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Home My WebLink About2006-009 Council Ordinances�u61 clod 1ofiiI20010 -t4. I1 /i , f 2DOL Council Member o' Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 09-06 APPROVING AMENDMENTS TO THE ZONING ORDINANCE REGARDING USES IN THE NB NEIGHBORHOOD BUSINESS, LB LIMITED BUSINESS, AND GB GENERAL BUSINESS ZONING DISTRICTS The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1: Findings The City Council makes the following findings: 1. The City Council may from time to time amend the Zoning Ordinance as allowed by state statute and city ordinance. 2. The Lino Lakes Zoning Ordinance has three commercial zoning districts (zones): NB Neighborhood Business, LB Limited Business, and GB General Business. Each zone has permitted uses, accessory uses, and conditional uses. 3. It is appropriate to re-examine uses allowed in the various zoning districts and amend them when deemed appropriate and in the public interest. 4. The zoning amendments included in this Ordinance No. 09-06 have been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. 5. The proposed uses will be compatible with present and future land uses in the respective zoning districts. 6. All development must conform with performance standards contained in the Zoning Ordinance and other requirements. 7. The proposed uses will be required to be accommodated with existing public services so as not to overburden the City's service capacity. 8. Traffic generation by the proposed uses will be required to be within capabilities of streets. .-- Section 2 The Zoning Ordinance of the City of Lino Lakes, Anoka County, Minnesota, passed by the City Council on March 10, 2003 and subsequently amended is hereby amended as shown below. Underlined text is to be added, strikeout text is to be deleted. Text not indicated as added or deleted remains unchanged. 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. 1. Adult use — accessory. 2. Governmental or public regulated utilities, buildings, or structures necessary for the health, safety, and general welfare of the City. 3. Office business — clinic. 4. Office business — general. 5. Personal services (subject to any licensing requirements of City Code, County or State). 6. Restaurant without drive-through service facilities or outdoor dining. 7. Retail business without drive-through service facilities. 8. Service business — on-site without drive-through service facilities. 9. Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only. 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. Ordinance No. 09-06, page 2 1. Commercial day care facilities provided that: a. All requirements of the Minnesota Department of Health and Human Services, as may be amended, are satisfactorily met and the structure and operation is licensed accordingly. b. Screening is provided along all shared property lines. Such required fencing and screening shall be in compliance with the applicable provisions of Section 3, Subd. 4.Q of this Ordinance. c. Adequate off-street parking is provided in a location separated from any outdoor play area(s). 2. Planned unit development — commercial including shopping centers as regulated by Section 2, Subd. 10 of this Ordinance. 3. Small engine repair provided that: • of this Ordinance. - . - - e :. 4 b. At the boundaries of a residential district, a strip of not les, than five (5) feet shall be landscaped and screened in - - -.cc . A . a e - - _ 3, Subd. 5. of this Ordinance and shall be subject to the approval of the City Engineer. d. Provisions are made to control and reduce noise. e. No outside storage, ccrvicc or sales except as allowed in 1.G.5 of this Ordinance. -.es I 3. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse 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 area. Ordinance No. 09-06, page 3 L, c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. All lighting be hooded and directed away from adiacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. e. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially segregated from through pedestrian circulation by means of fencing, bollards, ropes, plantings, or other methods, and shall be subiect to review and approval by the City Council. 2) Minimum clear passage 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 pates, 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. 4. Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. Subd. 2. LB, Limited Business District. 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. Ordinance No. 09-06, page 4 6. Private &Specialty schools such as music, dance or business schools provided that: a. Provisions are made to buffer and screen any adjoining residential uses. b. The site is served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated. 8. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse 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 area - - - - - - - waiting cervico c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially 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 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 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. Ordinance No. 09-06, page 5 Subd. 3. GB, General Business District. H. Conditional Uses. Subject to applicable provisions of this Ordinance, the following are conditional uses in the GB District: These uses require a conditional use permit based on the criteria and procedures outlined in Section 2, Subd. 2. of this Ordinance. 12. Restaurants with accessory outdoor dining facilities provided that: a. The applicant submit a site plan and other pertinent information demonstrating the location and type of all tables, refuse 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 area - - - - - - - - waiting service. c. The size of the dining area is restricted to thirty (30) percent of the total customer floor area within the principal structure. d. The dining area is screened from view from adjacent residential ---- ' ' - - ed. All lighting be hooded and directed away from adjacent residential uses in accordance with Section 3, Subd. 4.F of this Ordinance. fe. The applicant demonstrates that pedestrian circulation is not disrupted as a result of the outdoor dining area by providing the following: 1) Outdoor dining area shall be at least partially 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 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 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. Ordinance No. 09-06, page 6 Section 3 As above amended, said Zoning Ordinance shall stand as initially passed and previously amended. Section 4 This ordinance shall be in force and effect from and after its passage and publication according to the Lino Lakes City Charter. Adopted by the Lino Lakes City Council this -._ day of oc. f.r.bC° 2006. ATTEST: _ii.."........, it r Julia ' e Bartell, C y, Cle t o J. B - geso , Mayor Adopted by the Lino Lakes City Council this 9thday of October , 2006. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Carlson and upon vote being taken thereon, the following voted in favor thereof: O'Donnell, Carlson, Reinert, Stoltz, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Ordinance No. 09-06, page 7