HomeMy WebLinkAboutR-94-0710J--94-632(a)
8/17/94
RESOLUTION NO. 5 4 _ 710
A RESOLUTION DENYING THE APPEAL, AFFIRMING
THE DECISION OF THE ZONING BOARD, AND
UPHOLDING THE ZONING ADMINISTRATOR'S
INTERPRETATION DATED MAY 26, 1994, WHICH
APPROVED AN AMUSEMENT CENTER USE FOR THE
PROPERTY LOCATED AT 2895 MCFARLANE ROAD,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), PURSUANT TO ZONING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, SECTION 602.4.1.1
THEREOF; ZONED SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT.
WHEREAS, the Miami Zoning Board, at its meeting of July 18,
1994, Item No. 9, adopted Resolution No. ZB 73-94 by a nine to
zero (9-0) vote, affirming the Zoning Administrator's
interpretation dated May 26, 1994, and denying the appeal whioh
was duly before said Board; and
WHEREAS, C000nut Grove residents have taken an appeal to the
City Commission from the Zoning Board's affirmation of the Zoning
Administrator's interpretation; and
WHEREAS, the City Commission, after oareful oonsideration of
this matter, hereby finds no basis for overturning the Zoning
Board's decision; and
WHEREAS, the City Commission adopts and i.noorporates the
findings of the Zoning Board as set forth in Resolution
No. ZB 73-94;
CITY COMMISSION
MEETLNG OF
SEP 2 2 1994
Resolution Nq.
94-- 710
4
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The decision of the Miami Zoning Board to
uphold the Zoning Administrator's interpretation dated May 26,
1994, which approved an amusement center use for the property
located at 2898 McFarlane Road, Miami, Florida, more particularly
described as Lot 2, CHARLES JOHN PEACOCK, as recorded in Plat
Book 6 at Page 32 of the Public Records of Dade County, Florida,
pursuant to Zoning Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Section 602.4.1.1 thereof, zoned
SD-2 Coconut Grove Central Commercial District, is hereby
affirmed, the appeal is hereby denied, and the Zoning
Administrator's decision is hereby upheld.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd day of September 1994.
Q
ATTES ST9PHEN P. CLAX, MAYOR
MATTY IRAI, CITY CLERK
94- 710
PREPARED AND APPROVED BY:
4,AIIIA.AA
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
GMM/ms/M4510
APPROVED AS TO FORM AND
CORRECTNESS:
" "I !e. .f ,
o
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A. QjirINN j0pWSr III
CITY ATT EY
-3- �` 710
r
LOCATION/LEGAL
APPLICANT/OWNER
ZONING
ZONING FACT SHEET 'PZM 7
2895 McFarlane Road
Lot 2, CHARLES JOHN PEACOCK (6-32) PRDC.
T.S.T. Florida Partners Stephen Helfman, Esq., Appellant
405 Park Avenue N902
New York, NY
W. Tucker Gibbs, Esq., Appellant
2665 South Bayshore Drive
Coconut Grove, FL
SD-2 Coconut Grove Central Commercial District.
REQUEST
Appeal
of the May 26, 1994 decision
of the Zoning Administrator, per Article 18,
Section
1800 of Ordinance No. 11000,
as amended, the Zoning Ordinance of the City of
Miami,
which interpretation approved
an amusement center use at the above location;
zoned
SD-2 Coconut Grove Central Commercial District.
RECOMMENDATIONS:
PLANNING, BLDG &
ZONING
Denial of appeal; upholding
of interpretation.
PUBLIC WORKS
No comments.
PLAT AND STREET N/A.
DADE COUNTY TRANSPORTATION No comments.
ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A
Violation(s) Cited: N/A
Ticketing Action: N/A
Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A
Total Fines To Date: N/A
CEB Action: N/A
HISTORY Continued from the Zoning Board Hearing of July 11, 1994; Res. No. ZB 63-94 by a vote of 5-3.
ANALYSIS The current Zoning designation of the site is SD-2 (Coconut Grove Central Commercial District).
