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REQUEST FOR ACTION <br />To Item Number <br />Ci Council 5.5. <br />Agenda Section Meeting Date Prepared by <br />Communi Develo ment Au st 17, 2009 erem Barnhart, Plannin Mana er <br />Item Description Reviewed by <br />Request by City of Elk Rivex fox Ordinance Amendment <br />Relating to Restaurants, Case NO. OA 09-05 -Public Hearing Reviewed by <br />Action Requested <br />Adoption of ordinance as drafted. <br />Summary <br />Last month, the Council authorized staff to review potential changes to the review regulations associated with <br />restaurants. Currently, the restaurants are a conditional use in many districts. Staff prepared an ordinance that <br />amends the C-3 and C-4 zoning districts: <br />Class I restaurants (generally sit down) are a permitted use in both the C-3 and C-4 zoning districts. Class II (drive <br />thru or fast food) are a permitted use in the C-3, and a Conditional use everywhere else. The attached Planning <br />Commission staff report explains the changes in greater detail. <br />The Council may recall some discussion regarding the creation of a new land use classification, an ice cream shop. <br />The Ordinance does not propose language for this issue because, through the research, staff found that a separate <br />ice cream parlor category was rarely used. Where they were used, they were often associated with coffee shops, and <br />staff is uncomfortable recommending these two uses together; coffee shops may inject an odor that is undesirable <br />in larger quantities or frequencies. Lastly, staff was uncomfortable regulating food manufacturing businesses by <br />specifying the type (ingredients) of food. <br />Planning Commission Discussion <br />The Planning Commission supported the language as presented. <br />Public Comment <br />No public comment was received. <br />Attachments <br />• Staff Report to Planning Commission dated August 11, 2009 <br />• Request for authorization, dated July 13, 2009 <br />• Draft Ordinance <br />Action Motion by Second by Vote <br />Follow Up <br />C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\CC staff report 8-17-09.doc <br />