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lst Reading: February 22, 2010 Publication: March 1 5, 201 0 2nd Reading: TA „h 8 201 0 Effective: April 1 5, 201 0 Council Member n' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 04-10 AN ORDINANCE AMENDING THE ZONING ORDINANCE TO AMEND REQUIREMENTS FOR OUTDOOR SEATING AND DEFINE GOLF COURSE USES Section 1 Findings 1. The Lino Lakes Zoning Ordinance currently requires a conditional use permit for restaurants with accessory outdoor dining facilities. 2. It is not clear that the language in the Zoning Ordinance addresses informal seating, seating without dining, or non -restaurant outdoor seating. This ambiguity creates difficulty for the public and city staff in administering the performance standards. 3. 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. 4. 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 business zone 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. 5. Section 2, Subdivision lof the Zoning Ordinance requires consideration of possible adverse effects of a proposed zoning amendment and that the judgment of a proposed amendment to the Zoning Ordinance shall be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan.