5.2. PCSR 08-11-2009,--~ Ji
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Elk -~-~
River
REQUEST FOR ACTION
To Item Number
Plannin Commission 5.2.
Agenda Section Meeting Date Prepared by
Planning Items August 11, 2009 Jeremy Barnhart, Planning Manager
Item Description Reviewed by
Request by City of Elk River for Ordinance Amendment
Relating to Restaurants, Case NO. OA 09-05 -Public Hearing Reviewed by
Action Requested
Staff supports a Planning Commission recommendation of approval of the ordinance as drafted.
Background/Discussion
Since 2005, the City has reviewed 9 conditional use permits for restaurants. They include: Broadway
Pizza, (twice); Caribou Coffee, Chipotle, Jimmy Johns, Sonic, Subway, McCoy's, and Sweet P's.
With the exception of McCoy's and Sweet P's, all of the restaurants above are in the C-3 (Highway
Commercial) zone.
Conditional use permits include two public hearings, and typically take about 6 weeks from
application to Council decision, assuming there are 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 2 months or more.
In the Planning Commission and City Council review of the above-described cases, no issues were
identified that were not identified in the site plan review process.
Financial Impact
None
Attachments
Proposed Ordinance
Analysis
The City code places restaurants into 2 categories, Class I, or Class II. The definitions follow, from
the City Code:
Restaurant (class I) means a restaurant where food served to the customer is to be consumed by the
customer while seated on the premises. Class I 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.
Case File: OA 09-05
Page 2
Restaurant Regulations
City of I;lk River
I~e.rtaurant (class II) 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:
Current Proposed
C-1 central business district:
Class I Permitted Use Permitted Use
Class II Conditional Use Conditional Use
C-3 highway commercial district:
Class I Conditional Use Permitted Use
Class II Conditional Use Permitted Use
C-4 Community Commercial District
Class I Conditional Use Permitted Use
Class II Conditional Use Conditional Use
Downtown District
Class I Permitted Use Permitted Use
Class II Conditional Use Conditional Use
The draft ordinance allows all sit down (Class I) restaurants be permitted use, regardless of zone.
Fast food (Class II) 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.
In all cases, new uses are subject to the city's internal site plan review process. A committee
representing Public Works, Engineering, Police, Fire, Environmental, Planning, Utilities, and County
Highway all review a proposed site plan to ensure city goals are met.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\OA\OA U9-OS Restaurants\PC Staff report 8-11-09.doc
ORDINANCE - _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1024 AND 30-1025 OF THE CITY CODE OF ORDINANCES
RELATING TO RESTAURANTS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 30-1024 (b) C-3 Highway Commercial district, of the City of
Elk River Code of Ordinances shall be amended to add the following:
(9) Class I restaurants
(10) Class II restaurants
Section 2. Section 30-1024 (d) C-3 Highway Commercial district, of the Ciry of
Elk River Code of Ordinances shall be amended to delete the following:
(14) Class II restaurants.
(21) Restaurants (class I).
Section 3. Section 30-1025 (b) C-4 district, of the City of Elk River Code of
Ordinances shall be amended to add the following:
(5) Class I restaurants
Section 4. Section 30-1025 (d) C-4 district, of the City of Elk River Code of
Ordinances shall be amended to delete the following:
(6) Class I restaurants.
Section 5. That this ordinance shall take effect upon publication as provided by
law.
Passed and adopted by the Ciry Council of the City of Elk River this day of
20_
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\planning main\case files\oa\oa 09-05 restaurants\draft ordinance.doc