Commission discusses request to consider text amendment for rebuilding fast-food sites with drive‑throughs

The Zoning Commission considered correspondence asking it to study a text amendment to permit rebuilding of existing fast-food restaurants with drive-throughs. The commission discussed whether the issue should be handled by map amendment, a special-exception path before the Board of Zoning Adjustment (BZA), or a text amendment initiated by an interested party; no formal motion or vote was taken.

Michelle Shelly of the Office of Zoning said the correspondence came from a letter submitted after a recent McDonald’s case; the letter asked the commission to examine permitting rebuilding of existing fast-food restaurants with drive-throughs. Shelly presented the letter and asked the commission how it wished to proceed.

Vice Chair Miller said the matter had come up before and encouraged Holland & Knight or another interested party to file a text amendment if they wished the commission to consider it formally. "I would just encourage, if they're listening, Holland and Knight, on behalf of their client or on their own to maybe file a text amendment with the zoning commission," Miller said, adding that Office of Planning could then review it as part of the commission’s hearing process.

Commissioner Lieberman said he was not opposed to studying the idea but requested more information, asking, "I'd be curious to know ... how many additional restaurants this might impact, if that information ... is available." Other commissioners agreed that additional analysis and data would be helpful and that a special-exception process before the BZA might be an alternative to map amendments in some cases.

The commission noted Office of Planning's limited current workload and said OP may not proactively prepare a text amendment but would review one if filed. Commissioners encouraged parties interested in pursuing a text amendment to submit a formal filing so OP and the commission could consider it. The body took no formal action and left next steps to the letter’s author and interested parties.