PUBLIC NOTICE OF ELECTRONIC MEETING OF THE HOWELL PLANNING COMMISSION
PLEASE NOTE: THIS NOTICE IS GIVEN AND PUBLISHED PURSUANT TO HOWELL CITY COUNCIL RESOLUTION 21-07 UNDER MCL 15.263a.
The Howell Planning Commission is meeting electronically as a result of the COVID-19 virus and to protect the health, safety and welfare of the citizens of Howell, Michigan from such virus, as allowed by MCL 15.263a.
You are invited to the Howell Planning Commission meeting being conducted live on a Zoom webinar.
When: Wednesday May 19, 2021 at 7:00 PM Eastern Time (US and Canada)
Topics: Refer to the City’s website to view the complete Agenda & Packet for the meeting. If you have questions, please call 517-546-3861 prior to 5:00 pm on Wednesday, May 19, 2021.
Specific instructions for public participation in the Zoom Webinar are attached. Please note the password listed below.
Please click the link below to join the webinar:
https://zoom.us/j/96740635816?pwd=N0NoRU9KUGF2Qzl2M25TdVFJVGJkQT09 Passcode: 346890
Or One tap mobile :
US: +16465588656,,96740635816# or +13017158592,,96740635816#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799
Webinar ID: 967 4063 5816
International numbers available: https://zoom.us/u/acMjvQfnKy
Dated: May 7, 2021 Timothy R. Schmitt, AICP
Community Development Director
Video Conference Best Practices
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Instruction for joining a meeting virtually:
● Log into the following browsers: Chrome, Firefox, Safari
a. Please note that for optimal meeting capabilities, we encourage residents to join via computer or tablet devices
i. Through internal testing, it was found that mobile devices struggled to hold proper audio output
● Select the Zoom Meeting URL which can be found on the following page:
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a. Depending on the type of meeting you want to join there will be different meeting URL’s and meeting ID’s for the different types of meetings (e.g. City Council, Planning Commission, ZBA, and DDA)
● Next, you will be prompted to download and/or launch Zoom a. For best results download Zoom & run Zoom
Video Conference Best Practices
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● When you launch Zoom, you will want to allow the application to utilize your camera and microphone
● Select “Join Now”
For more information on how to join a Zoom meeting, follow this link:
https://www.youtube.com/watch?v=hIkCmbvAHQQ&feature=youtu.be
Instruction for joining a meeting via telephone:
● Head over to cityofhowell.org
● Select the Zoom Meeting teleconference number which can be found on the following page: Cityofhowell.org
○ Depending on the type of meeting you want to join there will be different phone numbers and meeting ID’s for the different types of meetings (e.g. City Council, Planning Commission, ZBA, and DDA)
● Next, you would need to enter the meeting ID
● Lastly, make sure to mute your device once you join the meeting
For more information on how to join a Zoom meeting by phone, follow this link:
https://support.zoom.us/hc/en-us/articles/201362663-Joining-a-meeting-by-phone
Video Conference Best Practices
3 Those With Hearing or Speech-Impairments Can Still Participate in the Meeting as Well!
Users that are hearing persons and deaf, hard of hearing or speech-impaired persons can communicate by telephone by dialing 7-1-1.
● Individuals who call will be paired with a Communications Assistant
● Make sure to give the Communications Assistant the proper teleconference phone number and meeting ID
For more information, visit:
https://www.michigan.gov/mpsc/0,9535,7-395-93308_93325_93425_94040_94041---,00.html
Instruction for Citizen Comment:
A few changes to note regarding Public Comment. We have shifted the process where the public will have the opportunity to speak during the meeting.
● Citizens can speak on anything being discussed on the regular agenda or items not relating to the agenda.
