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Home My WebLink AboutSubmittal-Paul Savage-Property Appraiser Summary ReportsCity of Miami City Commission Planning and Zoning Thursday, June 25, 2015 PZ 12 and 13 Address Folio No. Lot Size per Property Appraiser 53 NE 41 ST 01-3124-024-1320 5,250 Sq. Ft 61 NE 41 ST 01-3124-024-1330 7,875 Sq. Ft 50 NE 42 ST 01-3124-024-1220 5,000 Sq. Ft 58 NE 42 ST 01-3124-024-1210 5,000 Sq. Ft 68 NE 42 ST 01-3124-024-1200 5,000 Sq. Ft TOTAL 28,125 Sq. Ft Submitted into the public record for item(s) R7 -4I wci,?7 • L3 on Up, as- a0Ic. City Clerk u�4o�� 7 �sbMItt6l -- On01 Sol o k— P(opetfy Apo10Iset sommoly &25/2015 Proll Search AcOication - Miami -Dade County numc nr r THE PROPERTY A Summary Report Property Information Folio: 101-3124-024-1320 2014 Property Address: 53 NE 41 ST Owner INSTITUTE OF CONTEMPORARY ART MIAMI INC Mailing Address 4040 NE 2 AVE #200 MIAMI . FL 33137 Primary Zone 4801 RESIDENT IAL.LIMITED RETAI Primary Land Use 1081 VACANT LAND - COMMERCIAL: VACANT LAND Beds I Baths I Half 0/0/0 Floors 0 Living Units 0 _- Actual Area 0 Sq.Ft Living Area 0 Sq.Ft Adjusted Area 10Sq� Ft Lot Size S378,000 Year Built 0 Assessment Information Year 2014 2013 2012 Land Value $472,500 S378,000 5378,000 Building Value SO SO SO XF Value SO SO SO Market Value 5472,500 5378,000 5378.000 Assessed Value $472,5001 S378,0001 $378,000 Benefits Information Benefit Type 20141 20131 2012 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 24 5341 BILTMORE SUB PB 6-67 LOT 19 BLK 8 LOT SIZE 50.000 X 105 OR 20745-4755 1002 2 (2) Generated On : 6/25/2015 'rr tt r, I 201,4 Aerial Phoin7�p Pit Taxable Value Information Previous 2014 20131 2012 County Exemption Value 50 SO SO Taxable Value $472,5001 S378,000 5378,000 School Board Exemption Value SO SO SO Taxable Value $472,500 5378.000 $378.000 City Exemption Value SO $0 SO Taxable Value $472,500 S378,000 $378,000 Regional Exemption Value SO SO $0 Taxable Value $472,5001 $378.0001 78,000 Sales Information Previous Price OR Book- Qualification Description Sale Page Corrective, tax or QCD; min 12/18/2014 $100 29443-0295 consideration Corrective, tax or QCD; min 07/25/2013 5100 28746-3748 consideration Not exposed to open -market: atypical 01/17!2012 $1,000,000 27965-1287 motivation Qual by verifiable & documented 01101/2005 $1,900,000 23001-0117 evidence The Office of the Property Appraisers continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and fAiaml-Dade County assumes no liability. see full disclaimer and User Agreement at http://,,A.Av.miarnidade.gov/info/disclaimer.asp Version Submitted into the public record for item(s) on c City Clerk 6/25/2015 Property Search Application - Miami -Dade County s �APPRAISERRPERTY Summary Report Property Information Folio: 01-3124-024-1330 61 NE 41 ST Property Address: Owner INSTITUTE OF CONTEMPORARY ART MIAMI INC Mailing Address 4040 NE 2 AVE #200 MIAMI , FL 33137 Primary Zone —4801 RESIDENTIAL -LIMITED RETAI Primary Land Use Beds / Baths ! Half 1081 VACANT LAND - COMMERCIAL VACANT LAND 0/010 0 0 0 Sq.Ft 0 Sq.Ft Floors Living Units Actual Area Living Area Adjusted Area 0 Sq.Ft — — Lot Size 7,675 Sq.Ft Year Built 10 Assessment Information Year 2014 2013 2012 Land Value S708,750 $567,000 $567,000 Building Value SO 50 SO XF Value Market Value Assessed Value SO 50 SO 5567,000 I 5708,750 $567,000 $708,750 5567,000 5567,000 Benefits Information Benefit (Type 2014 20131 2012 Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description BILTMORE SUB PB 6-67 LOT 20 & W1/2 OF LOT 21 BLK 8 LOT SIZE 75.000 X 105 OR 20745-4755 1002 2 (2) Generated On : 6/2512015 Taxable Value Information Sales Information Previous Price 2014 2013 2012 County Page Exemption Value SO SO SO Taxable Value $708,750 $567,000 5567,000 School Board consideration Exemption Value SO $0 SO Taxable Value 5708,750 S567,000 $567,000 City 27965-1287 Not exposed to open -market: atypical