City Zone Change 964 – Council Initiated Text Amendment – Gymnastics Instruction in RP zones – A zone change to Section 27-306 – Commercial and Industrial Uses – to allow Gymnastics Instruction in all Residential Professional (RP) zones. The City Council initiated the amendment on February 26, 2018.

Planning Staff Recommends approval of the text amendment.

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Section 27-306 of the Zoning Regulations have been amended from time-to-time since 1972. The Residential Professional zone was created from the previously existing Residential Multi Family - A (RMF-A) zoning district. RMF-A encouraged multi-family housing and professional office type uses. At the time of its inception, RP excluded uses classified in Major Group 79 of the Standard Industrial Classification Manual (SIC). Uses included in this group include all types of recreational services and some entertainment uses such as theaters.

In January 2000, the Planning Board initiated an amendment to the zoning regulations to allow Dance Studios and Martial Arts Instruction (2 Group 79 uses) in the RP zone. On February 28, 2000, the City Council considered this amendment following a positive recommendation from the City Zoning Commission. Information in the City Council minutes from 2000 states the amendment was brought forward as a "housekeeping item" and as a result of a number of requests for these uses. Both uses are non-retail and are mainly service-oriented uses. These are generally the type of uses found in the RP and Neighborhood Commercial (NC) zones. The City Council asked for the proposed ordinance change to be sent back to the Zoning Commission to consider size limitations or whether the use should be allowable by special review.

The Zoning Commission determined a size requirement and making these uses allowable by special review was unnecessary.  The City Council held a public hearing and first reading of Ordinance 00-5120 on April 24, 2000, to make martial arts instruction and dance studios allowable uses in Residential Professional (RP) and Neighborhood Commercial (NC) zones. The second reading and approval occurred May 8, 2000. There have been no changes since 2000 for uses classified in section 79 of the SIC.

 

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On February 26, 2018, Council Member Ewalt brought forward a Council Initiative and made a motion to have gymnastics instruction added as an allowable use to Residential Professional (RP) zones. The motion was seconded by Council Member Brewster. The vote carried unanimously.

The initiative was a result of a contentious zone change hearing for property located at 41st St West and Avenue C. The zone change from RP to Community Commercial (CC) was needed to allow a gymnastics academy to purchase and locate on the property. The zone change was denied by the City Council on January 8, 2018, although some Council members voiced support for the use at this location. The other potential uses in the CC zone were not as compatible with the surrounding neighborhood, including the potential to allow a bar or casino by special review approval.

Staff recommends approval of the text amendment based on the 10 criteria as identified in Section 27-1052(d) of the BMCC.