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Consider the March 19, 2007 Planning Commission minutes. - page 27 / 38

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APRIL 2, 2007SHAWNEE PLANNING COMMISSION MINUTESPAGE 27

Item No. 7

PUBLIC HEARING: consider text amendments to Shawnee Municipal Code, Section 17.51, Table of General Use Regulations, to allow massage therapy establishments with a special use permit in the SMPKYCH(O) (Shawnee Mission Parkway Commercial Highway (Overlay)) zoning district.

Planning Director Chaffee stated that staff has received numerous inquiries regarding the location of massage therapy businesses in the Commercial Highway Overlay zoning district.  The inquiries have been related to both the operation of such businesses by individuals, as well as the teaching of massage therapy at the Academy of Aesthetic Arts.

The Planning Commission authorized publication for a public hearing to amend the zoning regulations to allow this use with a special use permit in the Commercial Highway Overlay district at the March 5, 2007 meeting.

Massage Therapy is allowed as a use by right in the Commercial Highway zoning district, but is not allowed in the Commercial Highway Overlay zoning district.  It has been requested to amend Section 17.51, the Table of General Use Regulations to allow Massage Therapy as a special use permit in the overlay district.

The Shawnee Downtown Partnership considered the request at their January meeting and was not opposed to consideration of the request to amend the zoning regulations.  It is noted that massage therapy establishments are further regulated in Section 5.40 of the Shawnee Municipal Code.  This portion of the code sets out educational standards, background checks, provision of certain facilities within the building and other requirements in order to obtain a Massage Therapy License.  The license must be renewed annually and there are provisions for the revocation of the license.

RECOMMENDATION

At the conclusion of the public hearing, the Planning Commission should consider an amendment to Section 17.51, Table of General Use Regulations, to allow massage therapy establishments as a special use in the Commercial Highway Overlay zoning district.  Given that the Shawnee Downtown partnership was not opposed to this amendment, the specialized requirements under Section 5.40 of the Shawnee Municipal Code and the opportunity for review by the Planning Commission, staff recommends adoption of the proposed amendment to the zoning regulations.

PUBLIC DISCUSSION

No one spoke from the public.

PLANNING COMMISSION DISCUSSION

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