An Act, to make exceptional provision, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19 and variants of that disease and in order to mitigate, where practicable, the effect of the spread of . The permit exists for many reasons, not the least of which is to enable communities to participate in the process of siting and enabling them to contribute to the planning process of what they need most and what they dont. He continued on to say the permits havent been a hindrance to legitimate businesses on Staten Island, and taking away the special permit takes away the opportunity for elected officials and community members to help vet out the illegitimate businesses. At the regularly scheduled monthly Community Board Five meeting on Thursday, July 08, 2021, the following resolution passed with a vote of 25 in favor; 0 opposed; 1 abstaining: WHEREAS, The Department of City Planning (DCP) has proposed a zoning text amendment to eliminate the special permit requirement (and associated processes and limitations) for physical culture or health establishments (PCEs) - referred to as the Physical Culture or Health Establishments in the Zoning Resolution; and, WHEREAS, A PCE is any establishment or facility, including commercial and non-commercial clubs, which is equipped and arranged to provide instruction, services, or activities which improve or affect a person's physical condition by physical exercise or by massage (physical exercise programs include aerobics, martial arts or the use of exercise equipment); and, WHEREAS, PCEs include businesses such as gyms, martial arts studios, indoor cycling spaces, yoga studios and licensed massage therapy studios; and, WHEREAS, Under the current process, all PCEs must receive approval from the Board of Standards and Appeals (BSA) under a discretionary special permit process (even where such uses would otherwise be permitted as-of-right); and, WHEREAS, PCEs are only permitted in certain enumerated districts (C1-8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district); and, WHEREAS, PCEs must undergo an extensive administrative and evaluation process that includes (i) filing a notice with the NYC Department of Building (DOB) in order to secure documentation that facility is a PCE requiring a special permit prior to operation; and, WHEREAS, Subsequent to receipt of said objection, PCEs must submit a comprehensive application to the BSA that includes application forms, ownership authorizations, maps (including a zoning map, radius map, and tax map), a detailed statement of facts and findings (which outlines the facts of the application and how the application meets the findings for the special permit under the zoning resolution), site photographs, plans for existing and proposed conditions, zoning and sign analyses, a surrounding property owners list, and potentially City Environmental Quality Review forms (depending upon the square footage of the PCE); and, WHEREAS, The BSA subsequently weighs applications to determine if (i) the PCE will not impair the essential character or future use or development of the surrounding area, and (ii) the PCE contains one or more enumerated characteristics of a legitimate facility (e.g., sports courts, workout or massage facilities); and, WHEREAS, The BSA evaluation process also includes (i) a referral of all applicant stakeholders (i.e., owner, operator, and all other principals) to the Department of Investigation for background checks (a requirement unique to the PCE special permit process), (ii) provision of the application to the local community board, borough president, and city council member, as well as DOB and DCP, to provide an opportunity for public input (including community board public hearings and recommendations); and, WHEREAS, Should BSA elect to grant the application (which may be subject to certain conditions), the term of the special permit is limited to the shorter of ten years or a change in ownership/operation, after which point a renewal application is required; and, WHEREAS, The evaluation process can (i) take six months or longer, (ii) necessitate the retainment of legal counsel to navigate the due diligence and oversight requirements, (iii) cost up to $50,000, and (iv) result in areas of the city that are barren of sufficient health facilities; and, WHEREAS, The Physical Culture or Health Establishments in the Zoning Resolution (i.e., the special permit process) was first established in 1979 amidst a sustained elevation of crime rates in an effort to utilize zoning to crack down on prostitution, which spas, massage parlors and gyms were often at the time used as fronts for; and, WHEREAS, The Health and Fitness Text Amendment at issue entered public review on May 19, 2021, and the community period comment period ends on July 27, 2021; and, WHEREAS, The proposed changes could apply to a range of health and fitness businesses such as gyms, martial arts studios, indoor cycling spaces, yoga studios and licensed massage therapy studios; and, WHEREAS, Gyms and spas would be allowed to open and operate in commercial and manufacturing districts around the city, similar to other neighborhood services such as restaurants, drug stores, and dry cleaners; and, WHEREAS, Licensed massage therapy studios would be allowed just as are other health care practices licensed by the State, such as physical therapy or outpatient doctors offices, in residential, commercial, and manufacturing districts; and, WHEREAS, Amidst a surge in commercial real estate vacancy rates, CB5 is supportive of efforts to promote the tenant supply by adding a new class of tenant in certain areas, and by reducing the barriers to entry for all potential PCE owners and operators; and, WHEREAS, The proposed amendment would help the historically fast-growing health and fitness industry, which was less able than other impacted industries to take advantage