DRC_STAFF REPORT_NEUROMUSCULAR STUDIO_041426.DOCX
City of Tempe — Development Review Commission Regular Meeting (2026-04-14)
Extracted text (via pymupdf)
14831 characters
PL260061– NEUROMUSCULAR STUDIO Page 1 April 14, 2026 STAFF REPORT NEUROMUSCULAR STUDIO (PL260061) PROJECT DATA Project Address 430 West Warner Road, Suites 111 and 112 Property Owner BNW, LLC Applicant Neuromuscular Studio, LLC Zoning District PCC-1 (Planned Commercial Center) Gross / Net Site Area 3.2 acres Total Building Area 16,388 s.f. in Building A, 2,773 s.f. Suites 111 and 112 Vehicle Parking 190 spaces (10 min. required) Hours of Operation State Massage Therapist License City Massage Establishment License 7:00 am to 10:00 pm, Monday through Sunday MT-02192P, MT-29349, MT-11749 MAE-0003 (Suite 110) COMMENTS: This site is located at the northeast corner of Kyrene Road and Warner Road, within the Warner Professional Plaza Condominiums, containing three buildings (A, B, and C), in the PCC-1, Planned Commercial Center zoning district and the Tempe Southwest Overlay District. The subject suites are within Building A and are 1,568 and 1,205 square feet and located within the commercial center which includes existing medical, office, and financial service uses. Single-family residential uses zoned R1-6, Single-Family Residential, is adjacent to the north and east, with PCC-1 zoned commercial and office uses to the south across Warner Road. Adjacent to the parcel to the west is PCC-1 zoned commercial and restaurant uses, and AG zoned office uses further to the west across Kyrene Road. Neuromuscular Studio currently holds a Use Permit to operate in Suite 110 of the Warner Professional Plaza (PL210191) and is looking to expand the business into neighboring suites. Suites 111 and 112 are already internally connected but will not be connected to the existing business in Suite 110. The expanded space will have six private treatment rooms, reception and office areas, and a restroom. Between Suites 110, 111, and 112, there are 11 employees, nine therapists and two front desk coordinators. The applicant states that there will be 120-140 customers per week. In their Letter of Explanation, the applicant is requesting hours of operation from 6:00 am to 10:00 pm, Monday through Sunday. After submitting that Letter of Explanation, the applicant stated they want the hours to match the existing business in Suite 110, which are 7:00 am to 10:00 pm, Monday through Sunday. The applicant also stated they occasionally see athletes earlier or later depending on when they need treatment before and after events and requested Monday through Sunday 7:00 am-10:00 pm to be sure they had the ability to see clients during those expanded hours. However, seeing clients during those hours is not a regular occurrence. The regular business hours are Monday 9:00 am – 3:00 pm, Tuesday – Thursday 9:00 am – 7:00 pm, Friday 9:00 am – 6:00 pm, Saturday 9:00 am – 4:00 pm, and closed on Sunday. The applicant has not moved into the suites and is waiting for the current tenants to vacate in the coming months. An engineering office currently occupies Suites 111 and 112. “Service” and “Office” both have the same parking ratio, 1 space per 300 square feet of area, therefore there will be no change in parking requirements. Bicycle parking is provided onsite. The applicant is requesting the Development Review Commission take action on ZUP260024 Use Permit to allow an expansion of an existing massage establishment. PUBLIC INPUT Staff have received no public comment to date. PL260061– NEUROMUSCULAR STUDIO Page 2 April 14, 2026 POLICE INPUT Due to this being a new Use Permit request to expand into Suites 111 and 112, the Tempe Police Department will require a background check when the applicant applies for a City massage business establishment license for those suites. The owner of Neuromuscular Studio currently has a State massage therapist license on record. USE PERMIT This request is to allow a massage establishment within the PCC-1 zoning district and the Tempe Southwest Overlay District. The exterior of the building is not proposed to be altered. Section 6-308(E) Approval criteria for Use Permit (in italics): 1. Any significant increase in vehicular or pedestrian traffic. The proposed use is consistent with other service and office uses and with the existing massage business located in Suite 110. An engineering office currently occupies Suites 111 and 112. There may be increased traffic due to customers visiting the massage establishment, but it should not be more than a typical commercial or office use, therefore there should not be significant increases in traffic. The business is by appointment only and does not accept walk-in customers. 