How to speak during Citizen Comment:
● Participants in the webcast can utilize the “Raise Hand” function by selecting “Manage Participants” on the bottom of your dashboard then select the “More” button in the bottom right-hand corner
○ Our moderator will call your name allowed and unmute you so that you can speak
● For those are joining the meeting by phone, you can be placed in the queue for Public Comment by selecting (STAR 9)
○ Our moderator will announce the last 4-digits of your phone number for recognition and unmute you so that you can speak
● Participants providing Citizen Comment via the webcast or telephone will have 3 minutes to speak as they would if we were meeting in person
● Once your 3 minutes are up, you will be muted by our moderators
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Video Conference Best Practices
● Additionally, comments can be submitted prior to or at this time to
[email protected] where residents and community members can submit public comments as well
○ Please note your email must be able to be read in less than 3 minutes.
Given the circumstances with the virtual space, we may not be able to read through all of the email comments but know that we will have them stored and acknowledged on the public record
Troubleshooting Tips
For tips on how to troubleshoot via Zoom, follow this link: https://support.zoom.us/hc/en-us
Friendly Reminders:
1. Be sure to test your internet connection, video, and microphone in advance 2. Dial-in from a quiet space or use headphones if around others
3. Mute your computer microphone/cell phone when you are not speaking 4. Video camera tips:
a. Don’t use a window as a backdrop; This impacts visual quality to the viewers on the video conference
b. Make sure the room you are in has proper lighting c. Dress appropriately
d. Be mindful of your background items when video conferencing
Remember The Human Element
● Just like talking face to face, the “Zoom Meetings” video conferencing tool is like our everyday workday settings
● Speak professionally and respectfully to one another as you would in any other communication setting
● Announce who you are prior to speaking (e.g. Joe Smith, 1234 Howell St, *Insert commentary*)
● Overall, be aware of your behavior; People can see and hear what you are doing at all times
PLANNING COMMISSION MEETING AGENDA
May 19, 2021, 7:00 PM
611 E Grand River Ave., Howell, MI 48843 ZOOM Digital Meeting
Visit us online at www.cityofhowell.org
Wednesday May 19, 2021
1. Approve Minutes of April 21, 2021 Planning Commission meeting 2. Call to the Public
3. Staff Report
• Project Log
• Development Report Public Hearing
4. SP21-06 – Special Land Use – 120 West Highland, Suite 300 – Massage Therapy
5. Adjourn
WELCOME!
Visitors are cordially invited to attend all meetings of the Commission. If you wish to address the Commission, you will be recognized by the Chairperson.
NOTE:
Please turn off or silence pagers and cell phones during meetings. In the case of an emergency, if page/call needs to be taken, please leave the Chambers.
COUNCIL - MANAGER GOVERNMENT Commission members and other officials normally in attendance:
1. Nick Proctor Mayor
2. Robert Spaulding Commission Member 3. Jan Lobur
Commission Member 4. Erin Britten
Commission Member 5. Nathan Voght
Commission Member 6. Maryanne Vukonich
Chairperson 7. Chelsea Dantuma
Commission Member 8. Tonya Hubbard
Recording Secretary 9. Vacant
Community
Development Director 10. Richard Carlisle,
Carlisle/Wortman Planning Consultant
City of Howell Planning Commission
April 21, 2021 ZOOM Digital Meeting 611 E. Grand River Avenue
Howell, MI 48843
______________________________________________________________________________
The regular meeting of the Planning Commission was called to order by Chairperson Vukonich at 7:01 p.m.
COMMISSIONERS PRESENT: Maryanne Vukonich, Mayor Nick Proctor, Jan Lobur, Erin Britten, Chelsea Dantuma and Robert Spaulding
Absent: Nathan Voght
ALSO PRESENT: Community Development Director Timothy Schmitt and Deputy City Clerk Tonya Hubbard
GUESTS: None
APPROVAL OF MINUTES, March 17, 2021 ZOOM DIGITAL MEETING
MOTION by Lobur, SUPPORT by Proctor, “To approve the March 17, 2021 zoom digital Planning Commission meeting minutes as presented.” A roll call vote was taken. Proctor – yes, Lobur – yes, Britten – yes, Spaulding – yes, Dantuma – yes, Vukonich – yes.
MOTION CARRIED (6-0).
Commissioner Spaulding thanked Community Development Director Schmitt for all of the work that he had done for Recycle Livingston.
CALL TO THE PUBLIC None.
