Adopt Ordinance to Amend City Code Section 117-118 Entitled The COR Related to Twenty Four (24) Hour Drive Thrus

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.

The Notice of Public Hearing was properly published in the Anoka County Union.

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. 

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.

The ordinance amendment was introduced at the January 22, 2013 City Council meeting and is now eligible for adoption.

Alternative Action Options:

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. with no ability to deviate from this time frame.  This would impact the recently approved McDonald's Site Plan and would require processing of a Conditional Use Permit for their proposed twenty-four (24) hour drive-thru operation.
 
Allow twenty-four (24) hour operation of drive-thrus in association with permitted and conditional uses by conditional use permit. As a conditional use, it would allow 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. This option provides some flexibility to at least consider twenty-four (24) hour operation of a drive-thru. This may not be necessary for a majority of the area, which is primarily commercial in nature, but may be more useful nearer the COR-1 Sub-District, where more residential uses are permitted. This option would add a layer of review and cost to a project.

Amend City Code to permit outright twenty-four (24) hour operation of drive-thrus in the COR-2, COR-2b and COR-3 Sub-Districts. These Sub-Districts are intended primarily for business type uses in which audible speakers over night wouldn't really have a negative impact on surrounding uses. This same section of City Code also states that "electronic speaker devices, if used, shall not be audible beyond the property being served...", thus, if a nuisance developed as a result of twenty-four (24) hour operation of a drive-thru, the City could take action through existing code enforcement procedures.

The Planning Commission recommends approval of the proposed amendment.

Preparation of the Ordinance is being handled as part of regular Staff duties.

Motion to waive the City Charter requirement to read the ordinance aloud;

-AND-

Motion to adopt the proposed ordinance to permit outright twenty-four (24) hour drive-thru operations within the COR-2, COR-2b and COR-3 Sub-Districts.

Roll Call Vote:
Councilmember Elvig
Councilmember Kuzma
Councilmember Tossey
Councilmember Riley
Councilmember LeTourneau
Councilmember Backous
Mayor Strommen