Watson v. Mayflower Property, Inc.

223 So. 2d 368
CourtDistrict Court of Appeal of Florida
DecidedApril 22, 1969
Docket1980
StatusPublished
Cited by15 cases

This text of 223 So. 2d 368 (Watson v. Mayflower Property, Inc.) 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
Watson v. Mayflower Property, Inc., 223 So. 2d 368 (Fla. Ct. App. 1969).

Opinion

223 So.2d 368 (1969)

Welcom H. WATSON and City of Fort Lauderdale, Appellants,
v.
MAYFLOWER PROPERTY, INC., a New Jersey Corporation Authorized to Do Business in the State of Florida, Appellee.

No. 1980.

District Court of Appeal of Florida. Fourth District.

April 22, 1969.
Rehearing Denied June 23, 1969.

*369 Donald H. Norman, of Ross, Norman & Cory, Fort Lauderdale, for appellant Watson.

Ronald B. Sladon, Dean Andrews and Elwood Obrig, Fort Lauderdale, for appellant city.

Martin F. Avery, Jr., of Berryhill Avery & Law, Fort Lauderdale, for appellee.

REED, Judge.

This litigation began in 1960 when the plaintiff, Mayflower Property, Inc., filed a suit in equity in the Circuit Court for Broward County, Florida, against the City of Fort Lauderdale to test the validity of a zoning ordinance of the city which imposed the classification of R-1-A (single family residential) on the plaintiff's property. Owners of property in the vicinity of the plaintiff's land were permitted to intervene. The intervenors and the city will be referred to herein as "defendants". The plaintiff's complaint in essence demanded that *370 the trial court declare the R-1-A zoning classification invalid as it applied to the plaintiff's property and enjoin enforcement of the R-1-A zoning ordinance against such property.

The defendants filed answers and the cause came on for trial in April 1964.[1] On 30 April 1964 the trial court entered a final decree in the cause which held:

"ORDERED, ADJUDGED And DECREED that the zoning which classifies the tract as R-1-A, restricting its use to single family dwellings, is arbitrary and unreasonable, has no substantial relation to the public health, safety, or general welfare, and is unconstitutional and void insofar as it applies to plaintiff's land."

The final decree was appealed to the Second District Court of Appeal and affirmed. Watson v. Mayflower Property, Inc., Fla.App. 1965, 177 So.2d 355. Certiorari was denied by the Florida Supreme Court, Watson v. Mayflower Property, Inc., Fla. 1965, 183 So.2d 215.

After the petition for the writ of certiorari was denied, the plaintiff applied to the City of Fort Lauderdale to have its property rezoned to the classification "R-4." The City of Fort Lauderdale rezoned the property not to R-4 but to "R-3-A". The plaintiff, being dissatisfied with the R-3-A zoning classification given his property, filed in the same circuit court proceeding a "Motion for Summary Post-Decretal Relief". This motion recited that the R-3-A zoning violated the final decree of 30 April 1964 and requested an order compelling, "the Defendant City of Fort Lauderdale, to re-zone Plaintiff's property R-4, which zoning classification was clearly demonstrated at the Final Hearing herein as being compatible with the findings of fact and conclusions of law, as enunciated in the Final Decree."

The defendants filed answers asserting that the R-3-A zoning classification was valid and not in violation of the final decree of 30 April 1964 or in violation of the plaintiff's constitutional rights.

The issues made by the motion for summary post-decretal relief and the answers were heard by the same trial judge. Evidence was presented. Based thereon the trial judge entered an order on 9 November 1967 pertinent parts of which are as follows:

"ORDER
"* * *
"In the final decree [that of 30 April 1964] it was found among other things that the highest and best use for the property was for hotels and apartments.
"* * *
"The evidence offered by the defendants failed to show that the R-3-A zoning had a substantial relationship to public health, safety, morals and general welfare, and supplemental relief therefore will be granted.
"Defendants' strongest showing was that traffic conditions would be increased however this is a matter that should be resolved by the City. The city planning director testified that, as to the area involved, the City's present plan was `totally inadequate'; that except for the existing plan for state road A1A there were no additional plans, other than the present street system.
"* * *
"It is, therefore
"ADJUDGED that the City Commission of the City of Fort Lauderdale rezone plaintiff's property in such a manner as will permit its use for hotels and apartments, height unlimited, such as R-4." (Emphasis added.)

It is from this order that the present appeal has been taken by the defendants.

The following statement of facts is taken from the evidence which was presented *371 to the trial court at the time of the hearing on the plaintiff's motion for summary post-decretal relief. The real property which is the subject matter of this action is located in the City of Fort Lauderdale. It has a thousand foot frontage on the Atlantic Ocean and is approximately 450 feet in width. On the west side of the property is Mayan Lake. Along the west boundary of Mayan Lake is a residential area containing single family dwellings in a subdivision known as Harbor Beach. Mayan Lake is about 200 feet wide and separates the plaintiff's property from the Harbor Beach Subdivision.

The surrounding zoning was described in the minutes of the planning and zoning board of the City of Fort Lauderdale which met to consider the plaintiff's application for R-4 zoning. The following is a quote from those minutes:

"Surrounding Area
Zoning: From the Port Everglades Inlet to this property there is approximately 2,000 feet of R-4 zoning, then this property unzoned and formerly R-1-A is 1,000 feet long, to the north is about 1,200 feet more of R-1-A, then 700 feet of R-4, and then about 2,800 feet of Bahia Mar or South Beach Park, unzoned. No more private land abuts the beach until just south of Sunrise Blvd., which is zoned S-1. The next R-4 begins a mile north of Sunrise Blvd. West of Mayan Lake the area is zoned R-1-A."

There are four multiple family zoning classifications in the City of Fort Lauderdale: R-4; R-3; R-3-A; and R-3-C. The characteristics of the classifications are as follows:

1. R-4. This permits hotels, motels, rooming houses, schools, private clubs, hospitals and many accessory uses such as bars and night clubs. There is essentially no limit on the height of buildings or on the dwelling unit density, that is, the number of dwelling units that may be built per net acre.
2. R-3. This classification permits apartments and multiple family dwellings. The height of buildings is limited to one hundred feet and the dwelling unit density is limited to 72 units per net acre for two bedroom apartments, 79 units for one bedroom apartments and 97 units for efficiency apartments.
3. R-3-A. This permits multiple family buildings and apartment houses, but imposes a height limit of 35 feet and a density limit of 36 dwellings per net acre.
4. R-3-C. This permits multiple family dwelling units with a height limit of 100 feet. Under this classification, plans for the development must be approved by the Planning and Zoning Board of the City of Fort Lauderdale.

Section 326(a) of the charter of the City of Fort Lauderdale (Special Acts of 1957, Chapter 57-1322) provides that applications for rezoning must be submitted to the planning and zoning board of the City of Fort Lauderdale.

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223 So. 2d 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/watson-v-mayflower-property-inc-fladistctapp-1969.