03/10/2010 P&Z Packet - Laserfiche WebLink

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• • AGENDA ITEM VII B STAFF ORIGINATOR: Jeff Smyser P & Z MEETING DATE: March 10, 2010 TOPIC: PUBLIC HEARING Planned Unit Development Amendment: Amending Town Center Design & Development Guide Regarding Outdoor Dining /Seating BACKGROUND 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. Lino Lakes Town Center Design & Development Guide (Development Guide) creates land uses and their locations. It also creates regulations for those land uses. These regulations govern building placement, architectural standards, parking, and other aspects of development that commonly are regulated by zoning standards. In effect, the Development Guide is a set of special zoning standards that apply only in mixed use area of the town center. As time goes on, we learn that individual elements of the standards warrant amendment. We recently amended the outdoor dining /seating requirements in the Zoning Ordinance. That amendment includes changing outdoor dining/seating from a conditional use permit to an administrative permit. The proposal tonight is the same change in the Town Center Development Guide. ANALYSIS Chapter 3 of the Development Guide includes standards for the Commercial, Mixed Use, and Civic districts. The standards include Table 1, listing allowable uses. Currently, the commercial and Mixed Use districts allow outdoor seating associated with eating places /restaurants /private clubs and lodges as a conditional use. That is, a conditional use permit (CUP) is required. As we noted when amending the Zoning Ordinance, the category of conditional uses is intended for non - standard, atypical uses or elements. 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." (Section 2, Subd. 2.A.)