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Home My WebLink About6.h. Zoning Ordinance Text Amendment Relating to Standards for Drive-Through Facilities 4ROSEMOUNTEXEUTIVE SUMMARY CITY COUNCIL City Council Meeting Date:July 15, 2015 AGENDA ITEM: Case 14-39-TA Zoning Ordinance Text AGENDA SECTION: Amendment Relating to Standards for Consent Drive-Through Facilities PREPARED BY: Jason Lindahl, AICP AGENDA NO. Planner � , h APPROVED BY: ATTACHMENTS: Ordinance Amendment, Excerpt of 6/24/14 Planning Commission Meeting RECOMMENDED ACTION: Motion to Approve the Attached ordinance amending the Rosemount Zoning Ordinance B Relating to Standards for Drive-Through Facilities. SUMMARY The Planning Commission and staff recommend approval of the attached ordinance amending the City's development standards for drive-through facilities. This item was initiated by staff to remove repetitive language, streamline applicable development regulations and broaden the reference to drive-through facilities. Should the City Council approve this amendment there would be no substantive changes to the development regulations for drive-through facilities. Rather, this should be considered a"housekeeping"item intended to remove duplicative language and make the ordinance easier to use and interpret by the public. PLANNING COMMISSION ACTION The Planning Commission held a public hearing to review this item on June 24, 2014. Following a presentation from staff, the Commission held a public hearing that produced no comments. Commissioner Husain inquired as to what necessitated the proposed amendment. Staff replied that the City periodically receives questions about the standards for drive-through facilities and with the expansion of online retail more and more business are adding drive-throughs or designated areas for customer pick up. The Commission then voted to recommend the City Council approve this item. BACKGROUND The City of Rosemount last amended the development regulations for drive-through facilities in 2005. That amendment created new standards for drive-through facilities under the title "Drive- Through Facilities for Restaurants,Banks, and Other Similar Uses" and established them as a conditional use. Recent inquiries from retail uses have called into question the meaning of the "other similar use" portion of this term. Further,more retail establishments are requesting drive- through facilities than was envisioned when the ordinance was first initiated. Staff never intended to place a qualifying term on drive-through facilities and views all drive-through facilities as the same under the development regulations. Therefore staff is recommending removal of the business listings and just listing the conditional use as drive-through facilities. Through this process, staff also noticed repetitive language for drive-through facilities in Section 11-6-1.I: Off-Street Parking Regulations that can be revised to reference the standards in the C-3 and C-4 districts. The standards for drive-through facilities found within section 11-4-13 & 11-4-14 remain unchanged. ISSUE ANALYSIS Legal Authority. Zoning ordinance amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of structures or use. Under the law, the City has wide flexibility to create standards that will insure the type of development it desires. Propose Ordinance Changes. The attached ordinance details the proposed changes to the City's development standards for drive-through facilities. Sections 1 and 2 remove "for Restaurants,Banks and Other Similar Uses" from the title of Drive-Through Facilities in Sections 11-4-13: C-3 Highway Commercial District and 11-4-14: C-4 General Commercial District. Section 3 removes repetitive language and clarifies the references to Sections 11-4-13: C-3 Highway Commercial District, 11-4-14: C-4 General Commercial District and 11-10-7: Conditional Use Permits (CUP). CONCLUSION & RECOMMENDATION The Planning Commission and staff recommend approval of the attached ordinance amending the City's development regulations for drive-through facilities. This item was initiated by staff to remove repetitive language, streamline applicable development standards and broaden the reference to drive-through facilities. Should the City Council approve this amendment there would be no substantive changes to the development regulations for drive-through facilities. Rather, this should be considered a "housekeeping"item intended to remove duplicative language and make the ordinance easier to use and interpret by the public. 2 City of Rosemount Ordinance No. B- 236 AN ORDINANCE AMENDING THE CITY OF ROSEMOUNT ZONING ORDINANCE B RELATING TO STANDARDS FOR DRIVE-THROUGH FACILITIES THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA, ORDAINS that Ordinance B, adopted September 19, 1989, entitled"City of Rosemount Zoning Ordinance," is hereby amended as follows: Section 1. Rosemount Zoning Ordinance B, Section 11-4-13.D: Conditional Use is hereby amended as follows: Drive-through facilities `D-restattrants, L.,.nk and other Section 2. Rosemount Zoning Ordinance B, Section 11-4-14.D: Conditional Use is hereby amended as follows: Drive-through facilities for testattratits,banks, and other Section 3. Rosemount Zoning Ordinance B, Section 11-6-1.L• Off Street Parking Requirements is hereby amended as follows: Drive-Through Facilities For-Rest.,-u..-ants, Banks And Other- Simi of Us 1. of.,ehieles en the let 3. Size of Staeking Spaees! The minitnum size of staeking spaees shall be nine feet by eighteen feet (9'x 18+ 4-Conformance to Standards: All drive-through facilities fef festaufants, banks, and ather milarzses shall conform to the standafds listed above, th applieable eenditional use peffflit standards outlined in sections 11-4-13, "C-3 Highway Commercial District", and 11-4-14, 11C-4 General Commercial District", and 11-10-7 "Conditional Use Permits (CUP. ."e&his-t l as well as the plieable sections oft is title Section 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 15 day of July, 2014. CITY OF ROSEMOUNT William H. Droste, Mayor ATTEST: Clarissa Handler, City Clerk Published in the Rosemount Town Pages this day of , 2014. EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING JUNE 24, 2014 5.b. Case 14-39-TA Zoning Ordinance Text Amendment Relating to Standards for Drive-Through Facilities Planner Lindahl provided a summary of the staff report. This item was initiated by staff to remove repetitive language, streamline applicable development regulations and broaden the reference to drive-through facilities. Should the City Council approve this amendment there would be no substantive changes to the development regulations for drive-through facilities. Rather,this should be considered a "housekeeping"item intended to remove duplicative language and make the ordinance easier to use and interpret by the public. Commissioner Husain inquired as to what necessitated this change? Lindahl periodically receives inquiries on standards for drive through facilities. Zweber added that a number of retail stores are adding services in which customers can order on line and pick up at the store. Having designated areas for customers to pick up orders is where the inquiries of drive through regulations have come. The public hearing was opened at 7:32 p.m. There was not public comment. MOTION by Kurle to close the public hearing. Second by Husain. Ayes: 4. Nays: 0. Motion approved. Public hearing was closed at 7:32 p.m. Commissioner Kurle commended staff for going through ordinances and cleaning them up. This is important for commercial business and residents alike as it helps make ordinances easier to read and understand. MOTION by Husain to recommend that the City Council approve the ordinance amending the Rosemount Zoning Ordinance B Relating to Standards for Drive-Through Facilities. Second by Forster . Ayes: 4. Nays: 0. Motion approved.