THE SENGRA CORPORATION, A FLORIDA CORPORATION, REPUBLIC HEALTH CORPORATION, A DELAWARE CORPORATION, AND ROBERT A. SCHATZMAN AND JUSTIN P. HAVEE, AS CO-TRUSTEES OF KING MEMORIAL HOSPITAL, INC., PETITIONERS,
v.
METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND PALM SPRINGS GENERAL HOSPITAL, RESPONDENTS
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The court held that the petitioners failed to demonstrate the unreasonableness of the existing zoning classification, and consistency with the comprehensive development master plan is a valid basis for denial.
Sengra Corporation applied to rezone land for a hospital, but the Board of County Commissioners denied the request, citing conflict with the developme…
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PER CURIAM.
Sengra Corporation submitted an application for rezoning of its 12.3 acre site in Miami Lakes from IU-C (Industrial Use Conditional) to RU-4A (Hotel Apartment House District) so that it could construct a 126-bed hospital. The Board of County Commissioners adopted a resolution denying the request, stating “that the [requested] rezoning would be in conflict with the principles and intent of the plan for the development of Dade County, Florida.” The Planning Department’s recommendation to deny rezoning was based primarily on two findings: (1) no demonstrated need for a new hospital in Dade County; and (2) concern expressed by the Aviation Department that aircraft noises from the nearby airport would have an adverse impact on the hospital.
The appellate division of the circuit court affirmed the denial without an opinion. Certiorari is brought to review the circuit court’s per curiam affirmance.
Petitioners have not met their burden of showing that the reasonableness of the existing zoning classification is not fairly debatable. Broward County v. Capeletti Brothers, Inc., 375 So. 2d 313 (Fla. 4th DCA 1979), cert. denied, 385 So. 2d 755 (Fla.1980). That the requested rezoning is not consistent with a comprehensive development master plan was a valid basis for denying the request. Id. at 316; Wald Corp. v. Metropolitan Dade County, 338 So. 2d 863, 868 (Fla. 3d DCA 1976), cert. denied, 348 So. 2d 955 (Fla.1977).
Certiorari denied.
Cases With Similar Vibessemantic neighbors from the corpus
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MacHado v. Musgrove, 519 So. 2d 629 (Fla. 3d DCA 1987)…ailure to comply with the plan’s mandatory procedures, Hillsborough County v. Putney, 495 So. 2d 224 (Fla. 2d DCA 1986), the requested rezoning will be denied as inconsistent with the comprehensive plan. In Sengra Corp. v. Metropolitan Dade County, 476 So. 2d 298 (Fla. 3d DCA 1985), we held that a grant of zoning for a use not consistent with the comprehensive land use plan was invalid, implicitly rejecting the notion that the statutes permitted a reviewing court to further consider the extent and degree of…
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ST. Johns Cnty. v. Owings, 554 So. 2d 535 (Fla. 5th DCA 1989)…th a comprehensive plan adopted by a county or city alone is a sufficient basis to deny the requested rezoning. Machado v. Musgrove, 519 So. 2d 629 (Fla. 3d DCA 1987), rev. denied, 529 So. 2d 694 (Fla.1988); Sengra Corp. v. Metropolitan Dade County, 476 So. 2d 298 (Fla. 3d DCA 1985); City of Cape Canaveral v. Mosher, 467 So. 2d 468 (Fla. 5th DCA 1985) (Cowart, J., concurring). Thus, the proper interpretation of St. Johns County’s Comprehensive Plan was a crucial issue in this case. The trial court read the C…
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Hillsborough Cnty. v. Putney, 495 So. 2d 224 (Fla. 2d DCA 1986)…Pursuant to the provisions of part II, chapter 163, Florida Statutes (1985), the [*226] Board is authorized to disapprove any rezoning application that does not comply with the comprehensive plan. See also, Sengra Corp. v. Metropolitan Dade County, 476 So. 2d 298 (Fla. 3d DCA 1985) (inconsistency with the comprehensive development master plan was a valid basis for denying rezoning request); Alachua County v. Eagle’s Nest Farms, Inc., 473 So. 2d 257 (Fla. 1st DCA 1985), review denied, 486 So. 2d 595 (Fla.1986…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Broward Cnty. v. Capeletti Bros., Inc., 375 So. 2d 313 (Fla. 4th DCA 1979)
- Wald Corp. v. Metro. Dade Cnty., 338 So. 2d 863 (Fla. 3d DCA 1976)