8.4. SR 12-20-1993
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ITEM 8.4
TO:
MAYOR AND CITY COUNCIL
STEVEN B. ACH, CITY PLANNER~~
FROM:
DATE: DECEMBER 20, 1993
SUBJECT: CODE AMENDMENT REQUEST BY THE
CITY OF ELK RIVER/PUBLIC HEARING
CASE NO. OA 93-08
ISSUE
Consider an amendment to the Zoning Ordinance section of the
City Code allowing therapeutic massage and sauna establishments
as conditional uses in commercial districts and as a home
occupation in accordance with the standards set forth in
Section 900.25.
ATTACHMENTS
Ordinance No. 93-___, report to the Planning Commission dated
November 23, 1993, Planning Commission minutes dated October
28, 1993, and November 23, 1993.
BACKGROUND
On October 4, 1993, the City Council passed an ordinance that
set forth licensing requirements for massage and sauna
establishments. This particular ordinance set forth all the
terms and conditions that have to be met in order to obtain a
license to operate a therapeutic massage business in the City
of Elk River. As a follow up to this Council action, the
Zoning Ordinance needs to be amended to specify which zoning
districts therapeutic massage and sauna establishments can be
operated in. In addition, the definition and home occupation
section of the Zoning Ordinance needs to be amended to address
therapeutic massage and sauna establishments.
ANALYSIS
The proposed code amendment would allow therapeutic massage and
sauna establishments as conditional uses within all commercial
districts. Therefore, a conditional use permit would need to
be obtained from the City Council prior to opening its door for
business. In addition, if a resident wanted to operate a
therapeutic massage or sauna as a home occupation in accordance
with the home occupation standards set forth in Section 900.25,
a conditional use permit would also be required.
The primary advantage for going through the conditional use
permit process would be to give residents and business owners
within a 350 foot radius the opportunity to speak at a public
forum on the requested conditional use permit. A majority of
the standards and requirements will be met through the
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
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licensing application which will be processed concurrently with
the conditional use permit application. However, the
conditional use permit will provide the Planning Commission and
the City Council the opportunity to attach conditions in unique
situations.
PLANNING COMMISSION RECOMMENDATION
After tabling this item at the October 28th meeting, the
Planning Commission unanimously approved the proposed ordinance
at the November 23rd meeting. The Planning Commission
emphasized the need to require a conditional use permit for all
therapeutic massage and sauna establishments operated as home
occupations. There were no public comments at either of those
meetings.
STAFF RECOMMENDATION
Staff recommends approval of the code amendment as drafted in
the attached Ordinance 93-
ORDINANCE 93 -
CITY OF ELK RIVER
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AN ORDINANCE AMENDING SECTIONS 900.08, 900.12, 900.25
OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO MAKE
THERAPEUTIC MASSAGE AND SAUNA ESTABLISHMENTS A CONDITIONAL
USE IN CERTAIN COMMERCIAL ZONING DISTRICTS AND DELETE
"MASSAGE" AS PROHIBITED IN HOME OCCUPATIONS
The City Council of the City of Elk River does hereby
ordain as follows:
Section 1: Section 900.08
Ordinances is hereby amended to add
which shall read as follows:
of the Elk River Code of
the following definitions
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THERAPEUTIC MASSAGE. The practice of rubbing, stroking,
kneading, tamping, or rolling of the body with the hands
or any instrument, for the exclusive purpose of
relaxation, physical fitness, or beautification, and for
no other purpose, by a person not licensed as a medical
doctor, chiropractor, osetopath, podiatrist, nurse, or
physical therapist, or an assistant who works solely under
the direction of any of the above-described professionals,
or beautician and barber who confine their treatments to
the scalp, face, and neck.
THERAPEUTIC MASSAGE ESTABLISHMENT. An
the business of providing Therapeutic
either to the public or as a private club.
establishment in
Massage services
MASSAGE THERAPIST. A person who practices or performs
Therapeutic Massage on a person for compensation and meets
the licensing requirements set forth in subsection 704.20
of this section.