STAFF REPORT
Community Development Director Schmitt informed the commission that the City has received the notice to proceed for the Barnard Center lot sale and the closing will be scheduled within 15 days. They are anticipating starting construction this fall with the students. The Citizens building is under contract and the Planning Commission will be seeing plans on that in the near future. The building permit for the Pearl Building is being issued as their financing is contingent upon it with construction hoping to start this summer.
PUBLIC HEARING
ORDINANCE 943 – SCRIVENER’S ERROR IN SPECIAL ACCOMMODATION USE ORDINANCE
Page 2 Planning Commission Meeting – April 21, 2021 MOTION by Lobur, SUPPORT by Dantuma, “To recommend approval to the City Council for Ordinance 943, an ordinance to amend the Howell Zoning Code to correct a scrivener’s error in the regulations for Special Accommodation Uses.” A roll call vote was taken. Lobur – yes, Britten – yes, Spaulding- yes, Dantuma – yes, Proctor – yes, Vukonich – yes.
MOTION CARRIED (6-0).
MOTION by Spaulding, SUPPORT by Vukonich, “To excuse Commission member Voght.”
A roll call vote was taken. Britten – yes, Spaulding- yes, Dantuma – yes, Proctor – yes, Lobur – yes, Vukonich – yes.
MOTION CARRIED (6-0).
MOTION by Lobur, SUPPORT by Spaulding, “To adjourn the meeting at 7:07 p.m.” A roll call vote was taken. Spaulding – yeas, Dantuma – yes, Proctor – yes, Lobur – yes, Britten – yes, Vukonich – yes.
MOTION CARRIED (6-0).
_______________________________
Tonya Hubbard, Deputy City Clerk
CITY OF HOWELL
Memorandum
TO: Ervin J. Suida, Acting City Manager
FROM: Timothy R. Schmitt, Community Development Director RE: Development Update
DATE: April 28, 2021 Projects ‘In the Pipeline’
Recycle Livingston – Recycle Livingston has previously had plans to construct a new office on the City owned property at 170 Catrell, along with improvements to their onsite processing. Financial issues have delayed the construction on the site, but they are continuing to pursue funding opportunities. Staff has assisted them with several State level grant requests and they are awaiting the results of the most recent submittal. Staff has met with Recycle Livingston on next steps and expect to have a formal update in the near future on the project. Staff was informed by Recycle Livingston that they did qualify for a State grant for this project, after several applications. They are working on revising budget, finalizing all their funding sources, and revising construction plans and will make a revised submittal to the City once that work is completed. Staff has received the official grant contract and is reviewing it. We also have a meeting scheduled for later this week to talk process and timing with Recycle Livingston, to ensure that we meet the grant requirements.
The grant contract has been approved by the City Council and returned to the State of Michigan. Once the State executes the grant, Recycle Livingston will be able to finish design work on the project. Prior to the first draw of state funding, the City and Recycle Livingston will need to enter into a formal agreement, outlining the parties responsibilities under the grant. Work on that agreement has started. The Agreement has been finalized and will be presented to the City Council for review and approval. Recycle Livingston has started final design and is expected to submit to the City for review in May.
Padnos Iron and Metal – The Board of Zoning Appeals (BZA) denied Padnos’ request to have the car processing on site not in an entirely enclosed building and not have the entire area of operations paved. The Planning Commission had previously approved the site plan and special land use requests for the project. Padnos has filed a lawsuit based on the BZA denial. They are legally operating on a portion of the overall site that was previously a junkyard, but not in the area that was denied by the BZA. A request for site plan and special land use extension for one year has been submitted and will be reviewed by the Planning Commission at their October meeting. The Planning Commission extended the site plan and special land use for one year at their October 21, 2020 meeting. The State of Michigan Department of Environment, Great Lakes, and Energy held a public hearing on the proposed Air Quality permit on November 11, 2020. No public comments were made. A final decision on the permit is pending. The Air Quality permit for Padnos has been issued.