The SD-2 designation allows as a Permitted Principal Use "commercial recreational establishment
such as pool halls, billiard parlors and game rooms as stated under Article 4, Section 401,
Schedule of District Regulations. The proposed use under Building Permit No. 945008135 is for
a recreational establishment which as previously stated is a listed principal permitted use in
the SO-2 Zoning designation. The parking ratio for such a use is one (1) parking space per
every one hundred (100) square feet. The aforementioned building has a legal nonconforming
characteristic of use for parking since prior uses included restaurants, billiard parlor and
game room.
ZONING BOARD
APPELLANT
CITY COMMISSION
Denied the appeal & upheld the Zoning Adm. interpretation. (Res. No. 73-94)
Stephen Helfman, Esq.& W. Tucker Gibbs, Esq.
94- 710
APPLICATION NUMBER 94- 288 Page 1 July 18, 1994
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August 2, 1994
W. TUCKER GIBBS
ATTORNEY AT LAW
GRAND BAY PLAZA
SUITE 603
2665 SOUTH BAYSHORE DRIVE
COCONUT GROVE, FLORIDA 33133
TELEPHONE (305) 856.2711
FACSIMILE (306) 864.6093
Teresita Fernandez
Hearing Boards Office
City of Miami Planning,
Building and Zoning Department
275 NW Second Street
Miami, FL 33128
RE: City Commission Appeal of Acting Zoning Administrator's
Decision regarding permitted use for 2895 McFarlane Road
Dear Ms. Fernandez:
The Coconut Grove Civic Club has authorized me to appeal on its
behalf to the City Commission the above -referenced decision of
the Acting Zoning Administrator.
The Civic Club hereby appeals this decision and continues to.
request that, pursuant to Section 1803 of the Zoning Ordinance,
the issuance of all building and all other development permits or
approvals necessary for development be stayed pending the
resolution of this appeal.
This appeal is based on our contention that an "amusement center"
is not a permitted use, nor is it an appropriate use in the SD-2
District. '
Enclosed please find a check for $400 for this appeal. If you
have any questions regarding this item, please let me know.
Sincerely,
W. Tucke Gibbs
Cc: Joyce Nelson, President, Coconut Grove Civic Club
Christina Abrams, Coconut Grove NET Administrator
Lourdes Slazyk, planner, City of Miami
Stephen J. Helfman, Esq.
94- 710
WE-45S SE:RoTA Sc HELFMA.., P.A.
ATTORNEYS AkT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 204
LILLIAN ARANGO DE LA HOZ
EDWARD G, GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
BARSARA J. RIESBERG
ELLEN NOLEN SAUL
GAIL 0. SEROTA
.JOBEPH H. SEROTA
RICHARD JAY WE18S
VIA HAND DELIVERY
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
July 29, 1994
Ms. Teresita Fernandez
City of Miami Planning
Building and Zoning Department
Zoning Hearing Section
275 N.W. Second Street
Miami, Florida 33128
Re: Appeal of Resolution No. ZB-73-94
Dear Ms. Fernandez:
rA
BROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE. FLORIDA 33301
TELEPHONE (30:5) 763-1189
Our firm represents American Equities Site Developers, Inc.,
the owner of the property located at 2977 McFarland Road, Miami,
Florida.
On July 18, 1994, the City of Miami Zoning Board passed and
adopted Resolution ZB-73-94 (the "Resolution"), see attached
Exhibit "A". The Resolution affirmed the May 26, 1994 decision of
Mr. Juan Gonzalez, the Acting Zoning Administrator, see attached
Exhibit "B".
The purpose of this letter is to appeal the Zoning Board's
decision to approve the Resolution.
Among other things, the appeal is based upon the fact that the
Zoning Board's decision was arbitrary, capricious and not based on
substantial competent evidence.
The proposed "amusement center" use for the property located
at 2895 McFarland Road is not a "commercial recreational
establishment such as pool halls, billiard parlors and game rooms"
and therefore is not a permitted principal use in the SD-2
District. Additionally, the SD-2 District is not the proper zoning
district in which to place the proposed "amusement center" use.
94— 710 7
Ms. Teresita Fernandez
July 29, 1994
Page 2
Enclosed is the $400 appeal fee. Please advise when this
appeal is scheduled for hearing before the City Commission.
Thank you for your cooperation in this matter. Please call me
if you have any questions.
Very truly yours,
Stephen J. Helfman
SJH\cf
217.001
w
CZ
04- 710
WETGG SEROTA 8c T'HF.LFMAV. P. A.
