1/29/2019
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:
- Application
- (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:
- Proposed Text Amendment
- 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
- PLANNING ADVISORY COMMISSION RECOMMENDATION
- 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.
- PLANNING DEPARTMENT RECOMMENDATION
- The Planning Department recommends approval.
- MAPS & PHOTOS
- Additional Information:
This Text Amendment would allow Health and Fitness Facilities into the Historic
District as a Special Exception Use.
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. After some back and forth with the neighbor,
the City Attorney ruled on November 16 that the property was not exempt from
zoning due to OCGA 50-8-2, which concerns regional commissions (the River
Valley Regional Commission is part owner of the building). Special Enforcement
is 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.