09-16-1996 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON SEPTEMBER 16, 1996 0 ( #2 - Zoning Amendment - Continued) Hawn noted that there was no particular danger leaving the zoning as it currently stands in that the issue of drive -thru restaurants was a conditional use and would require review, while tobacco shops were a permitted use. She noted that the off - street parking relates to all of the zones. Callahan responded that the off - street parking for the most part required a business to be on the property. He said he did not understand the need for the permitted use, citing off - premise parking being permitted at the Art Center for the nearby marina. Gaffron said all of the parking code sections would be reviewed. Lindquist asked Gaffron to review the B -6. Gaffron indicated the B -6 revision would affect one item only. The B -6 includes office, banks, libraries, motels, and Class 1 restaurants (sit -down type). All drive -thru type uses are conditional uses. The committee suggested that a drive -thru bank would be acceptable but a drive -thru restaurant would lend itself to more options including fast food. The Committee suggested drive -thru restaurants be eliminated. Schroeder questioned why this use should be eliminated and inquired if the level of traffic was a factor. Gaffron said there were a number of reasons, one of which could be the lack • of wanting a fast food restaurant along Hwy 12. Gaffron said it does not mean fast food restaurants are bad, but reasons should be defined as to why this conditional use would not be permitted. Lindquist said the committee decided that eliminating the conditional use would eliminate future requests for such uses. Schroeder was informed by Gaffron that the B -6 zoning along Hwy 12 only involves the Otten properties and potentially the Willow to Old Crystal Bay Road area on the north. Lindquist asked if there were any public comments. John O'Sullivan asked if the reason behind the proposed change to the B -6 was fast -food restaurants or the drive -thru itself. He noted another city eliminating fast food restaurants and the change precluded the use by businesses that might have been desirable. O'Sullivan said there were certain types of dining that emphasized take out food, and the elimination of drive -thrus would hinder this application, citing examples of LeeAnn Chins, Culver's, and others. O'Sullivan said if eliminating fast food restaurants was the goal, maybe the definition of fast food needs to be determined. Stoddard said O'Sullivan made a good point in that the Commission cannot change life styles. Stoddard suggested retaining the conditional use as only two areas are affected and a reason of lack of accommodating the traffic could be a factor in future applications. Stoddard asked if the areas could not handle the traffic. Gaffron said traffic was not necessarily an issue. 4