-;,- e; -y 4 MON 1 1 9
P . 0 2
ZB 07/21/94
Mr. George Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 13-94
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE MAY 26,
1994 DECISION OF THE ZONING ADMINISTRATOR, WHICH
INTERPRETATION APPROVED AN AMUSEMENT CENTER USE FOR THE
PROPERTY LOCATED AT 2895 MCFARLANE ROAD MORE PARTICULARLY
DESCRIBER AS LOT 2, CHARLES JOHN PEACOCK SUBDIVISION
(6-32) PUBLIC RECORDS OF DADE COUNTY, ZONED SD-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT. DENIAL OF THE APPEAL
3WAS BASED ON THE EVIDENCE PRESENTED A THE ZONING BOARD
HEARING.
Upon being seconded by Mr. Gary Carman
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Barket, Carman, Crespo, Luaces, Milian,
Moran-Ribeaux and Sands.
NAYS: None.
ABSENT: Ms. Hernandez.
Ms. Fernandez: Motion carries 9-0.
July 18, 1994
Zoning Board
Item# 9
94- 710
f �
of
UP.
SERGIO RODRIGUEZ, AICP ,? 3 CESAR H. ODIO
Director uu it Iltia c� City Manager
Msy 26, 1994
Weiss, Serota & Helfman, P.A.
c/o Stephen J. Helfman
2665 South Bayshore Drive, Suite 204
Miami, FL 33133
2895 McFarlane Road
Dear Mr, Helfman:
Pursuant to your letter dated May 19, 1994, concerning the above
mentioned property, please be advised of the following.
The current Zoning designation of the site is SD-2 (Coconut Grove
Central Commercial District).
The SD-2 designation allows as a Permitted Principal Use "commercial
recreational establishments such as pool halls, billiard parlors and
game rooms" as stated under Article 4, Section 401, Schedule of
District Regulations.
The proposed use under building permit number 945008135 is for a
recreational establishment which as previously stated is a listed
principal permitted use in the SD-2 Zoning designation. The parking
ratio for such a use is one (1) parking space per every one hundred
(100) square feet.
The aforementioned building has a legal nonconforming characteristic
of use for parking since prior uses included restaurants, billiard
parlor and game room.
I£ I may be of further assistance on this matter, please do not
hesitate to call me.
truly
Juan C. Gonzal
Zoning Adminis
JCG: tc V
Enclosures 1 1
cc: Zoning file 9 4 _ 710
Central f i1�e
P anning and Zoning Division / (305) 579.6086s / FAX (30S) 358-1452
PLANNING, BUILDING AND ZONING DEPARTMENT/VS N.W. 2nd Street, Miami, Florida 33128
Mailing Address - P.O. Box 330705 / Miami, Florida 332334=
ZB 07/21/94
Mr. George Barket offered the following Resolution
and moved its adoption.
RESOLUTION ZB 73-94
A RESOLUTION DENYING THE APPEAL AND AFFIRMING THE MAY 26,
1994 DECISION OF THE ZONING ADMINISTRATOR, WHICH
INTERPRETATION APPROVED AN AMUSEMENT CENTER USE FOR THE
PROPERTY LOCATED AT 2895 MCFARLANE ROAD MORE PARTICULARLY
DESCRIBED AS LOT 2, CHARLES JOHN PEACOCK SUBDIVISION
(6-32) PUBLIC RECORDS OF DADE COUNTY;.ZONED 50-2 COCONUT
GROVE CENTRAL COMMERCIAL DISTRICT. DENIAL OF THE APPEAL
3WAS BASED ON THE EVIDENCE PRESENTED A THE ZONING BOARD
HEARING.
-Upon being seconded by Mr. Gary Carman
the motion was passed and adopted by the following vote:
AYES: Mses. Basila and Morales. Messers.
Barket, Carman, Crespo, Luaces, Milian,
Moran-Ribeaux and Sands.
NAYES: None.
ABSENT: Ms. Hernandez.
Ms. Fernandez: Motion carries 9-0.
