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HomeMy WebLinkAbout2010-004 Council Ordinanceslst 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. �.. The proposed amendments to the Zoning Ordinance support the following policies found in the Policy Plan chapter of the 2002 Comprehensive Plan: Commercial Policies 5. Promote a full and broad range of office, service, retailing, dining, and entertainment uses within the commercial areas of Lino Lakes that address the needs of the residents. 6. Attract new businesses to Lino Lakes that are complementary to existing businesses, and will contribute to the customer attraction and business interchange of the local commercial areas. 16. Pursue retail and service providers that would complement the existing commercial land uses and/or contribute to the accumulative attraction of Lino Lakes' commercial areas In addition, the Land Use Plan chapter of the 2002 Comprehensive Plan lists the following strategies to be implemented to promote quality commercial areas. The proposed amendments to the Zoning Ordinance support these strategies. 1. The City will utilize its zoning regulations to define the range of commercial land use that may be appropriate for each proposed commercial location. Through its commercial site planning, the City will require new commercial development to be compatibly designed with surrounding land uses through the use of transitional land uses, proper setbacks, building orientation, screening and landscaping. 3. The City will promote commercial site designs that emphasize pedestrian accessibility, shared parking, and green space in an effort to create a customer friendly environment and promote a high level of business interchange among local businesses when feasible. 2. The proposed use is or will be compatible with present and future land uses of the area. The proposed amendments to the Zoning Ordinance specify, clarify, and define activities and uses that will be appropriate and compatible within specified zoning districts. 3. The proposed use conforms with all performance standards contained herein. The proposed amendments are creating or revising the performance standards to ensure uses will conform with standards throughout the Zoning Ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. 5. Traffic generation by the proposed use is within capabilities of streets serving the property. Ordinance No. 04-10, page 2 �-- Utility demand and traffic generation will continue to be addressed with new and existing uses, as required by the subdivision, zoning, and other chapters of the city code and official controls. The proposed amendments will not change this. 6. The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on February 10, 2010 and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Zoning Ordinance is hereby amended as shown in ATTACHMENT A. Section 3 Zoning Ordinance and City Code Stand As Amended As hereby amended, the Zoning Ordinance shall stand as initially passed and previously amended. Section 4 In Effect According to City Charter This ordinance shall be in force and effect from and after to the Lino Lakes City Charter. ttes : Julianne Bartell, ity Clerk blication according Reinert, Adopted by the Lino Lakes City Council this 8`'' day of March, 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Roeser thereof: O'Donnell, Roeser, Rafferty, Gallup, Reinert and upon a vote being taken thereon, the following voted in favor The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 04-10, page 3 ATTACHMENT A ORDINANCE NO. 04-10 Amendments to Lino Lakes Zonink Ordinance Additions are shown in underlined text. Deletions are shown in ..trik,,throu h text. SECTION 1. TITLE / APPLICATION / RULES Subd. 2. Rules and Definitions. B. Definitions. The following words and terms, wherever they occur in this Ordinance, shall be interpreted as herein defined: Golf Course. An outdoor facility with at least nine holes for playing golf and that may include accessory facilities and uses that serve the golfers such as a clubhouse, driving range, pro shop, restaurants or other food and beverage services with or without outdoor dining/seating, maintenance buildings, cart storage, shelters, lockers and showers. This definition includes outdoor driving ranges but does not include miniature golf courses. On -sale liquor sales may be an accessory use at a golf course provided the license required by Chapter 700 of the City Code is obtained and current. Golf Course, Miniature: A facility for playing a novelty, small version of golf played with a putter, typically comprised of miniature putting greens with artificial playing surfaces and obstacles such as bridges and tunnels. Recreation Area. A parcel An outdoor area which may include water bodies and incidental buildings thereto used or intended for active or passive recreation, including, but not limited to, parks, playground, golf courses, hunting preserves, polo grounds, nature trails, bridle paths, beaches, campsites, ski and snowmobile trails, and canoe routes, provided that parcels on which there are located stadiums, arenas, bowling alleys, swimming pools, and other recreational activities conducted primarily in structures are not recreation areas. SECTION 3. GENERAL PROVISIONS Subd. 16. Accessory Outdoor Dining or Seating Facilities. A. Purpose and Intent. The purpose of this section is to provide standards for the establishment and use of accessory outdoor dining or seating facilities that are intended for consumption of food or beverages purchased at the principal use on the site. This section is intended to apply to dining or seating facilities associated with and accessory to principal uses such as restaurants and retail establishments that offer food or beverages, whether or not service is provided to the outdoor seating area. This section is not intended to apply to outdoor seating such as park benches or picnic tables in parks or other public gathering and recreation areas. When an administrative permit for outdoor dining or seating is required, it may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. B. Requirements. 