File #: 14-0039    Version: 1 Name:
Type: Agendas Status: Other Matters
File created: 2/3/2014 In control: Board of Aldermen
On agenda: 2/11/2014 Final action:
Title: Discussion on land uses associated with drive-in and drive-through windows PURPOSE: The purpose of this item is to provide the Board of Aldermen with an opportunity to discuss regulations affecting land uses with drive-in and drive-through windows.
Attachments: 1. Att A - Excerpts from ART-XI-drive-in windows, 2. Att B - ART-X of the LUO Table of Permissible Uses, 3. Att C - EPA Article on Extended Vehicle Idling, 4. Att D - US Dept of Energy Idle vs stop at drive-thru, 5. Att E - US Dept of Energy Idle vs stop and start paper
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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TITLE: Title
Discussion on land uses associated with drive-in and drive-through windows
 
PURPOSE:  The purpose of this item is to provide the Board of Aldermen with an opportunity to discuss regulations affecting land uses with drive-in and drive-through windows.  
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DEPARTMENT: Planning
 
CONTACT INFORMATION: Christina Moon - 919-918-7325; Patricia McGuire - 919-918-7327
 
INFORMATION:  In June and September of 2013, the Board of Aldermen considered a request for a conditional use permit (CUP) modification for the Bank of America branch located on East Main Street regarding its drive-through teller station.  Shortly thereafter, the Board received a request for text amendment to allow additional uses in M-1 zoning district subject to a CUP, including banks with drive-in windows and freestanding ATMs.  These recent requests have brought to the surface questions relating to the appropriateness of drive-in and drive-through windows in the downtown and elsewhere in the Town's jurisdiction.   
 
The Board discussed the topic of drive-in and drive-through windows at length during several meetings in 1997 and 1998 and subsequently adopted amendments to the Land Use Ordinance (LUO) following a public hearing on June 9, 1998.  Agenda materials from the public hearing may be found at: <http://www.townofcarrboro.org/BoA/Agendas/1998/06_09_1998.pdf>.  The LUO distinguishes drive-in uses from drive-through uses in the Table of Permissible Uses (Section 15-146).  The descriptions for use category 8.000 restaurants (including food delivery services), bars, night clubs, includes the following subsections:
o      8.300   Drive-in -- (service to and consumption in vehicle on premises)
o      8.400   Drive-through windows - (service directly to vehicles primarily for off-premise consumption)  
These uses are not to be confused with 8.500 carry out service (food picked up inside for off-premises consumption) or 8.600 food delivery, or 8.700 mobile prepared food vendors.
 
The 1998 discussion focused on the use of drive-in/drive-through windows in the downtown, mainly in the B-1(c) and B-1(g) zoning districts.  Staff included an analysis of existing businesses with drive-through windows as part of the work session materials for March 24, 1998.  Information from that meeting can be found at the following link: <http://www.townofcarrboro.org/BoA/Agendas/1998/03_24_1998.pdf>
 
Also part of that analysis, staff identified six existing businesses with drive-in/drive-through uses in or near the downtown; five businesses are still in operation in those locations: Bank of America, Wendy's, PNC Bank, Central Carolina Bank, and Burger King.  Of those, three-Bank of America, Wendy's and PNC Bank are within the downtown and still appear to be compatible with the needs of the community for those who may have limited mobility and for those who do not and prefer to walk.  (Two other businesses are currently located in Carrboro Plaza, the State Employees Credit Union and Arby's.)  Staff presented three alternatives for the Board's consideration in 1998.
1.      Adopt an ordinance prohibiting drive-in and drive-through uses in all zoning districts.
2.      Provide direction to staff concerning those uses and locations where drive-in/through uses may be allowed to continue and where they should be prohibited entirely.
3.      Leave the present use classifications and regulatory measures as they are.
 
The Board moved forward with option #2.  Advisory board comments, during the public hearing process, provided further refinement to the amendment in an effort to address safety concerns such as the potential for drive-through patrons to interact with patrons leaving the building on foot.  The Board of Aldermen subsequently adopted text amendments which included the performance standards for businesses with drive-in windows found in Section 15-176.1 of the LUO, Supplementary Use Regulations (Attachment A).  To reiterate the difference between drive-through and drive-in windows, a drive-through window allows customers to purchase products or conduct business without leaving their vehicle.  Cars typically stack and move in one direction within a designated lane.  Drive-in uses typically provide a place for customers to park their cars while food is brought to them or while they watch a movie.  The adopted amendment included provisions for a handrail barrier to prevent pedestrians from walking directly into the path of the drive-through lane.
 
The general discussion regarding the topic of drive-in and drive-through windows, in the late 1990s and in the present, tends to target four main areas which when in balance support a vibrant and successful community.
 
1)      Addressing environmental concerns linked to idling
2)      Creating and promoting a walkable community, one that encourages residents to get out of their cars for all of the associated benefits
3)      Promoting economic development by allowing land uses with a strong economic return to occur in key areas
4)      Ensuring equal access to services for all citizens including those with special needs such as the elderly, those with disabilities and perhaps even parents with young children.
 
Research on the negative effects of extended idling have focused more on large diesel truck use than on individual cars.  Findings from environmental studies comparing the impact of car idling while using drive-through windows as opposed to parking and going inside the building have not conclusively supported either option as significantly less detrimental (Attachments C through E).  Information regarding the other three elements has also proved somewhat inconclusive in that there are a number of elements that impact walkablity in a downtown and the ability of special needs population to have access to services.  For example, some patrons may find a drive-through lane or window difficult to maneuver while others may find the services virtually unavailable to them without a drive-through option.  Similarly, the practical impact of prohibiting certain uses such as banks with drive-in windows in zoning districts that are outside of the downtown may in effect serve as a determination that such uses will not be allowed in those districts.
 
The following two tables are designed to facilitate further discussion by providing a comparison of the existing land use classifications that include a drive-in/drive-through service with the four areas identified as elements that contribute to a vibrant and successful community.
 
    
 
 
 
FISCAL & STAFF IMPACT: There is no fiscal impact related to the discussion of this item.  Costs are associated with public hearings and staff time should the Board wish to pursue text amendments to the Land Use Ordinance.
 
RECOMMENDATION:r Staff recommends that the Board of Aldermen discuss land use regulations affecting drive-in windows and provide input relating to possible next steps, which may include text amendments to the Land Use Ordinance.