To: Aaron Rector, Interim City Manager
From: Sarah Hensley, Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving amendments to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article Three - Definitions and Article Eight - Zoning Districts, relating to regulations for Spa and Medical Spa Uses, and the Town Center Zoning District Use Chart; providing penalties; authorizing publication; and establishing an effective date. (UDC-24-0001)
Body
Action Requested:
Conduct a public hearing and consider a request to approve amendments to the City of Keller Unified Development Code (UDC) related to definitions and regulations for Spa and Medical Spa Uses, and the Town Center Zoning District Use Chart.
Background:
In September 2023, Planning and Economic Development staff began working with City Council to address concerns related to how the UDC deals with Spas and Medical Spas in all zoning districts, and various uses specifically in the Town Center Zoning District.
The key issues were identified as:
1. Although descriptive language about Spas can be found in individual zoning district use charts, there is no definition listed for Spas under Article Three - Definitions.
2. Staff has seen an increased interest in Medical Spas, a use not anticipated by the current UDC, and thus no clear pathway for approval exists for potential applicants.
3. Modifications were needed to the Town Center and Town Center Medical Overlay use charts to better reflect the vision for the zoning district
City Council conducted work session discussions on these topics on September 5, September 19, October 19 and November 20, 2023, and the Planning and Zoning Commission conducted a work session discussion on November 14, 2023. Following the November discussions, staff put together a communications plan to notify all businesses that will be affected by the code amendments if adopted as proposed.
Twenty-six businesses were identified that will become legal non-conforming if the amendments are adopted, plus two more that had plans under review. The businesses could continue their current operations indefinitely and would only need to pursue an SUP if they wished to expand the physical footprint of their business, offer new services that require and SUP, or relocate.
Proposed Definitions:
Spa: An establishment that offers grooming, massage and/or cosmetology services performed by persons licensed to perform those services in Texas and may include the retail sale of goods incidental to the services of the spa.
Medical Spa: An establishment that includes spa services and non-invasive medical cosmetic procedures. All medical procedures must be conducted under the supervision of a medical professional licensed in Texas.
Also included in the amendments is the removal of the definition for “Barber Shop” because that use will now fall under the Spa use umbrella. Staff also proposes removing “Massage Establishment” as one of the uses listed under Medical Facilities, as it will also fall under the new Spa definition. This change is in line with current approach to massage studios, which have been included in the descriptive language for spas in several use charts since the 2015 UDC update (“Spa to include Cosmetologists (Hair, Nails, Face) & Massage Therapists Licensed in TX”).
Use Chart Updates with new Spa and Medical Spa Uses:
Under the proposed amendments, Spa Uses would be allowed in the following zoning districts by Specific Use Permit (SUP):
-Neighborhood Services
-Retail
-Commercial
-Old Town Keller (Main Street and Neighborhood Subdistricts)
-Town Center
-Town Center Medical Overlay
Medical Spas would be allowed in all of the above districts plus Office.
Updated Town Center and Town Center Medical Overlay Use Charts:
The uses of Bar/Tavern, Event Venue, Entertainment Facility (Outdoor) and Sale of Used Goods, all by SUP, are proposed additions to the Town Center (TC) and Town Center Medical Overlay (TCM) districts.
The proposed modifications would also allow a Medical/Dental Clinic or Office by SUP in Town Center, where they currently cannot go, even by SUP.
A full summary of the proposed amendments is included in Exhibit A.
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council Meeting Date. The notice was published in the January 26, 2024, and February 16, 2024, editions of the Fort Worth Star-Telegram for the respective Planning and Zoning Commission and City Council public hearings.
Staff reached out to all affected businesses prior to the Planning and Zoning Commission meeting and successfully made contact with most, though a few have remained unresponsive. Two business owners expressed concern over putting barber shops and beauty salons that offer only hair-related services into the same category as salons/spas with more expansive service lists. Both owners were specifically concerned about the challenges the SUP requirement might pose when negotiating lease terms with current or future landlords in Keller.
Planning and Zoning Commission Recommendation:
On February 13, 2024, the Commission voted to unanimously recommend approval of the proposed UDC amendments with a suggestion that the Medical Spa definition be modified with additional details on the entities issuing licenses to perform the services that fall under the Medical Spa use.
Alternatives:
The City Council has the following options when considering an amendment to the text of the UDC:
§ Approve as submitted.
§ Approve as recommended by the Planning and Zoning Commission.
§ Approve with modified or additional condition(s).
§ Table the agenda item to a specific date with clarification of intent and purpose.
§ Deny.