ON-SITE CHAIR MASSAGE. A Massage performed by a
licensed Massage Therapist at any location other than a
Therapeutic Massage establishment. On-site Chair Massage
shall be confined to massage for relaxation purposes only
of the face, neck, and shoulders area of a person fully
clothed and not lasting more than 15 minutes.
SAUNA. The terms "sauna," "steam bath," or
"heat-bathing room" mean a room used for the purpose of
bathing, reducing, or relaxing utilizing steam or hot air
as a cleansing, reducing, or relaxing agent. For purposes
of this ordinance, the term "sauna" does not apply to a
sauna or steam room located within a hotel, motel, health
club, or athletic facility.
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Section 2: Section
Ordinances is hereby
subsections, which make
conditional use in certain
900.12 of the Elk
amended to add the
Therapeutic Massage
commercial zones:
River Code
following
and Sauna
of
new
a
900.12(10)(c)(xii) - Therapeutic Massage and Sauna Establishment
900.12(11) (c) (xiv)-Therapeutic Massage and Sauna Establishment
900.12(12) (c) (xxv)-Therapeutic Massage and Sauna Establishment
Section 3: Section 900.25 of the Elk River Code of
Ordinances is hereby amended as follows:
(1) Section 900.25 (2) (e) "massage" is deleted.
Section 4: Section 900.25 of the Elk River Code of
Ordinance is hereby amended as follows:
(1) Section 900.25 (4)(a) Therapeutic
Establishments operated as home occupations
to obtain a conditional use permit.
Massage and Sauna
shall be required
Passed and adopted by the Elk River City Council this 20th day
of December, 1993.
Henry A. Duitsman, Mayor
ATTEST:
Sandra Thackeray, City Clerk
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TO:
PLANNING COMMISSION
STEVEN B. ACH, CITY PLANNER~
NOVEMBER 23, 1993
FROM:
DATE:
SUBJECT: CODE AMENDMENT REQUEST BY THE
CITY OF ELK RIVER/PUBLIC HEARING,
CASE NO. OA 93-08
REQUESTED ACTION
Consider an amendment to the City Code allowing therapeutic
massage and sauna establishments as conditional uses in
commercial districts and as a home occupation in accordance
with the standards set forth in Section 900.25.
PREVIOUS ACTION BY PLANNING COMMISSION
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The Planning Commission tabled this item until the November 23,
1993, meeting allowing time to review additional information
pertaining to therapeutic massage. In addition, the Commission
indicated concern with therapeutic massage being permitted as a
home occupation. Staff has revised the proposed ordinance to
require all therapeutic massage home occupations. obtain a
conditional use permit.
BACKGROUND
Staff has received approximately 1-2 calls per month from
people inquiring about permits and license for a therapeutic
massage business. To accommodate these requests, the City
Council recently approved a, massage ordinance establishing
licensing requirements to ensure safe and responsible business
operation.
As a fOllow-up to this Council action, zoning ordinance needs
to be amended specifying therapeutic massage and sauna
establishments as allowable uses in the commercial zoning
districts. In addition, the home occupation section needs to
be amended removing "massage" as a prohibited use as a home
occupation.
ANALYSIS
The profession of therapeutic massage has become popular over
the past years. Previously, therapeutic massage was lumped
together with adult oriented businesses, however, these uses
have taken separate courses and are regulated on their own
merits by most communities.
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Staff is recommending the ordinance
therapeutic massage and saunas as
commercial districts. By requiring a
be amended to allow
a conditional use in all
conditional use permit,
P.o. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 .. (612) 441-7420 · Fax: (612) 441-7425
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Ordinance AmendmenL. OA 93-08
November 23, 1993
Page 2
the Planning Commission and City Council will be given the
opportunity to review each applicant's request and, as a
courtesy, inform the surrounding neighbors of the business.
