5.3. SR 06-15-2009 - Laserfiche WebLink

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J/ 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.