Development Update April 28, 2021
1115 Sutton – The owners of the building are requesting a small expansion for a truck well to accommodate a new user of the warehouse space. The Planning Commission approved the matter at the September meeting and construction is expected to start soon. Building permits are currently under review for the interior, tenant build out portion of the project, with the exterior work and building expansion being submitted by the owner under a separate heading. Staff spoke with the architect working on the expansion portion and plans for that review are expected to be submitted shortly. Permits are prepared for issue and interior construction is expected to start soon. Permits have been issued for interior build out of the space. Construction is ongoing on the property, with the truck dock addition still to come. The truck well expansion permit is under review and construction is expected to begin shortly. The truck well expansion permit is ready and the owner is bringing a contractor on board to do the work.
Projects Approved by Planning Commission, not yet under construction
309 East Grand River – The Pearl Building – The project would renovate the existing building at 309 East Grand River with new non-residential space on the first floor. The second floor would be put back (historically, there was a second floor that had been removed) and residential units would be constructed. There would also be a partial third floor added for residential space. A garage with an apartment above it would be built to the rear of the building, along Sibley Street. The project is still working to secure financing.
The Michigan Economic Development Corporation has officially reissued a new Letter of Interest on the project, which had previously been withdrawn at the beginning of the Covid19 pandemic. This is a good first step to finalizing the financing on site. The owner has submitted building permit drawings and an application for the work on the site. The plans are under review. Permit approval will allow the owner to close financing and begin construction in the near future, although a specific timeline has not been set yet. The Building Permit for the project is ready for issuance. The owner will be finalizing their financing and incentives from the MEDC and construction is expected to begin in the upcoming months. The City has officially submitted the Transmittal letter for the Brownfield plan to the MEDC, moving the project forward.
Old Post Brewing – Renovation of the former post office at 121 South Walnut started, largely with items of deferred maintenance from the previous owners. The owner submitted for full interior building permits the week the Covid19 shutdown started in Michigan and construction has not progressed. Given that they would be unable to operate under the current executive orders, the project is on hold until the pandemic has passed.
Maple Manor of Howell – The owners have made a series of changes to this proposal since it was first submitted in early 2018 and briefly started construction in Spring 2019. They have again received approval for a 61,500 square foot rehabilitation center from the Planning Commission and are scheduled for BZA review in September. They have not submitted for revised construction plans. BZA approved their necessary variances and they are working on construction plan submittal. Building plans have been submitted, but there are several items that need to be resolved before construction can begin.
Howell Soft Cloth Car Wash – Expansion of the Howell Soft Cloth Car Wash building and maneuvering areas have been approved several times in the past five years. The owners
Development Update April 28, 2021
have done the major structural work to expand the car wash maneuvering lanes and are currently working on building plans, with an eye towards construction happening still this year. Building permits have been submitted and construction may start as early as next week. Building permits have been issued and construction is expected to commence imminently. Construction is underway on the proposed car wash expansion. Temporary occupancy has been granted to allow the car wash to operate through the winter. Work will continue on the site, with final work being completed in Spring.
St. Joseph Parish of Howell – St. Joseph Parish has been approved for a new rectory building for their priest and for a building expansion at the front of the church for a new gathering space. They are working on building plans and have previously indicated that they would like to start construction this year. The building permit for the rectory building has been submitted and is under review. Construction is expected to start still this year.
The building permit for the rectory has been issued and construction has begun. The church is evaluating some additional work to the main building as part of the building expansion and approval of that is expected to take some time. Staff has issued a temporary certificate of occupancy for the rectory, with work on exterior and ground still to be completed this Spring.
Community Catalysts – Community Catalysts is a low income housing nonprofit who purchased the building at 422 East Grand River Avenue for their offices and two apartments. They have closed on the property and are preparing to start renovations on the structure. Plans for the building renovation have been submitted and are under review. A building permit for the work has been issued and construction is expected to commence soon. Construction has started on the work to renovate the building.