motivation 01/01/2005 Exemption Value SO SO 50 Taxable Value S708,750 S567,000 5567,000 Regional Exemption Value SO so so Taxable Value $708,750 $567,000 5567,000 The Office of the Properly Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govfinfoldisclaimer.asp Version: Submitted into the public record for it mW 2 I � uI on City Clerk Sales Information Previous Price OR Book- Qualification Description Sale Page Corrective, tax or QCD; min 12/18/2014 5100 29443-0295 consideration Corrective, tax or QCD; min 07/25/2013 S100 28746-3748 consideration 01/17/2012 $1.000,000 27965-1287 Not exposed to open -market: atypical motivation 01/01/2005 51,900.000 23001-0117 Qual by verifiable & documented evidence The Office of the Properly Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.govfinfoldisclaimer.asp Version: Submitted into the public record for it mW 2 I � uI on City Clerk 612512015 Prooerty SearchApolication- Miami -Dade County :..,PROPERTY APPRAISER QFFICE 0FH Summary Report Property Information Folio: Property Address: Owner Mailing Address 01-3124,024-1220 50 NE 42 ST 52 NE 42 ST INSTITUE OF COMTEMPORARY ART MIAMI INC 4040 NE 2 AVE STE 407 MIAMI, FL 33137 Primary Zone 0104 SINGLE FAM - ANCILIARY UNIT Primary Land Use 0802 MULTIFAMILY 2-9 UNITS: 2 LIVING UNITS Beds / Baths / Half 41210 Floors 1 Living Units 2 Actual Area 1,870 Sq.Ft Living Area 1,764 Sq.Ft Adjusted Area 1,811 Sq.Ft Lot Size 5,000 Sq.Ft Year Built 11964 Assessment Information Year 2015 2014 2013 Land Value 5182,328 S120,132 $47,712 Building Value S113,006 577,463 $111,576 XF Value S1,032 $1,044 $1,056 Market Value $296,366 $198,639 5160,344 Assessed Value S296,3661 $169,563 $160,344 Benefits Information Benefit Save Our Homes Cap Type 2015 2014 2013 $17,946 Assessment Reduction Taxable Value Non -Homestead Cap Assessment Reduction Exemption Value $11,130 Homestead Exemption S296,366 5155,693 $25,000 525,000 Second Homestead Exemption SO $25,000 $25,000 Note. Not all benefits are applicable to all Taxable Values (i.e. County, School Board, City, Regional). Short Legal Description 24-53.41 BILTMORE SUB PB 6-67 LOT 6 BILK 8 LOT SIZE SITE VALUE OR 17488-3028 1195 4 Generated On: 6/25/2015 Taxable Value Information 2015 2014 2013 County Exemption Value SO 550.000 550,000 Taxable Value $296,3661 5119,563 S110,344 School Board Exemption Value SO $25,000 525,000 Taxable Value S296,366 5155,693 S135,344 City Exemption Value SO S50,000 $50,000 Taxable Value S296,3661 $119,563 $110,344 Regional Exemption Value SO S50,000 S50,000 Taxable Value $296,3661 $119.563 5110.344 Sales Information Previous Price OR Book - Qualification Description Sale Page Corrective, tax or QCD: min 01!09/2015 $10U 29463-0460 consideration 01/09/2015 S950.000 29461-0033 Qual by exam of deed 11/01/1995 $01 17488-3028 Qual by exam of deed 2008 and prior year sales; Qual by exam 08/0111995 $44,000 16898-1982 of deed The Office of the Property Appraisers continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://mvw.miamidade.gov/info/disclaimer,asp ^ Version Submitted into the public ; record for item(s) 1a,1 L t 1aI on _ City Clerk 612542015 Property Search Apdiication- Miami -Dade Countv nr THE PROPERTY APPRAISER Summary Report Property Information Folio: 01-3124-024-1210 Property Address: 58 NE 42 ST Owner INSTITUE OF CONTEMPORARY ART MIAMI INC Mailing Address 4040 NE 2 AVE #SUITE 200 MIAMI , FL 33137 Primary Zone 0104 SINGLE FAM - ANCILIARY UNIT Primary Land Use 0802 MULTIFAMILY 2-9 UNITS: 2 LIVING UNITS Beds / Baths / Half 4/2/0 Floors 2 Living Units 2 Actual Area 2,512 Sq Ft Living Area 2.512 Sq -Ft Adjusted Area 2,301 Sq -Ft 5,000 Sq.FI Lot Size Year Built 1939 Assessment Information Year j 2015 2014 2013 Land Value $182,500 5120,000 $47,500 Building Value $143,582 597,608 $139,441 XF Value $344 $348 S352 Market Value $326,426 $217,956 $187,293 $128,114 Assessed Value $326,426 $137,9951 Generated On: 6/25/2015 Benefits