July 18, 1994
Zoning Board
94- 710
Item# 9 13
ZONING BOARD ACTION ON APPEALS "7�':_TC"� ^?E DIRECTOR OF
THE PLANNING, 'BUILDING AND ZCIITIIR
I move that the request on agenda item e (denied
(granted) in that the requirements cf Section 1305 (w j--(ire
not) satisfied by relevant evidence in the record of the public
hearing.
a) as stated in the Cit,'s findings of fact, or
b)..' as demonstrated by the petitioner, or
c) on the basis of the following:
The Zoning Board, in its decision to (grant) (deny) the appeal,
shall make written findings that the applicable requirements of
this Zoning Ordinance, Section 1305, (have) (have not) been met.
Circle anpropriate conditions:
1305.1 Inaress and Earess.
Due consideration shall be given to adequacy of ingress and
egress to the property and structure and uses thereon, with
particular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
and emergency.
-----------------------------------------------------------------
1305.2 Offstreet Parking and Loading
Due consideration shall be given to offstreet parking and loading
facilities as related to adjacent streets, with particular
reference to automotive and pedestrian safety and convenience,
internal traffic flow and control, arrangement in relation to
access in case of fire or other emergency, and screening and
landscaping.
1305.3 Refuse and service areas.
Due consideration shall be given to the location, scale, design,
and screening of refuse and service areas to the manner in which
refuse is to be stored; and to the manner and timing of refuse
collection and deliveries, shipments, or other service
activities, as such matters relate to the location and nature of
uses on adjoining properties and to the location and character of
adjoining public ways.
-----------------------------------------------------------------
1305.4 Sights and lighting.
Due consideration shall be given to the number, size, character,
location and orientation of proposed signs, and of proposed
lighting for signs and premises, with particular reference to
traffic safety, glare, and compatibility and harmony with
adjoining and nearby property and the character of the area.
5
94- 710
1.305.5 Utilities.
Due consideration shall be given to utilities required, with
particular reference to availability and capacity of systems,
location of connections, and potentially adverse appearance or
other adverse effects on adjoining and nearby property and the
character of the area.
1305.6 Drainage
Due consideration shall be given for drainage, with particular
reference to effect on adjoining and nearby properties and on
general drainage systems in the area. Where major drainage
volumes appear likely and capacity of available systems is found
marginal or inadequate, consideration shall be given to
possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial
measures.
----------------------------------------------------------------
1305.7 Preservation of natural features.
Due consideration shall be given to provision for the
preservation of existing vegetation and geological features
whenever possible.
1305.8 Control of potentially adverse effectsyenerall
In addition to consideration of detailed elements indicated
above, as appropriate to the particular class or kind of special
permit and the circumstances of the particular case, due
consideration shall be given to potentially adverse effects
generally on adjoining and nearby properties, the area, the
neighborhood, or the City, of the use or occupancy as proposed,
or its location, construction, design, character, scale or manner
of operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures
appropriate in the particular circumstances of the case,
including screening or buffering, landscaping, control of manner
or hours of operation, alteration of use of such space, or such
other measures as are required to assure that such potential
adverse effects will be eliminated or minimized to the maximum
extent reasonably feasible, and that the use of occupancy will be
compatible and harmonious with other development in the area to a
degree which will avoid substantial depreciation of the value of
nearby property.
Z� <7
Item
94- 710
W. TUCKER GIBBS
ATTORNEY AT LAW
GRAND BAY PLAZA
SUITE 603
2665 SOUTH BAYSHORE DRIVE
COCONT)T GROVE, FLoRmA 33133
TELEPHONE (305) 856.271 t
FACSIMILE (305) 654.6093
June 9, 1994
Terecita Fernandez
City of Miami Hearing Boards Office
275 N.W. 2nd Street
Miami, Florida 33128
Dear Ms. Fernandez:
T have been authorized by the Coconut Grove Civic Club to
represent ,it in an appeal of the decision of the Acting Zoning
Administrator relating to the use of the property at 2895 McFarlane
Road.
The Civic Club hereby appeals this decision and requests that
pursuant to Section 1803 of the Zoning Code, the issuance of all
building and all other development permits or approvals necessary
for development be stayed pending the resolution of this appeal.
This appeal is based on our contention that an "amusement
center is not a permitted use nor is it an appropriate use in the
SD-2 District.
Enclosed is the $400.00 appeal fee. Please let us know when
this appeal is scheduled for hearings before the Zoning Board.
