MICHAEL MCGAW, ET AL., PETITIONERS,
v.
METROPOLITAN DADE COUNTY, ET AL., RESPONDENTS
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The court granted certiorari and quashed the county commission's rezoning decision because the applicant failed to meet the strict scrutiny standard by providing competent and substantial evidence that the rezoning conformed to the comprehensive land use plan, particularly without a required neighborhood area study.
A rezoning decision must be supported by competent and substantial evidence showing conformity with the comprehensive land use plan under strict scrutiny, and a neighborhood area study is a critical element of that plan.
[1] A rezoning applicant bears the burden of proving by competent and substantial evidence that the proposed rezoning conforms to the comprehensive land use plan under strict…
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Join FLexlaw to unlock all legal intelligence“A neighborhood area study is a critical element of Dade County's land use plan.”
The court explained that without such a study, there are no legislative standards indicating the type and number of nonresidential uses allowed in a residential zone.
The Dade County Commission rezoned a 4.825-acre parcel from residential to commercial office use, contrary to the Planning Director's recommendation a…
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BASKIN, Judge.
Petitioner Michael McGaw urges this court to issue its writ of certiorari directing the circuit court to reverse the decision of the Dade County Commission [Commission]. In contravention of the Planning Director’s recommendation, the Commission rezoned1 to commercial office use a 4.825 acre parcel designated in the master plan as residential.
Whether a proposed development project is consistent with a local comprehensive land use plan and all of its elements is tested on review by a standard of strict scrutiny; the burden is on the applicant for rezoning to show by competent and substantial evidence that the requested rezoning conforms to the legislative plan.
Machado v. Musgrove, 519 So. 2d 629, 635 (Fla. 3d DCA 1987). We grant the petition for certiorari because the respondents have failed to carry this burden. “A neighborhood area study is a critical element of Dade County’s land use plan_” Machado, 519 So. 2d at 635. Without it there are no legislative standards indicating the type and number of nonresidential uses allowed in a residential zone. Machado, 519 So. 2d at 635. Here, the absence of such a neighborhood study mandates the granting of the petition.
Decision quashed; certiorari granted.
. Resolution no. 7-88-87.