2. Nuisance arising from the emission of odor, dust, gas, noise, vibration, smoke, heat or glare at a level exceeding that of ambient conditions. The use is similar to or less intense than adjacent uses and is not expected to emit odor, dust, gas, vibration, smoke, heat or glare by nature of operations. The applicant is making tenant improvements that will create the treatment rooms and office. 3. Contribution to the deterioration of the neighborhood or to the downgrading of property values, which is in conflict with the goals, objectives or policies for rehabilitation, redevelopment or conservation as set forth in the city’s adopted plans or General Plan. The business aligns with Tempe’s General Plan to foster wellness-oriented business by promoting relaxation and stress relief. Massage establishments are permitted within the PCC-1 zoning district subject to a Use Permit. 4. Compatibility with existing surrounding structures and uses. The suites are approximately 2,773 square feet combined, and in a row of inline tenants. The subject suites are in building “A” of the Warner Professional Plaza Condominiums. Buildings “B” and “C” to the south are smaller in size, but similar in layout. The scale and nature of the business is appropriate for the area and should not disrupt the character of the neighborhood. There are two Use Permits for massage establishments located on site, creating a synergy as part of a larger health and wellness focused business community on site. 5. Adequate control of disruptive behavior both inside and outside the premises which may create a nuisance to the surrounding area or general public. The suite is located within an existing office plaza, and since 2020, there has been one call for service from the existing business suite (Suite 110) and 16 calls for service within the center as a whole. The applicant has established a record of being a good neighbor to other tenants and the proposed expansion of a successful practice is not anticipated to result in disruptive behavior within or beyond the suite. REASONS FOR APPROVAL: Based on the information provided by the applicant, the public input received and the above analysis staff supports approval of the requested Use Permit. This request meets the required criteria and will conform to the conditions. SHOULD AN AFFIRMATIVE ACTION BE TAKEN ON THIS REQUEST, THE FOLLOWING NUMBERED CONDITIONS OF APPROVAL SHALL APPLY, BUT MAY BE AMENDED BY THE DECISION-MAKING BODY. PL260061– NEUROMUSCULAR STUDIO Page 3 April 14, 2026 CONDITION(S) OF APPROVAL: (Non-standard conditions are identified in bold) EACH NUMBERED ITEM IS A CONDITION OF APPROVAL. THE DECISION-MAKING BODY MAY MODIFY, DELETE OR ADD TO THESE CONDITIONS. 1. The Use Permit is valid only after a Building Permit has been obtained, the required inspections have been completed and a Final Inspection has been passed. 2. The Use Permit is valid for the plans as submitted within this application. Any additions or modifications may be submitted for review during the building plan check process. 3. Hours of operation to end no later than 10:00 p.m. on a daily basis. CODE/ORDINANCE REQUIREMENTS: THE BULLETED ITEMS REFER TO EXISTING CODE OR ORDINANCES THAT PLANNING STAFF OBSERVES ARE PERTINENT TO THIS CASE. THE BULLET ITEMS ARE INCLUDED TO ALERT THE DESIGN TEAM AND ASSIST IN OBTAINING A BUILDING PERMIT AND ARE NOT AN EXHAUSTIVE LIST. This approval for the Use Permit review did not include a comprehensive evaluation of the site for code compliance; the scope of approval is for the use permit only. The property owner should be aware of all city codes and zoning ordinances applicable to the property including maintenance and conformance with the codes. Below is a partial list of references provided to advise the owner of pertinent code requirements; this is not an exhaustive list. TEMPE CITY CODE: Specific requirements of the Tempe City Code are not listed but apply to any application https://library.municode.com/az/tempe/codes/city_code ZONING AND DEVELOPMENT CODE: Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition of approval but apply to any application. To avoid unnecessary review time and reduce the potential for multiple plan check submittals, become familiar with the ZDC. Access the ZDC through www.tempe.gov/zoning or purchase from Community Development. BUILDING & FIRE CODES: Any modifications to the buildings involving mechanical, electrical, plumbing or structural tenant improvements that would require a building permit must obtain required permits. LIGHTING: Site security lighting shall comply with requirements of ZDC Part 4 Chapter 8 (Lighting) and ZDC Appendix E (Photometric Plan). Avoid conflicts between lights and trees or other site features in order to maintain illumination levels for exterior lighting. Make sure that light fixtures do not create glare and are full-cutoff fixtures. https://library.municode.com/az/tempe/codes/zoning_and_development_code?nodeId=ZONING_DEV ELOPMENT_CODE_PT4_DEST_CH8_LI Any changes to lighting would require a minor Development Plan Review. SIGNS: Separate