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HomeMy WebLinkAbout2010-005 Council Ordinances1st Reading: March 22, 2010 Publication: Mal '4 , 2.0 t b 2"d Reading: April 12, 2010 Effective: ruvie 3, Z o L b Council Member moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 05-10 AN ORDINANCE AMENDING THE TOWN CENTER DESIGN AND DEVELOPMENT GUIDE REQUIREMENTS FOR OUTDOOR SEATING Section 1 Findings 1. 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. 2. The Lino Lakes Town Center Design & Development Guide currently requires a conditional use permit for outdoor dining/seating for eating places/restaurants/private clubs and lodges. The Design & Development Guide does not address outdoor seating for other uses. 4. 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. 5. 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 planned unit development land use district 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. 6. As the Planned Unit Development zoning for the site includes the Town Center Design & Development Guide, amending the Development Guide is considered a zoning amendment. Section 2, Subdivision l of the Zoning Ordinance requires consideration of possible adverse Ordinance No. 05-10 page 2 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 Town Center Design & Development Guide specify and clarify activities and uses that will be appropriate and compatible within specified land use districts. Ordinance No. 05-10 page 3 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 in the Town Center Design & Development Guide and the Zoning Ordinance. 4. The proposed use can be accommodated with existing public services and will not overburden the City's service capacity. S. Traffic generation by the proposed use is within capabilities of streets serving the property. 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. 7. The Lino Lakes Planning & Zoning Board held a public hearing on the amendments on March 10, 2010 and recommended approval. Section 2 Amendment of Zoning Ordinance Approved The City Council of Lino Lakes ordains that the Lino Lakes Town Center Design & Development Guide is hereby amended as shown in ATTACHMENT A. Section 3 Town Center Design & Development Guide Stands As Amended As hereby amended, the Town Center Design & Development Guide 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 its passa to the Lino Lakes City Charter. Attest. ulianne Bartell, C ty Cle e and pub . tion according Jeff Reine ayor Ordinance No. 05-10 page 4 Adopted by the Lino Lakes City Council this 12th day of April, 2010. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member and upon a vote being taken thereon, the following voted in favor thereof: The following voted against same: Whereupon said ordinance was declared duly passed and adopted. ATTACHMENT A, Ordinance No. 05-10 Amendments to Lino Lakes Town Center Design & Development Guide Additions shown underlined, deletions shown in strikethrough SECTION 3.1 ALLOWABLE USES Table 1. Allowable Land Uses in Mixed- Use, Commercial, and Civic Districts Allowable Land Use Commercial Mixed Use Civic Commercial Uses Amusement enterprises including billiard halls, pinball & video arcades entirely within the principal use, but exclude driving ranges, miniature golf courses, and go-cart tracks. [1] [6] P - - Cinemas, theaters and auditoriums, except sports assembly, exhibit halls, and convention halls. IEating places/restaurants/private clubs and lodges: • With outdoor dining/seating areas [4] [6] P P CA C A P C - P CA A T P - - - - - - • With drive-through or drive -up facilities [5] • With entertainment, bar or cocktail lounge at least 50 feet from the I Residential District. [2] Finance services including banks, savings & loans, credit services: • With drive-through or drive -up facilities [5]. Drive-through or drive -up services not listed elsewhere [5] C - - Finance, insurance & real estate services, including security & commodity brokers & dealers, insurance & real estate agents, and J. brokers; not includin banks, savin s & loans, & credit services. IFood stores, including supermarkets, meat & fish stores, fruit & vegetable stores, candy stores, bakeries, health food stores, and Icatering establishments. 1 • With outdoor dininseatin areas [4] [6] P P A P A _ P P — P A P A _ P - mow Nem —. - - - 7 J rConvenience stores without gas pumps ` • With outdoor dinin /seatinaareas [4] [61 _ Furniture & home furnishing retail sales, incl. household appliances, electronic equipment & office furniture. Must be less than 40,000 s.f. footprint. Garden supplies, excluding hay, grain & bulk feed sales and storage. Must be less than 40,000 s.f. footprint. P P - General merchandise retail, including but not limited to: variety, hardware, and dry goods stores, but excluding vending machine operators and direct selling organizations. Must be less than 40,000 s.f. footprint. P P - Miscellaneous retail trade including florists, tobacco shops, newspapers & magazines, camera & photo supplies, gifts, optical goods, pet sales & supplies, books, stationery, art & hobby supplies, antiques, stamps & coins, jewelry sales & minor repair. P P - Health clubs and gymnasiums. P - P Hotel P - - TABLE 1 NOTES: P = permitted use. C = conditional use. (See Appendix A for Conditions of Use) A = accessory to permitted or conditional use [1] Driving ranges and other outdoor amusement enterprises are prohibited because of their land -intensive nature. r Hours of operation may be imposed as a condition of approval. [2] Establishments that serve alcohol, and/or feature amplified music are conditionally permitted allowed as an 1 L' accessory use to restaurants subject to City Code requirements if they are at least 50 feet from the Residential' L District. J Table 1 (continuedl. Allowable Land Uses. Allowable Land Use Commercial Mixed Use Civic Personal services including clothes laundering, photographic services, barber & beauty services, dry cleaning and shoe repairs, but excluding industrial laundering. P P - Professional services including medical & health offices & clinics, engineering & design services, legal and counseling services, but excluding laboratories, hospitals, sanitariums and rest homes. P P - Laboratories, hospitals, sanitariums, and rest homes. - - - Assisted Living Facilities, provided that they are not on the first floor of a building except they are allowed on the first floor of a building in areas with a 50% build to line