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Commission approves special-use permit for Mercy Health facility; condition added to prevent exterior lights from shining on residences
Summary
The commission approved a special-use permit allowing Mercy Health East Communities to resume medical operations at 1203 Smizer Mill Road after flood repairs, and added a condition prohibiting exterior lighting from shining onto adjacent residential properties.
The Fenton Planning and Zoning Commission on May 6 approved a special-use permit allowing Mercy Health East Communities to resume operation of a medical facility at 1203 Smizer Mill Road, subject to conditions including a requirement that exterior lighting be positioned so it does not shine onto neighboring yards.
Amy (staff member) explained that the building has been used as a medical facility since construction in 1999 but had become a legal nonconforming use under current code. After a late-2023 water-line break caused extensive interior flood damage and the facility remained closed for more than nine months during repairs, the nonconforming use lost automatic continuance and the property required a special-use permit to resume medical operations.
Kevin Thornton of Northstar Management, representing Mercy, said the building was under construction for more than nine months and that the permit application reflected the need to return to lawful operation. Local resident Alan Bruske testified in support of Mercy’s reopening but asked the commission to address four floodlights on the building’s southwest side that shine into his backyard during the winter when trees are bare. Bruske said the lights were a nuisance and that they “really shine bright” in the evening.
Kevin Thornton told the commission he would contact Mercy’s facilities department to investigate moving or dimming the lights; Amy told the petitioner and commissioners staff could add a condition prohibiting exterior lights from being positioned to shine on adjacent residential properties. The commission included that condition in its approval along with standard requirements: separate occupancy permit through the city, compliance with other applicable codes and ordinances, and evidence of other agency approvals before land-disturbance permits are released.
The motion to approve the special-use permit passed by roll call; recorded affirmative votes included Commissioner Glover, Commissioner Billicki, Vice Chairperson Sheryl, Secretary Deb Abbott, Mayor Morath, Alderman Harrell and Commissioner Nelson.
Staff will require the petitioner to secure an occupancy permit and to submit evidence of any required approvals before resuming operations.
