Title
Amending Chapters 65 and 66 of the Legislative Code pertaining to drive-through sales and services and walk-up service windows.
Body
WHEREAS, on March 29, 2024 the Planning Commission initiated a zoning study to consider amendments to the Zoning Code regarding drive-through sales and services and connected regulations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 7, 2024 regarding the potential amendments and held the record open for written comments through June 10, 2024; and
WHEREAS, in a memo dated September 6, 2024, the Comprehensive and Neighborhood Planning Committee submitted a report to the Planning Commission in which recommendations and a rationale for amending specific sections of the Zoning Code were set forth: and
WHEREAS, on September 13, 2024, the Planning Commission, based on the Comprehensive and Neighborhood Planning Committee’s report and all the testimony received from the June 7, 2024 public hearing, duly submitted its recommendation to amend certain sections of the Zoning Code regarding drive-through sales and services and related regulations to the Mayor and City Council for its review and consideration; and
WHEREAS, a public hearing before the City Council having been duly conducted at which all interested parties were given an opportunity to be heard, and having considered all the testimony and recommendations concerning the proposed zoning text amendments, including the Planning Commission resolution and the Comprehensive and Neighborhood Planning Committee’s memorandum and their rationale for the recommended Zoning Code amendments which the Council finds persuasive and thus hereby incorporates by reference into this ordinance for the specific purpose of articulating the Council’s reasons and rationale for enacting the recommended amendments as set forth below in Section 1, in addition to any other reasons the Council might articulate on the record in adopting these amendments the Council, having considered all the facts and recommendations concerning the proposed zoning amendments and pursuant to the authority granted by and in accordance with the procedures set forth in Minnesota Statutes Sec. 462.357 states as follows:
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
SECTION 1 Chapters 65 & 66 of the Saint Paul Legislative Code are hereby amended to read as follows:
Existing language to be deleted is shown by strikeout. New language to be added is shown by underlining.
Chapter 65. - Zoning Code-Land Use Definitions and Development Standards
ARTICLE V. - 65.400. COMMERCIAL USES
Division 1. - 65.410. Office, Retail and Service Uses
Sec. 65.513. - Drive-through sales and services, principal and accessory.
Standards and conditions:
(a) Drive-through lanes and service windows shall must be located to the side or rear of buildings, shall must not be located between the principal structure and a public street, and shall must be at least sixty (60) feet from the closest point of any residentially zoned property or property occupied with a one-, two-, or multiple-family dwelling, unless that property is located across an arterial street from the drive through or it is buffered from the drive through by the principal building associated with the drive through, and excluding residential dwellings located in the same building or on the same zoning lot as the drive through. If the drive-through use is associated with a food and beverages use, the minimum distance per this standard is increased to one hundred twenty (120) feet.
(b) Points of vehicular ingress and egress shall must be located at least sixty (60) feet from the intersection of two (2) streets and at least sixty (60) feet from abutting residentially zoned property.
(c) Speaker box sounds from the drive-through lane shall must not be plainly audible so as to unreasonably disturb the peace and quiet of abutting residential property.
(d) A six-foot buffer area with screen planting and an obscuring wall or fence shall be is required along any property line adjoining an existing residence or residentially zoned property.
(e) Stacking spaces shall be provided for each drive-through lane. Banks, credit unions, and fast-food restaurants shall provide a minimum of four (4) stacking spaces per drive-through lane. Stacking spaces must be provided on the site and/or contiguous sites with shared vehicular circulation in the following minimum amounts: six (6) stacking spaces for banks, credit unions, and pharmacies; twelve (12) stacking spaces for fast-food restaurants; and fourteen (14) stacking spaces for coffee shops. The stacking spaces counted towards the minimum may be aggregated from all drive-through lanes if there is more than one, so long as there are at least two (2) stacking spaces per lane. Additional stacking beyond the above-listed minimums may be required based on transportation analysis during site plan review. Stacking spaces for all other uses shall be determined by the zoning administrator. Required stacking spaces must not interfere with required circulation on the site. In no event are vehicles permitted to stack into public sidewalks, trails, bicycle lanes, alleys, or streets.
Additional conditions in the T2 traditional neighborhood district:
(f) There shall be no more than one (1) drive-through lane and no more than two (2) drive-through service windows, with the exception of banks, which may have no more than three (3) drive-through lanes. In T3-T4 traditional neighborhood districts the drive-through service windows must be part of a building with at least four stories in height and 40,000 square feet in floor area.
(g) The number of curb cuts shall be minimized. In light rail station areas, there shall generally be no more than one (1) curb cut on a block face per drive-through. Drive-through sales and services are prohibited along the entire length of block faces adjacent to light rail transit station platforms. Drive-through lanes and the primary points of vehicular ingress and egress for drive-through customers are not permitted to be within six hundred and sixty (660) feet of a light rail transit station, bus rapid transit station, arterial bus rapid transit station, or streetcar station, nor a planned such station associated with a transit project that has been approved to enter project development phase by the Federal Transit Administration or that has a full funding commitment.
Sec. 65.612. Coffee kiosk.
A retail food business in a freestanding building that sells coffee, or other beverages, and premade bakery goods from a drive-through window to customers seated in their automobiles for consumption off of the premises and that provides no indoor or outdoor seating.
Standards and conditions:
See section 65.513, drive-through sales and services, principal and accessory.
ARTICLE VII. - 65.900. ACCESSORY USES
Sec. 65.924. - Walk-up service window.
A service window accessory to a food and beverages use that is designed to provide food and/or beverage service to customers approaching the building as pedestrians.
Standards and conditions:
(a) Dedicated, safe pedestrian access must be provided to the service window from an adjacent public sidewalk.
(b) Any walk-up service window with pedestrian queuing anticipated in the public right-of-way must not obstruct normal pedestrian flow in the public right-of-way and must receive approval from the department of public works.
(c) A walk-up service window may not simultaneously function as a drive-through service window.
Chapter 66. - Zoning Code-Zoning District Uses, Density and Dimensional Standards
ARTICLE III. - 66.300. TRADITIONAL NEIGHBORHOOD DISTRICTS
Division 2. - 66.320. Principal Uses in Traditional Neighborhood Districts
Sec. 66.321. - Principal uses.
Table 66.321. Principal Uses in Traditional Neighborhood Districts
[SEE ATTACHED TABLE 66.321]
ARTICLE IV. - 66.400. BUSINESS DISTRICTS
Division 2. - 66.420. Principal Uses in Business Districts
Sec. 66.421. - Principal uses.
Table 66.421. Principal Uses in Business Districts
[SEE ATTACHED TABLE 66.421]
SECTION 2. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication.