Neal Embry
Planning and Zoning Commission Members Erica Barnes, Blaine House and Hasting Sykes review items before the commission at the Nov. 8 meeting.
For almost two hours, residents and Forge Fitness, a CrossFit gym, argued for and against the business’ request to workout outside of their business, which requires a conditional use permit approved by the Vestavia Hills Planning and Zoning Commission.
Forge Fitness, located at 2301 Old Columbiana Road, requested the permit in order to use a running track, do weight training outside, have an adult playground and install batting cages.
“This is a labor of love for me,” owner Rich Pennino said.
Pennino said while he’s received complaints about noise before, those using the space are not making loud noises.
“I don’t know what the big deal is,” Pennino said. “All I’m asking is to let the property do what it was intended to do.”
Pennino was joined by a large group of people from Forge Fitness, many of whom denied claims of excessive noise, “militant-style” running, whistles and a one-time use of a bullhorn. No one at the gym uses a whistle, Pennino and others said, and the bullhorn, which a resident said he heard around September, was attributed to the Brazilian Day Festival, which was held Oct. 6 at Horizon Church, also located on Old Columbiana Road.
David Cutchen and his family live on the road, and said there were issues with the property’s previous owner, who he said didn’t take care of the property and operated it as a business, despite it being zoned institutional. While Pennino successfully changed the property’s zoning from institutional to B-2 business, issues have continued to arise, including problems with parking and noise related to a fundraising event and competition held two weeks before the meeting.
“I made it clear he wouldn’t want this at his house, not like this,” Cutchen said. “... I’m not going to get into conversation [with Pennino], because he’s going to do what he wants to do and then be surprised if anybody would oppose it.”
Cutchen, along with at least six other nearby residents, expressed concern about running outside along a track that wraps around the building, which Cutchen said can be “off-putting.”
“I don’t mind people running,” Cutchen said. “... It’s become much more industrialistic, much more military-looking. It’s off-putting. … For those people who are not in that kind of mentality … you have to be careful about taking that mentality and forcing it on other people. That’s inappropriate.”
Pennino said he should’ve handled the event better, and commission member Blaine House said the event required a special use permit, handled outside of the planning and zoning commission. Because of that, the possibility of future large events would not be included in Pennino’s request for outdoor use of the facility, House said.
One resident said she was “horrified” about the prospect of Forge moving workouts outdoors, fearing it would “escalate.”
“Would you want that in the heart of your neighborhood?” she asked the commission. “I don’t want it in the heart of my neighborhood.”
Eventually, the commission and Pennino were able to come up with conditions for the permit. Forge members will be able to exercise outside before 8 a.m. and after 9 p.m. on Monday through Friday and before 9 a.m. and after 5 p.m. on Saturdays so long as they are silent. Any new lighting requests will have to go through the design review board, and Pennino agreed to remove batting cages from this request, though they could come with a later request, and also agreed to not let any music filtrate outside the indoor space.
The city council will have to approve the permit before it takes effect, and it will likely appear before the council before Christmas.
In other news, the commission approved:
- A request to approve the final plat for a resurvey of Patchwork Farms Lot 3B, removing setback lines to comply with a court settlement.
- The final plat for the resurvey of lots 36 and 38 in the Rosemont subdivision in order to combine lots.
- Final plat for a resurvey of lots 5, 6, 4A and 17A of Rosemont subdivision in order to resurvey lot lines.
- Final plat for a resurvey of lots 21 and 22, Rosemont subdivision in order to combine lots.
- Final plat for a resurvey of lots 35, 39 and 40 in Rosemont subdivision in order to resurvey lot lines.
- Final plat for resurvey of lot 5A of Old Overton in order to subdivide one lot into two lots.
- Final plat for resurvey of lot 16 of South Bend subdivision in order to amend easements.
- Rezoned 4517 Pine Tree Circle from Vestavia Hills R-1 to VH O-1 for the purpose of office development.
