Allapattah Community Ass'n, Inc. of Florida v. City of Miami

• Decision Date: 08 January 1980
• Docket Number: No. 79-1190,79-1190
• Citation: 379 So.2d 387
• Parties: ALLAPATTAH COMMUNITY ASSOCIATION, INC. OF FLORIDA, a Non-profit Corporation, and Martin Spellman and Patricia Spellman, his wife, residents and taxpayers of the City of Miami, Appellants, v. CITY OF MIAMI, Florida, a Municipal Corporation, Appellee.
• Court: Florida District Court of Appeals

Page 387

379 So.2d 387

ALLAPATTAH COMMUNITY ASSOCIATION, INC. OF FLORIDA, a Non-profit Corporation, and Martin Spellman and Patricia Spellman, his wife, residents and taxpayers of the City of Miami, Appellants, v. CITY OF MIAMI, Florida, a Municipal Corporation, Appellee.

No. 79-1190.

District Court of Appeal of Florida, Third District.

Jan. 8, 1980.

John Lazarus, Miami, Legal Services of Greater Miami, for appellants.

George F. Knox, Jr., City Atty., and G. Miriam Maer, Asst. City Atty., for appellee.

Before HAVERFIELD, C. J., and SCHWARTZ and NESBITT, JJ.

SCHWARTZ, Judge.

Notwithstanding the strong recommendation of its planning department and a 4-1 decision of the Planning Advisory Board to the contrary, and over the vigorous objections of the vast majority of the residents of the affected area, the City of Miami Commission changed the zoning of a portion of the Allapattah community from residential (R-3, R-4) to commercial (C-5) usage. We find that the rezoning was not based upon any factually supported or legally cognizable ground which could serve to justify that action and was therefore not "fairly debatable." Since the court below held otherwise, we reverse the judgment under review.

The property which was the subject of the rezoning is located on the north side of N.W. 23rd Street between 17th and 25th Avenues, to a depth of 175 feet. It is indicated by the cross-hatching on the map which is reproduced below:

NOTE: OPINION CONTAINS TABLE OR OTHER DATA THAT IS NOT VIEWABLE

In keeping with the existing R-3 and R-4 zoning (low and medium multiple residential use, respectively), the north side of N.W. 23rd Street is now overwhelmingly residential in character. In addition to many private homes, a HUD public housing development and a high school, among other structures, face directly on the street. On the other hand, the south side of the street, which forms a part of what is known as the Allapattah Industrial area, is zoned C-5 (liberal commercial). Consistent with that classification, it is almost entirely commercial and contains warehouses, automobile repair facilities and the like. To the south of this area, I-1 (light industrial) zoning extends to N.W. 20th Street.

One of the commercial establishments on the south side of 23rd Street is a large meat packing plant operated by Northwestern Meat, Inc. In late 1977, that company, desiring to expand its operation, applied to the Miami Zoning Board for the rezoning of four lots on the north side of 23rd, across the street from its plant. The Zoning Board denied the application on the stated ground that such a change would result in undesirable "spot zoning" of the area. Northwestern then appealed to the Commission, which requested the professional staff of the city's planning department to undertake a "broader study of the area" and to make recommendations accordingly. During this period, the time limitation for the presentation of Northwestern's "appeal" from the Zoning Board expired, and the Commission therefore took no formal or final action upon it.

Under the city code, Northwestern's request for a rezoning of the four lots in question could not have been renewed for one year. The Commission, however, submitted to the city's Planning Advisory Board ¹ a proposal to rezone to C-5 the entire strip of the residential property on the north side of N.W. 23rd Street of course including the four lots with which Northwestern was concerned. It was this proposal which was eventually adopted and which is now before us.

Pursuant to the commission's request, the Planning Advisory Board held an extensive hearing, the transcript of which has been made a part of the record on appeal. Several residents of the area appeared, including one of the present appellants, Mrs. Patricia Spellman, who owns a home in the strip in question at the corner of 23rd Street and 24th Avenue. Many of them had lived in the area, one of Miami's oldest and most traditional residential neighborhoods, for periods ranging from 10 to 30 years. With perhaps one exception, all expressed both their desire to continue to reside in the area as it was, and their concern that commercial zoning would severely harm, if not destroy its still-viable residential nature. ² No residents of the area north of 23rd Street, either before the Board or, later, before the Commission, ever expressed any dissatisfaction with the neighborhood whether because of the traffic on 23rd Street or for any other reason. They wished only to preserve its character and therefore, virtually unanimously, were in opposition to the proposed rezoning.