Secondly, the home occupation section needs to be amended to
allow therapeutic massage as a home occupation. The business
of therapeutic massage in this instance, is proposed to be
authorized by a conditional use permit. Therapeutic massage
businesses that operate as home occupations will still need to
obtain a license from the City Council.
Lastly, the definition section will need to be modified by
including certain key words that will assist in administering
interpretation of the zoning ordinance as it relates to
therapeutic massage businesses. These definitions were created
by the City Attorney's research of other communities and legal
implications.
STAFF RECOMMENDATION
Staff recommends approval of the code amendment as drafted to
amend various sections of the City Ordinance to allow the use
of therapeutic massage and sauna establishments as conditional
uses in all the commercial districts, removing "massage" as a
prohibited use ~s a home occupation, including therapeutic
massage home occupation as a conditional use, and including
certain key words in the definition section of the City
ordinance.
Elk River Planning Comn._dsion Minutes
October 28, 1993
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ordinance. Steve Ach replied that there is no percentage of green
space requirement in the ordinance however, requests of this nature
must meet parking and building setbacks. Further, maybe the Commission
would like to review the setbacks versus trying to establish a minimum
percentage regarding green space. It was the consensus of the
Commission to discuss this further at a future workshop.
8.
Code Amendment Reauest bv The City of Elk River, Case No. OA 93-08
Staff report presented by Steve Ach. The City of Elk River requested
an amendment to the City Code allowing therapeutic massage and sauna
establishments as a conditional use in commercial districts and as a
home occupation in accordance with the standards set forth in Section
900.25.
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Commissioner Eberley commented that some neighbors would not be
notified of a public hearing regarding this type of use if it is
allowed to be a permitted home occupation. She feels this use should
be limited to a conditional use permit request process and subject to
the requirements for a conditional use. Discussion among the
Commissioners continued regarding this type of use as a home occupation
versus a conditional use. It was also the consensus of the Planning
Commission that they would like the opportunity to review the
therapeutic massage and sauna establishment ordinance recently approved
by the City Council. The Planning Commission's concern is to ensure
that the language within the therapeutic massage and sauna
establishment ordinance does not conflict with the Sexually Oriented
Land Use ordinance adopted by the City.
COMMISSIONER EBERLEY MOVED TO TABLE THIS REQUES+ UNTIL THE NOVEMBER 23,
1993, PLANNING COMMISSION MEETING TO RESEARCH THIS ISSUE FURTHER DUE TO
THE FOLLOWING REASONS:
1. THE PLANNING COMMISSION WOULD LIKE TO CAREFULLY CONSIDER THE
REMOVAL OF THE WORD "MASSAGE" FROM Th"E HOME OCCUPATION ORDINANCE
FOR POSSIBLE IMPLICATIONS NOT YET RESEARCHED OR IDENTIFIED.
2.
TO ALLOW TIME TO COMPARE THE APPROPRIATE SECTIONS
ORDINANCES.
OF
THE
3. TO ALLOW TIME TO EXAMINE THE LICENSE AND DOCUMENTS APPROVED BY THE
CITY COUNCIL.
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 7-0.
9.
Review Tax Increment District No. 12
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Staff report presented by Steve Ach - Tax Increment Financing Plan for
Tax Increment Financing District No. 12. The Planning Commission
requested that in future requests, staff's memo include reasons why the
request is consistent with the Comprehensive Plan. The Planning
Commission had comments and suggestions regarding TIF in general and
this particular proposal. Discussion ensued.
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Elk River Planning Commission Minutes
November 23, 1993
Page 4
code issues and a possible E occupancy use designation. Commissioner
Spotts explained the term "at risk" students. Commissioner Tacheny
added discussion regarding barbed wire fencing in C3 zones. Discussion
between the Commissioners ensued.
COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE
PERMIT REQUEST TO AMEND THE PUD DEVELOPERS AGREEMENT FOR BARRINGTON
SQUARE ALLOWING INSTITUTIONAL USES, AND SITE PLAN REVIEW BY R.E.P. LTD
(GARY SANTWIRE), CASE NO. CU 93-37, NOTING THE REQUEST IS CONSISTENT
WITH THE COMPREHENSIVE PLAN, CITING STAFF'S MEMO DATED NOVEMBER 23,
1993, WITH THE FOLLOWING CONDITIONS:
1. THE NUMBER OF STUDENTS BE LIMITED (PER SHIFT) BASED ON THE TOTAL
NUMBER OF PARKING STALLS AVAILABLE.
2. A JOINT PARKING AGREEMENT FOR LOTS 1, 2, AND 3, BARRINGTON SQUARE
BE RECORDED, IF NECESSARY TO MEET CONDITION NUMBER 1.
3. SIGNAGE MEET C3 STANDARDS.
4. ALL THE CONCERNS OF THE BUILDING OFFICIAL RELATED TO STATE
BUILDING CODE BE ADDRESSED.
5.
THE BARBED WIRE LOCATED ON THE TOP OF THE CHAIN LINKED FENCE (BACK
OF PROPERTY) BE REMOVED IF A COMPLAINT IS RECEIVED OR IT BECOMES A
SAFETY HAZARD.
6.
THE DAY TO DAY ACTIVITIES WILL NOT
SURROUNDING PROPERTY OWNERS.
ADVERSELY
AFFECT
THE
COMMISSIONER EBERLEY SECONDED THE MOTION.
Commissioner Tveite abstained.
THE MOTION CARRIED 6-0.
8. Code Amendment Reauest By the City of Elk River/Public Hearing, Case
No. OA 93-08
Staff report presented by Gary Schmitz. The City of Elk River is
requesting an amendment to the City Code allowing therapeutic massage
and sauna establishments as conditional uses in commercial districts
and as a home occupation in accordance with the standards set forth in
Section 900.25.
Chairman Minton opened the public hearing. There being no comments
from the public, Chairman Minton closed the public hearing.
For the record, Commissioner Eberley stated that she did appreciate all
the information provided by staff in reviewing this request. She found
the information very helpful. Commissioner Tveite stated the request
was consistent with the Sexually Oriented Land Use Ordinance.
COMMISSIONER KREGER MOVED TO APPROVE THE CODE AMENDMENT REQUEST BY THE
CITY OF ELK RIVER TO AMEND VARIOUS SECTIONS OF THE CITY ORDINANCE
ALLOWING THE USE OF THERAPEUTIC MASSAGE AND SAUNA ESTABLISHMENTS AS
CONDITIONAL USES IN ALL COMMERCIAL DISTRICTS, REMOVING "MASSAGE" AS A
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Elk River Planning Commission Minutes
November 23, 1993
Page 5
PROHIBITED USE AS A HOME OCCUPATION, INCLUDING THERAPEUTIC MASSAGE HOME
OCCUPATION AS A CONDITIONAL USE, AND INCLUDING CERTAIN KEY WORDS IN THE
DEFINITION SECTION OF THE CITY ORDINANCE, CITING STAFF'S MEMO DATED
NOVEMBER 23, 1993. COMMISSIONER TVEITE SECONDED THE MOTION. THE
MOTION CARRIED 7-0.
9.
Other Business
Commissioner Tveite updated the Planning Commission on the City Council
meeting regarding the Elk park Center.
Chairman Minton commented on the Big Lake Planning commission meeting
he recently attended.
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The Planning Commission would like
resignation of Commissioner Donald
contributions to the community and
Commission were outstanding.
to acknowledge acceptance of the
spotts. Commissioner spotts'
quality of work for the Planning
10. Adjournment
There being no further business, COMMISSIONER TVEITE MOVED
THE MEETING. COMMISSIONER TACHE NY SECONDED THE MOTION.
CARRIED 7-0.
TO ADJOURN
THE MOTION
The meeting of the Elk River Planning Commission adjourned at approximately
8:45 p.m.
Respectfully submitted,
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Catherine M. Schmidt
Recording Secretary