6.1. SR 07-13-2009Item # 6.1.
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MEMORANDUM
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Staff is requesting authorization to develop an ordinance amendment relative to the
classification of restaurants.
The Council may wish to review the regulations relative to restaurants. The City Code places
restaurants into 2 categories, Class ~, or Class ~~. The definitions from the City Code follow:
Z~estaurant ~c~lass .~~ means a restaurant where food served to the customer is to be consumed
by the customer while seated on tlae premises. Class ~ restaurants are of a traditional or sit-down
variety restaurant where food is served to a customer at a table while seated, as distinguished From
the fast food or convenience variety. Carryout food sales are permitted if incidental to a sit-down
restaurant.
restaurant ~c'la.rs ~I) means a restaurant where a majority of customers order and are served
their food at a counter in packages prepared to leave the premises, or able to be taken to a table,
counter, automobile, or off the premises to be consumed; or a drive~in where most customers
consume their food in an automobile regardless of how it is served.
Restaurants are permitted in the following districts:
C-1 Centt~al Business District;
Class ~ Permitted Use
Class iZ Conditional Use
C-3 Highway Commercial District:
Class ~ Conditional Use
Class II Conditional Use
C-4 Community Commercial District
Class I Conditional Use
Class ZZ Condtional Use
Downtown District
Class ~ Permitted Use
Class Il Conditional Use
Conditional Use Permits include two public hearings and typically tale about six weeks from
application to Council decision, assuming no delays. often, initial conversations with prospective
restaurants occur in the middle of a month, so the time from initial conversation to City Council
approval is two months or more.
Since 2005, the City has reviewed eight Conditional Use Permits for restaurants. They include:
Broadway Pizzatwice}, Caribou Coffee, Chipotle, Jimmy Johns, Sonic, Subway, and
McCoys. with the exception of McCoys, all of the restaurants above are in the C-3 Highway
Commercial} zone. Addirionally, staff has classified a recent ice cream parlor request as a
restaurant because it was determined that definitionrestaurant} was most closely related to the
ice cream sales. The Planning Commission and Council will review the ice cream use in July.
Recommended changes:
.~ ~~--
Staff suggests that the Conditional Use Permit process is unnecessary for some restaurants in
some zones. It is suggested that all sit down Class I} restaurants be permitted use, regardless of
zone.
Fast food Class fir} restaurants should be permitted uses in C-3 zoning districts. The expectation
of a Highway Business District is uses that feed off of a highway and its inherent increased traffic,
noise, light, etc. Fast food restaurants are an appropriate use in these environments.
A new use definition should be developed to include coffee shops and ice cream parlors both
non~drive through}. These uses could be permitted uses in all districts. These types of uses are
not typically known for negative impacts above and beyond normal retail minimal odors, hours
of operation, traffic, etc.}. Removing a Conditional Use Permit hurdle may be helpful to these
businesses.
with authorization, staff will prepare an ordinance amendment that, if approved, will codify this
direction,