At both the Planning Board and the Commission hearings, the Planning Department presented the results of the study requested by the Commission. Its professional recommendation was unreservedly against the proposal. Its conclusions were stated as follows:

There is no justification for the rezoning of the residential area along the north side of NW 23rd Street between 17th and 27th Avenues. The basis for this recommendation is as follows:

Comprehensively, there is no justification for additional commercial zoning, due to the fact that ample properly zoned land (I-1) exists in near proximity to the subject area which is vacant or underutilized (presently occupied with low density residential wood structures in various states of disrepair). As indicated on the attached map titled 'Allapattah Industrial Area,' and as reported by the Miami Comprehensive Neighborhood Plan studies, sufficient land is available, based on recent trends, to accommodate commercial and industrial expansion in this area for the next 12 to 15 years.

Any change to commercial zoning would not be consistent with the existing established land use pattern of the area.

The proposed change would not be in accord with the proposed Miami Comprehensive Neighborhood Plan which recommends low-moderate density residential land use for the north side of 23rd Street.

If zoning changes occur the impact on the abutting residential development would be greater than the impact upon the existing residential development facing the existing commercial development. Close proximity of commercial development (10' rear setback) could affect the quality of life more than facing commercial uses due to the street's spatial quality, and scheduled landscaping and buffering improvement.

The encroachment of additional commercial activity into the residential area could have a negative impact with respect to the stability of the residential area to the north. Efforts such as the 'Comprehensive Neighborhood Rehabilitation Program' which promotes investments and interest in existing housing stock could likewise be adversely impacted.

A change as proposed would increase auto and truck traffic on 23rd Street and could introduce additional commercial traffic into the residential area between 23rd and 28th Streets. ³

After the Planning Board voted 4-1 to recommend that the proposal be rejected, the City Commission proceeded to consider the rezoning at its meeting of September 28, 1978. As they had before the Planning Board, the planning department and representatives of the residents presented their opposition. As at the Advisory Board level, three types of argument were presented on the other side:

(a) A non-resident of the area, who happened to be the architect for Northwestern Meat, stated his opinion that the commercial traffic on N.W. 23rd Street was too heavy, too dangerous, and incompatible with the residential character of the north side of the street.

(b) Several persons, all non-residents of the area, and three of whom were associated with Northwestern Meat, stated their conclusion that the area should be rezoned so as to attract new business and industry to the city.

(c) Statements were made by various persons at the meeting, notably including the attorney for Northwestern Meat and the city commissioner who moved for the adoption of the ordinance, that it was "poor planning" to permit a street to serve as a dividing line and buffer zone between two zoning districts.

At the conclusion of its meeting, the commission voted 3-2 to adopt the proposal by enacting ordinance No. 8862, which provided as follows:

WHEREAS, the City Commission, notwithstanding the recommendation of denial by the Miami Planning Advisory Board, and after careful consideration and due deliberation of this matter, deems it advisable and in the best interests of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth;

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:

Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami be, and the same is hereby amended by changing the zoning classification of the north side of N.W. 23rd Street generally to a depth of 175', from 364.5' west of N.W. 17th Avenue to N.W. 25th Avenue, from R-3 (Low Density Multiple) and R-4 (Medium Density Multiple) to C-5 (Liberal Commercial); . . .

The Allapattah Community Association, Inc., and Martin and Patricia Spellman sought review of the ordinance in the Dade County Circuit Court. ⁴ The appellate division of the lower court affirmed on the simple statement that it found the measure to be "fairly debatable." The Spellmans and the Association then took certiorari, which we have treated as an appeal, ⁵ to review the Circuit Court decision.

It is axiomatic that no zoning regulation may be sustained unless it bears a substantial relation to the public health, safety, morals, or welfare. E. g., City of Miami Beach v. Lachman, 71 So.2d 148 (Fla.1953); Town of Belleair v. Moran, 244 So.2d 532 (Fla. 2d DCA 1971) and cases cited. It is required that those who, like the appellants in this case, seek to set aside a particular zoning decision clearly demonstrate that it is not even "fairly debatable" that no such relationship exists. City of St. Petersburg v. Aikin, 217 So.2d 315 (Fla.1968). That...