COLUMBUS CONSOLIDATED GOVERNMENT
COUNCIL MEMORANDUM
TO: Mayor and Councilors DATE: December 13, 2007
FROM: Isaiah Hugley, City Manager SUBJECT: Temporary -
Certificate of Occupancy
Attached is an Agenda Report from the Planning Department recommending denial
of a temporary Certificate of Occupancy for Mr. Rick Johnson, owner of Village
Pawn Shop on Victory Drive. The Village Pawn Shop sustained major fire damage,
forcing closure of the business. In an attempt to reopen, the owner found a
new location at 1330 Victory Drive, which was the old Action Marine. The owner
signed a lease for the property believing the site was properly zoned and
without contacting the City. When attempting to purchase a Certificate of
Occupancy from Inspections/Code, he was denied based on improper zoning.
The Planning Department is recommending denial. However, as City Manager, I?m
recommending a temporary Certificate of Occupancy be granted not to exceed 120
days and minimize any further disruption that can ultimately lead to going out
of business.
Please see the attached information.
Attachments:
Email from Mayor Pro Tem Pugh
Email from Karl Douglass
Agenda Report from Rick Jones, Planning Department
Resolution
Eturner325@aol.com
12/11/2007 11:45 PM
To
IHugley@columbusga.org, karldouglass@aya.yale.edu
cc
Commishwjw@aol.com, DArrington@columbusga.org, epugh@columbusga.org,
evelyn.pugh@suntrust.com, ewoodson@tsystsol.com, GAllen@aflac.com,
glenndavis@columbusga.org, jhunter@columbusga.org,
jimwetherington@columbusga.org, JULIUSATTY@aol.com, mbaker@columbusga.org,
MWoodson@columbusga.org, pbarnes@columbusga.org, Pops9784@aol.com,
RJones@columbusga.org, rmcdaniel@columbusga.org, skiphenderson@columbusga.org,
skiphenderson@columbusbankandtrust.com, wanthony@columbusga.org,
wjohnson@columbusga.org
Subject
Re: Rick Johnson & Village Pawn Shop
I don't have a problem approving the temporary measures; however, is there
anyway we can do a council poll and not have to wait until next Tues but
confirming it next Tues. With the holidays around the corner I think the owner
needs to get to sales asap. Evelyn Pugh
"Karl Douglass"
12/10/2007 05:47 PM
Please respond to
To
, "Pop Barnes" ,
, "'Julius Hunter'" , "Julius
Hunter" , "'Evelyn Turner Pugh'"
, , ,
"Gary Allen" , "Mimi Woodson" ,
, , "Wayne Anthony"
, "Skip Henderson"
,
cc
, , "Isaiah Hugley"
, "David Arrington" , "Rick
Jones" , "Will Johnson"
Subject
Rick Johnson & Village Pawn Shop
Rick Johnson owns Village Pawn on Victory Drive. His store suffered major
damage in a recent electrical fire.
Until his store is rebuilt, Rick is attempting to temporarily relocate in the
Action Marine building, also on Victory Drive. Rick has negotiated a short
term lease with the owner and is working hard to reopen in order to meet the
needs of his customers during the busy December shopping season.
When Rick went to get his Certificate of Occupancy, he was told that he could
not locate his pawn business - even temporarily - in the building because it is
zoned LMI. Action Marine's operation had been grandfathered.
The Unified Development Ordinance does not provide any options for a temporary
situation like Mr. Johnson's. As a result, even though he is fully prepared to
go through the rezoning process in order to bring a building that he does not
own into compliance with city ordinance, he is prohibited from doing any
business in the interim. This is a major flaw in the UDO that should be
addressed as soon as possible.
In the meantime, I would ask the Council to consider legislative action to
provide Mr. Johnson some relief. He not only needs to stay in business for his
sake, he has a fiduciary responsibility to protect the property that he is
holding in pawn for those who have "deposited" their items with his business.
An executive order or legislative action to allow Mr. Johnson the ability to
operate his pawn business in the Action Marine location for 120 days is wholly
appropriate in this instance. 120 days should provide him ample time to work
through the necessary zoning process and bring the property in compliance. Mr.
Johnson is a credit to our community and has often extended himself to help
this community. I'm now asking that this community, in the form of its
government, extend itself to him. Having had a fire in his store is tragedy
enough. We should not allow an unintended consequence of government
regulations cause another tragedy and force Mr. Johnson out of business.
Further, the lack of an emergency provision in the UDO is a regulatory problem
that must be fixed so that no other citizen is affected like Mr. Johnson is
being affected right now. I hope that the council will move with all
deliberate speed to address this weakness in the ordinance.
