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Legacy PUD Amendment: Outdoor Seating page 2 "Certain uses, while generally not suitable in a particular zoning district, may under some circumstances be suitable. When such circumstances exist, a conditional use permit may be granted." (Section 2, Subd. 2.A.) There is no reason to consider outdoor seating "generally not suitable" in a business zone that allows restaurants as permitted uses. As long as standards are established that ensure that the seating will not pose a threat to public health, safety, and welfare, outdoor seating is a benefit to both the public and the individual business. In addition, a CUP adds time and expense for a business while adding no benefit to the public that can't be provided through an administrative review. As noted when amending the zoning ordinance, outdoor seating can be desirable for uses other than just restaurants. The proposed amendments address this in the Development Guide, also. Amendments to Development Guide The Development Guide lists allowable uses in Table 1, found in Section 3.1 of the document. This table is relatively straightforward, listing uses and designating them as permitted, conditional, or accessory uses. Proposed amendments are attached to the ordinance. Sections of text where amendments are proposed are outlined with heavy, dashed lines to help locate them. Deletions are shown in sketlEr-eucja text, additions are underlined. The proposal changes outdoor seating from a conditional use to an accessory use for restaurants and adds it to food stores and convenient stores. Amendments to footnotes of the table are proposed as well. Some are clarifications, but the main revision incorporates by reference the section of the zoning ordinance that we recently amended, with two differences specified for the Town Center. Outdoor seating would be allowed within setbacks between buildings. Also, the Zoning Ordinance requires five feet of clearance for pedestrian circulation while the Town Center will require six feet. The Legacy area is intended to be more pedestrian friendly than anywhere else in the city, and the additional clearance supports this. The Development Guide lists conditional use permit requirements in its Appendix A. The requirements for outdoor seating would be deleted because outdoor seating would become an accessory use rather than a conditional use. This parallels the amendment to the zoning ordinance PLANNING & ZONING BOARD The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on March 10, 2010 and recommended approval. • • •