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 amendments 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. At the October 22, 2013 meeting, the Board directed staff to prepare an ordinance that would remove land uses with drive-through windows as a potential use for future development from the remaining zoning districts that allow them.
In following up with this directive, staff reviewed historical information and more recent findings related to the environmental, accessibility and land use implications of drive-through uses. Staff felt it would be helpful to share this information with the Board of Aldermen before text amendments were drafted.
Background
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 windows (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 should not to be confused with 8.500 carry out service (food picked up inside for off-premises consumption), 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 a brief 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>
As 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, Sun Trust 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 have subsequently located in Carrboro Plaza, the State Employees Credit Union and Arby's. Sun Trust Bank, previously known as Central Carolina Bank, is also located in Carrboro Plaza.)
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 the second option. Advisory board comments, during the public hearing process, provided further refinement to the draft 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). The adopted amendment included provisions for a handrail barrier to prevent pedestrians from walking directly into the path of the drive-through lane, in response to advisory board comments.
Considerations
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 general discussion regarding land uses with 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 (air quality) 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; and
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 effectively result in banks not locating in those districts.
The attached two tables (Attachment F) 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. Staff has inserted + and - symbols to indicate potential scenarios whereby the use classification would contribute to the discussion topic elements in a positive way (+) or negative way (-), (+/-) to indicate where the scenario could be perceived to be either a positive or negative depending on one's perspective, and NA to indicate scenarios which would not apply to either. Using Drive-In Movie Theaters (use 6.260) as an example staff has inserted NA under environmental protection and walkability and + under economic development and equal access. Since the romantic appeal of a drive-in movie is to watch the movie from the car it seems unlikely that someone would walk or bike to a drive-in. Therefore the elements of idle/stop-start concerns and walkability seem non-applicable for this particular land use. However, the retro appeal of drive-in theaters could contribute to economic development and could make it easier for citizens with mobility issues to attend movies (+).
The charts are not intended to predict the only way to evaluate these use classifications and their potential impact to the community. Rather, the purpose of the charts is to try to gain a better understanding of land uses that include a drive-in or drive-through window component to aid in a determination of when and where such uses may be appropriate or even beneficial.
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 regulations affecting land uses with drive-in windows and drive-through windows and provide input on this topic.