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1st Reading: <br />March 22, 2010 <br />Publication: Mal '4 , 2.0 t b <br />2"d Reading: <br />April 12, 2010 <br />Effective: ruvie 3, Z o L b <br />Council Member <br />moved for adoption of the following ordinance: <br />CITY OF LINO LAKES <br />ORDINANCE NO. 05-10 <br />AN ORDINANCE AMENDING THE TOWN CENTER DESIGN AND <br />DEVELOPMENT GUIDE REQUIREMENTS FOR OUTDOOR SEATING <br />Section 1 Findings <br />1. The mixed use area of the Lino Lakes Town Center, currently called Legacy at Woods Edge, <br />was rezoned to Planned Unit Development by Ordinance No. 04-04. That ordinance also <br />stated that development of the property shall be subject to the Lino Lakes Town Center <br />Design & Development Guide as well as the provisions of the Lino Lakes Zoning Ordinance <br />and all other applicable chapters of City Code. <br />2. The Lino Lakes Town Center Design & Development Guide currently requires a conditional <br />use permit for outdoor dining/seating for eating places/restaurants/private clubs and lodges. <br />The Design & Development Guide does not address outdoor seating for other uses. <br />4. Whereas site plan reviews for new commercial buildings are reviewed administratively, a <br />conditional use permit requires a public hearing and approval by the city council. This adds <br />time and expense for a business without providing a benefit to the public that can't be <br />provided through an administrative review. Revising this requirement will create a more <br />friendly environment for new and existing businesses. <br />5. The category of conditional uses is intended for non-standard, atypical uses or elements. <br />Section 2, Subd. 2.A. of the Zoning Ordinance states: "Certain uses, while generally not <br />suitable in a particular zoning district, may under some circumstances be suitable. When <br />such circumstances exist, a conditional use permit may be granted." There is no reason to <br />consider outdoor seating "generally not suitable" in a planned unit development land use <br />district that allows restaurants and retail as permitted uses. As long as standards are <br />established that ensure that the seating will not pose a threat to public health, safety, and <br />welfare, outdoor seating is a benefit to both the public and the individual business. <br />6. As the Planned Unit Development zoning for the site includes the Town Center Design & <br />Development Guide, amending the Development Guide is considered a zoning amendment. <br />Section 2, Subdivision l of the Zoning Ordinance requires consideration of possible adverse <br />