Agenda - Council - 01/22/2013 - Laserfiche WebLink

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CC Regular Session 7. 2. Meeting Date: 01/22/2013 By: Tim Gladhill, Community Development Information Title: Introduce Ordinance to Amend City Code Section 117-118 Entitled The COR Related to Twenty Four (24) Hour Drive Thrus Background: As part of the update to The COR Zoning Code, including the re -format of the original Design Guidelines to the Design Framework, zoning code standards related to design were shifted from the actual text of the City Code to the new Design Framework document. The intent was to create a more flexible, yet better defined design document for developers to plan their developments. Design standards are based on three (3) factors: 1. Sub -district 2. Street Classification 3. Development Plan as approved by Ordinance Most standards can easily by applied using the street classification within the underlying sub -district. However, the Development Plan was also utilized to allow certain deviations from the typical sub -district standards where the planned built environment impacts the effectiveness of the core development standard. This is especially important in the retail area on the western portion of the development. Notification: The Notice of Public Hearing was properly published in the Anoka County Union. Observations/Alternatives: The Development Plan has evolved further since the first version of the new COR Zoning District. With further revisions to the Development Plan, Staff has noted some changes to the zoning code text, which still provide permitted use standards, to ensure there is no conflict with the approved Design Framework. In addition, there appears to have been some sort of formatting issue that dropped drive thru uses with twenty-four (24) hour operations as a conditional use, and only keeping drive thrus as a permitted use (when using audible speakers) between 7:00 a.m. and 10:00 p.m. A conditional use allows the City to review a proposed use on a case by case basis to address site -specific conditions and attach reasonable conditions to mitigate potential concerns. The intent of the twenty-four hour operation as a conditional use can be illustrated by a similar use permitted as such in the form of car washes, which do allow twenty-four hour operations as a conditional use. The Planning Commission conducted a public hearing on January 3, 2013 regarding this ordinance amendment and there were no written or verbal comments received. The Planning Commission discussed whether a conditional use permit was necessary for twenty-four (24) hour operation of drive-thrus in a primarily commercial district or if it was more appropriate to outright permit them. While discussing the proposed ordinance amendment, the Planning Commission concluded that based on surrounding permitted uses there would be no detrimental impacts by outright permitting twenty-four (24) hour drive-thru operations. Alternative Action Options: 1. Take no action. If no action is taken on the proposed amendment, drive-thrus in the COR-2, COR-2b and COR-3 Sub -Districts would still be permissible in association with permitted and conditional uses; however, if electronic speaker devices are utilized, the drive-thru hours would remain limited to 7:00 a.m. to 10:00 p.m.