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Chapel Hill seeks to clarify drive-through rules

Town considers clearer regulation

Two businesses with drive-throughs are in talks with the town of Chapel Hill to open up shop.

Meanwhile, the Economic Development Department is trying to clarify drive-through rules.

Businesses constructed after 2003 are not allowed to have drive-throughs, which can affect sales.

The construction of drive-through windows is only allowed in Chapel Hill with a special use permit, Senior Planner Kay Pearlstein said.

The department is reviewing the results of past applications, and Economic Development Officer Dwight Bassett will present the findings at a hearing.

“What we’re seeking is to have clarity on what the council desires,” Bassett said.

The permit is awarded after the council reviews the application and holds a public hearing. The entire process can take between 12 and 18 months, Pearlstein said.

The McDonald’s on Franklin Street would have better sales if it had a drive-through, General Manager Martinez Hernandez said.

A lot of customers are looking for a quick meal and do not want to stop and park.

Hernandez said many of his customers turn to other businesses that have drive-through windows.

A shortage of parking also deters business, Hernandez said. Although the restaurant has its own parking lot, customers of other businesses often use McDonald’s parking lot.

“You have no idea. We get [complaints] every day,” Hernandez said.

The Chapel Hill Town Council did not allow McDonald’s to construct a drive-through out of concern that it would affect the traffic flow.

“I understand where they are coming from,” Hernandez said. “But as a business, we want to do what is best for us.”

Restaurants like Wendy’s in Carrboro and Sunrise Biscuit Kitchen on East Franklin Street predate both towns’ legislation and are allowed to have drive-throughs.

In 1998, Carrboro adopted a permit policy for drive-throughs. The legislation allows certain businesses to earn a conditional use permit, which requires a public hearing, planing administrator Trish McGuire said.

Drive-through businesses are required to be at least 1,000 feet apart from each other and are not allowed in residential areas, McGuire said.

“The reason was to limit the amount and not have a proliferation of them,” McGuire said.

Bassett said he believes Chapel Hill’s regulations are just as strict as Carrboro’s, but stricter than Durham and Raleigh.

Neither town is considering revoking the legislation, which is forcing affected businesses to conform.

“There should be something in the middle that we could work out,” Hernandez said.

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