimony in opposition to their rezoning application could not be Because the Commission' s denial of the rezoning considered to be substantial competent evidence. In was based upon substantial competent evidence, its a case very similar to the present matter, the Third decision should be affirmed. District found that " under the correct legal standard, citizen testimony in a zoning matter is perfectly permissible and constitutes substantial competent In sum, we agree with the County that the Miami- evidence, so long as it is fact-based." Metrovo/itan Dade Circuit Court, Appellate Division, applied the Dade Countv v. Blumenthal. 675 So. 2d 598. 607 ( Fla. wrong standard of burden of proof and the wrong 3d DCA 1995), rev. dismissed, 680 So.2d 421 standard of review to the Commission' s decision. Fla. 1996). Mere generalized statements of We grant the County' s Petition for Writ of Certiorari, opposition are to be disregarded, but fact-based quash the order under review, and remand with testimony is not. directions to affirm the Commission' s decision. In addition to neighbor testimony, the Commission 739 So.2d 115, 24 Fla. L.Weekly DI539 heard testimony of an expert discussing how the END OF DOCUMENT zoning change would affect the esthetics of the area. Also presented to the Commission was a site map of @ 2006 Thomson/ West. No Claim to Orig. U. S. Govt. Works. t\€ 1aw st: 629 So.2d 161 Page 1 629 So.2d 161, 18 Fla. L. Weekly D2117 Cite as: 629 So. 2d 161) 414II(A) In General H 414k27 k. Public Health, Safety, Morals or District Court of Appeal of Florida, Fifth District. General Welfare. Most Cited Cases BA TT AGLIA PROPERTIES, LTD., Appellant, All ownership are protected incidents of property v. from infringement by state unless regulations are FLORIDA LAND AND WATER ADJUDICATORY reasonably necessary to secure health, safety and COMMISSION, et aI.,Appellees. welfare of public. No. 92- 88. ill Zoning and Planning 414 ~ 602 Oct. 1, 1993. Rehearing Denied Jan. 7, 1994. 414 Zoning and Planning 414X Judicial Review or Relief Developer sought review of a final order of Land and 414X( C) Scope of Review Water Adjudicatory Commission which approved a 414X( C) 1 In General 414k602 k. Regulations in General. Most development order that contained conditions on use of property. The District Court of Appeal, W. Sham, Cited Cases J., held that evidence established that the conditions Enactment of general comprehensive zoning and planning ordinances, and amendments is imposed on the development by changes to the maps, reasonable and not legislative action subject to " fairly debatable" or comprehensive plan were arbitrary and, thus, did not unconstitutionally take deferential standard of review. property by depriving a reasonable economically viable use. ill Constitutional Law 92 ~ 7 Affirmed. 92 Constitutional Law 92V Personal, Civil and Political Rights Goshorn, J., filed an opinion concurring specially in 92k87 k. Right to Acquire, Hold, and Dispose result. of Property. Most Cited Cases Governmental action involving application of general Cowart, J .A., Jr., Senior Judge, filed dissenting rule of law to particular piece of property to limit or opinion. restrict property use impacts basic constitutional property rights and requires close judicial scrutiny. West Headnotes ill Zoning and Planning 414 ~ 671 ill Zoning and Planning 414 ~ 40 414 Zoning and Planning 414 Zoning and Planning 414X Judicial Review or Relief 414 II Validity of Zoning Regulations 414X( C) Scope of Review 41411(A) In General 414X( C)3 Presumptions 414k40 k. Deprivation of Property. Most 414k671 k. Nature and Extent in Cited Cases General. Most Cited Cases Zoning statute that prohibits government from committing taking of property without compensation Zoning and Planning 414 ~ 680. 1 implicitly requires balancing of interests of state in protecting health, safety, and welfare of public agents 414 Zoning and Planning against constitutionally protected interests of private 414X Judicial Review or Relief property owner. West' s F. S. A. &380. 012 et seq. 414X( C) Scope of Review 414X( C) 3 Presumptions ill Zoning and Planning 414 ~ 7 414k680 Burden of Showing Grounds for Review 4 I 4 Zoning and Planning 4l4k680. 1 k. In General. Most Cited 41411 Validity of Zoning Regulations Cases