Information Benefit Type 2015 2014 2013 Save Our Homes Cap Assessment Reduction SO $73,993 559,179 Non -Homestead Cap Assessment Reduction $87,995 $5,968 School Board Homestead Exemption 5600,000 $25,000 $25,000 Second Homestead Exemption Taxable Value 525,000 525,000 Note: Not all benefits are applicable to all Taxable Values (i.e. County. School Board, City, Regional). Short Legal Description BILTMORE SUB PB 6-67 LOT 5 BILK 8 LOT SIZE SITE VALUE OR 13227-581 0387 1 The Office of the Property Appraiser is continually editing and updating the tax (oll. This website may not reflect the most current information on record. The Property Appraiser and Miami -Dade County assumes no liability, see full disclaimer and User Agreement at http://vA%v.miamidade.govrinfoldisclain)er.asp Version Submitted into the public retard for item(s) P?epi.►% on 1 City Clerk Taxable Value Information Previous Price County 2015 2014 2013 _ Exemption ��lue SO $50,000 $50,000 Taxable Value S326,426 $87,995 $78,114 School Board organization 11/14/2014 5600,000 Exemption Value SO S25,000 S25.000 Taxable Value S326,4261 $118,9631 $103,114 City of deed Exemption Value SO 550,000 $50,000 Taxable Value $326,4261 S87,9951. 578,114 Regional Exemption value SO S50,000 0,000 Taxable Value $326,426 587,995 !S78,114 Sales Information Previous Price OR Book- Qualification Description Sale Page Religious, charitable or benevolent 11/24/2014 $100 29445-0511 organization 11/14/2014 5600,000 29396-3633 Qual by exam of deed 2008 and prior year sates: Qual by exam 03101/1987 $45,000 13227-581 of deed 6125/2015 Prooeriy Search Apolication - Miami -Dade County e APPRAISER RF_ I r _�PROPERTY moi. j.lb ` Summary Report Property Information Folio: 01-3124-024-1200 2014 68 NE 42 ST Property Address: $182,328 S120,132 70 NE 42 ST Building Value INSTITUTE OF CONTEMPORARY Owner ART MIAMI INC XF Value 4040 NE 2 AVE STE 200 Mailing Address MIAMI , FL 33137 - -_I SINGLE FAM - ANCILIARY Primary Zone 10104 UNIT Assessed Value 0802 MULTIFAMILY 2-9 UNITS 2 Primary Land Use 1LIVILIVING UNITS Beds / Baths I Half 5/3/0 1 Floors Living Units 2 Actual Area 2,010 Sq.Ft Living Area 1,898 Sq.Ft Adjusted Area 1,926 Sq.Ft Lot Size 5,000 Sq.Ft 1975 Year Built Assessment Information Year 2015 2014 2013 Land Value $182,328 S120,132 $47,712 Building Value $131,199 $89,871 $129,360 XF Value $343 5348 5352 Market Value $313,870 $210,351 $177,424 Assessed Value 5313,870 $187,625 $177,424 Benefits Information Benefit Type 2015 2014 2013 Save Our Homes Cap Assessment Reduction $15,134 Non -Homestead Cap Assessment Reduction 550,000 $7,592 Taxable Valhie Homestead Exemption S127.424 $25,000 $25,000 $25,000 $25,000 Second Homestead Exemption Note: Not all benefits are applicable to all Taxable Values (i.e. County, School Board. City. Regional). Short Legal Description BILTMORE SUB PB 6 67 LOT 4 BLK 8 LOT SIZE SITE VALUE OR 15053-3188 24828-0027 0391 1 Generated On : 6/25/2015 Taxable Value Information Previous Price OR Book - 2015 2014 2013 County Exemption Value SO 550,000 550,000 Taxable Valhie 5313.870 S137,625 S127.424 School Board organization Exemption Value SO S25,000 525,000 Taxable Value 5313,870 5170,217 $152,424 City of deed 04/01/1989 SO Exemption Value SO S50,000 $50,000 Taxable Value $313.870 $137,625 $127,424 Regional 2008 and prior year sales: Qual by exam 10/01/1976 $56,000 Exemption Value SO $50,000 $50.000 Taxable Value $313,870 $137,6251 S127,424 Sales Information Previous Price OR Book - Qualification Description Sale Pa9e Religious, charitable or benevolent 12/05/2014 5700,000 29429-0390 organization 2008 and prior year sales; Qua] by exam 03/01/1991 $45,000 15053-3188 of deed 04/01/1989 SO 00000- Qual by exam of deed 00000 2008 and prior year sales: Qual by exam 10/01/1976 $56,000 09479-0979 of deed The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property Appraiser and hUami-Dade County assumes no liability, see full disclaimer and User Agreement at htlp://wvnv.miamidade.goWinfo/disclairmer.asp Version Submitted into the public record for item(s) Z 1 on City Clerk u LOT 7. BLOCK 8 j i i I r m� > I I 1N ^ --------_ 1 ______________L______-___--__-_-__- _____� I ' 1 1 1 I 1 Z I1 1 •. 