425 North National – The owners of the property, the Ambrose family, have requested approval for a garage expansion, which will include habitable space on the second floor of the garage. This is being requested due in large part to the changing work environment resulting from the Covid19 pandemic. The request will require both Planning Commission review (for the habitable space) and Board of Zoning Appeals review (for the size of the garage and number of accessory structures). PC is expected to review the matter in December and BZA in January. The Planning Commission approved the request at their December meeting. The Board of Zoning Appeals approved the request at their January meeting and construction is able to proceed later this year. Plans have been submitted for the construction of the new home and demolition of the old home. The permits will be issued once the utility shutoff notices have been submitted to the City.
Projects Under Construction
Howden Meadows – This project is the continuation of the Gallery Park project, between Town Commons and Crossroads Town Center. All of the remaining units are single-family detached and the owner expect to finish construction on the remaining units in 2021. Staff has issued six more permits that will start construction shortly. Staff has recently been informed that the remaining units in the project are under contract to a new construction firm. We have meetings scheduled with the new firm to ensure that the transition to a new builder goes smoothly. The new firm has indicated that if they close, the expect to finish the project in 2021. The project has been sold and the new owners, Allen Edwin Homes,
Development Update April 28, 2021
are actively marketing the site, with an eye towards construction later this spring/early summer.
401 East Grand River – Fadi Kajy purchased the vacant former gas station in 2014 and has had several site plans approved for the renovation of the property. The building permits on the site have expired and been reapplied for twice and Staff has previously ticketed the property for junk and issued violations for grass. Construction on the site is nearing completion, but we are unaware of their plans for reopening.
Clinton Place – Five duplex buildings are currently under construction on this infill site, the former home of a car wash that burned down. Construction on the site is expected to be completed this year, but Staff is not aware of any sales on the site and the applicant has requested rental licenses for all of the units. City Attorney Perkins is reviewing that request.
The project is nearing completion and Staff and the developer are working on final paperwork issues and the park donation that was committed to by the developer as part of the Planned Unit Development for the site.
Board of Zoning Appeals Cases Major Code Enforcement Issues Recent Citizen Complaints Highland Howell Update
With City Council’s approval of the Agreement to Lease Real Estate, JD Racing is moving fully into their formal due diligence. They have made their initial Earnest Money deposit of
$25,000. The City has ordered title and has already provided JD Racing with some initial information that they requested. I continue to talk to them daily as they move through their questions and bring their project consultants onboard. The first major potential termination point is during the review of the title work, which we will deliver as soon as we have it. By mid-April, they will need to make a formal decision on moving forward with the title information as presented or if the City will need to work on curing an issue found therein. Title work was officially delivered to JD Racing, along with the ALTA survey the City has on the sites and all the documentation is under review. The Panhandle Eastern Pipeline Company Surface Use Agreement has been officially provided to JD Racing, starting the review period for that document and the overall 180 day inspection period. Joe Fazio, the City’s attorney, has formally responded to the Title Objections from JD Racing and we are working to ‘cure’ the items that we are responsible for, while the title company is working on other items. This is a normal part of any major commercial transaction and is not expected to delay the project or the due diligence.
Unsafe Buildings – Active
504 North Court – This property has been uninhabited for over a decade. Staff walked through it in 2018 with the owner and gave them time to come up with a plan for renovation. They did not meet any deadlines we have set and Council authorized City Attorney Perkins to file suit to have the property demolished. A meeting is scheduled in the next two weeks between the parties to discuss. A meeting was held on the matter and
Development Update April 28, 2021
Staff has some preliminary plans for work on the property. We are working on next steps, but the homeowner continues to be adamant in their desire to rehabilitate the building. The mediation scheduled through the courts to address the property has been postponed due a Covid infection among the parties. It will be rescheduled for the near future. Mediation on the property is scheduled for later this week. Mediation was once again postponed due to illness. City Attorney Perkins is working on rescheduling. Mediation has been rescheduled for President’s Day. We hope to have a path forward on this project in the near future. City Attorney Perkins will be updating the City Council in the near future on this item. Under the terms of the consent judgment on the property, the owners have until April 1st to begin renovations. No building permit submittal has been made, so Staff is working under the assumption that the property will be sold or demolished, pursuant to the terms of the judgment.
