05-10-2018 Planning Commission Packet

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principal use, without being licensed as provided in this Chapter. City code allows up to three licenses for massage therapy as a principal use within the City. Currently, there is only one massage therapy as a principal use license issued. The following are additional licensing requirements for massage therapy as a principal use: • The initial application for a license by a business shall be made by completing an application form provided by and containing such information as required by the City and by paying a one- time non-refundable initial application fee as established by City Council resolution. • If the application for a license under this Chapter is granted, the fee above shall be the first year’s license fee. Thereafter, the license fee shall be as established by City Council resolution. A separate license shall be obtained for each place of business. • A license for massage therapy business license as a principal use shall be reviewed annually. No license approved by the City grants the licensee a property right or entitlement to a license. The City Council may refuse to issue, refuse to renew, or may suspend or revoke a license for any reason, and the City will not incur liability for any damages including, but not limited to, direct, consequential, or incidental damages, deprivation of property, loss of income, loss of profits, or loss of livelihood. • No person shall provide massage therapy as a principal use without being licensed individually as provided in Section 2202.040 of the Little Canada City Code. All persons licensed for massage therapy as a principal use shall be subject to the provisions of Sections 2202.030, 2202.050, 2202.060, and 2202.070 of the Little Canada City Code. The City Clerk handles the licensing for Massage Therapy and will confirm that the applicant complies with all applicable licensing requirements within Sections 2202, Massage Therapy as an Accessory Use & Section 2203, Massage Therapy as a Principal Use. Approval of the Massage Therapy License will be on the City Council agenda for May 23, 2018. Recommendation – The Zoning Ordinance contains a provision for allowing Massage Therapy in the B-3 District and the proposed use appears to meet the conditions for approval. City staff is not aware of any concerns for insufficient parking for this office building. The small scale business that Mr. Smith has proposed seems to be adequate for the site. Staff recommends approval of a Conditional Use Permit for Massage Therapy as a Principal Use at 100 County Road C West, Suite 202 subject to the following conditions: 1) A site plan being submitted that shows the dedicated parking for tenant and their clients of 100 County Road C West. This site plan will need to be reviewed and approved by Planning Staff prior to the massage therapy license being issued. 2) A Massage Therapy License being issued.