5.5. SR 08-17-2009 - Laserfiche WebLink

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.''~ ~i Elk REQUEST FOR ACTION River To Item Number Plannin Commission 5.2. Agenda Section Meeting Date Prepared by Planning Items August 11, 2009 Jeremy Barnhart, Planning Manager Item Description Reviewed by Request by City of Elk River for Ordinance Amendment Relating to Restaurants, Case NO. OA 09-OS -Public Hearing Reviewed by Action Requested Staff supports a Planning Commission recommendation of approval of the ordinance as drafted. Background/Discussion Since 2005, the City has reviewed 9 conditional use permits for restaurants. They include: Broadway Pizza, (twice); Caribou Coffee, Chipotle, Jimmy Johns, Sonic, Subway, McCoy's, and Sweet P's. With the exception of McCoy's and Sweet P's, all of the restaurants above are in the C-3 (Highway Commercial) zone. Conditional use permits include two public hearings, and typically take about 6 weeks from application to Council decision, assuming there are no delays. Often, initial conversations with prospective restaurants occur in the middle of a month, so the time from initial conversation to City Council approval is 2 months or more. In the Planning Commission and City Council review of the above-described cases, no issues were identified that were not identified in the site plan review process. Financial Impact None Attachments • Proposed Ordinance Analysis The City code places restaurants into 2 categories, Class I, or Class II. The definitions follow, from the City Code: Be.rtaurant (class I) means a restaurant where food served to the customer is to be consumed by the customer while seated on the premises. Class I restaurants are of a traditional or sit-down variety restaurant where food is served to a customer at a table while seated, as distinguished from the fast food or convenience variety. Carryout food sales are permitted if incidental to a sit-down restaurant.