1. The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, chairs, benches, refuse receptacles, wait stations, fencing. planters, and other elements of the outdoor area. This submittal information must sufficiently demonstrate that all requirements are met. The information can be included as part of a submittal for another permit or approval. 2. If alcoholic beverages are served or consumed in the outdoor area, the proper license required by Chapter 700 of the City Code must be current. 3. All lighting be hooded and directed away from adiacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. 4. The site plan shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining/seating area by providing the following: a) The outdoor dining/seating area shall be at least partially segregated from through pedestrian circulation by means of temporary or permanent fencing, bollards, ropes, plantings, or other methods. If the outdoor seating consists of four or fewer tables and there is no outdoor service, this requirement may be waived if other requirements are met to sufficiently avoid disruption of circulation. b) The minimum clear passage zone for pedestrians at the perimeter of the outdoor seating/dining area shall be at least five (5) feet without interference from tables, chairs, planters, parked motor vehicles, bollards, Attachment A, Ordinance No. 04-10, page 2 trees. tree gates, curbs. stairways, trash receptacles, street lights, parking meters, or the like. c) Overstory canopy trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven (7) feet above the sidewalk. 5. The dining/seating area shall be surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean. attractive, and functional surface. 6. A minimum width of thirty-six (36) inches shall be provided within aisles of the outdoor dining/seating area. 7. Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be reviewed as part of the administrative permit application. 8. When the outdoor dining/seating is accessory to a restaurant, additional off- street parking shall be required, pursuant to the requirements set forth in Section 3, Subd. 5 of this Ordinance, based on the additional seating provided by the outdoor area. 9. The outdoor dining/seating area shall be designed to avoid potential conflict with motor vehicle parking or circulation. 10. Refuse containers shall be provided for self-service outdoor dining/seating areas. Such containers shall be placed in a manner which does not disrupt pedestrian circulation, and must be designed to prevent spillage and blowing litter. 11. The outdoor area shall be kept clean and otherwise maintained in an orderly, sanitary, attractive condition. Attachment A, Ordinance No. 04-10, page 3 SECTION 7. BUSINESS DISTRICTS Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. In the NB District, unless otherwise provided in this Ordinance, no building or land shall hereafter be erected, or structurally altered except for one or more of the following uses. 6. Restaurant without drive-through service facilities er—and without outdoor dining or seating. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the NB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2 of this Ordinance. 3. Restaurants with accessory outdoor dining facilities provided that: a. Thc applicant submit a site plan and other pertinent information receptacles, and wait stations. b. Accecc to the dining area shall be provided only via the principal building if alcoholic beverages aro served in the outdoor dining arca. c. Thc size of the dining arca is restricted to thirty (30) percent of the total customer floor arca within the principal structure. d. All lighting be hooded and directed away from adjacent residential c. The applicant demonstrates that pedestrian circulation is not 1) Outdoor dining area shall be at least partially segregated subject to rcview and approval by the City Council. 2) Minimum cI er paccagc zone for pedestrians at tho perimeter of the restaurant shall be at least five (5) feet Attachment A, Ordinance No. 04-10, page 4 trees, tree gates, curbs, stairways, trach receptacles, street lights, parking meters, or thc like. extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum cl arancc of seven (7) fcct above sidewalk. I. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 3. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of Section 3, Subd. 16 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. Subd. 2. LB, Limited Business District. F. Permitted Uses. In the LB District, no building or land shall be used, and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 8. Restaurant without drive-through service facilities or -and without outdoor dining or seating. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the LB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 9. