5.3. SR 06-15-2009REQUEST FOR ACTION
To Item Number
Ci Council 5.3.
Agenda Section Meeting Date Prepared by
Communi Develo ment une 15, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment to erem Barnhart, Plannin Mana er
Land Use Regulations Regarding Massage Therapy in the DT Reviewed by
Downtown District, Case No. OA 09-03 -Public Heating
Action Requested
Staff and the Planning Commission recommend the City Council approve the ordinance amendment as
drafted.
Background/Discussion
At the May 4, 2009 Council meeting, the City Council gave staff authorization to move forward with an
ordinance amendment for the Downtown District to remove the therapeutic massage language from the
Conditional Use Permit language.
Planning Commission Discussion
No one spoke at the public hearing. The Planning Commission unanimously recommended approval of
the request.
Attachments
Planning Commission Memo dated June 9, 2009
Ordinance No.
Action Motion by Second by Vote
Follow Up
S:\PI,ANNING MAIN\Case Files\OA\OA 09-03 Downtown Massage Therapy\OA 09-03_CC.doc
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cty or
Elk.
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2
Agenda Section Meeting Date Prepared by
Plannin Items une 9, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment to erem Barnhart, Plannin Mana er
Land Use Regulations Regarding Massage Therapy in the DT Reviewed by
Downtown District, Public Hearing -Case No. OA 09-03
Action Requested
Staff recommends the Planning Commission recommend approval the ordinance amendment as drafted.
Attachments
• Proposed Language
Background/Discussion
In 2002 the City Council considered and approved an amendment to the zoning ordinance to allow
therapeutic massage as a permitted use and to amend the definition of personal service establishment to
specifically include therapeutic massage. This effectively allowed therapeutic massage to be a permitted
use in all zoning districts.
In 2003 the City Council established a Downtown District zoning district. The zoning district language
indicates personal service establishments as a permitted use (which therapeutic massage is now allowed as of
2002) but the district also lists therapeutic massage and sauna establishments as a Conditional Use Permit. Staff
believes this was overlooked when the district was created.
At their May 4, 2009 the City Council gave staff authorization to move forward with an ordinance
amendment for the Downtown District to remove the therapeutic massage language from the Conditional
Use Permit language.
Personal service establishment means a place where, for a fee, personal services are provided to
individuals on the premises. Such uses traditionally include beauty parlors, and tanning salons.
Therapeutic massage establishments when operated by a certified, licensed (by the city) massage
therapist shall be considered a personal service establishment.
Sec. 30-1026. Downtown district.
(a) Purpose. As Downtown Elk River changes, future preservation as well as any new construction
should reinforce the general character and quality of the existing downtown. The design of new
construction should take into consideration the location of the proposed building(s) as well as
incorporate traditional design elements and techniques that are currently represented in existing
structures.
Case File: OA 09-03 Downtown Ordinance
Page 2 City of Elk River
The intent of the Downtown district is to preserve this distinctive character with the appearance that
there are multiple buildings that are distinctly different from 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 development and designs shall strive for creative traditional architectural character,
while clearly being an expression of the architecture of its own time.
(b) Permitted uses The following uses shall be permitted uses in the downtown district, subject to
the design standards set forth in subsections (e) and (f) and the site plan review process set forth in
subsection (g) of this section:
(1) Business and professional offices.
(2) Financial institutions.
(3) Retail stores and shops.
('-~) Pcrs~uial s~~c~-icc csrablishnticnrs.
(5) Outpatient health care facilities.
(6) Multiple family dwellings provided that business /commercial uses at street level occupy the
floor.
(7) Hotels.
(8) Restaurants, (Class ~.
(9) Public parks.
(d) Conditional uses. The following uses shall be conditional uses in the Downtown district, subject
to the design standards set forth in subsections (e) and (f) and the procedures and standards for the
approval of conditional use permits set forth in sections 30-651 through 30-659 of this chapter:
(1) Nonprofit clubs, lodges or halls.
(2) Licensed daycare facilities.
(3) Institutional uses.
(4) Commercial and residential parking lots and ramps.
(5) Multiple family dwellings without commercial on first floor.
(6) On-sale liquor establishments.
(7) Commercial recreational facilities.
(8) Convenience store.
(9) Funeral parlor.
(10) Single-family dwellings.
(11) Restaurants, (Class II).
(12) Governmental buildings and facilities.
(13) Produce markets.
(1 ~j ~l~hcra~c~~tic ma~sa~c anal s;tuna cstal>lisl~n~cnr~.
(15) llry cleaning establishment.
(16) Governmental offices.
Q1Ct10Il Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\OA\OA 09-03 Downtown Massage Therapy\OA 09-03_PC.doc
ORDINANCE 09 - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 30-1026 ~~DOWNTOWN DISTRICT"
OF THE CITY CODE OF ORDINANCES
Case No. OA 09-03
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1026 titled Downtown district, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
Section 30-1026
(d) Conditional uses. The following uses shall be conditional uses in the Downtown district, subject
to the design standards set forth in subsections (e) and (~ and the procedures and standards for the
approval of conditional use permits set forth in sections 30-651 through 30-659 of this chapter:
(1) Nonprofit clubs, lodges or halls.
(2) Licensed daycare facilities.
(3) Institutional uses.
(4) Commercial and residential parking lots and ramps.
(5) Multiple family dwellings without commercial on first floor.
(6) On-sale liquor establishments.
(7) Commercial recreational facilities.
(8) Convenience store.
(9) Funeral parlor.
(10) Single-family dwellings.
(11) Restaurants, (Class II).
(12) Governmental buildings and facilities.
(13) Produce markets.
(14) sauna establishments
(15) Dry cleaning establishment.
(16) Governmental offices.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 15th day of
June, 2009.
Attest:
Stephanie Klinzing
Mayor
Tina Allard
City Clerk