or less. P P - Public & Quasi -Public Uses Indoor recreation facilities - - P Outdoor recreation facilities (floodlighting not to exceed 0.5 foot- candles at the property line of adjacent residential uses); - - P Concession stands (not exceeding 500 square feet); P P P Community -serving centers & facilities, including daycare and senior, recreation & teen centers. P P P Cultural facilities including auditoriums, libraries and art galleries. P P P Semipublic facilities and institutions without sleeping accommodations, including the following: churches and other religious institutions, non-profit social service organizations, philanthropic and charitable institutions. P P P University, college, community college, and professional schools (except truck driving schools). P P P Residential Uses Residential units above ground -floor commercial space. - P - Temporary Uses Christmas tree or pumpkin lot sales, not to exceed 45 calendar days per year per type of sale. [6] P P P Farmers' markets including the sale of vegetables, fruit, baked goods, and other agricultural products, once a week and limited to 6 hours per week [3] P P P Art fairs & festivals, subject to City Code [6] P P P Temporary outdoor display and sales of merchandise associated with princ_iple use A A - Other Uses See Section 1, Subd. 1-E of the Lino Lakes Zoning Ordinance r4]] Outdoor dining/seating is subject to Section 3, Subd. 16 of the Lino Lakes Zoning Ordinance except that: 1 dining/seating may occur between buildings anti -within allowable building setbacks (see Table 3)-, and; ' Ooutdoor dining/seating may also occur on sidewalks within street rights-of-way, provided that there is a clear ' L passage for pedestrian movement that is at least 6 feet in width. , The City Planning Department may establish administrative standards. [5] Refer to the diagram on page 20 for guidance on siting drive-throughs. [6] The City may set limits on hours of operation to avoid nuisance issues. page 2, Attachment A, Ord. No. 05-10 APPENDIX A CONDITIONAL USES The uses identified in Table 1, Section 3.1 that require a Condition Use Permit shall be evaluated based on the following applicable criteria: A.� � Places/Outdoor Restaurants, Clubs and Lodes: 1 1. Accessory outdoor seating areas: a. The applicant shall submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse receptacles, and wait stations. b. Acccss to the dining arca shall be provided only via the principal building if the dining arca is full service restaurant, including table waiting service. c. The size of the dining area is restricted to thirty (30) percent of thc total customer floor arca within the principal structure. d. All lighting shall be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4. F of the Lino Lakes Zoning Ordinance. c. The applicant shall demonstrate that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall bc segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subject to review and approval by the City Council. 2) Minimum clear passage zone for pedestrians at thc perimeter of the restaurant shall be at least six (6) feet 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 pedestrian aisle shall have a minimum clearance of seven (7) feet above sidewalk. f. The dining 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. 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 thc sidewalk shall not bc subject to the storage prohibition of this section. However, any immovable or permanently fixed or attached furniture must be approved as part of the administrative permit application. Refuse containers shall be provided for self service outdoor dining areas. Such containers shall be placed in a manner which docs not disrupt pedestrian circulation, and must be designed t prevent spillage and blowing litter. 1 page 3, Attachment A, Ord. No. 05-10 ■ 1 Accessory drive-through facilities provided that: a. The stacking lane and its access must be designed to control traffic in a manner to protect the buildings and will not interfere with on-site traffic circulation or access to the required parking space. b. No part of the public street or boulevard may be used for stacking of automobiles. c. The stacking lane, order board intercom, and window placement shall be designed and located in such a manner as to minimize glare to adjacent premises, particularly residential premises, and to maximize maneuverability of vehicles on the site. d. The drive-through window and its stacking lanes shall be screened from view of adjoining residential zoning districts and public street rights-of-way. e. A lighting and photometric plan will be required that illustrates the drive- through service lane lighting and shall comply with Section 3, Subd. 4.F of the Lino Lakes Zoning Ordinance. B. Finance services including banks, savings & loans, credit services: no changes C. Drive-through or drive -up services not listed elsewhere provided that: no changes D. Temporary outdoor display and sales of merchandise associated with the principal use: no changes page 4, Attachment A, Ord. No. 05-10 AGENDA ITEM 6 C i and ii STAFF ORIGINATOR: Jeff Smyser C. C. MEETING DATE: April 12, 2010 TOPIC: i. SECOND READING, Ordinance No. 05-10 Planned Unit Development Amendment: Amending Town Center Design & Development Guide Regarding Outdoor Dining/Seating ii. Resolution No. 10-30, Summary of Ord. No. 05-10 for Publication VOTE: Ordinance No. 05-10 3/5 Resolution No. 10-30 4/5 BACKGROUND The City Council approved the first reading of Ordinance 05-10 on March 22. This is the second reading. Lino Lakes Town Center Design & Development Guide (Development Guide) creates land use categories and their locations. It also creates regulations for those land uses. In effect, the Development Guide is a set of special zoning standards that apply only in mixed use area of the town center. The ordinance amends the outdoor dining/seating requirements in the Development Guide. Minnesota Statutes allows the City Council to approve by a 4/5 vote that a summary be published. Resolution No. 10-30 is the summary of the ordinance for publication. OPTIONS 1. Approve the second reading of Ordinance No. 05-10, amending the Lino Lakes Town Center Design and Development Guide. (Staff also recommends the Council dispense with the reading in full of the ordinance, by unanimous vote, as provided in the City Charter.) 2. Approve Resolution No. 10-30. 3. Return to staff with direction. RECOMMENDATION Options 1 and 2