03/22/2010 Council Packet - Laserfiche WebLink

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Reading: Publication: 2nd Reacting: Effective: Council Member moved for adoption of the following ordinance- CITY OF LINO LAKES ORDINANCE NO. 05 -10 AN ORDINANCE AMENDING THE TOWN CENTER DESIGN AND DEVELOPMENT GUIDE REQUIREMENTS FOR OUTDOOR SEATING Section 1 Findings 1. The mixed use area of the Lino Lakes Town Center, currently called Legacy at Woods Edge, was rezoned to Planned Unit Development by Ordinance No. 04 -04. That ordinance also stated that development of the property shall be subject to the Lino Lakes Town Center Design & Development Guide as well as the provisions of the Lino Lakes Zoning Ordinance and all other applicable chapters of City Code. 2. The Lino Lakes Town Center Design & Development Guide currently requires a conditional use permit for eating places /restaurants /private clubs and lodges. The Design & Development Guide does not address outdoor seating for other uses. 4. Whereas site plan reviews for new commercial buildings are reviewed administratively, a conditional use permit requires a public hearing and approval by the city council. This adds time and expense for a business without providing a benefit to the public that can't be provided through an administrative review. Revising this requirement will create a more friendly environment for new and existing businesses. 5. The category of conditional uses is intended for non - standard, atypical uses or elements. Section 2, Subd. 2.A. of the Zoning Ordinance states: "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." There is no reason to consider outdoor seating "generally not suitable" in a planned unit development land use district that allows restaurants and retail 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. 6. As the Planned Unit Development zoning for the site includes the Town Center Design & Development Guide, amending the Development Guide is considered a zoning amendment. Section 2, Subdivision l of the Zoning Ordinance requires consideration of possible adverse • • •