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HomeMy WebLinkAbout03-07-2012 PLANNING COMMISSION REGULAR MEETING AGENDA March 7, 2012 -- 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Minutes: December 7, 2011 4. Citizens Requests and Comments Relating to Planning and Zoning Issues Not Already on the Agenda. (Before speaking, please give your full name and address for the record.) 5. Planning Cases None 6. Other Planning Activity A. Review Proposed City Code Amendment to Allow Massage Therapy as a Home Based Business B. Chapter 1121.09 Code Amendment about Detached Parking Areas 7. Next Planning Commission Meetings: A. March 21, 2012 B. April 4, 2012 8. Adjourn to Agenda Session AGENDA SESSION 1. Review Minutes: a. January 18, 2012 2. Staff Reports a. Upcoming Planning Cases 3. Chairperson and Planning Commissioners’ Reports 4. Meeting Conclusion PROCEEDINGS OF THE MOUNDS VIEW PLANNING COMMISSION CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 18, 2012 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ______________________________________________________________________________ 1. Call to Order The meeting was called to order by Chair Stevenson at 7:00 p.m. for January 18, 2012. ______________________________________________________________________________ 2. Roll Call Members Present: Commissioners Cramblit, Meehlhause, Miller, Rundle, Schiltgen, Stevenson and Smith. Absent and Excused: None. Also Present: Planning Associate Heidi Heller. ______________________________________________________________________________ Index to Minutes Page Special Order of Business 1 Election of Officers 2 Approval of Minutes 2 Discussion on a City Code Amendment to Allow Massage Therapy As a Home Based Business 2 Discuss Updated Language for Chapter 1121.08 Code Amendment 4 _____________________________________________________________________________ 4. Special Order of Business A. Oath of Office for Re-Appointed Commissioners Planning Associate Heller administered the Oath of Office to reappoint Planning Commissioners Gary Meehlhause, Gary Stevenson and Jean Miller. B. Election of Officers – Chair and Vice-Chair Commissioner Meehlhause nominated Gary Stevenson as the Chair of the Planning Commission. Chair Stevenson accepted this nomination. Mounds View Planning Commission January 18, 2012 Regular Meeting Page 2 ________________________________________________________________________ MOTION/SECOND: Commissioner Meehlhause/Commissioner Smith. To elect Gary Stevenson as the Chair of the Planning Commission for 2012. Ayes – 7 Nays – 0 Motion carried. Commissioner Cramblit nominated Gary Meehlhause as the Vice Chair of the Planning Commission. Commissioner Meehlhause accepted this nomination. MOTION/SECOND: Commissioner Cramblit/Commissioner Rundle. To elect Gary Meehlhause as the Vice-Chair of the Planning Commission for 2012. Ayes – 7 Nays – 0 Motion carried. 4. Approval of Minutes November 16, 2011. MOTION/SECOND: Commissioner Cramblit/Commissioner Schiltgen. To approve the Minutes of the November 16, 2011 regular Planning Commission meeting as slightly amended. Ayes – 7 Nays – 0 Motion carried. 5. Citizens Requests and Comments on Items Not on the Agenda None. ______________________________________________________________________________ 6. Planning Cases None. _____________________________________________________________________________ 7. Other Planning Activity A. Continue Discussion on a City Code Amendment to Allow Massage Therapy as a Home Based Business Planning Associate Heller informed the Commission that at a previous meeting the Commission discussed a Code Amendment that would allow massage therapy as a home based business. She explained that at this time, City Code requires massage therapy to take place in a B-2 or higher zoning district. The Council received a request from a Mounds View resident who is a massage therapist to allow this as a home business. Mounds View Planning Commission January 18, 2012 Regular Meeting Page 3 ________________________________________________________________________ Associate Heller indicated the Planning Commission was not comfortable with allowing this use in residential zoning districts without a public hearing and notification to neighboring properties. She reviewed how the City of White Bear Lake handles massage therapy in residential homes through a Special Home Occupation Permit that uses the conditional use permit process. She stated a similar Special Home Occupation Permit process could be created by the City, but the approval would not be recorded with Ramsey County or run with the land like a typical conditional use permit does. She recommended that the Special Home Occupation Permits be reviewed on a regular basis. She indicated the proposed permit process would require a public hearing as desired by the Planning Commission. Chair Stevenson questioned if the changes needed for City Code Chapter 514 regarding massage therapy would require an amendment. Associate Heller indicated that several sections of the City Code would likely need to be amended to add this new permit process. Chair Stevenson was in favor of the massage therapy use with notification to the neighbors, but without holding a formal public hearing. He indicated this would make neighbors aware of the home occupation. Associate Heller stated a 10-day comment period could be allowed