City of Gainesville v. Republic Inv. Corp.

480 So. 2d 1344, 10 Fla. L. Weekly 2693, 1985 Fla. App. LEXIS 21665
CourtDistrict Court of Appeal of Florida
DecidedDecember 6, 1985
DocketBC-227
StatusPublished
Cited by6 cases

This text of 480 So. 2d 1344 (City of Gainesville v. Republic Inv. Corp.) 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
City of Gainesville v. Republic Inv. Corp., 480 So. 2d 1344, 10 Fla. L. Weekly 2693, 1985 Fla. App. LEXIS 21665 (Fla. Ct. App. 1985).

Opinion

480 So.2d 1344 (1985)

CITY OF GAINESVILLE, Appellant,
v.
REPUBLIC INVESTMENT CORPORATION, Appellee.

No. BC-227.

District Court of Appeal of Florida, First District.

December 6, 1985.
Rehearing Denied January 20, 1986.

*1345 Marion J. Radson, Deputy City Atty., Gainesville, for appellant.

James E. Clayton of Clayton, Johnston, Quincey, Ireland, Felder & Gadd, Gainesville, for appellee.

ERVIN, Judge.

City of Gainesville appeals from a final declaratory judgment ruling that appellee Republic has the right to combine buildings and add parking spaces on its property, subject to certain conditions. We reverse, upon finding that under the circumstances the trial court did not have subject matter jurisdiction.

On October 17, 1983, the Gainesville City Commission adopted Ordinance 83-94 which (1) rezoned appellee's land to the category of "planned development"; (2) incorporated a development plan, consisting of a development report, an existing site plan, a development plan map and a concept layout plan map; and (3) required site plan approval of the development pursuant to the procedure set out in Chapter 29 of the City's Zoning Code.

The development plan shows twelve lots with approximately one acre in each. The development report essentially provides: (1) On lots 6-12, the maximum building ground coverage on each lot will be 8,000 sq. ft., and the total maximum building area, 8,000 sq. ft.; (2) on lots 1-5, the maximum building ground coverage on each lot will be 10,000 sq. ft., and the total maximum building area, 12,000 sq. ft.; (3) eventual development may combine two or more lots into one parcel, but the level of intensity of these potentially combined parcels shall not exceed the sum total of the individual lots; (4) standard City requirements for parking will apply; and (5) as each lot or combination thereof is proposed for development, preliminary and final site plan approval must be obtained.

Pursuant to the Zoning Code, the second basic step of the approval process for a planned development is detail approval, including subdivision and site plan approval. On April 16, 1984, the City Commission approved appellee's subdivision plat for recording. The subdivision plat divided the property into only four lots, rather than twelve. Relevant to this appeal, the plat combines former lots 1-5 into lot four, and renumbered lot twelve to lot one. Over appellee's apparent objection, the City Commission ordered the following restrictions be set out on the plat:

BUILDINGS
As to Lots 1, 2 and 3:
Maximum of seven (7) buildings, maximum building area of 8000 square feet each, maximum one (1) story height (not to exceed 25 feet). Buildings not to be combined.
As to lot 4:
Maximum of five (5) buildings, maximum building area of 12,000 square feet each, maximum two (2) story height (not to exceed 35 feet).

(e.s.) Appellee recorded the plat with those restrictions on April 17, 1984.

Even with an accepted subdivision plat, appellee could not begin development except in accordance with an approved site plan. Section 29-56(c)(2), Gainesville Zoning Code. The purpose of the site plan approval process is

to promote harmonious, functional relationships among the various elements within any development such as the location of activities, vehicular and pedestrian circulation systems, and visual form to insure physical, social and economic compatibility with neighboring developments and conditions, as well as with the community at large and to prevent detrimental impact to the natural environment on and off the site by providing for review and evaluation of site plans for all developments of the types listed in Section 29-86 and others as specified elsewhere in this Chapter. Although certain minimum standards are prescribed by specific provisions of this Chapter, site plan review will permit maximum flexibility in evaluating each plan on its merits and encourage variety and innovation within the intent and purpose specified for each district while insuring privacy and safety on all levels.

*1346 Section 29-85, Gainesville Zoning Code (e.s.).

The first step of the approval process is review of the preliminary site plan, which must show: (1) the location of all proposed parking areas, including the exact number of spaces; (2) the location and gross floor area of all proposed buildings; and (3) the percentage of the site that will be covered by buildings and the percentage that will be covered by streets, drives, parking and loading areas. Section 29-90(a)(4)(B)(C) and (G), Gainesville Zoning Code. After review by the City Department of Community Development, the City Plan Board reviews all preliminary site plans at a public hearing and determines whether they meet certain criteria.[1] Section 29-89(a)(2)(C), Gainesville Zoning Code. If the Plan Board denies approval, it "shall specify how ..., if at all, the applicant's site plan may be amended or supplemented in order to meet the requirements of this Chapter." Section 29-89(a)(2)(c), Gainesville Zoning Code. Upon approval by the Plan Board, an applicant has the authority to proceed with its final site plan. Also, following acceptance of the preliminary site plan by the Plan Board, "no significant changes shall be made during the review of the final plan." Section 29-89(a)(1), Gainesville Zoning Code.

The final site plan process reviews the details of a final site plan and any minor modifications made as a result of preliminary approval. Section 29-89(b)(1), Gainesville Zoning Code. The final site plan must include all information previously approved during the preliminary site plan review process. Section 29-90(b), Gainesville Zoning Code. Again, after the final site plan undergoes Department of Community Development review, the Plan Board

shall review all final site plans at a public hearing and determine whether they meet the intent of this Article, other regulations that may apply, and any requirements established during the preliminary site plan approval process. In denying approval of a final site plan, the board shall specify how or in what respects, if at all, the applicant's site plan may be amended or supplemented in order to meet the requirements of this Chapter.

Section 29-89(b)(2)(C) (e.s.).

On May 17, 1984, appellee submitted a preliminary site plan for lots one and four. The preliminary site plan for lot one shows one 8,000 sq. ft. office building and 36 parking spaces. On June 12, 1984, the Plan Board granted approval of the preliminary site plan for lot one, but limited the number of parking spaces to the minimum required, twenty.

The preliminary site plan for lot four submitted on May 17, 1984, reflects two one-story office buildings of 15,000 sq. ft. each, and one two-story office building of 30,000 sq. ft. The parties' briefs indicate that the Department of Community Development informed appellee that it would recommend to the Plan Board the denial of the preliminary site plan for lot four, because the ground floor area of each of the three buildings exceeded 10,000 sq. ft. On June 4, 1984, before the Plan Board reviewed the preliminary site plan for lot four, appellee withdrew it from further consideration.

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Bluebook (online)
480 So. 2d 1344, 10 Fla. L. Weekly 2693, 1985 Fla. App. LEXIS 21665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-gainesville-v-republic-inv-corp-fladistctapp-1985.