1 1 1 • -' N.E. Ist AVENUE ffo m�m � $x o Ci ? � n v LSI a Submitted into the public s record for item(s) Ally on City Clerk �W s� Z EFi1L ; INSTITUTE OF CONTEMPORARY ART MUSEUM - �If d s 4 MIAMI • �=�i�! 61 MIAMI,, FL33137� INIlZ3% ' Q�� p� MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 7.1.2.8 Amendment to Miami 21 Code a. Successional Zoning. The City's growth and evolution over time will inevitably require changes to the boundaries of certain Transect Zones. These changes shall occur successionally, in which the zoning change may be made only to a lesser Transect Zone; within the same Transect Zone to a greater or lesser intensity; or to the next higher Transect Zone, or through a Special Area Plan. All changes shall maintain the goals of this Code to preserve Neighborhoods and to provide transitions in Intensity, Density, Building Height and Scale. 1. When a CI zoned property ceases to be used for Civic functions, the successional rezoning is determined by identifying the lowest Intensity Abutting Transect Zone, and rezoning to that Zone's next higher Intensity Zone. 2. For a property of nine (9) acres or more, a successional change shall require a Special Area Plan as described in Article 3. 3. For all successional zoning changes of less than nine (9) acres, refer to the table below. TRANSECT ZONE FLR SUCCESSIONAL ZONE FLR T1 T1 -- T2 -- N/A -- T3 -- T4, Cl -- T4 T5, Cl T5 -- T6-8, Cl 6 T6-8 5 T6-12. CI 8 T6-12 8 T6 -24a, Cl 7 T6 -24a 7 T6 -24b, CI 16 T6 -24b 16 T6 -36a, Cl 12 T6 -36a 12 T6 -60a, Cl 11 T6 -48a 11 T6 -60a, Cl 11 T6 -60a 11 T6 -60b, Cl 18 T6 -48b 18 T6 -60b, CI 18 T6 -36b 22 T6 -60b, Cl 18 T6 -60b 18 N/A, Ci T6-80 24 N/A, Cl CI - Abutting Zones CI -HD 8 T6-24 7 D1 -- T6-8', T5, CI, D2 5 (T6-8)' or — all others D2 -- D1, CI — D3 -- T6 -8L, T6-8 O, Cl Submitted into the public record for items) on r City Clerk MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 The Planning Department shall make a recommendation as to which Transect Zone will yield the most coherent pattern given the established zoning pattern and context in the immediate vicinity. b. The Miami 21 Code may be amended by amending the Miami 21 Atlas or by amending the text of this Code. 1. Miami 21 Atlas amendments (also referred to as a "rezoning", including Special Area Plans) may only be applied for at two times of the year, which times shall be set yearly by the City Commission. A rezoning to a CS Transect Zone, and any rezoning initiated by the City shall be exempt from the twice yearly schedule. The Planning, Zoning and Appeals Board shall make recommendations to the City Commission for such amendments to the Miami 21 Code. 2. Every two years, the City may conduct a comprehensive review of the Miami 21 Atlas to evaluate the development direction of the City's neighborhoods and determine if additional amendments are appropriate. 3. Amendments to the text of the Miami 21 Code (including tables and diagrams) may be made only upon application of a city official and may be considered at any time during the year. c. Applications for rezoning C iami 21 Atlas amendment). _ 1. Except where the proposal for the rezoning of property involves an extension of an existing Transect boundar�/,no rezoning of land shall be considered which involves less than forty thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one (1) streets Applications for rezoning may be made by: (a) The City Commission; (b) The Planning, Zoning and Appeals Board; (c) Any other department, board or agency of the City; (d) Any person or entity other than those listed in (a) through (c), above, provided that only the owner(s) or their agent(s) may apply for the rezoning of property. 