to give neighbors a chance to object or provide comments to City Staff. She indicated any issues could be brought to the Council’s attention prior to approval. Chair Stevenson asked if massage therapy would be allowed in all residential properties. Associate Heller explained the Commission would have to decide if massage therapy should be allowed in single-family homes, duplexes, manufactured homes, rental properties, apartments, townhomes, etc. She was comfortable with allowing massage therapy in all residential zoning districts so long as the applicant receives approval from the property owner, if the applicant is not the owner. Commissioner Cramblit did not want to limit residents who live in rental property. Chair Stevenson questioned if the hours of operation should be limited. Commissioner Meehlhause did not feel the hours of operation for this service needed to be limited. Associate Heller agreed stating it would be difficult to enforce hours of operation limitations. Chair Stevenson directed Staff make the necessary revisions to the proposed City Code amendment and bring the information back to the Commission for further discussion. ______________________________________________________________________________ Mounds View Planning Commission January 18, 2012 Regular Meeting Page 4 ________________________________________________________________________ B. Discuss updated language for Chapter 1121.08 Code Amendment Planning Associate Heller discussed the Chapter 1121.09 proposed code amendments with the Commission. She indicated parking areas that are detached from the driveway was becoming a concern. City Staff was recommending that if the detached parking area is being utilized on a regular basis, it should be serviced by an improved driveway that connects to the original driveway, and is only accessed by the original driveway curb cut. This code amendment is to assure that residents were not driving over curbs to access separate parking areas. Chair Stevenson questioned why the existing code language was limiting parking areas to five or more vehicles. Associate Heller indicated the code was actually stating that if a property owner was planning to install a parking lot with marked parking stalls, then a City review of the plans must be done. It was not limiting typical residential driveway parking. She noted this was more applicable for four-plexes or other larger rental housing buildings. Chair Stevenson asked if the Commission had to take action on the Resolution this evening. Associate Heller stated the information could be reviewed and discussed, and action could take place at a future meeting if the Commission chooses. Chair Stevenson suggested the section addressing surfacing and drainage be made a separate paragraph and further clarified. The Commission agreed with this recommendation. Chair Stevenson requested staff make the discussed changes and bring the Resolution back at a future meeting for action. ______________________________________________________________________________ 8. Next Planning Commission Meeting: A. February 1, 2012 B. February 15, 2012 ______________________________________________________________________________ 9. Adjournment to Agenda Session There being no further business before the Planning Commission, Chair Stevenson adjourned the meeting at 7:35 p.m. ______________________________________________________________________________ Mounds View Planning Commission January 18, 2012 Regular Meeting Page 5 ________________________________________________________________________ (The meeting immediately adjourned to the Agenda Session) Respectfully submitted, Heidi Heller Planning Associate Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Item No: 6A Meeting Date: March 7, 2012 Type of Business: Discussion City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Discuss Code Amendment to Allow Therapeutic Massage as a Permitted Home Occupation Introduction: At a City Council meeting in October, a resident asked the Council whether they would be willing to amend the City Code to be more permissive toward allowance of “massage therapy” as a home based business in Mounds View. The City Council then discussed the idea at their November work session. The City Council supports amending the City Code, and has asked that the Planning Commission take on how this should be accomplished. Discussion: Massage Therapy is a licensed business activity in Mounds View. The regulations pertaining to massage therapy can be found in Chapter 514 of the Mounds City Code, originally adopted in 1996 via Ordinance 583. There are many licensing and zoning requirements associated with such a business and they are expressly permitted only in the B2, B3 & B4 commercial business zoning districts. Such a use is not permitted in a residential zone or as a home- based business, as indicated in Section 514.10, Subd. 2, regarding locations ineligible for a therapeutic massage license. This clause reads, “A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code.” At the December 7, 2011 Planning Commission meeting, the Commission discussed options about how to amend the City Code to allow massage therapy as a home based business. The Commission felt that the use should not simply be allowed, but that some sort of city action should be taken to permit this business use in a residential district. The