plan review process is required for signs in accordance with requirements of ZDC Part 4 Chapter 9 (Signs). Refer to www.tempe.gov/signs. USE PERMIT: Any intensification or expansion of use shall require a new Use Permit. The Use Permit approval shall be void if the use is not commenced or if an application for a building permit has not been submitted, whichever is applicable, within twelve (12) months after the Use Permit is granted or within the time stipulated by the decision-making body. PL260061– NEUROMUSCULAR STUDIO Page 4 April 14, 2026 The Use Permit is valid for NEUROMUSCULAR STUDIO and may be transferable to successors in interest through an administrative review with the Community Development Director, or designee. All required permits and clearances shall be obtained from the Audit and Licensing Division of the City of Tempe prior to the Use Permit becoming effective. All required Federal, State, County, and Municipal permits, licenses, and clearances shall be obtained, or the Use Permit is void. If there are any complaints arising from the Use Permit that are verified by a consensus of the complaining party and the City Attorney’s office, the Use Permit will be reviewed by City staff to determine the need for a public hearing to reevaluate the appropriateness of the Use Permit, which may result in revocation of the Use Permit. The decision-making body, upon finding that the applicant has not taken corrective actions to resolve issues related to the permit/approval and that a continuation of the permit/approval is not in the interest of the public health, safety and general welfare, can revoke the permit/approval after providing written notice of its intentions to the holder of the permit. Specific requirements of the Zoning and Development Code (ZDC) are not listed as a condition of approval but will apply to any application. To avoid unnecessary review time and reduce the potential for multiple plan check submittals, become familiar with the ZDC. Access the ZDC through http://www.tempe.gov/zoning or purchase from Development Services. POLICE DEPARTMENT SECURITY REQUIREMENTS: If the development includes a use listed in City Code Section 26-70(c), the Owner is required to prepare a security plan with the Police Department. The architect should be involved to verify any modification that would require design revisions. To avoid revisions to permitted construction documents, initial meetings with the Police Department regarding the security plan are recommended before building permits are issued. At a minimum, the Owner shall contact the Police Department to begin security plan process approximately eight weeks prior to receipt of certificate of occupancy. HISTORY & FACTS: September 17, 1975 The Tempe City Council approved Ordinance No. 775, a request to annex approximately 2,280 acres, including the subject site. April 11, 1996 City Council approved a zone change from AG Agricultural to PCC-1 Planned Commercial Center, and a General Plan of Development for Warner Highlands Center consisting of 55,224 s.f. on 6.7 net acres and a Final Plan of Development for Phase I for Diamond Shamrock Convenience store, consisting of 5,443 s.f. (including gas canopy) on 1.16 net acres. July 9, 2002 Planning Commission approved the request by Warner Professional Plaza for a Preliminary and Final Subdivision Plat and a 2nd Amended General and Final Plan of Development with variances for a center consisting of 47,552 s.f., of medical, office, retail, and restaurant on 5.57 net acres located at 8717 South Kyrene Road. July 17, 2002 Design Review Board approved the site plan and landscape plan for Warner Professional Plaza and building elevations for Lot 1 and Lot 2. PL260061– NEUROMUSCULAR STUDIO Page 5 April 14, 2026 August 8, 2002 City Council approved a Preliminary and Final Subdivision Plat and a 2nd Amended General and Final Plan of Development with variances for a center consisting of 47,552 s.f., of medical, office, retail and restaurant on 5.57. June 2, 2003 The Tempe City Council approved a request for a Horizontal Regime (Condominium Map) consisting of 14 office units on 3.2 acres, located at 430 West Warner Road. (SHR-2003.27) November 12, 2012 The Tempe Hearing Officer approved a Use Permit to allow a massage establishment for Neuromuscular Studio, in the PCC-1 zoning district, located at 430 W. Warner Rd., Suite 110. July 27, 2021 The Development Review Commission approved a request for a Use Permit to allow an expansion of an existing massage establishment for Neuromuscular Studio, located in an existing commercial center within the PCC-1. (PL210191) April 14, 2026 The Development Review Commission is scheduled to hear this request for a Use Permit for a massage establishment in the PCC-1 zoning district. ZONING AND DEVELOPMENT CODE REFERENCE: Section 3-202, Permitted Uses in Commercial and Mixed-Use Districts Section 6-308, Use Permit