Best Regards,
Karl
_______________________________
Karl Douglass
karldouglass@aya.yale.edu
Agenda Item #
Columbus Consolidated Government
Council Meeting
12/18/2007
Agenda Report #
TO: Mayor and Council
SUBJECT: 1330 Victory Drive, Requested for Certificate of Occupancy
INITIATED BY: Rick Jones, AICP, Director of Planning
Recommendation: The Planning Department recommends the denial of this
request for a temporary Certificate of Occupancy.
Background: On November 27, Victory Pawn Shop at 3409 Victory Drive,
suffered major fire damage, forcing the closure of this business. In an
attempt to reopen the business, the owner found a new location at 1330 Victory
Drive, which was the old location for Action Marine. The owner, without
consulting the Inspections and Code Department, signed a lease for the
property, believing that the site was properly zoned. A pawnshop is a
permitted use in a General Commercial (GC) zone. The property is currently
zoned Light Manufacturing/Industrial (LMI), and does not allow for this
particular use. The owner requested a Certificate of Occupancy (CO) for this
location from Inspections and Code and was denied.
Interceding on his behalf, Mr. Karl Douglass from Columbus South, Inc., is
requesting Council grant this business a temporary use permit during the
Christmas season.
Analysis: The proposed site was once used for boat and marine sales, which is
a permitted use in an LMI zone. According to our records, the property has
been zoned LMI since the 1980?s. Immediately adjacent to the site is the city?s
Rotary Park on the west; to the east is additional property owned by the city;
to the south is the city?s Riverwalk; across Victory Drive to the northwest is
Jay Automotive Group Bargain Cars, zoned High Manufacturing/Industrial (HMI);
and to the northeast is Faith Worship Center, which was recently rezoned from
LMI to GC. Most of the property in the immediate vicinity of this site is
zoned LMI.
Land use designations are controlled under the zoning sections of the Unified
Development Ordinance (UDO), which establishes procedures for changing land
uses. The ordinance does provide for special exceptions uses, which are
typically those uses that maybe acceptable is a particular zone, but only under
certain circumstances.
In addition, the UDO provides for temporary uses or special events, which are
generally those uses such as outdoor festivals, craft shows, carnivals, flea
markets and the like. These events are also limited to a certain amount of
days in which they can operate and require an application process that includes
site plans, identification of signage, insurance, and intended use.
Nowhere in the ordinance does it provide authorization for staff or the City
Council to authorize uses not defined for a particular zone. This type of
action requires either a rezoning of the property, or an amendment to the UDO
itself. It also provides adjoining property owners and citizens alike
notification of the potential change and input into the decision making process.
Further, a quick research of other communities has not revealed to us a process
that allows for temporary uses as has been requested. Generally zoning law
does not allocate for such a procedure, as it has the potential for diluting
the zoning ordinance.
Financial Considerations: There are no known financial considerations.
Legal Considerations: The Unified Development Ordinance does not allow for the
issuance of a temporary Certificates of Occupancy. It requires that the
property either be rezoned or that a text amendment be submitted for Council's
consideration.
Recommendations/ Actions: The Planning Department understands clearly the
situation the owner is in, and empathizes with his needs. However, we cannot
recommend approving this request.
The UDO does not provide the city with any authority to grant a special
exception or temporary use for this situation. Such situations or requests are
usually handled through the procedures established by this ordinance.
Granting this request would establish a precedence that may not be defensible
at a later time. Others applicants may seek the same type of relief, based
upon circumstances that may or may not be as difficult as this one is.
Changing the ordinance is also not recommended, as any action of this type
requires the direct involvement of the general public.
A RESOLUTION
NO. _____
A RESOLUTION AUTHORIZING APPROVING A TEMPORARY CERTIFICATE OF OCCUPANCY FOR A
PAWN SHOP AT 1330 VICTORY DRIVE.
WHEREAS, Rick Johnson of Victory Pawn has applied for a Certificate of
Occupancy to operate a pawn shop; and,
WHEREAS, pawn shops are not permitted under the current LMI (Light
Manufacturing / Industrial) District; and,
WHEREAS, the Unified Development Ordinance does not provide for approval of a
temporary Certificate of Occupancy; and,
WHEREAS, the Council deems it necessary the granting of a temporary Certificate
of Occupancy for this particular use;
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY
RESOLVES AS FOLLOWS:
That a temporary Certificate of Occupancy shall be approved for a pawn shop at
1330 Victory Drive. Said temporary Certificate of Occupancy shall not exceed
120 days from time of issuance.
___________
Introduced at a regular meeting of the Council of Columbus, Georgia, held
the
_________day of _____________, and adopted at said meeting by the affirmative
vote of
_____________members of said Council.
Councilor Allen voting __________.
Councilor Henderson voting __________.
Councilor Hunter voting __________.
Councilor McDaniel voting __________.
Councilor Turner Pugh voting __________.
Councilor Woodson voting __________.
___________________________________ _____________________________
Tiny B. Washington, Clerk of Council , Mayor
Attachments