Commission decided that a conditional use permit seemed to be the best way to accomplish this. They felt it was important to notify the neighborhood about the business activity, and the required public hearing for a CUP would accomplish that. When reviewing other cities allowances for massage therapy in residential districts, the Commission was interested in the “special home occupation permit” that the City of White Bear Lake uses, and asked staff to find more information. Staff reviewed White Bear Lake’s special home occupation permit process and discussed the idea with the Planning Commission. The Commission opted to not create a new special home occupation permit process for one type of business. After more discussion, the Commission decided that a public notification process and requiring approval from the property owner (if the massage therapist does not own the property), should be sufficient. Therapeutic Massage Code Amendment Report March 7, 2012 Page 2 The Planning Commission felt strongly about notifying the neighborhood if someone was going to run a massage therapy business in a residential district. They did not feel that an actual public hearing was necessary, but rather simply mail a notification to property owners within 350 feet. The Commission also discussed allowing a 10-day period to take comments from residents regarding the notification, and if there were any protests to the massage therapy business the City Council would review the proposal. The Commission did not want to prevent anyone from being able to operate a massage therapy business in their home, no matter what type of housing they lived in, so they chose not to limit the business to certain residential zoning districts. Although, if the applicant does not own the property they where live and intend to operate the business, the Commission recommends that a letter of approval from the property owner must be submitted to the City. Staff suggests amending Chapter 1106.03 Subd. 3 Home Occupations and adding the two requirements specific for massage therapy by deleting the stricken language and adding the underlined text as follows: Chapter 1103.03 Subd. 3. Home Occupations: The regulation of home occupations within residential structures is intended to ensure that the occupational use is clearly accessory or secondary to the principal dwelling use and that compatibility with surrounding residential uses is maintained. No home occupation shall be allowed which: a. Involves employees other than persons residing on the premises; b. Involves alteration or construction features not customarily found in dwellings; c. Has an exterior display or sign in excess of one (1) square foot. Such sign, for identification purposes only, shall be located on either the principal structure or garage. Any sign existing prior to December 29, 1972, shall not be enlarged but may be continued at the size and location upon such date, except as hereinafter specified or subsequently amended. Any sign erected after December 29, 1972, but prior to the effective date hereof shall come into compliance herewith by April 1, 1983; d. Involves exterior storage of equipment or materials; e. Generates any on-street parking. All vehicles associated with a home occupation shall be parked off-street and in compliance with the City's parking requirements; f. Results in violation of the provisions of Chapter 607, Nuisances, of the Municipal Code; and, g. Involves activity visible from the public streets. h. Day Care Center, group nursery or adult day care operating as a secondary of accessory use in a public or semi-public recreational building, neighborhood or community center, public and private educational institution limited to elementary, junior high and senior high schools, and religious institutions, such as churches, chapels, temples and synagogues; subject to the following conditions: Therapeutic Massage Code Amendment Report March 7, 2012 Page 3 (a) No overnight facilities are provided for the persons served. The individuals shall be transported to and from the facility daily. (b) All signing and informational or visual communication devices shall meet the requirements of the Mounds View Sign Code. (c) The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of two hundred feet (200’), except as provided in Section 1123.02, subdivision 1c. (d) No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premise requiring a liquor license, as provided in Section 502 of the Municipal Code, or a license for an adult establishment, as provided in Section 513 of the Municipal Code, is five hundred feet (500’) or less, except that the five hundred (500) foot requirement shall not apply to any liquor establishment receiving at least sixty percent (60%) of its annual gross sales revenue from the sale of food. (e) The operator shall secure all necessary Ramsey County or State of Minnesota licenses and approvals. i. Massage Therapy, operating as a secondary or accessory use in a private residence, subject to the following conditions: (a) Public Notification: No issuance of a new therapeutic massage license or renewal of an existing license shall be granted until all property owners within 350 feet of the residential property where the therapeutic massage will be conducted, have been notified in writing about the operation of the home based therapeutic massage enterprise. (b) If the licensed therapeutic massage therapist is not the property owner of the residential home where the therapeutic massage business will operate, written approval from the property owner must be submitted to the City. Recommendation: The Planning Commission should review and discuss the suggested code amendment to allow massage therapy as a home based business. The City Council will be discussing this at the Monday, March 5, 2012 Work Session so Staff will have feedback from the Council to share at the Planning Commission meeting. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Chapter 514 Therapeutic Massage City of Mounds View 514.01 514.01 CHAPTER 514 THERAPEUTIC MASSAGE SECTION: 514.01: Findings 514.02: Definitions 514.03: License Required 514.04: Exemptions 514.05: General Rule 514.06: License Application 514.07: Application and Investigation Fees 514.08: Application Verification and Consideration 514.09: Persons Ineligible for License 514.10: Locations Ineligible for Therapeutic Massage Enterprise License 514.11: General License Restrictions 514.12: Restrictions Regarding Sanitation and Health 514.13: License Term: Renewals 514.14: Suspension: Revocation 514.15: Temporary Therapist License 514.16: Hours of Operation 514.17: Violations and Penalties 514.01: FINDINGS. It is found and determined that: a. Persons who have recognized and standardized training in therapeutic massage, health and hygiene provide a legitimate and necessary service to the general public; b. Health and sanitation regulations governing therapeutic massage enterprises and massage therapists will minimize the risk of the spread of communicable diseases and promote health and sanitation; c. License qualifications for therapeutic massage enterprises and massage therapists will minimize the risk that such businesses and persons may facilitate prostitution and other criminal activity in the city; and d. Massage services provided by persons without recognized and standardized training in massage can endanger citizens by facilitating the spread of communicable diseases, by exposing citizens to unhealthy and unsanitary conditions, and by increasing the risk of personal injury. City of Mounds View 514.02 514.02 (Rev. 4/09) 514.02: DEFINITIONS: The terms defined in this Section have the meanings given them. Subd. 1. "Clean" means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. "In good repair" means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. "Massage" means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. "Operate" means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. “Recognized school” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of a massage therapist that requires a resident course of study that requires not less than seventy (70) hours before the student is issued a diploma or certificate of graduation. If the school or institution is located in the United States, it must have current membership in good standing in the American Massage and Therapy Association or other recognized professional massage organization. If the school or learning institution is located outside of the United States, the applicant must provide the City with decipherable documentation that shows that he or she attended a school or learning institution that is equivalent to attending a school or learning institution in the United States in both its course of study and diploma or graduation requirements. Schools offering a correspondence course not requiring actual physical attendance of class shall not be deemed a recognized school. (Added, Ord. 817, 4-2-09) Subd. 6. "Therapeutic massage enterprise" means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, sections 144.50 through 144.69. (Amended, Ord. 817, 4-2-09) Subd. 7. "Therapeutic massage therapist" means a person who practices or administers massage to the public for consideration. (Amended, Ord. 817, 4-2-09) Subd. 8. "In the City" means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services in the City. (Amended, Ord. 817, 4-2-09) City of Mounds View 514.03 514.06 (Rev. 4/09) 514.03: LICENSE REQUIRED: Subd. 1. Therapeutic Massage Enterprise: It is unlawful to operate, offer, engage in or carry on massage services in the City without a therapeutic massage enterprise license. Subd. 2. Therapeutic massage therapist license: It is unlawful to practice, administer or provide massage services in the City without a therapeutic massage therapist license. 514.04: EXEMPTIONS: A therapeutic massage enterprise license or therapeutic massage therapist license is not required for the following persons and places: a. Persons licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry, provided that the massage is administered in the regular course of the medical treatment not provided as part of a separate and distinct massage business; b. Persons licensed by the state as beauty culturists or barbers, provided the persons do not hold themselves out as giving massage treatments and provided that massage by beauty culturists is limited to the head, hand, neck and feet and the massage by barbers is limited to the head and neck; c. Persons working solely under the direction and control of a person duly licensed by the state to practice medicine, surgery, osteopathy, chiropractic, physical therapy or podiatry; d. Places licensed or operating as a hospital, nursing home, hospice, sanitarium or group home established for hospitalization or medical care; and e. Athletic coaches, directors and trainers employed by public or private schools. 