2. Applications for rezoning made pursuant to (d) above shall be made on an application form as provided by the City which shall require, at a minimum, the following information: (a) Location of the property, including address and legal description (b) Survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application, including acreage. (c) Affidavit and disclosure of ownership of all owners and contract purchasers of the property, including recorded warranty deed and tax forms of the most current year. For corpora- tions and partnerships, include articles of incorporation, certificate of good standing, and authority of the person signing the application. Non-profit organizations shall list members of the Board of Directors for the past year. (d) Certified list of owners of real estate within five hundred (500) feet of the subject property. (e) Present zoning of the property and Future Land Use designation of the property. (f) At least two photographs that show the entire property. (g) An analysis of the properties within a one-half mile radius of the subject property regarding the existing condition of the radius properties and the current zoning and Future Land Use designations of the radius properties. The analysis shall include photos of Building eleva- Submitted into the public record for item(s) . on I City Clerk „it on 9l MIAMI 21 ARTICLE 7. PROCEDURES AND NONCONFORMITIES AS ADOPTED - MAY 2015 tions of both sides of the street extending three hundred (300) feet beyond all boundaries of the site. An aerial photo of the site and the radius properties shall be included. The analysis shall explain why the zoning change is appropriate and why the existing zoning is inappropriate, in light of the intent of the Miami 21 Code and particularly in relation to effects on adjoining properties. d. Review of application for code amendments by Planning Director. The Planning Director shall review each application for a code amendment and provide a recommendation and a statement in regard to how each of the criteria of this Code is met or not met. In the case of rezonings, the Director shall additionally review the application in regard to whether the land Use densities and intensities are compatible with and further the objectives, policies and land Uses in the Comprehensive Plan, and whether the criteria in 7.1.2.8.f are met. 2. A non -City applicant for rezoning shall obtain a Zoning Referral by the Zoning Administrator, and meet with the Planning Director and Zoning Administrator in a preapplication meeting prior to the applicant's submission of a preliminary application for rezoning. The Director shall review each preliminary application for rezoning for completeness. The Planning Director shall certify the preliminary application and his accompanying recommendations to be filed with the Office of Hearing Boards for consideration by the Planning, Zoning and Appeals Board. The applicant shall be responsible for filing the application with the Office of Hearing Boards. Upon filing with the Office of Hearing Boards, the application shall be placed on the agenda of the Planning, Zoning and Appeals Board. e. Review by the Planning, Zoning and Appeals Board. 1. Notice Formal public notice of hearing by the Planning, Zoning and Appeals Board of an application for a code amendment shall be issued in the following manner: The City shall notify all owners of property within 500 feet of the Property Line of the land for which the hearing is required, by certified mail, of the time and place of the rezoning hearing by the Planning, Zoning and Appeals Board at least ten days in advance of the hearing. In the case of condominiums within the notification area, only one notice, by certified mail, to the condominium association shall be sent. For the purpose of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of the