Thank you for your assistance in this matter.
Sincerely,
/j n�. All
W. Tucke Gibbs
Enclosure
CC: Joyce Nelson, President
Coconut Grove Civic Club
Jim McMaster
Juan Gonzalez, Acting Zoning Administrator
Christine Abrams, Coconut Grove NET Administrator
Stephen Helfman, Esquire 17
94- 710
W SS SERoTA & HEZFMA_.., P.A.
ATTORNEYS AT LAW
LILLIAN ARANGO DE LA HOZ
EDWARD G. GUEDES
STEPHEN J. HELFMAN
GILBERTO PASTORIZA
MARMARA J. RIESBERG
ELLEN NOLEN SAUL
GAIL O. SEROTA
JOSEPH H. SEROTA
ROBERT TISCHENKEL
RICHARD JAY WEISS
HAND DELIVERED
2IS65 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
June 7, 1994
Teresita Fernandez
City of Miami Planning
Building and Zoning Department
Zoning Hearing Section
275 N.W. Second Street
Miami, Florida 33128
RE: 2895 McFarlane Road
Dear Ms. Fernandez:
BROWARD OFFICE
BBB EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE. FLORIDA 33301
TELEPHONE (305) 763-1189
Our firm represents American Equities Site Developers, the
owner of the property located at 2977 McFarlane Road. On May 24,
1994, Mr. Juan Gonzalez, the Acting Zoning Administrator issued the
attached decision regarding the use of the property at 2895
McFarlane Road. The purpose of this letter is to appeal the
decision of the Zoning Administrator and to request that a stay of
the building permit(s) be immediately imposed in accordance with
Section 1803 of the Zoning Ordinance.
Among other things, the appeal is based upon the fact that
Mr. Gonzalez incorrectly decided that the amusement center use is
permitted in the SD-2 District. SD-2 is not the proper zoning
district for this use.
Please schedule this appeal before the City's Zoning Board.
An appeal fee of $400 is enclosed.
Very truly you s,
Stephe J. Helfman
SJH/sk
Enclosure
cc: Mr. Juan Gonzalez
Ms. Christina Abrams
Tucker Gibbs, Esq.
19
94- 710
aJ• L,♦ n J n "
JEZ, AICP
Cllit Vf `W tAmi
CESAR H. 01>10
a ua. .r Ja City Menaaer
O �
Cqy
Msy 26, 1994
i
Welas, Serota & Helfman, P.A.
c/o Stephen J. Helfman
2665 South Bayshore Drive, Suite 204
Miami, FL 33133
2895 McFarlane Road
Dear Mr. Helfman:
Pursuant to your letter dated May 19, 1994, concerning the above
mentioned property, please be advised of the following.
The current Zoning designation of the site is SA-2 (Coconut Grove
Central Commercial District).
The SD-2 designation allows as a Permitted Principal Use 'commercial
recreational establishments such as pool halls, billiard parlors and
game rooms as stated under Article 4, Section 401, Schedule of
District Regulations.
The proposed use under building permit number 94500813E is for a
recreational establishment which as previously stated is a listed
principal permitted use in the SD-2 Zoning designation. The parking
ratio for such a use is one (1) parking space per every one hundred
(100) square feet.
The aforementioned building has a legal nonconforming characteristic
of use for parking since prior uses included restaurants, billiard
parlor and game room.
If I may be of further assistance on this matter, please do not
hesitate to call me.
truly
Juan C. Gonzal
Zoning Adminis
JCG: to
Enclosures
cc: Zoning file
Central filend Zoning Divi:on / f35579�6 r FAX (0S3WI412
n PUNNING, SUIN ANO ZONING DEPARTMEW/M N.W. tad Strew, Miami, Florida 33123
Mailing Addrma - P.O. Sox 330706 / Miami, Florida 33233-07M
21
94- 710
WE1SS SEROTA & HELFMAN, P..A.