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information receptacles, and wait stations. b. Access to thc dining aroa shall be provided only via thc principal building if alcoholic beverages arc served in the outdoor dining area Attachment A, Ordinance No. 04-10, page 5 c. The size of the dining ar a is restricted to thirty (30) percent of the total customer floor ar a within the principal structure. d. All lighting be hooded and directed away from adjacent residential c. The applicant demonstrates that pedestrian circulation is not 1) Outdoor dining arca shall be at least partially segregated 2) Minimum cl ar pa,cagc zone for pedestrians at the perimeter of the restaurant shall be at least five (5) feet without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or pedestrian aisle shall have a minimum clearance of seven f. The dining area is surfaced with concrete, bituminous or decorative pavers or may consist of a deck with wood or other flooring material that provides a clean, attractive, and functional surface. g. A minimum width of thirty six (36) inches shall be provided within aisles of the outdoor dining area. h. Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or permanently fixed or attached to the sidewalk shall not be subject to permanently fixed or attached furniture mu --- i. Additional off street parking shall be required pursuant to the requirements set forth in Section 3, Subd. 5 of this Ordinance based Attachment A, Ordinance No. 04-10, page 6 j• Refuse containers are provided for self service outdoor dining areas. Such containers shall be placed in a manner which does not spillage and blowing litter. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 3. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site. provided that requirements of Section 3. Subd. 16 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development. or building permit. Subd. 3. GB, General Business District. F. Permitted Uses. In the GB District, no building or land shall be used.. and no building shall be erected, converted or structurally altered unless otherwise provided herein, except for one or more of the following uses. 10. Restaurant with or without drive-through facilities, without outdoor dining or seating. H. Conditional Uses. Subject to applicable provisions of the Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based upon the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 13. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information receptacles, and wait stations. b. Access to the dining area shall be provided only via the principal building if alcoholic beverages are served in the outdoor dining arca. c. The size of the dining arca is restricted to thirty (30) percent of the Attachment A. Ordinance No. 04-10, page 7 .AL Mk Mb . -- - - - .. - - Or IV IV uses in accordance with Section 3, Subd. 4.F of this Ordinance. following: . - . A. — . . - - - — - - - - - - - - - - - - - - - - from through pedestrian circulation by mens of temporary 2) Minimum cler passage zone for pedestrians at the .mr .- - . I. MP IV NI IV . - -- IV without interference from parked motor vehicles, bollards, trees, tree gates, curbs, stairways, trash receptacles, street lights, parking meters, or the like. 3) Overstory canopy of trees, umbrellas or other structures extending into the pedestrian clear passage zone or g. The dining arca is surfaced with concrete, bituminous pavers or may consist of a deck with wood or o# -her flooring material == at A minimum width of thirty six (36) inch -es shall be provided within - - - -- Ai- - - - - -- --- Mr- - h. Storage of furniture shall not be permitted outdoors between November 1 and March 31. Outdoor furniture that is immovable or - - .. . - -- -Or 411, dft the storage prohibition of this section. However, any immovable or i. Additional off street parking shall be required pursuant to the Refuse containers arc provided for self service outdoor dining .. . - -- - - - - ==- disrupt pedestrian circulation, and must be designed to prevent Attachment A, Ordinance No. 04-10. page 8 I. Uses by Administrative Permit. Subject to applicable provisions of this Ordinance, the following uses are allowed by administrative permit, as may be approved by the Zoning Administrator: 3. Accessory outdoor dining or seating facilities intended for consumption of food or beverages purchased on site, provided that requirements of Section 3, Subd. 16 are met. This administrative permit may be incorporated into another approval such as but not limited to a site plan, planned unit development, or building permit. Attachment A, Ordinance No. 04-10, page 9 AGENDA ITEM 6 A i. and ii. STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: March 8, 2010 TOPIC: i. Second Reading, Ordinance No. 04-10 Amendments to Zoning Ordinance Regarding: • Requirements for Outdoor Dining/Seating, and • Golf Courses Definition and Uses ii. Resolution No. 10-13 Summary of Ordinance 04-10 for Publication VOTE: 3/5 vote on Ordinance 04-10 4/5 vote on summary Resolution 10-13 BACKGROUND The City Council approved the first reading of Ordinance No. 04-10 on February 22. The zoning ordinance currently requires a conditional use permit for outdoor dining areas at restaurants. This adds time and expense for a business while adding no public benefit that can't be provided through an administrative review. A second concern is that the zoning ordinance does not address outdoor seating for businesses that are not restaurants or that is not for "dining". The amendments will create a more friendly environment for new and existing businesses. A separate issue arose from discussions with the Anoka County Parks Department regarding activities at golf courses. Addressing these issues improves the ability for golf courses to operate and supports cooperation with Anoka County Parks. Minnesota Statutes allows the City Council to approve by a 4/5 vote that a summary be published. Resolution No. 10-13 is the summary of the ordinance for publication. OPTIONS 1. Approve the second reading of Ordinance 04-10 amending the Zoning Ordinance. 2. Approve Resolution No. 10-13 for publication. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2