5.5. SR 08-17-2009REQUEST FOR ACTION
To Item Number
Ci Council 5.5.
Agenda Section Meeting Date Prepared by
Communi Develo ment Au st 17, 2009 erem Barnhart, Plannin Mana er
Item Description Reviewed by
Request by City of Elk Rivex fox Ordinance Amendment
Relating to Restaurants, Case NO. OA 09-05 -Public Hearing Reviewed by
Action Requested
Adoption of ordinance as drafted.
Summary
Last month, the Council authorized staff to review potential changes to the review regulations associated with
restaurants. Currently, the restaurants are a conditional use in many districts. Staff prepared an ordinance that
amends the C-3 and C-4 zoning districts:
Class I restaurants (generally sit down) are a permitted use in both the C-3 and C-4 zoning districts. Class II (drive
thru or fast food) are a permitted use in the C-3, and a Conditional use everywhere else. The attached Planning
Commission staff report explains the changes in greater detail.
The Council may recall some discussion regarding the creation of a new land use classification, an ice cream shop.
The Ordinance does not propose language for this issue because, through the research, staff found that a separate
ice cream parlor category was rarely used. Where they were used, they were often associated with coffee shops, and
staff is uncomfortable recommending these two uses together; coffee shops may inject an odor that is undesirable
in larger quantities or frequencies. Lastly, staff was uncomfortable regulating food manufacturing businesses by
specifying the type (ingredients) of food.
Planning Commission Discussion
The Planning Commission supported the language as presented.
Public Comment
No public comment was received.
Attachments
• Staff Report to Planning Commission dated August 11, 2009
• Request for authorization, dated July 13, 2009
• Draft Ordinance
Action Motion by Second by Vote
Follow Up
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\CC staff report 8-17-09.doc
.''~ ~i
Elk REQUEST FOR ACTION
River
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-OS -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:
Be.rtaurant (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 Elk River
Restaurant (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 1) 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.
AC't1o11 Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\OA\OA 09-05 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 City 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.
law.
Section 5. That this ordinance shall take effect upon publication as provided by
Passed and adopted by the City 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
ver
MEMORANDUM
TO: City Council
FROM: Jeremy Barnhart, Planning Manager
DATE: July 13, 2009
SUBJECT: Conditional Use Permits- Restaurants
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 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.
Restaurant (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:
C-1 central business district:
Class I Permitted Use
Class II Conditional Use
C-3 highway commercial district:
Class I Conditional Use
Class II Conditional Use
ORDINANCE _- _
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTIONS 30-1024 AND 30-1025 OF THE ELK RIVER CITY CODE OF
ORDINANCES TO ALLOW CLASS I AND CLASS II RESTAURANTS AS PERMITTED
USES IN THE C-3 HIGHWAY COMMERCIAL, AND C-4 COMMUNITY
COMMERCIAL ZONING DISTRICTS
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 30-1024 (b) of the City of Elk River Code of Ordinances
regulating permitted uses in the C-3 Highway Commercial Districts shall be amended to add the
following new subsections:
(9) Class I restaurants
(10) Class II restaurants
Section 2. That Subparts (14) and (21) of Section 30-1024 (d), of the City of Elk River
Code of Ordinances identifying conditional uses in the C-3 Highway Commercial District, shall be
amended to read as follows:
(14) (reserved)
(21) (reserved)
Section 3. That Section 30-1025 (of the City of Elk River Code of Ordinances
identifying permitted uses in the C-4 Community Commercial Zoning Distsrict, shall be amended to
add the following new subsection:
(5) Class I restaurants
Section 4. That Subsection (6) of Section 30-1025 (d) of the City of Elk River Code
of Ordinances identifying conditional uses in the C-4 Community Commercial Zoning District, shall
be amended to delete as follows:
(6) (reserved).
Section 5. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this day of
August 17, 2009.
Stephanie Klinzing, Mayor
ATTEST:
Tina Allard, City Clerk
s:\planning main\case files\oa\oa 09-05 restaurants\draft ordinance-pb changes.doc