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3.7. SR 05-04-2009ilk /~ River REQUEST FOR ACTION To Item Number ~i ou~,cia. ~.~~ Age~td ectivn Mee~ir~g Dade Prepared by onent a 4, ~~09 ~h~is Leeseber , ~'a~k ~'lanner-Planner Item Descr~iptlon Revie~red b~ ~.uthori~atia~ to .mend the Dow~tow~ Distxict to Re~ra.ave the erern ~a~nha~'t, Fannin Nana er 'Therapeutic Massage La~.guage from the o~.ditional Use Reviewed by l~er1771t ~~~g~g~ Ac~i~n ~t~quested Staff requests aut~.Q~i~~tion to fnove ~o~-ward with an ordnance amend~ne~t for the I~owntow~ Disttict to ienaove the ~er~~euti~ ~aassa~ language ~'roin the ~o~ditional Use Permit language. ur•nma In ~00~ the pity council considered aid approved an anae~.d~nent to the ~on..g ordinance to allow ~~era~eu~c a,~s~e as a per•~nitted use and to amend the definition of~erso~~l ~~~vi~~e ~stab~i~~e~~ to specifically include therapeutic massage, "his effectivel~r allowed therapeutic massage to he a perx~itted use in all ~o~in districts. Z~ 203 the ~it~ ou~.cil established a downtown District ion. district. '1"he ~a.z~g d~st~ict language indicates ~crsan~l service es~~blir~e~~~ as a permitted use which therapeutic massage is now allowed as of ~~~} but the district also fists ~be~e~tac r~ussa~ c~~ sau~~ es~~blis~~aen~,s as a ~onditio~aa~ Use Per~~it. Staff believes this was overlooked whey. the district was created. If the amendrrae~.t is author•i~ed, this tte~ will go to 1'ia~ning ~orr~t~issia~. aid its council as a public hearing at a future date, ~4tta~hments • Pexsonal Service ~stablishtnent l~efiniti~n ~ Da~rnt~wn ~istfict Uses • .~prii 15, 20~21VIemo G~IOf1 ~o~a~ by ..~. ~e~and b~ ~ dote ~. ~~Ilav~r U~ Perso~dlse~ice es~~blis~~reta~ ~ne~.ns a place where, for a fee, personal sei~rices are provided to i1ldi~idu.als on the premises, Such uses trdi~ioilally include laeauty parlar~, and tarmirig salar~s. T`l~erapeutic massage establisl~rnents when operated by a certified, licensed ~~ the city massage therapist shall be considered a personal service establishment, dec. 30-1~~6~ ~owl~town district. ~a~ Purse. As Downtown. ilk vex: changes, future preseation as well as any new construction should reinforce tl~e general character and quality of the existing downtown, The design of 11ew construction should take iixto consideration the location of the proposed buildings} as well as incorporate traditional design elemeiltS a11d teclln~ques that are CU~r~Iltly represented 111 exlstfllg structures, The intent of the Downtown district is to preserve this distil~ctive character with the appearance that tlieie arc multiple buildings that are distinctly different ffom one another yet will allow a Uniform mass of building with the appearance of vertical separation, These standards shall be the framework for any new de~elopme~~t and desig~~s shall strive for creative traditional architectural character, while clearly being a~~ expressia~~ of the architecture of its o~rn time. ~~ I~erYr~r'ed x1~es. The fallawrng uses shall be permitted uses in the downtown district, s~~bject to the design standards set Earth in sul~sectians ~e~ and ~~ and the site plan revleu~ process set forth ~.~, subsection Uf t111s S~Ct1a1~, ~i~ ~usii~ess and professional offices. ~2~ financial institutio~~s. ~3~ li.etail stares gild shops, ~4} ~:1~~~~e:e~~a~li~~~~nf~ar .~ s.~...~...~,.. ~, .~,...... ~a.---...~ .s. ~~~ outpatient health caare facilities, ~~~ Multiple family dwellings provided that business ~cammeicial uses at street level accup~r dxe .oar. hotels. ($~ Restaurants, ~~lass ~, ~~~ T'ublic parksF ~c} t~~cesso~y r~~es. accessory uses in the Dawi~tawn district are as follows: ~1~ off street parking facilities. ~~~ off street laadi~~g facilities. ~3~ Telephone booths. ~4} Private recreational facilities. ~~~ Public shelters and essential set~vices. ~G~ ~a1e of firearms. ~~ Te~nparary signs as permitted in section 34,$51 et seq. ~$~ Permanent signs. ~d} Co~d~tr~~~l ~r~es, The fallowing uses shall be canditianal uses ii1 the Downtown district, subject to the design standards set forth iii subsections ~e~ and ~~ a~ad the proced~~res and standards for the ~~pproval of candidai7al use peiYnits set faith t11 sections 3U-C51 through 30-5~ of this chapter: ~~} Nailprafit clubs, lodges a~ balls, ~2~ Licensed daycare facilities. ~3} )•nstitutional uses. ~4~ ~omnlercial and residential parl~tlg fats and ramps. ~5~ Multiple fainily dwellings without commercial ail first floor. ~G} Dn-sale liquor: establislalxients, ~7} Colnnlercial recreational facilities, ~8} ~on~renience store. ~9~ runeral parlor. ~14~ dingle-family dwellings. ~11~ l~.esta~~rants, ~~lass l~, ~i ~~ over~~ne~xtal buildings ar~d facilities. ~13~ Produce markets. ~, ...M.