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HomeMy WebLinkAbout9A2 - Drive-Thru Windows 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: FEBRUARY 7, 2005 9A2 JANE KANSIER, PLANNING DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A ZONING ORDINANCE AMENDMENT TO ALLOW DRIVE-THRU WINDOWS IN THE C-3 USE DISTRICT (Case File #0-02) DISCUSSION: Historv: On December 20, 2004, the City Council considered a report on a potential amendment to the Zoning Ordinance to allow drive-thru windows in the C-3 (Specialty Business) Use District. The Council directed staff to prepare an amendment to the Zoning Ordinance to accomplish this. The Planning Commission held a public hearing on January 24, 2005 to consider the proposed amendment. The Commission recommended approval of this amendment with a vote of 4-1 (Stamson voting no). Current Circumstances: According to Section 1102.1100 of the Zoning Ordinance, "the purpose of the "C-3" Specialty Business Use District is intended to provide for a variety of commercial and residential uses within the framework of a traditional downtown area. The district also contemplates and provides for pedestrian circulation, urban and civic design and the creative reuse of existing buildings. " When this section of the ordinance was adopted in 2001, it was specifically intended to prohibit drive-through facilities of all kinds, whether restaurants or banks. The reason behind this exclusion was to eliminate the surface area usually needed for these types of facilities. However, some of these uses, such as drugstores and banks, would be a good fit in the downtown area. In today's world, most banks require some sort of drive- thru facility. In order to preserve the integrity and character we are trying to achieve downtown, it may still be necessary to limit drive-thru facilities in some fashion. The proposed amendment allows drive-thru windows as an accessory use subject to a conditional use permit. The conditional use permit process guarantees www.cityofpriorlake.com 1:\05 files\05 ordin amend\zoninrebWet~~21~V'?Ef~301 / Fax 952.447.4245 design review by the Planning Commission and allows for public review. This allows the Planning Commission to analyze the design of the use on a site-by-site basis. Other elements of the proposed amendment include: . A maximum of 4 drive-thru lanes are allowed. . The drive-thru windows or drive-in lanes are not allowed within the "build-to" line or in front of any building. They must be located to the side or the rear of the building. . No part of the street or boulevard may be used for stacking of automobiles. The specific language of this amendment is included within the attached draft ordinance. ISSUES Section 1108.600 of the Zoning Ordinance states that recommendations of the Planning Commission and final determinations of the City Council shall be supported by findings addressing the relationship of the proposed amendment to the following policies: 1. There is a public need for the amendment. There is a public need for the amendment. The proposed amendment would provide opportunities for new businesses and for redevelopment within the C-3 district. 2. The amendment will accomplish one or more of the purposes of this Ordinance, the Comprehensive Plan, or other adopted plans or policies of the City. Objectives and policies of the Comprehensive Plan include: . Determine and strive for a balance of commerce, industry and population; . Encourage a diversified economic base and a broad range of employment opportunities; . Promote sound land use; and . Maintain high standards in the promotion and development of commerce and industry. The proposed amendment strives to accomplish the objectives and policies of the Comprehensive Plan by providing more opportunities for new development and redevelopment in the C-3 district. 1:\05 files\05 ordin amend\zoning\drive-thrus\cc report.doc 2 CONCLUSION: ALTERNATIVES: RECOMMENDED ACTION: REVIEWED BY: 3. The adoption of the amendment is consistent with State and/or Federal requirements. This amendment is consistent with federal and state laws. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan and the enabling legislation set forth in Minnesota statutes. Based upon the findings set forth in this report, staff recommends approval. The City Council has the following alternatives: 1. Adopt the ordinance amendment as recommended by the Planning Commission and the staff. 2. Deny the ordinance amendment. 3. Defer this item and provide staff with specific direction. Staff recommends Alternative # 1. This action requires the following motion: cond amending the Zoning Ordinance to windows as a conditional use permit in 1:\05 files\05 ordin amend\zoning\drive-thrus\cc report. doc 3 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 05- XX AN ORDINANCE AMENDING SECTION 1102.1104 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1102.1104 of the Prior Lake City Code is hereby amended to add the following: (7) Drive-thru windows and drive-in lanes are permitted as an accessory use subiect to approval of a conditional use permit. processed according to the provisions of Section 1108.200 of the Zoning Ordinance. and with the following conditions: ~ A maximum of 4 drive-thru lanes are allowed. ~ The drive-thru windows or drive-in lanes are not allowed within the "build-to" line or in front of any building. They must be located to the side or the rear of the building. ~ No part of the street or boulevard may be used for stacking of automobiles. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 7th day of February, 2005. ATTEST: City Manager Mayor Published in the Prior Lake American on the _ day of , 2005. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\05 files\05 ordin amend\zoning\drive-thrus\ord05-xx.doc www.cityofpriorlake.com PAGEl Phone 952.447.4230 / Fax 952.447.4245