SUBJECT: PUBLIC Conditional Use for a Massage Establishment HEARING Sunshine Massage, 11 East Wilson Street (Yune Zhou, applicant)

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1 DATE: March 9, 2016 TO: FROM: Plan Commission Joel Strassman, Planning and Zoning Officer CITY OF BATAVIA SUBJECT: PUBLIC Conditional Use for a Massage Establishment HEARING Sunshine Massage, 11 East Wilson Street (Yune Zhou, applicant) Background and Summary of Information from Applicant A public hearing is scheduled for the March 16, 2016 Plan Commission meeting to consider a conditional use for a massage establishment at 11 East Wilson Street. This property is zoned DMU Downtown Mixed Use. This zoning district allows massage establishments with City Council approval of a conditional use. Last year, the City Council adopted Ordinance that amended the Zoning Code to require this conditional use approval. The applicant, Yune Zhou, proposes improving the approximately 1,600 square foot lease space with an entry/waiting area, communal foot massage space, and individual massage rooms. This space was formerly the location of Healing Arts, which recently expanded and moved across Wilson Street. Ms. Zhou is a State licensed massage therapist with over 10 years experience. The business will be staffed by 2-3 employees. Ms. Zhou believes this location can draw customers from the Chinatown area of Chicago. The Batavia location will feature a waiting room with potted plants (identified as pot culture in Ms. Zhou s attached statement), periodicals, and a television. Staff Analysis Massage establishments provide opportunities for personal care that fits the mixed use environment of downtown Batavia. The conditional use requirement allows the Commission to recommend, and the City Council to approve operational allowances and restrictions on any business, including massage establishments, that requires conditional use approval. A tendency of some businesses, including massage businesses, is to obscure windows with opaque appliqués, interior window treatments, or backs of merchandise displays. Much of the character of downtown Batavia lies in one s ability to see into the lease spaces of businesses. The Zoning Code requires much of the street-facing walls of buildings in the DMU District to be clear vision glass. The conditional use can include one or more conditions of approval addressing this visibility issue. Staff feels that requiring visibility through the reception/waiting area will be consistent with the desirable character of downtown Batavia. Other aspects of businesses that may be addressed with a conditional use are who can staff the business and hours of operation. Since Ms. Zhou seeks to operate her business in a manner to provide quality services at a good value, staff feels that the conditional use may be limited to operation of the business solely by Ms. Zhou doing business as Sunshine Massage, for as long as she maintains her State license. The conditional use also can require that employees of Sunshine Massage that provide massage services likewise maintain their State license. Also, if the City adopts licensing requirements for massage establishments, the conditional use can require Ms. Zhou to apply for, and obtain the City license to continue operating Sunshine Massage. Staff feels that business hours should be limited to 8 am to 10 pm, daily; these are the hours the City Council established for body art (tattoo & piercing) establishments, another business that requires conditional use approval in this District. Staff notes that the application includes a suggestion for a wall sign. The Zoning Code requires that illuminated wall sign cabinets be contoured to reflect the shape of the image or that sign face have embossed copy in relief. One would need to request a variance to propose an alternate design. A wall sign requires approval by the Historic Preservation Commission.

2 In reviewing and recommending a conditional use, the Plan Commission must arrive at findings required by Section A in Zoning Code Chapter 5.4: Use Permits. Listed below are the required findings and staff analysis of each. 1. The proposed use will not be detrimental to health, safety, or general welfare of persons living or working in the vicinity, to adjacent property, to the neighborhood, or to the public in general. With Plan Commission recommendation of, and City Council approval of the operational restrictions explained above, Sunshine Massage, operated as proposed by Yune Zhou, would not be detrimental to the vicinity or public in general. 2. The proposed use conforms with the purposes, intent, and policies of the Comprehensive Plan and any applicable area, neighborhood, or other plan adopted by the City Council. Goal 1 of the Batavia Comprehensive Plan s Land Use Element stresses the need to balance land uses and maintain employment areas. The proposed use would provide an opportunity to add to the service-oriented character of downtown Batavia. 3. The proposed use conforms with the conditions, requirements, or standards required by the Zoning Code and any other applicable local, State, or Federal requirements. The proposed use would be located in a building that can be improved to accommodate its needs. As conditioned, the business would be owned and operated by appropriately State licensed personnel. 4. The proposed use would not unreasonably interfere with the use and enjoyment of nearby properties. As conditioned, the proposed use would not interfere with the enjoyment of nearby properties. Staff Recommendation Staff recommends the Plan Commission open and conduct the public hearing. After closing the hearing, the Commission must consider and make conclusions on the required findings. Staff recommends the Commission recommend City Council approval of the conditional use. Specifically, the Commission should recommend approval of a conditional use for a massage establishment at 11 East Wilson Street, being granted to Yune Zhou, doing business as Sunshine Massage, subject to the following conditions: 1. Providing a clear view of the entire proposed reception/waiting area by maintaining clear vision glass through store front windows and door, without adding any appliqués, tinting, or other opaque or translucent coating or finish to the glass, or by placing anything on or in the windows except for permitted window signs. 2. Use of interior window or door treatments such as, but not limited to, curtains, blinds, valances, or shades that restrict the visibility required in Condition 1 is prohibited. 3. Placement of periodical display racks, customer coat/bag storage, or customer seating shall not unreasonably restrict the visibility required in Condition Yune Zhou, and all personnel engaged in performing massage, at all times shall maintain current State of Illinois licensure as massage therapists. 5. Hours of operation shall be limited to 8 am through 10 pm, daily. 6. If the City adopts licensing requirements for massage establishments, the applicant must apply for, and obtain the City license per the adopted requirements. Attachment: Conditional Use application material c Mayor and City Council Department Heads Yune Zhou, applicant Media 2

CITY OF BATAVIA. DATE: October 16, 2018 TO: FROM:

CITY OF BATAVIA. DATE: October 16, 2018 TO: FROM: DATE: October 16, 2018 TO: FROM: Committee of the Whole - CD Joel Strassman, Planning and Zoning Officer SUBJECT: Ordinance 18-66 - Conditional Use Permit for Medical Offices and Clinic Geneva Family Practice,