514.05: GENERAL RULE: The owner or operator of a licensed therapeutic massage enterprise may employ only licensed therapeutic massage therapists to provide massage services. The owner or operator of a licensed therapeutic massage enterprise need not be licensed as a therapeutic massage therapist unless that owner or operator personally provides massage services. 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: City of Mounds View 514.06 514.06 (Rev. 4/09) (1) Whether the applicant is an individual, corporation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) The floor number, street number and rooms where the massage services are to be conducted; (4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) The name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) Other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth of the applicant and the applicant's residence address; (Amended, Ord. 817, 4-2-09) (2) If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) years preceding the date of application; (4) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; (5) Names and addresses of the applicant's employers for the preceding five (5) years; (6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; City of Mounds View 514.06 514.06 (Rev. 4/09) (7) If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of the involvement in such activity. c. For applicants that are partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1b of this Section; (2) The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, Section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: (1) The name of the organization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, Section 303.02; (3) The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision lb; (4) A list of the persons who own or have a controlling interest in the corporation or organization or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Therapeutic Massage Therapist: An application for a therapeutic massage therapist license must contain the following information: a. The applicant's name and address; b. The applicant's current employer; c. The applicant's employers for the previous five (5) years, including employer's name, address and dates of employment; City of Mounds View 514.06 514.07 (Rev. 4/09) d. The applicant's residence address for the previous five (5) years; e. The applicant's social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. If the applicant has ever used or been known by a name other than the applicant's name, and if so, the name or names and information concerning dates and places where used; h. Evidence that the applicant: (1) Has legal work status in the United States; (Added, Ord. 817, 4-2-09) (2) Has a diploma or certificate of graduation from a recognized school; (Added, Ord. 817, 4-2-09) (3) Has current insurance coverage with liability limits of at least one million dollars ($1,000,000.00) for professional liability in the practice of massage; (Amended, Ord. 817, 4- 2-09) (4) Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the City; (Amended, Ord. 817, 4-2-09) (5) In addition to the seventy (70) hours of resident study, applicant must complete at least four hundred (400) hours of certified therapeutic massage training as part of earning a diploma or certificate from a recognized school; (Amended, Ord. 817, 4-2-09) (6) Has at least one (1) year of experience practicing massage therapy as established by an affidavit. (Amended, Ord. 817, 4-2-09) i. Other information that the City Council may require. 514.07: APPLICATION AND INVESTIGATION FEES: The fees for a massage enterprise and therapist licenses are set forth from time to time by City Council resolution. An investigation fee will be charged for therapeutic massage enterprise licenses. An application for either license must be accompanied by payment in full of the required license and investigation fees, if applicable. City of Mounds View 514.08 514.10 (Rev. 5/10) 514.08: APPLICATION VERIFICATION AND CONSIDERATION: Subd. 1. Therapeutic Massage Enterprise License: The City Administrator must verify the information supplied on the license application and investigate the background, including the criminal background, of the applicant to assure compliance with this Section. Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage enterprise license, the City Administrator must make a written recommendation to the City Council as to issuance or non-issuance of the license. The City Council may order additional investigation if it deems it necessary, but must grant or deny the application within one hundred twenty (120) days of receipt by the City Administrator of the complete application and required fees. (Amended, Ord. 844, 5-20-10) Subd. 2. Therapeutic Massage Therapist License: Within ninety (90) days of receipt of a complete application and fee for a therapeutic massage therapist license, the City Administrator must grant or deny the application. Notice will be sent to the applicant upon a denial informing the applicant of the right to appeal to the City Council within twenty (20) days. If an appeal is properly made, the matter will be placed on the next available City Council agenda. (Amended, Ord. 844, 5-20-10) 514.09: PERSONS INELIGIBLE TO HOLD A LICENSE: (Amended, Ord. 817, 4-2-09) Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to or held by an individual who: (Amended, Ord. 817, 4-2-09) a. Is a minor; (Amended, Ord. 817, 4-2-09) b. Has been convicted of any crime directly related to the occupation licensed as set forth in Minnesota Statutes, Section 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, Section 364.03, subdivision 3; (Amended, Ord. 817, 4-2-09) c. Is not of good moral character or repute; d. Is not the real party in interest of the enterprise; e. Has misrepresented or falsified information on the license application. Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be issued to or held by a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. (Amended, Ord. 817, 4-2-09) 514.10 514.11 (Rev. 5/10) City of Mounds View 514.10: LOCATIONS INELIGIBLE FOR THERAPEUTIC MASSAGE ENTERPRISE LICENSE: Subd. 1. A therapeutic massage enterprise may not be licensed if the enterprise is located on property on which taxes, assessments or other financial claims to the state, county, school district or City are due and delinquent. In the event a suit has been commenced under Minnesota Statutes, Sections 278.01-278.13, questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one (1) year after becoming due. Subd. 2. Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. 514.11: GENERAL LICENSE RESTRICTIONS: Subd. 1. Posting: A therapeutic massage enterprise license issued must be posted in a conspicuous place on the premises for which it is used. A person licensed as a therapeutic massage therapist must have in possession a copy of the license when therapeutic massage services are being rendered. Subd. 2. Area: A therapeutic massage enterprise license is effective only for the compact and contiguous space specified in the approved license application. If the licensed premises is enlarged, altered or extended, the licensee must inform the City Administrator. A licensed therapeutic massage therapist may perform on-site massage at a business, public gathering, private home. or other site not on the therapeutic massage enterprise premises. (Amended, Ord. 844, 5-20-10) Subd. 3. Transfer: The license issued is for the person or the premises named on the approved license application. Transfer of a license from place to place or from person to person is not permitted. Subd. 4. Coverings: The therapist must require that the person who is receiving the massage will at all times have that person's breasts, buttocks, anus and genitals covered with nontransparent material or clothing. A therapist performing massage must have the therapist's breasts, buttocks, anus and genitals covered with a non-transparent material or clothing. Subd. 5. Prohibited Massage: A therapist may not intentionally massage or offer to massage the penis, scrotum, mons veneris, vulva or vaginal area of a person. City of Mounds View 514.12 514.13 (Rev. 5/10) 514.12: RESTRICTIONS REGARDING SANITATION AND HEALTH: Subd. 1. A therapeutic massage enterprise must be equipped with adequate and conveniently located toilet rooms for the accommodation of its employees and patrons. The toilet room must be well ventilated by natural or mechanical methods and be enclosed with a door. The toilet room must be kept clean and in good repair and be fully and adequately illuminated. Subd. 2. A therapeutic massage enterprise must provide single-service disposal paper or clean linens to cover the table, chair, furniture or area on which the patron receives the massage. If the table, chair or furniture on which a patron receives the massage is made of material impervious to moisture, such table, chair or furniture must be sanitized after each massage. Subd. 3. The therapeutic massage therapist must wash the therapist's hands and arms with water and soap, anti-bacterial scrubs, alcohol or other disinfectants prior to and following each massage service performed. Subd. 4. Massage tables, chairs or furniture on which the patron receives the massage must have surfaces that can be readily disinfected after each massage. Subd. 5. Rooms in a therapeutic massage enterprise must be fully and adequately illuminated. Subd. 6. A therapeutic massage enterprise must have a janitor's closet that provides for the storage of cleaning supplies. Subd. 7. Therapeutic massage enterprises must provide adequate refuse receptacles that must be emptied as required by this code. Subd. 8. Therapeutic massage enterprises must be maintained in good repair and sanitary condition. Subd. 9. Therapeutic massage enterprises must comply with the requirements of the Minnesota Indoor Clean Air Act. Subd. 10. A therapeutic massage enterprise must take reasonable steps to prevent the spread of infections and communicable diseases on the licensed premises. Subd. 11. Massage therapists must wear clean clothing when performing massage services. 