of federal stimulus programs to recover from losses associated with the pandemic, recover and again provide needed employment opportunities for New Yorkers; and, WHEREAS, As part of the interagency and administrative due diligence process, DCP has reviewed the proposed text amendment with the Mayors Office of Special Enforcement, the Mayors Office to End Gender-based Violence, local district attorneys, the NYPD, and numerous other city officials/agencies, and have encountered either support or no objections (to the extent that was communicated to the community board by DCP); and, WHEREAS, Adult physical culture establishments (i.e., facilities that offer sexual services) will continue to be non-permitted uses under the zoning resolution, separate from the special permit process; and, WHEREAS, Federal, state, and local efforts to combat human trafficking will continue uninhibited by the proposed text amendment and local survivor advocacy organizations consulted have raised no concerns about the text amendment changes; and, WHEREAS, CB5 has been and remains concerned about the obesity epidemic and other poor health outcomes across the nation and in NYC, and is supportive of efforts to promote health and wellness activities and convenient access of all communities to health and wellness facilities towards that end; therefore be it. She alluded to the fact that gyms are often used by younger people, a demographic that is more social, working and may have children, leading to further spread. A proposal to remove the requirement that gyms, studios, and health clubs obtain a special permit to open was passed in the City Planning Commission by a vote of 10-1 in support of the Health and Fitness text amendment. Henry said she's working with people in the industry to "make sure that we can get back to doing safe activities in gyms as soon as possible, as soon as this wave passes.". 2018 COMMUNITY BOARD FIVE. Comments received become a matter of public record and are included in the Council agenda for the date a decision on the application will be made. The proposal is known as the Health and Fitness Text Amendment. (2) The corporation must reimburse the government for costs of health-related services. For more information call 709-576-6192, email planning@stjohns.ca or visit the Planning St. Johns website. Todays expansion brings the zoning incentive to 11 additional lower-income Community Districts throughout the city, including Staten Island for the first time, on top of the 19 districts where it already applies. Evidence supporting a change in these rules has mounted in recent years. The proposed zoning change expands the FRESH program in Bronx Community Districts 8 and 9; Brooklyn Community Districts 1, 2, 12 and 13; Queens Community Districts 1, 3, 4 and 14 and Staten Island Community District 1. But the new health and fitness text amendment which entered public review on May 19 and will need City Council approval in the coming months would do away with that hurdle for neighborhood. Improve your heart health, mood, stamina and more with regular physical activity. Additionally, the COVID-19 pandemic has put pressure on other businesses to provide opportunities for physical fitness to employees. He said it would facilitate the proliferation of health and fitness facilities in a wider array of neighborhoods, rather than just well-to-do Manhattan ones, where there are more health and fitness options for local residents. During this time of economic recovery, the City wanted to remove the significant barriers that prevent these small businesses that provide health benefits from opening. This was one of the areas that needed action in this period of very high transmission of COVID-19.". Information for health-care professionals. In his letter days later, Stewart suggested this is something gyms could control by appointment booking systems. 11 near North Bay, Ontario government to provide free training for future truck drivers, Smoke from wildfires to affect air quality in southern Ontario, Locally owned grocers fight for their spot at the table. CITY OF . The Regulated Professions (Health and Social Care) (Amendment) Act 2020 ( "2020 Act") was enacted in October 2020. It ensures that high-quality health services are accessible, and works to reduce health risks. Major changes associated with the passage of this amendment include: PCEs no longer need to obtain special permits to operate. Department of City Planning Director Anita Laremont stated, The COVID-19 pandemic highlighted the necessity of health equity in New York City. And Why Is It Useful? This administration is committed to cutting red tape so our small businesses can come back stronger than ever, saidJonnel Doris, Commissioner of the NYC Department of Small Business Services (SBS). However, after almost 28 years, she feels as though its her time to hang up the jacket. A Greater Victoria municipality is warning residents that a highly toxic and potentially deadly mushroom is once again growing in the region. The Health and Fitness Text Amendment has removed the need for special approval from the Citys Board of Standards and Appeals (BSA) that is currently required to open a gym, spa, or licensed massage therapy studio an expensive, time-consuming process that serves as a barrier for small and independent businesses. Strong workplace health and safety practices help to manage risk for employers and workers. On October 20, 2021, the City Planning Commission voted to approve two applications proposed by the City to support small businesses and promote healthy food options and fitness. Im delighted to see the passage of these two zoning actions that incentivize new grocery stores and remove barriers for health-related small businesses, said Deputy Mayor for Housing and Economic Development Vicki Been.
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