City. The applicant shall provide the list of owners to the City at the time of the initial application. Additionally, the City shall notify all registered neighborhood and homeowner associations within the NET office that is applicable to applicant property and shall notify the NET office and the official representatives of such registered associations, by certified mail, of the re- zoning application. Neighborhood and homeowner associations who wish to receive such notice must register on an annual basis at their local NET offices. Notice of text amendments shall be as provided by Chapter 62 of the City Code and state law. Submitted into the public 1 O� record for, item(s) 21,11,4 Pt, on ��-�� -. City Clerk I j.� INSTITUTE OF CONTEMPORARY ART MUSEUM - MIAMI 61 N.E. 41stSTREET MIAMI, FL 33137 s �6t@Ee I I ,y j.� INSTITUTE OF CONTEMPORARY ART MUSEUM - MIAMI 61 N.E. 41stSTREET MIAMI, FL 33137 s �6t@Ee I I Submitted into the public record for item(s) '2_11� onS I City Clerk Bird -Kendall Homeowners Ass'n v. Metropolitan Dade County..., 695 So.2d 908 (1997) 22 Fla. L. Weekly D1536 695 So.2d 9o8 Robert A. Ginsburg, County Attorney and John McInnis, District Court of Appeal of Florida, Assistant County Attorney, for respondent. Third District. Before SCHWARTZ, C.J., and COPE and LEVY, JJ. BIRD-KENDALL HOMEOWNERS ASSOCIATION and Richard Still, Petitioners, V. METROPOLITAN DADE COUNTY BOARD OF COUN'T'Y COMMISSIONERS, Respondent. No. 97-321. 1 June 25, 1997. Homeowners association sought review of decision by county commissioners which rezoned 0.23 acre tract in neighborhood from agricultural use to business use so that owner could operate feed store. The Circuit Court, Dade County, Donner, Ramirez, and Miller, JJ., affirmed. On petition for writ of certiorari, the District Court of Appeal, Schwartz, C.J., held that rezoning constituted impermissible spot zoning. Certiorari granted and cause remanded. West Headnotes (1) 111 Zoning and Planning Agricultural uses, woodlands and rural zoning Rezoning of 0.23 acre tract in neighborhood from agricultural use to business use, so that owner could operate feed store, constituted impermissible spot zoning. 2 Cases that cite this headnote Attorneys and Law Firms *909 Shubin & Bass and Jeffrey S. Bass, Miami, for petitioners. Opinion SCHWARTZ, Chief Judge. The Dade County Commission rezoned a tiny, 0.23 acre tract in the middle of a West Dade area known as "Horse Country" from AU (Agricultural Use) to BU -3 (Business Use -3) solely and admittedly so the owner could operate a feed store -which is forbidden in an AU zone, but permitted (along with many other uses) in BU -3. No other BU zoning is anywhere close. On the face of it, the rezoning resolution embodies, to the nth degree, all the evils of spot zoning,' Parking Facilities, Inc. v. City of Miami Beach, 88 So.2d 141 (Fla.1956); Dade County v. Frohme, 489 So.2d 140 (Fla. 3d DCA 1986); see Debes v. City of Key West, 690 So.2d 700 (Fla. 3d DCA 1997)(reverse spot zoning), specific -use -oriented zoning, Debes, 690 So.2d at 700; see ABG Real Estate Dev. Co. v. St. Johns County, 608 So.2d 59 (Fla. 5th DCA 1992), cause dismissed, 613 So.2d 8 (Fla. 1993), and power -imposed zoning, Debes; Allapattah Community Assn v. City of Miami, 379 So.2d 387 (Fla. 3d DCA 1980), cert. denied, 386 So.2d 635 (Fla, 1980), which have been universally proscribed. The circuit court's affirmance' of that decision, which is *910 now under review, thus represents a fundamental departure from the controlling law resulting in a miscarriage of justice, and is therefore quashed. See Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla. 1995); Debes. The cause is remanded for the circuit court to reverse the resolution in question. Certiorari granted. Parallel Citations 22 Fla. L. Weekly D1536 Footnotes t The extent of the violation of this principle is so pronounced in this case that the term "spot zoning" does not do it justice. Perhaps "melanoma zoning" or, for short, "melazoning" would be more appropriate. b^,'�slla.vNext Cc? 2015 Thomson R@Uteis. No clams to origmal U S Government Works. 