ATTORNEYS AT LAW
2665 SOUTH SAYSHORE DRIVE
SUITE 204
LILLIAN ARANGO DE LA HOZ
EDWARD G GUEDES
STEPHEN -i-ELrMAN
GILBERTO PASTORIZA
BARBARA J RIESBERG
ELLEN NOLEN SAUL
GAIL D. SEROTA
JOSEPH H. SEROTA
ROBERT TISCHENNEL
RICHARD JAY WEISS
HAND DELIVERED
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854-2323
May 19, 1994
Mr. Juan Gonzalez
Zoning Administrator
City of Miami Zoning Department
275 N.W. Second Street, Second Floor
Miami, Florida 33128
RE: 2895 McFarlane Road
Dear Mr. Gonzalez:
BROWARD OF*C.CE
888 EAST LAS OLAS BOULEVARD
SU!-E 7IC
"ORT LAUDERDALE. rLORIDA 333C
TELEPHONE l3C5i 76:�-1189
Our firm represents American Equities Site Developers, the
owner of the property at 2977 McFarlane Road. It has recently come
to our client's attention that Mr. Gary Marden intends to establish
an "amusement center" within the existing building at 2895
McFarlane Road.
The SD-2 Regulations which apply to this particular property
do not list amusement centers as a permitted use; however, we
understand that your Department has issued a building permit for
the establishment of this use. We would appreciate it if you would
kindly advise us whether an amusement center is a permitted use for
this property. If you determine that the use is permitted, kindly
provide me with the development criteria that apply, in particular
the parking requirements.
Thank you for your kind attention
request. We look forward to hearing f)
Sinc
S
SJH/sk
cc: Hiam Wiener
Christina Abrams
Tucker Gibbs
i consideration to this
you.
23
94- 710
§ 602.3
MIAMI, FLORIDA
On primary pedestrian pathways as shown on the zoning atlas, design guidelines in the
"City of Miami Primary Pedestrian Pathway Design Guides and Standards " shall apply.
(Ord. No. 10771, § 1, 7.26.90; Ord. No. 10863, § 1, 3.28.91)
Sec. 602.4. Permitted principal uses and structures.
Except as required in section 602.4.1, permitted principal uses and structures shall be the
same as permitted for C-1.
602.4.1. Principal uses permitted on ground floor frontage of primary pedestrian pathways.
602.4.1.1. Only the following principal uses shall be permitted on the ground floor frontage
of pedestrian streets:
1. Retail establishments, as follows: Antique stores, art stores and commercial art
galleries; bicycle sales; book and stationery stores open to the general public;
china and crockery stores; drugstores; florist, including plant and shrub sales;
food stores, including bakeries, confectioneries, delicatessens, food
establishments —take-out only, fruit and vegetable markets, groceries, ice cream
stores, meat or fish markets; gift shops; hardware stores; hobby shops; home
appliance stores; interior decoration supply stores (but not general furniture
stores); establishments for sale of marine accessories (but not sale of boats in-
volving outdoor display or storage within the district); jewelry stores; news-
stands; office supply stores; optical goods stores; package liquor stores (without
drive-in facilities); pet shops; photographic supply stores; variety and sundry
stores; establishments for sale of wearing apparel. Such establishments may
provide incidental repair, maintenance, adjustment or alteration services as ap-
propriate, but facilities, operation and storage in relation to such services shall
not be visible from any street or street -related pedestrian open space. Aside from
antique stores, art galleries, bookstores, and jewelry stores, no such retail estab-
lishments shall deal in secondhand merchandise.
2. Service establishments, including barbershops and beauty parlors; health spas or
studios; laundry and dry cleaning agencies or establishments, including those
coin -operated facilities with rated capacity limited to twenty -rive (25) pounds per
machine, rive hundred (500) pounds total for laundry, and ten (10) pounds per
machine, forty (40) pounds total for dry cleaning; letter, photostat and duplicating
service; locksmiths; photographic service; shoe and leather goods repairs; tai-
loring, dressmaking, millinery or drapery fabrication, except where products are
for off premises sale.
3. Production of handicrafts (but not mass-produced items) incidental to sale at
retail on the premises.
4. Restaurants, tearooms and cafes, except drive-in, including those with dancing
and live entertainment and with outdoor dining areas, subject to limitations
indicated for buffer overlay districts. 25
Supp. No. 2 180
1
710
W
C
ZONING
§ 602.6
5. Bars, saloons and taverns, private clubs, and supper clubs, including those with
dancing and live entertainment, are permitted in such ground floor locations
along pedestrian streets or elsewhere within this district only by Special Excep-
tion, and only subject to limitations on Buffer overlay districts.