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The City Administrator must prepare an application form for the renewal of a license requiring information that he or she determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. (Amended, Ord. 817, 4-2-09; Ord. 844, 5-20-10) City of Mounds View 514.14 514.17 (Rev. 5/10) 514.14: SUSPENSION; REVOCATION: A license granted under this Section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime directly related to the therapeutic massage occupation unless competent evidence can be shown of sufficient rehabilitation and present fitness to perform the duties of the occupation as set forth in Minnesota Statutes, Section 364.03 or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. (Amended, Ord. 817, 4-2-09) 514.15: TEMPORARY THERAPIST LICENSE: Subd. 1. The City Administrator may issue a temporary therapeutic massage therapist license as provided in this subsection. (Amended, Ord. 844, 5-20-10) Subd. 2. A temporary massage therapist license may be issued to a person who: a. Is qualified to hold a massage therapist license under this Section; b. Has completed the required application and paid the license fee at least seven (7) days prior to the effective date of the license. Subd. 3. A temporary license is effective for four (4) consecutive days. A person may not be issued more than three (3) temporary licenses in any period of three hundred sixty (360) consecutive days. Subd. 4. All other provisions of this Section apply to temporary licenses. 514.16: HOURS OF OPERATION: A licensed therapeutic massage enterprise may not operate for business between the hours of nine o’clock (9:00) p.m. and seven o’clock (7:00) a.m. 514.17: VIOLATIONS AND PENALTIES: Any person who violates any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 104.01 of this Code. (Ord. 583, 9-23-96) Item No: 6B Meeting Date: March 7, 2012 Type of Business: Action City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Proposed Code Amendment – Chapter 1121.09 Introduction: After the discussion about driveways and parking areas in July, the Planning Commission approved an addition into the zoning code regarding accessing parking areas that are separate from the driveway. Staff has revisited the language, and reworded and expanded on it. Staff has prepared a new resolution for the Commission to review and take action on. Discussion: Staff requests that the Planning Commission review the updated language. Based on the discussion at the January 18, 2012, Planning Commission meeting, and the Commissions concern with the readability of Section 7, staff has added “subsection a” for the new additional language. The change is indicated in the resolution by deleting the stricken language and adding the underlined text. Previously approved language: If any parking area detached from the driveway is utilized for frequently used vehicles, it shall be serviced by an improved driveway that connects to, and is accessed only by, the primary driveway. Updated language suggestion: All areas used regularly for the parking of a vehicle or vehicles shall be serviced by an improved driveway adjoining to the property’s primary driveway. Access to separate parking areas shall be achieved only from the property’s approved curb cut opening at the street. Regularly accessing parking areas by other means or locations shall be prohibited. Recommendation: The Planning Commission should review the updated zoning code amendment and recommend changes or act on attached Resolution 956-12. Respectfully submitted, Heidi Heller Planning Associate MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 956-12 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1121.09 OF THE MOUNDS VIEW ZONING CODE TO ADDRESS ACCESSING DETACHED PARKING AREAS WHEREAS, City staff has recommended that a requirement for accessing detached parking areas frequently be specifically addressed in Chapter 1121.09 Subd. 7 of the Zoning Code; and, WHEREAS, City staff has amended Chapter 1121.09 Subd. 7 of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: Chapter 1121.09 Subd. 7. Surfacing: All areas, as allowed in subdivision 1104.01(4) of this Title, to be utilized for parking space and driveways shall be surfaced with a permanent improved surface material as defined in Section 1102.02 of this Chapter, suitable to control dust, drainage and erosion, meeting the requirements of Section 902.03 of this Code except as follows: A gravel surface material meeting the specifications of Section 902.03, subdivision 5 of this Code may be used for parking areas in an R-1 or R-2 District not to exceed three hundred (300) square feet or, if to be used as a parking surface for an RV, the minimum area that would encompass the wheel-base area of one (1) recreational vehicle. Plans for surfacing and drainage of driveways and stalls for five (5) or more vehicles shall be submitted to the Director of Community Development for review, and the final drainage plan must receive the Director of Public Works/City Engineer's written approval. a. All areas used regularly for the parking of a vehicle or vehicles shall be serviced by an improved driveway adjoining to the property’s primary driveway. Access to separate parking areas shall be achieved only from the property’s approved curb cut opening at the street. Regularly accessing parking areas by other means or locations shall be prohibited. WHEREAS, amending the Zoning Code to address accessing detached parking areas will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1121.09 Subd. 7 of the Mounds View Zoning Code to address accessing detached parking areas as defined herein. Resolution 956-12 Page 2 BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 1st day of February, 2012. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, City Administrator (SEAL)