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PetSmart Case Highlights Zoning Issues
PetSmart is planning to occupy the space currently leased by Whole Foods. Here is some general information on PetSmart from their website:
- PetSmart, Inc. is the largest specialty retailer of services and solutions for the lifetime needs of pets.
- The company operates more than 993 pet stores in the United States and Canada, a growing number of in-store PetsHotels cat and dog boarding facilities and Doggie Day Camps, and is a leading online provider of pet supplies and pet care information. PetSmart provides a broad range of competitively priced pet food and pet supplies; offers complete pet training, pet grooming and pet adoption services.
- At PetSmart, we believe pets are family, and we encourage Pet Parents to bring their pets into our stores when they shop. That's part of what makes [working at] PetSmart special.
- Through our partner, Banfield, we have high-quality, affordable veterinary hospitals inside many of our stores.
Here are some relevant facts:
- The Whole Food site is currently zoned ?Highway Business?, a disturbing classification for this residential area of town.
- In Millburn's own downtown redevelopment plan, Millburn is described as, ?unique in that it offers upscale, high-end, Fifth Avenue shopping along with quaint small town shopping of a traditional downtown.?
- Current zoning of the Whole Food site permits retail sales (and certain other similar uses) and rendering services incidental to the sale of the store?s merchandise. The zoning ordinance specifically prohibits all other uses. We interpret this to typically mean that offering delivery services, repair services, installation services, etc. is permitted, but that all other uses, including the use proposed by PetSmart is prohibited.
- PetSmart is seeking a variance to include a dog and cat kennel within the proposed retail store even though PetSmart does not sell dogs and cats. PetSmart?s proposal also contemplates dog and cat grooming services and a veterinary hospital that we believe should also require a variance.
- The Zoning Board of Adjustment (ZBA) will be hearing testimony from PetSmart representatives in an attempt to justify granting the variance and has already had to hire a city planner (at the town?s expense) to consult with the ZBA during this process.
- The lengthy testimony will crowd-out other items from future ZBA agendas.
Based on our preliminary research, WeLoveMillburn questions how a zoning ordinance that permits Highway Business along eastern Millburn Avenue is consistent with quaint small town shopping. We are at risk when vaguely worded and loose zoning standards can jeopardize the features of Millburn that it desires to preserve and enhance.
It has come to our attention that Millburn's Development Regulations & Zoning Ordinance fails to address the issue of ?big-box? stores locating within our community. We believe the issue of whether and where such commercial establishments should be located in our town can have a material adverse impact on the property values and character not only on adjacent property owners, but the town as a whole. We believe it is in the best interests of all of the citizens of Millburn that this issue be addressed specifically in the zoning ordinance where conditions guiding location of such stores should be set forth.
We have requested that the Millburn Township Committee address this issue in a letter and publicly at their most recent committee meeting. We believe public policy supports our town democratically governing its land use by ordinance and not in an ad hoc fashion by variance. We strongly encourage township residents to attend future hearings when the topic will be discussed specifically by the Zoning Board of Adjustment and the Township Committee. We will send reminders to our email list in advance of upcoming meetings. If you are not already registered to receive future email notices please do so at www.WeLoveMillburn.com.
WeLoveMillburn.com
November 29, 2007
WeLoveMillburn.com was launched in June of 2005 to provide the community with regular updates so that all constituents can make an informed decision on numerous issues that will dramatically affect the future of the educational system, town government, the local business district, and property taxes. For more information, please contact info@WeLoveMillburn.com or visit the website at www.WeLoveMillburn.com
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