Alachua County v. Reddick

368 So. 2d 653
CourtDistrict Court of Appeal of Florida
DecidedMarch 20, 1979
DocketKK-191
StatusPublished
Cited by9 cases

This text of 368 So. 2d 653 (Alachua County v. Reddick) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alachua County v. Reddick, 368 So. 2d 653 (Fla. Ct. App. 1979).

Opinion

368 So.2d 653 (1979)

ALACHUA COUNTY, Appellant,
v.
James K. REDDICK and Annie Mae Reddick, His Wife, Appellees.

No. KK-191.

District Court of Appeal of Florida, First District.

March 20, 1979.

*654 George H. Nickerson, Jr. and Marilyn C. Wolf, Gainesville, for appellant.

Philip A. DeLaney, of Andrews & DeLaney, Gainesville, for appellees.

SMITH, Acting Chief Judge.

Alachua County appeals from a circuit court judgment enjoining the enforcement of a zoning classification of the Reddicks' property more restrictive than commercial. The property is now zoned for low-density residential purposes. The board of county commissioners denied the Reddicks' application for BH (Highway Oriented Services) zoning. After a trial, the circuit court ordered commercial zoning of an unspecified character, holding that the board's decision

... was not reasonably related to any valid public need, nor did it have a material bearing upon the public health, safety, morals or general welfare of the community, and was therefore not a valid exercise of the police power vested in the [county].

Alachua County contends on appeal that its zoning decision had a rational basis in the circumstances and the public welfare, that the basis for its action was at least fairly debatable, that the Reddicks' property interests were not confiscated, and that the circuit court erred in issuing a mandatory injunction for commercial rezoning. We agree, and reverse.

Archer Road intersects Interstate Highway 75 southwest of Gainesville in an area previously devoted to agricultural, residential, and scattered industrial use. The interchange connecting the two roadways is the largest in Alachua County, indeed the largest in north Florida. Alachua County's director of planning and development, the witness Lewis, described the interchange as "probably one of the most important ... in the state of Florida." By that interchange I-75 motorists from the north and south turn east on Archer Roach to reach Gainesville's large public medical complex and "sporting events and the conferences and so on going on at the university." At the interchange I-75 lies northwest and southeast and Archer Road lies northeast (six lanes through shopping area toward Gainesville) and southwest (four lanes now, two additional lanes proposed). Neighborhood circumstances are as shown in the appended sketch.

The zoning here questioned restricts automobile-oriented commercial development near the interchange to 109 acres of land lying in four roughly equivalent quadrants immediately surrounding the structure. Service roads to those quadrant properties minimize interference by their traffic with free passage on the interchange and on Archer Road. The Reddicks' narrowly rectangular property, 5.7 heavily wooded acres fronting 210 feet on the south side of Archer Road, lies just beyond and southwest of the southwest quadrant and its service road, 1,000 feet from I-75. The Reddick tract is separated from the southwest quadrant by a cleared 100 foot wide electrical transmission easement adjoining the Reddicks' eastern boundary. At Archer Road the transmission lines turn west on an old 60 foot wide railroad right-of-way between Archer Road and adjoining private properties.

*655 The Reddicks' tract is zoned R-1A (Single Family-Low Intensity), and they maintain their home there. The house is two to three hundred feet back from the frontage. Neighboring properties farther southwest on Archer Road are similarly zoned and used as residences. The Reddicks, desiring now to place a motel on their property, requested rezoning to commercial BH (Highway Oriented Services), an intensive commercial classification which permits motels, filling stations, and restaurants including fast food drive-ins. The county commission accepted professional advice to prevent strip commercial development along Archer Road southwest of the interchange, and denied the BH rezoning requested by the Reddicks.

The board of county commissioners denied the Reddicks' application for BH zoning after repeated hearings and long study of this and other rezoning requests affecting property near the Archer Road interchange. Three years before the scope and design of the Archer Road interchange were fully developed, the commission had adopted a highly generalized color-coded land use planning map (exhibited in this record at 1' = 3,000 feet) which shows commercial usage surrounding the Archer interchange and including the northeast tip of the Reddicks' tract. In 1975 and early 1976, the board of commissioners, the county director of planning and development, the county planning commission, and the North Central Florida Regional Planning Council, engaged as a consultant, proposed and debated several more carefully drawn approaches to the problem. The commission's final decision in February 1976 endorsed the advice of planning and development director Lewis against strip commercial development southwest of the interchange on Archer Road; and, to that end, the commission denied the Reddicks' and four other petitions for intensive commercial development. As the witness Lewis testified, the county commissioners had come to regard the strip commercial development on the Newberry Road approach to I-75, approximately three miles to the north, as a "disaster." The Newberry Road lesson was that the proliferation of automobile-oriented businesses on an interchange approach produces numerous driveways serving narrowly spaced establishments, a considerable volume of locally-bound traffic turning off and on the approach, left and right, and a resulting "glut" of traffic tending to make the highway "unusable."

The testimony of Lewis and the written submissions to the board of county commissioners, during their deliberations, reveal also that the commission was concerned about striking a proper balance county-wide in the amount and locale of commercial and noncommercial properties. Of the 3,300 commercially-zoned acres in the Gainesville urban area, including the city, only 800 were in actual commercial use when the commissioners made their decision in this case. The underdevelopment of land already available for commercial use was another factor in the commission's decision not to expand, in this particular place, the county's inventory of such land.

Accepting the premise that strip commercial development should be restricted southwest of I-75 on Archer Road, the commission turned to the task of drawing a line somewhere between the commercial usage to be permitted in the southwest quadrant of the interchange, on service roads, and the existing residential properties on the southwestern stretch of Archer Road. On that subject Mr. Lewis' formal report advised the commission that the 100 foot wide electrical transmission easement which separates the Reddick property from the southwest quadrant and its service road was the best if not the only logical place to draw that line:

To the west of I-75 on the south side of Archer Road there exists a 100-foot easement immediately west of the Brown's Mobile Home Park, which provides a natural buffer between residential and nonresidential uses. This buffer also fronts at the point where the southwest quadrant access road intersects with Archer Road. Any intrusion of commercial uses of any kind beyond this buffer line, on either side of Archer Road, to the west in *656 the residentially zoned and partially developed area would open the door for strip commercial zoning along this entire stretch. There would be no reasonable cause for stopping it.

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368 So. 2d 653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alachua-county-v-reddick-fladistctapp-1979.