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• • • ATTACHMENT A, Resolution No. 10 -130 CITY OF LINO LAKES COUNTY OF ANOKA SUMMARY OF ORDINANCE NO. 05 -10 AN ORDINANCE AMENDING THE TOWN CENTER DESIGN & DEVELOPMENT GUIDE REGARDING OUTDOOR DINING /SEATING Section 1: Findings: 1) The area called Legacy at Woods Edge, rezoned to Planned Unit Development by Ordinance No. 04 -04, is subject to the Lino Lakes Town Center Design & Development Guide as well as the Zoning Ordinance and City Code. 2) The Development Guide requires a conditional use permit for outdoor dining /seating for eating places /restaurants /private clubs and lodges. The Development Guide does not address outdoor seating for other uses. 3) A conditional use permit adds time and expense for a business without providing a benefit to the public that can't be otherwise provided. 4) Outdoor seating is a suitable use in the Commercial and Mixed Use land use districts. 5) The amendments support policies and strategies in the Comprehensive Plan. 6) Amending the Development Guide is considered a zoning amendment and the amendment meets applicable criteria. 7) The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on March 10, 2010 and recommended approval. Section 2: The Town Center Design & Development Guide is amended as follows: Section 3.1, Table 1: Outdoor Dining /Seating are accessory uses instead of conditional uses in the Commercial and Mixed Use land use districts for: Eating places /restaurants /private clubs and lodges; Food stores; and Convenience stores. Alcohol service is an accessory use instead of a conditional use. Outdoor dining /seating is subject to Section 3, Subd. 16 of the Lino Lakes Zoning Ordinance except as specified. Appendix A: Requirements for accessory outdoor seating areas are removed from the list of conditional uses because they will be accessory uses. Section 3 As above amended, said Development Guide shall stand as initially passed and previously amended. Section 4: This ordinance shall be in effect in accordance with the City Charter. Passed by the Lino Lakes City Council on April 12, 2010. This is a summary of the adopted ordinance. A full printed copy of the ordinance is available at City Hall.