~.~.~_ .....................~~..~~_.. ~..~.~...........:~. _:~:::;::::::::...............:~:~::: ~~... ~15~ Dr~r cleaning establishment. ~1 G~ ~ovexllinental offices, ~terr~ # 6. I ~. cny or Elk ---, River MEMORANDUM To: Mayer and pity council FROM Michele McPherson Director of Planning DATE; April i5, ~0~~ UBJET: base ~Vo. oA 4~~~1 Request by the pity of EII~ River for an Aimend~nent to the caning bode to alloy therapeutic rr~assage as a permitted a~ccessor~r use in certain districts and to amend the definition of `personal service estabiishr~ent". Re oast a~.s~de~ a request by the its of Ells Ri~ef to a~ne~d the zoning o~di~.a~ce to allow the~:a~eu~c ~an.assage as a~. accessoiy use and to amend the defit~i~iot~ of ~e~sonal ser~rice estab~.s~~ent to speci~tcallp include the~~a~eutic massage. This request would include adding the~a~e~atic massage as ate accessory use in the Business Pafl~ ~.st~ict ~.s pfafession~,1 offices, including medical af~ices, ~~e a ~e~•tnitted use ~ the Bui~tess ~'arl~ dis~tict, Attachments • changes to the ~or~ng ~id~ance • ~rdiriance l~To 02- ~r~~,rvi~w ~~isting ~rciance The~a~eutic massage is currently allowed as a condi~iot~al use in the following districts: ~ Central Business, ~~ ~Of~ice ~is~.•ic~~, 3 ighwa~ otne~cial~ and as ~ conditiot3~. ha~ne occu~a.tion in all ~eside~xtial districfs. ~ ~earX~ license is also required ~~hapte~ ~0~~. ~- l~s~s Because medical clinks, chiro~xac~.c cli~aic a~.d ~ersanal sei~ice estahlish~ne~ts often include thera~eu~ic massage as a fo~~n o£ t~:ea~.x~ent o~• as at1 accessot~ se~~ice, these Memo to the Mayor and City Co~n~ilf~A ~~~0 I ~4pril 15, ~~~~ gage ~ businesses, which axe usually a permitted use, have to o th~.•ough the conditional use process. ~on.ditio~al uses a~.•e those that might result ~ adve~•se ~npacts and the conditional use per~iit piocess p~avides a means b~ which the City can address those adverse impacts. Since the~•e arc got any adverse impacts ass~cia,ted v~ith therapeutic rn~,ssage as an accessory use, it appears that it could be allowed as a permitted accessor ~xse~ The business oar person providing the sc~.~ice would still ha~re t~ apply fof a ~rearly license. any concef~ns that the Council. nay have could be addressed at that .time. Staff has also considered a~owi~. therapeutic f~.assae as a stand-alone use. ~ assage- therapybusiness would have the safne type of impacts as a pe~~sonal ser~rice establish~n,e~t~ ~erso~.al service establishments include beauty parlors, taming salons and y place whefe, for a fee, personal services are p~;ovided t~ ~dividuals on die premise. because therapeutic massage fits the def~niti~n of a pe~~sonal sef~vice establishment, it should be txeated as sucha ~ therapeutic massage business would still be requixed to apply fat a yea~:ly license f~io~x~ the City Council under Chaptef X04 of the City Code. ~t the Feb~~a~t`y ~~, ~~4~ meeting, the ~afntn.isSion e~pfessed ce~ta,in .~•escrvatians regarding a~.owing therapeutic massage as a stand-alone estabiish~.ent. Staff leas fevised the definition of personal se~.-vice establishment to acl~tlawledge the certtficatian at~d license rcquiteinents in the ordina~nce~ ~ copy of chapter X04 is included to illustiate the ~:equem.en.ts of the profession, The City has a sexually oriented business o~•dinance that addresses any "seedy" operations. ~~~,nn~n~ Corr~~ssr~n ~4cti~~ ~t its .~pril 9, ~00~ pectin, the planning Camrnissian voted una~i~x~ously t~ recone~~.d approval of the amended language to the pity council. Rec~r~nn~en~ation~ Staff ~ecoxxlix7,ends that therapeutic ~na,ssage be allowed as an accesso~~y use to the following: ~ ~nedfcal clinics • chi~:opractic clinics • personal service establishments Therapeutic massage would still redluire a condit~otlal use permit if a person ura.r~ted to do it as a ha~ne occupation, Staff also reco~nme~.ds that the definition of "pe~sanal service establishment" beamended to specifically include therapeutic massage, l~ppro~ral of the attached ordinance will accomplish the above.