715 North Court – This property has been vacant for multiple years and after City Council pressure, work started on renovations in 2019. Covid19 has slowed renovations to a crawl, but the exterior of the property is in substantially better condition than it was previously.
Indian Oaks – Staff has had conversations for the last year with the owners of the still under construction Indian Oaks condominium buildings. The builder on the job was fired in 2019 and the Homeowners Association filed suit against the owner, halting construction on the site. The property owner was given an informal deadline of October 1st to have a plan in place to finish construction or demolish the structures. Unfortunately, the lawsuit from the HOA has prevented construction from continuing, although a motion for dismissal has been filed and will be heard in early November. Staff has issued a formal Notice of Unsafe Building for both structures, to begin the process of getting these buildings either demolished or completed. The owner of the property under construction has contracted with a structural engineer who will be doing an analysis of the two partial buildings for the City’s review to determine if the existing work is salvable. Additionally, mediation is scheduled for November 30th between the builder, the HOA, and the ‘splinter’ HOA, to try and resolve the lawsuits on the property. Staff has indicated to the building that we would like a path forward to present to the City Council in December. Staff has spoken with the developer and there is a resolution document being finalized between the HOAs and the developer that will allow construction to continue on the site. Additionally, the structural engineer will be scheduling inspections next week with Staff to walk through and determine which, if any, of the five units will need to be demoed before construction can continue. Staff has met with the structural engineer for the project and the engineer is determining next steps for construction on the site. After meeting with the structural engineer, it has been determined that the duplex unit will be demolished, except for the basement walls and subsequently reconstructed. The triplex unit will be partially demoed on the interior, removing all insulation and some wood, and will go back to the rough inspection ‘phase’ for the City’s review and further determination on what needs to happen.
Waterproofing and foundation fixes on the triplex units are under review and construction is expected to start shortly. Waterproofing and foundation fixes have begun. The new contractor on the project is prepping new building permit applications, so they can begin finishing the project. We hope to have this project finally resolved this summer.
Development Update April 28, 2021
Unsafe Buildings – Resolved
The following properties have previously been issued unsafe building notices or that Staff has suggested such notice is forthcoming, and the issues have been resolved, either by the owner or by the City.
• 615 South Michigan
• 510 Greenwich, Units A&B
• 816 McPherson
• 120 North Michigan
• 102/106/108 Elm
• 511 East Sibley
• 320 Bijou
• 809 North Court
• 1002 East Grand River
• 440 Livingston
• 222/224 South Michigan
• 233 East Sibley
• 1301 Byron Road
In addition to this lists, there have been dozens of structures in Howell Estates that have been addressed through working with the park owners to remove the unsafe units.
CITY OF HOWELL SITE PLAN REVIEW &
SPECIAL LAND USE ANALYSIS
APPLICANT INFORMATION APPLICANT: Jibo Zeng
ADDRESS: 120 West Highland Road, Suite 300 PROPERTY ID #: 17-25-102-002
ZONING: MXD, Mixed Use District REVIEW DATE: May 7, 2021
APPLICANT REQUEST
The applicant is requesting approval to open a massage therapy business in a vacant space in the Crossroads Town Center shopping center. The property is zoned MXD, Mixed Use, which permits this type of use with Special Land Use approval. No changes are proposed to the structure at this time.
PROJECT SUMMARY
The applicant, Jibo Zeng, is seeking to open a new massage therapy business in the Crossroads Town Center shopping center at 120 West Highland Road. The new business would take over Suite 300, located in the building connected to the Kroger store. Mr. Zeng currently has a location in Brighton, at 9912 East Grand River and is looking to add a second location here in Howell. The property is zoned MXD, Mixed Use District, which allows both ‘Business, professional, and medical offices, and ‘Personal Service Establishments.’ In discussing this matter with Richard Carlisle of Carlisle Wortman Associates, who helped draft the MXD ordinance, a massage therapy clinic was determined to be an ‘allied profession’ that is similar to both the uses listed above. Both the office and personal service uses are permitted in the MXD district, subject to Special Land Use approval.
