Opinion
Case No. 3D03-2437.
Opinion filed February 22, 2006.
An Appeal from the Circuit Court for Miami-Dade County, Roberto M. Pineiro, Judge, Lower Tribunal Case No. 99-13642 CA22.
Richman Greer Weil Brumbaugh Mirabito Christensen and Gerald F. Richman and Laline Concepcion-Veloso and Michael J. Napoleone for appellant.
Stearns Weaver Miller Weissler Alhadeff Sitterson and Eugene E. Stearns and Ana Barnett and Kelly R. Melchiondo; Greenberg Traurig and Clifford A. Schulman; Zuckerman Spaeder and Ronald B. Ravikoff and Steven J. Wisotsky and Jennifer R. Coberly; Johnson, Anselmo, Murdoch, Burke, Piper McDuff and Michael T. Burke and Jonathan F. Claussen (Ft. Lauderdale) for appellees.
Before GREEN, FLETCHER, and RAMIREZ, JJ.
Turnberry Isle Condominium Association, Inc. [Association] challenges the commercial use by Florida Pritikin Center, Inc. [Pritikin] of property which is part of a luxury residential development. We reverse the trial court's decision which determined that Pritikin's use of the property is a proper use pursuant to the City's zoning ordinances.
The Turnberry Isle Yacht and Racquet Club complex includes,inter alia, the Association's Condominium (and three other condominium buildings), the private Turnberry Isle Club, swimming pool facilities, a health club, restaurants, spa, tennis courts, a marina, a fifty (50) room hotel and a twenty (20) room hotel. The property was zoned by Dade County in two basic categories, RU-4A and BU-2, prior to the creation of the City of Aventura. After the City's creation, the City's zoning on the property is functionally the same as the County's zoning.
A number of other zoning actions were also taken (such as the granting of variances).
The deposition of Reginald Walters, the County's planning director at the time of the County's rezoning, as well as other documents, including the County's original zoning resolutions, make it clear that the principal use of the Turnberry development, including the Association's property, is as a luxury, multi-family, planned residential community served by various accessory (or ancillary) uses. Thus the luxury residential units comprise the principal use, and any additional uses on the property must be ancillary to (or accessory to) the principal use. That is to say, any use on the subject property must benefit the property residents and not be available to the general public at large.
An ancillary (or accessory) use is one which is incidental or subordinate to the principal use of the property. Zalarick v. Monroe County, 467 So. 2d 1088 (Fla. 3d DCA 1985).
Pritikin is operating on the Turnberry property adjacent to the Association's residences, "Pritikin Longevity Center" or centers, including a medical group, all of which principally (if not solely) serve the general public. They are not subordinate to, nor incidental to, the principal use, the luxury Turnberry development. Pritikin's uses are thus illegal. Consequently the decision below is reversed, with instructions to the trial court to compel the termination of the illegal uses.
Reversed and remanded with instructions.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.