Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (REZN-01-19-0007) Request to amend the text of the Unified Development
Ordinance (UDO) regarding Table 3.1.1. ? Health and Fitness Facilities to read
as follows:
UNIFIED DEVELOPMENT ORDINANCE REVISIONS
(Explanation of Revisions)
1. Explanation of Revisions: Amend Table 3.1.1. by permitting Health and
Fitness Facilities with a Special Exception in the following districts:
Use
Category HIST RE10 RE5 RE1 RT SFR1 SFR2 SFR3 SFR4 RMF1 RMF2 MHP UPT CRD NC RO CO GC SAC LMI HMI TECH NOTES
Health & Fitness Facility SE P P P P P P P
2. Explanation of Revisions: Create Section 3.2.73 regarding Health and Fitness
Facility:
3.2.73. Health and Fitness Facility
A. Location
1. HIST zoning district
(A) A Health and Fitness Facility locating in the HIST zoning district shall
not be permitted outright as a principal use. Said use shall meet the
following criteria to be considered for a Special Exception Use as provided in
Section 3.1.1 and Section 10.2.7:
a. A Health and Fitness Facility shall be required to occupy a building that
encompasses 15,000 square feet or more of gross floor area.
b. A Health and Fitness Facility shall only be permitted in existing structures
(built prior to 2019).
c. A Health and Fitness Facility shall be required to meet the parking
standards of the Unified Development Ordinance as referenced in Section 4.3.
Off-Street Parking and Loading.
d. No Alcohol
Additional Information:
This Text Amendment would allow Health and Fitness Facilities into the Historic
District as a Special Exception Use. This also includes single parcel lots
located outside of the Historic District but are zoned Historic, those include
parcels located in Waverly Terrace, High Uptown and Highland Hall.
Attached map includes the list of buildings that meet the criteria of the
special exception in the Historic District. Those addresses are as follows:
01. 800 Front Avenue
02. 18 9th Street
03. 710 Front Avenue
04. 627 2nd Avenue
05. 543 3rd Avenue
06. 222 5th Street
07. 425 3rd Avenue
The central issue of this application is the request to amend the Unified
Development Ordinance to allow for health and fitness uses as a Special
Exception in the Historic zoning classification. It is not at this time the
purpose to discuss whether a special exception should be allowed at a
particular location. That will come later should the Council approve this
request.
There are some Pros and Cons about this request that Council should take under
consideration before approving this request:
Pros:
? As a Special Exception, a use of this type would be required to address
access, traffic and pedestrian safety, adequacy of public facilities, hours of
operation, and compatibility
? Use would be required to be located in an existing building that is a minimum
of 15,000 square feet
? Unless granted a variance, all parking requirements would have to be met
? Under the 2038 Comprehensive Plan, this historic area calls for a mixed-use
neighborhood
Cons:
? Approving this amendment will limit the placement of this use based upon the
available parking within the historic district itself.
? A large section of the off-street parking near the River Valley Regional
office is public parking controlled by the City and is now used for overflow
parking from the Trade Center
? Variances for parking requirements would be heard by the Board of Zoning
Appeals and not Council
? The definition of health and fitness uses may need to be revisited to insure
compliance with surrounding neighborhood needs.
Background:
In August 2018, a permit for building alterations at 710 Front Avenue were
issued to the contractor and the plans were approved. In September-October
2018, inspections were performed and the occupant (Crossfit CSG) received a
Certificate of Completion. On October 8, Joanne Cogle, the business owner,
came in to pull a Certificate of Occupancy for a Health & Fitness Facility.
However, said use is not a permitted use in the HIST zoning district. Upon
consultation with the Planning Department, it was deemed a government facility
(where zoning does not typically apply). Ms. Cogle was permitted to operate.
On November 12, 2018, the Planning Department received an email of complaint
from a neighbor. The Planning Department forwarded the email to the City
Attorney?s Office for an opinion. On November 13, the City Attorney provided
case law that stated, ?In their use of land, a state government or its agencies
are immune from operation of local zoning regulations government agencies.?
The Planning Department forwarded said opinion to the neighbor. The neighbor
countered this opinion and after some back and forth, the City Attorney ruled
on November 16 that the property was not exempt from zoning due to O.C.G.A.
50-8-2, which concerns regional commissions (the River Valley Regional
Commission is part owner of the building). Special Enforcement was sent to the
property on December 3 to advise the business owner to come into zoning
compliance.
Ms. Cogle appeared on the December 11 City Council Public Agenda to request a
temporary Certificate of Occupancy until she can pursue the rezoning/text
amendment process. Council was presented with two options: rezone the property
from HIST district to CRD district or amend the text of the UDO to allow Health
& Fitness Facilities as a Special Exception Use in the HIST district.
Council approved a temporary Certificate of Occupancy of 120 days on December
11, 2018. The extension was approved on February 12, 2018 for an additional
120 days.
Recommendations:
The Planning Advisory Commission (PAC) considered this text amendment at their
meeting on January 16, 2018. The PAC recommended denial with a 4-3-1 vote.
Councilor Woodson made a motion on February 12, 2018 for the Text Amendment to
be sent back to the Planning Advisory Commission. A Public Meeting was held on
February 28, 2018 to discuss all viable options for the case.
The Planning Advisory Commission (PAC) reconsidered this text amendment at
their meeting on March 20, 2018. The PAC recommended approval with a 5-3
vote.
The Planning Department recommends approval.
Sincerely,
Rick Jones, AICP
Director, Planning Department
Attachments