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File #: 22-844    Version: 1
Type: New Business Status: Approved
File created: 10/26/2022 Meeting Body: City Council
On agenda: 11/15/2022 Final action: 11/15/2022
Title Search: PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Keller Prenatal Massage to operate in an existing 150-square-foot lease space, within a 1,744-square-foot multi-tenant building, approximately 100 feet southwest of the intersection of Pecan Street and South Elm Street, legally described as Tract 19, Abstract 1171 of the Samuel Needham Survey, zoned Old Town Keller (OTK) and addressed as 140 Pecan Street, Ste. B. Jennifer Land Wellness LLC, DBA Keller Prenatal Massage, Applicant. Ronald Lee, Owner. (SUP-22-0034)
Attachments: 1. 111522_Keller Prenatal Massage_Ordinance 2102, 2. 111522_Keller Prenatal Massage_Application, 3. 111522_Keller Prenatal Massage SUP_Maps.pdf, 4. 111522_Keller Prenatal Massage_Staff Attachment.pdf, 5. Item H-1 Keller Prenatal Massage Presentation

To:                     Mark Hafner, City Manager

From:                     Julie Smith, Director of Community Development

Subject:                     

Title

PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) for Keller Prenatal Massage to operate in an existing 150-square-foot lease space, within a 1,744-square-foot multi-tenant building, approximately 100 feet southwest of the intersection of Pecan Street and South Elm Street, legally described as Tract 19, Abstract 1171 of the Samuel Needham Survey, zoned Old Town Keller (OTK) and addressed as 140 Pecan Street, Ste. B. Jennifer Land Wellness LLC, DBA Keller Prenatal Massage, Applicant. Ronald Lee, Owner. (SUP-22-0034)

Body

Background:

Finding no prenatal-specific massage businesses in the City, the Applicant requests a Specific Use Permit (SUP) to perform massage services for pregnant and postnatal clients in an existing suite at 140 Pecan Street. The Applicant offers massage by appointment only.

 

The Applicant opened the business in September 2022, not aware an SUP was needed. She submitted all necessary paperwork to come into compliance shortly after Planning Staff notified her of the requirement.

 

Economic Development:

There are nine massage-only businesses currently operating in Keller, with one of the nine advertising prenatal massage as one of their services. There is one chiropractic office offering prenatal massage services. There will be no product or retail sales.                      

 

Parking:

The Applicant is the massage business’ sole employee, requiring one parking space for her and two for clients (one she is seeing and one who is waiting for the following appointment). There are two psychologists also at 140 Pecan Street who see one client each per session and therefore require up to six parking spaces. There is an administrative office with no in-person client traffic, requiring one parking space. All services at 140 Pecan combined require 10 parking spaces.

 

Parking in the Old Town Keller Zoning District is shared. Shared parking is available on the street, both east and west of the building, and across the street. On site, there are two regular parking spaces and one handicap space.

 

Because The Well Church is also on Pecan Street, the Applicant has adjusted her business hours to afternoon only on Sundays to allow the Church as much parking as possible.

 

Hours of Operation:

By appointment only: Monday, Wednesday and Saturday 10 a.m. to 5 p.m.; and Sunday 2-5 p.m.

 

Summary:

Section 8.02 (F)(2) of the UDC states that when considering a SUP request, the City Council shall consider the following factors:

 

1)                     The use is harmonious and compatible with surrounding existing uses or proposed uses;

 

2)                     The activities requested by the applicant are normally associated with the permitted uses in the base district;

 

3)                     The nature of the use is reasonable and appropriate in the immediate area;

 

4)                     Any negative impact on the surrounding area has been mitigated; and

                     

5)                     That any additional conditions specified ensure that the intent of the district purposes are being upheld.

                     

Citizen Input:

On October 13, 2022, the City mailed out 19 letters of notification for this Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A public hearing notice sign was posted on the site. As of this date, staff has not received any responses either in support or opposition to the request nor did anyone speak during the public hearing at the Planning and Zoning Commission meeting.

 

Alternatives:

The City Council has the following options when considering a Specific Use Permit:

 

§                     Approve as submitted.

§                     Approve with modified or additional condition(s).

§                     Table the agenda item to a specific date with clarification of intent and purpose.

§                     Deny.

                     

Planning and Zoning:

On October 25, 2022, the Planning and Zoning Commission unanimously recommended approval of this SUP request as presented. They expressed their appreciation to the Applicant for providing such an important service.