To: Mark Hafner, City Manager
From: Julie Smith, Community Development Director
Subject:
Title
PUBLIC HEARING: Consider an ordinance approving a Specific Use Permit (SUP) to allow the use of a spa to include cosmetology such as (hair, nails and face), and Texas-licensed massage therapists, for Cozy Day Spa, located in an approximately 1,250 square-foot lease space, contained in the 10,000 square-foot multi-tenant building, on an approximately .84-acre property, located on the south side of Keller Parkway, approximately 170 feet southwest of the intersection of Keller Parkway and Cindy Street, being Lot 1R, Block A, The Shops at Cindy Addition, zoned R (Retail), located at 460 Keller Parkway, Suite B. Bass Commercial Investments, LLC, owner. Zhenji Jin, applicant.
Action Requested:
Consider approving an ordinance for a Specific Use Permit (SUP) to allow Cozy Day Spa, a salon and spa use, to include Cosmetologists (Hair, Nails, Face) and Texas-licensed Massage Therapists within a 1,250 square-foot lease space.
Zoning:
The R, Retail District is established to provide locations for various types of general retail trade, business, and service uses.
Background:
The property was first platted in 2008 as Lot 1R, Block A of The Shops At Cindy Addition.
The Site Plan for this development was approved on March 3, 2009, by City Council. According to Tarrant County Appraisal District, the building was constructed in 2009.
The previous Owner applied for a SUP at this same location for “Terrace Retreat Spa and Salon” and was approved by City Council on September 18, 2018. Since then, the previous Owner has sold the business, and the new Owner has proposed to change the name of the salon and spa to “Cozy Day Spa”. The changing of the name requires an updated Certificate of Occupancy which considers the use a new business and triggers an SUP. The new owner will be providing the same services as the previous owner.
Operation Schedule:
The Applicant would operate Sunday-1:00 p.m. to 7:00 p.m., Monday-Saturday 10:00 a.m. to 8 p.m.
License Requirements:
The use of massage therapy services is required to be licensed by the Texas Department of State Health Services. The City of Keller Code of Ordinances also requires licensing through the Police Department.
The operation of a massage parlor is also regulated by the City Code of Ordinances. The Code of Ordinances sets the City licensing requirements, license fees, hours of operation, sanitary requirements, inspections, and required documentation. The hours of operation restricted by the City of Keller Code of Ordinances are from 8:00 a.m. to 9:00 p.m. It also defines a “massage parlor” as “any building, house, room, or place where massage is practiced upon the human body by any person other than a duly licensed medical doctor, doctor of osteopathy or chiropractor.” A copy of Chapter 8, Article II. - Massage Parlors and Massage Establishments has been included in the “Staff Attachments.”
Citizen Input:
On August 2, 2019, as required by State law, the City mailed out thirty-two (32) letters of notifications for a Public Hearing to all property owners within three-hundred feet (300’) of the subject site. A sign was also posted on the site.
On August 18, 2019, the City published in the Fort Worth Star Telegram fifteen days prior to the scheduled City Council Meeting date.
As of August 27, 2019, Staff has not received any letters, emails, or phone calls from the public regarding this SUP application.
Summary:
Section 8.02 (F.2.a) of the UDC states that when considering a SUP request, the Planning and Zoning Commission and 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.
Planning and Zoning Recommendation:
The Planning and Zoning Commission recommended approval by a vote of 6-0 on
August 12, 2019. The Commission noted that when the original SUP request came
forward for “Terrace Retreat” there were no concerns regarding saturation. With “Cozy
Day Spa” proposing to provide the same services as the previous business, the
Commissioners still do not find any concerns regarding saturation.
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.