PC recommends commercial zoning for Legacy Center

Owner Christian Mills cleared the first hurdle last week to get his Legacy Center property rezoned to accommodate the diverse array of tenants that will occupy the 208,000-square-foot building.
Following a Jan. 14 public hearing on the issue, the Oxford Township Planning Commission voted 5-2 to recommend rezoning the 19.74-acre site, located at 925 N. Lapeer Rd., from Research Office (RO) to General Commercial (C-2). Mills? request will move on to the township board for a final decision.
The Legacy Center is basically a privately-owned-and-operated community center featuring a mixture of for-profit and nonprofit tenants focused on family entertainment, fitness and wellness, training for individual and team sports, swimming, art, education, life-skill development and dining.
Mills, a Lake Orion resident, requested the zoning change because a number of the uses he’s planning to have inside the Legacy Center do not conform to the current RO zoning.
‘The township is the one that recommended that they go for the rezoning,? said township Supervisor Bill Dunn. ‘It made sense.?
Initially, the township had no issue with indoor recreation businesses because it had previously permitted such nonconforming uses to operate on the site prior to Mills? ownership. An example is the Great Lakes Kids Energy Zone, which existed there prior to the Legacy Center and is continuing to operate as part of Mills? new concept.
But some of new uses Mills is planning ? such as the coffee shop, self-serve frozen yogurt business and the micro office spaces for budding entrepreneurs ? are not permitted in RO zoning.
So, the township recommended he request a rezoning to C-2 because it’s a more appropriate fit for both the indoor recreation uses, which are the center’s mainstay, and the ancillary businesses that complement those uses.
A couple of representatives from the Stony Lake Village Condo Association, a residential development near the Legacy Center, expressed their concerns about future development on Mills? site and the center’s potential impact on the small lake shared by Mills and the condo owners.
With regard to possible development on the site, Mills told them, ‘We don’t have any plans, at this point, to have any additional construction on that property.?
‘I don’t even think that we have the ability to build condos or anything on the lake because of the setbacks and zoning. And it’s not our intention,? he added. ‘Right now, I want to focus on the tenants (in the existing building). We probably have another six months to a year to complete our construction and move all our tenants in. We’re about 90-95 percent leased.?
Township planner Brian Oppmann, of the Ann Arbor-based Carlisle/Wortman Associates, explained even if the township board approves the C-2 rezoning, ‘this doesn’t grant (Mills) carte blanche to pave the entire site or build more buildings.?
Whether it’s new buildings or additional parking spaces, ‘any development that will occur on this site . . . will have to go through site plan approval,? Oppmann said.
Commissioner Kallie Roesner-Meyers noted if the site is rezoned as C-2, Mills ‘can tear it down tomorrow and put in anything? that’s a permitted use ‘as long as it meets the ordinance? or apply for a special land use.
‘Any use that’s legal in the C-2 from here on in will be allowed on that property (if the rezoning is approved),? she said.
Some permitted uses in C-2 zoning are commercial indoor recreation, restaurants, retail businesses up to 70,000 square feet in gross floor area including supermarkets and pharmacies, day care centers, health and fitness clubs, theaters, funeral homes and colleges, both public and private.
According to Oppmann, it’s true that permitted uses, if they meet the ordinance, must be approved.
‘That’s required by state law,? he said.
However, when it comes to special land uses, they must be reviewed and voted on by the planning commission, which has discretion to approve or deny based on other considerations such as compatibility with surrounding land uses, Oppmann explained.
‘There’s certain (special land) uses here that would be quite a challenge for Mr. Mills to get approved if he were to come back for some of these,? he said.
He cited auto repair establishments as an example. They’re a special land use under C-2 zoning, but the planning commission would have to take into consideration that there’s a residential neighborhood nearby and these types of businesses ‘tend to make noise.?
Oppmann noted ‘each use that’s brought in (for the Legacy Center) will be reviewed for zoning compliance.?
If it’s a permitted use, it will be handled through the township’s building department, but if it’s ‘a special land use, then it’s going to come in front of this body with a site plan,? he said.
Marianne Kainz, who lives on Stony Lake Drive and serves on the condo association board, expressed concern about how the Legacy Center is going to potentially affect the small lake that the two developments share. She explained motorized craft are prohibited on the lake and it’s primarily used for fishing and swimming.
‘We wouldn’t use the lake any differently than you would use the lake,? Mills responded. ‘I wouldn’t tell your residents if they could swim in the lake or fish. I would hope that you wouldn’t do that to me as long as we’re doing (it) in a respectful manner.?
Mills noted he has tenants who are going to want to utilize the outdoor areas of the site.
‘We haven’t allowed them yet because we haven’t cleaned it up,? he said.
It was noted that any commercial outdoor recreation on the Legacy site would have to be approved by the planning commission because it’s considered a special land use under C-2 zoning.
‘Let’s say he wanted to put (in) outdoor volleyball courts,? said Commission Chairman Todd Bell. ‘He has to come back to this planning commission to show us where those volleyball courts (are going to be located) . . . We would be able to address the residents? concerns (at that point).?
Both Kainz and Craig Dukes, president of the condo association, questioned why the Legacy site is being considered for a rezoning to C-2 as opposed to Local Commercial (C-1).
According to Oppmann, C-2 zoning ‘allows more? of the types of tenants that Mills is planning to have inside the Legacy center. Plus, commercial indoor recreation, which is the biggest part of the Legacy Center, is a permitted use in C-2 whereas it’s a special land use in C-1.
Oppmann noted C-2 also fits with surrounding properties.
‘You have C-2 next door with McDonald’s and across the street at Meijer,? he told this reporter. ‘C-1 is closer down towards Market Street in front of Waterstone. C-2 is all north of that.?
Mills made it clear he wants to work with those living around the Legacy Center.
‘If you have any questions or concerns, just come to me,? he said. ‘We’ll talk about it. We never fight with our neighbors. We’re always respectful.?
There was no shortage of compliments for Mills and the work he’s already done transforming the former Sea Ray boat plant, which had been neglected for many years and degenerated into a community eyesore, into the Legacy Center.
‘We certainly commend Mr. Mills (for) making that location much nicer,? Kainz said. ‘He’s taken the time and effort to make it a beautiful building on the outside.?
‘I’m really happy to see something go in that is going to be so nice for our community,? said Oxford resident Clark Harris. ‘We want to encourage these types of facilities in here and anybody that’s willing to invest in our community, I just wanted to say thank you to (them). I appreciate that.?
‘The Legacy Center is doing a lot to benefit the schools,? noted Oxford resident Danielle Wernis.
She explained that Mills provides space for the elementary LEGO League students to meet and practice, youth sports teams are utilizing the facility and there’s even talk of holding the annual OHS Senior All-Night Party there.
‘It’s just a great asset to the community,? Wernis said.
Beth Sumner, who co-owns the Great Lakes Kids Energy Zone, said prior to Mills, ‘the building was decaying? and they had buckets everywhere because the roof was leaking.
‘It would have fallen apart and probably had to be torn down in a few years,? she said. ‘We were looking at possibly having to move.?
Within two months of purchasing it, she said Mills fixed ‘all the major safety issues that we were concerned about.?
‘It’s a lot nicer, it’s a lot safer and we are truly enjoying ourselves,? Sumner said.