1 1 1� Submitted into the public record for item(s) pmt r,LI J? -Ll, on 2 City Clerk Bird -Kendall Homeowners Ass'n v. Metropolitan Dade County..., 695 So.2d 908 (1997) 22 Fla. L. Weekly D1536 The court's decision came only on rehearing granted after it had first reversed the resolution. The initial opinion by Judge Miller correctly states: Appellants, BIRD KENDALL HOMEOWNERS ASSOCIATION, INC., and RICHARD STILL, contend that the METRO DADE COUNTY BOARD OF COUNTY COMMISSIONERS, the Appellee, permitted illegal spot zoning and that its decision constituted unlawful contract zoning. We agree. This court's standard of review for zoning cases requires us to determine whether the Appellee accorded the appellants due process, observed the essential requirements of the law and supported its decision with substantial competent evidence. Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993). In Snyder, the Supreme Court adopted a strict scrutiny standard for quasi-judicial review of rezoning orders to determine whether the requested rezoning is consistent with the comprehensive development master plan and complies with all the procedural requirements of the zoning ordinance. Turning now to the central issue on appeal, we address whether appellees' actions constituted spot zoning. The definition of spot zoning is well established: Spot zoning is the name given to the piecemeal rezoning of small parcels of land to a greater density, leading to disharmony with the surrounding area. Spot zoning is usually thought of as giving preferential treatment to one parcel at the expense of the zoning scheme as a whole. Southwest Ranches Homeowners Assoc. v. Broward County, 502 So.2d 931, 935 (Fla. 4th DCA 1987). Further, the Third District Court of Appeal detailed spot zoning as: (A] rezoning which creates a small island of property with restrictions on its use different from that of surrounding properties -solely for the benefit of a particular property owner. City Commission of the City of Miami v. Woodlawn Park Cemetery Co., 553 So.2d 1227, 1240 (Fla. 3d DCA 1989). In characterizing the elements of spot zoning, a spot zoning challenge typically involves the examination of the following: 1) the size of the spot; 2) the compatibility with the surrounding area; 3) the benefit to the owner and 4) the detriment to the immediate neighborhood. Parking Facilities, Inc. v. City of Miami Beach, 88 So.2d 141 (Fla.1956) and Dade County v. Inversiones Rafamar S.A., 360 So•2d 1130 (Fla. 3d DCA 1978). This case involves a 4.24 acre parcel of land zoned AU which is smaller than the 5 acre gross area minimum required in an AU zone. Appellee rezoned .23 acres of the property or five percent of the property to a BU -3 classification permitting the operation of an animal feed supply business. Moreover, expert testimony confirmed that no other land in all of Horse Country is zoned BU -3. This would be the only BU -3 zoning in this two square mile area.... Not only would this zoning change have the effect of changing the AU zoning character of this entire neighborhood, but the only benefit that would arise from this change would inure solely to the owner.... This change would in turn hurt the rest of the residents and the essential nature of this two square mile area. Based on the evidence, it is clear that the changed zoning ... does not comply with established zoning law. Snyder at 475. Appellees' granting of Resolution 2-230-94 which permits commercial development in a residential community will lead only to the future disintegration of this area. End of Document Cu) 2015 Thomson Reuters. No claim to original U.S. Government Works. •tl.a::Next tr X015 Thomson R ug^rS. Nr7, Clann to ongetaI U S Government Works 2 �3