6. Commercial recreational establishments such as pool halls, billiard parlors and
game rooms.
7. Theaters.
8. Publicly owned or operated recreational facilities, neighborhood centers, art gal-
leries, museums, libraries and the like, and similar privately owned facilities not
operated for profit.
9. Dance halls, for recreation and entertainment, by Special Exception only. Off-
street parking shall be as for meeting halls/places of general assembly in C-1.
All sales, display and service activities of uses permitted above shall be contained
within completely enclosed buildings, except that, in open space or partially open
space, there may be outdoor dining areas; exhibits and sale of arts and crafts (other
than those involving mass-produced items), of flowers, plants and shrubs, involving
display and sale; and vegetables, produce, citrus or other unpackaged foods involving
sale and display, subject to applicable state health regulations.
602.4.1.2. The following rules shall apply concerning extent and location of the following
uses on ground floor frontage of primary pedestrian pathways:
1. On corner lots adjoining pedestrian streets on two (2) exposures, limitations as to
the uses permitted on ground floor frontage shall apply.
2. The frontage of a lot on a pedestrian street shall be occupied at the ground floor
level by uses permitted under the limitations of section 602.4.1.1 for at least
sixty-five (65) percent of lot width.
(Ord. No. 10771, § 1, 7-26.90; Ord. No. 10863, § 1, 3.28.91; Ord. No. 11051, § 2, 3-25.93; Ord.
No. 11106, § 3, 11.23.93)
Sec. 602.5. Permitted accessory uses and structures.
Uses and structures which are customarily accessory and clearly incidental to permitted
principal uses and structures, approved in the same special permit proceedings, and initiated
or completed within any time limits established generally or in relation to the special permit,
shall be permitted subject to limitations established by these or generally applicable regula-
tions. Other accessory uses and structures shall require a separate Class II Special Permit. No
aboveground offstreet parking or loading areas shall be permitted between any front portion
of a building and the front line of a lot adjoining a pedestrian street.
(Ord. No. 10863, § 1, 3-28.91)
Sec. 602.6. Minimum lot requirements.
602.6.1. Minimum lot requirements.
For residential uses only, not involving mixtures with other uses, minimum lot width
and area shall be as for R-3 districts. 27
Supp. No. 2
181
94- 710
-l��1i-11-1d�4 10:45 --iJM NlJHULa & H55U,. 1J
FOX, INCORPORATED
dba LUIGI'S P'IZZARIA
2006 Brookwood Medical Center Drive,
Birmingham, Alabama 95209
205-877-2667
March 15, 1994
ABC Properties
c/o Richard DuBose
Dear Richard,
1d'G1c'obb�'db P. L14
Suite 210
As per our recent telephone conversation, I would just like to drop a note to you
concerning the positive response that Luigi's Pizzaria has had since the opening of the
Q-ZAR facility in Wildwood Center. Luigi's had a record month of gross sales since
its opening. Obviously this was not totally as a result of the Q-ZAR, but secondary to
some tracking techniques that we are doing with our present marketing, there is a
significant amount of Q-ZAR patrons coming to my restaurant. I have also gone one
step fWr, thsr, to see how surrounding businesses are doing at other Q-ZAR
corporations, and similar effects have been experienced I feel that Q-ZAR will
continue to be a positive factor in the Wildwood Center, and T truly believe that it
would be a positive factor in the entertainment and food area of the new Brook
Highland Plaza Center.
Sincerely,
--red A CVA�- b,
Ted R Cox, M.D.
TRC:cnp
Submitted into the public
record in co nec ,"- n wfih
item PZ
):fatly 11irai
City Clerk
94- '710
94-..'711
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atom. i wish you Ikk and coiWmd success in dk fntm and I hope you Will as hahrU to call a+ my
Miss "if yna WW good a tcuazof rccOT"Wndau0n,
siact�t9
Susan & Rasp Mver
Submitted into the public
record in connection with
item Z,7 + on �3 .c: 2
Matty Hirai
City Clerk
Ice Cream • Yegart • CustOM Desserts 9 4 — 710
AS Is
94— 711
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Submitted, into the Public
record in connection with
item -7t 8 on.�.'=� r9 -
battyixai
City Clerk
94- 710
94- 711