SPECIAL LAND USE STANDARDS
At this time, no exterior changes are proposed or being approved under this application, nor are any changes permitted. Given that the applicant is only proposing an interior change to the building, with only signage being modified on the exterior, no site plan review is required. The buildings on the site were reviewed and constructed under the current MXD district standards and meet all ordinance requirements. Therefore, only a special land use review is necessary.
In review of a special land use, the Planning Commission shall consider the following standards:
#21-06 Special Land Use – 120 West Highland, Suite 300 – Massage Therapy Page 2
1. Will the use be harmonious and in accordance with the general objective or any specific objectives of the Master Plan?
The proposal will bring a new use back to a vacant space in the existing building. It is complementary to other uses in the building, including the nail spa and the hair salon. This area is called out in a small area plan in the Master Plan, specifically with an objective of high-quality, pedestrian scaled development. The proposed use would help maintain the shopping center by bringing a new use and new customers into the center. It also meets the general objective in the Master Plan of “Include a wider variety of uses in zoning districts within corridors” as massage therapy is not a use that is widely found in the City.
2. Will the site be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity?
The proposed business can be operated to be harmonious with the surrounding businesses.
The applicant will need to meet all ordinance standards for signage on the building and in the windows of the business, but it will not be difficult to fit into the overall shopping center.
3. Will the use be hazardous or disturbing to existing or future nearby uses?
There is no evidence that this type of business would be hazardous or disturbing to existing or future uses. The use is entirely contained within the building and will not have any negative externalities.
4. Will the use be an improvement in relation to the property in the immediate vicinity and to the community as a whole?
The use will bring additional traffic and customers to the shopping center and will be an improvement on the overall situation in the shopping center by filling a vacant space.
5. Will the use be served adequately by essential public services and facilities or that the persons responsible for the establishment of the proposed uses will provide adequately any such service or facility?
Yes.
6. Will the use not create excessive additional public costs and will not be detrimental to the economic welfare of the community?
There is no evidence on the record that would lead Staff to believe additional public costs will be incurred by a use of this nature. Additionally, the use would not be expected to be detrimental to the overall economic welfare of the community. If additional public costs out of the norm are incurred as a result of this business, Staff will be able to enforce the ordinance standards and potentially revoke the Special Land Use approval
7. Will the use be consistent with the intent and purposes of the Zoning Ordinance?
As mentioned previously, the MXD district allows office type uses and personal service establishment type uses. A massage therapy business could fall under either category as an
#21-06 Special Land Use – 120 West Highland, Suite 300 – Massage Therapy Page 3
allied profession. Massage therapy is not a use that is specifically listed in the Zoning District. In these cases, Staff works to determine the best fit for a use, based on the language in the Zoning Ordinance. For massage therapy, it is similar to a medical office use, specifically physical therapy. Staff believes this use is consistent with the intent and purpose of the MXD district.
STAFF REVIEW/COMMENT
The proposed use is a common one that is found throughout the Country. Massage therapy is a respected profession and the businesses are often found in locations where one would also find physical therapy businesses, spas, or similar personal service/office hybrid type uses. The applicant has an existing location in Brighton that is in a small shopping center that is similar in nature, although different, to the Crossroads Town Center. Staff has raised no concerns with the facility and would recommend approval of the proposed Special Land Use permit for the proposed massage therapy facility. If the Planning Commission has any concerns with the proposed use, additional conditions of approval can be added to the motion below, to address specific concerns.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Special Land Use application (#21- 06) for 120 West Highland Road, Suite 300, parcel id number 4717-25-102-002, to allow for a new massage therapy business to open in the vacant suite, subject to the following conditions:
1. The proposed construction and use shall meet all applicable ordinance standards.
2. Building permits shall be acquired for all work on the site.
3. All signage on the site shall meet ordinance standards.
4. No other uses shall be introduced to the suite without an updated Special Land Use review.
HIGHLAND HIGHLAND
M59 TURNAROUND
DORCHESTER
VICTORIA PARK
SP21-06 Special Land Use 120 W Highland, Suite 300 - Massage Therapy
¯ 5/7/2021
Suite 300 Subject Property
