11-09-2015 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, September 21, 2015 6:30 o’clock p.m. _____________________________________________________________________________________ Page 1 of 4 12. #15-3784 CITY OF ORONO – TEXT AMENDMENT RELATED TO DEFINITIONS, LAKE YARD LANDSCAPING, RESIDENTIAL LIGHTING, AND LIVING WALLS, 11:25 P.M. – 11:58 P.M. Barnhart stated the City Council had directed Staff to review city ordinances in response to a number of complaints regarding lighting so placed as to negatively impact the enjoyment of residential properties as well as the use of landscaping that has the same impact on lake views as structures. Barnhart stated the City has received a number of complaints over the years regarding lighting and the City’s ordinance is relatively vague in terms of how it regulates lighting. Barnhart stated this is an opportunity to define what negative lighting is or better define what glare is and then provide a mechanism to address lighting. Barnhart indicated Staff has not been able to really address some of the concerns because the current ordinance is so vague. As an example, light that causes glare or heat is a violation of the ordinance but it comes down to what is glare and what is heat. If the Planning Commission sees that as a concern, the draft ordinance defines what glare is, which is the sensation produced by one or more luminaires within the visual field that are sufficiently greater than the luminance to which the eyes are adapted, which causes annoyance, discomfort, or loss in visual performance and visibility. The basic concept is that a bright light in a dark room is glare and would be considered a nuisance. Barnhart stated under the proposed language, any nonconforming would be allowed to remain. In addition, the language identifies criteria for a foot candle so Staff will have something to measure against. The criteria states that “lighting which casts light on adjacent resident property that exceed four-tenths foot candles as measured at the property line for a period longer than two hours. Barnhart indicated moonlight is .3 foot candles. The second issue being address with the ordinance is living walls. Barnhart noted Orono has placed a strong level of protection on lake views from the residential lakeshore lots to the lake. The City Council in the past has been reluctant to make changes to the landscaping ordinance because once you start regulating landscaping, it can become a slippery slope. A living wall means a combination of evergreen plants that are six feet in height and planted in such a manner that their spacing is equal to the width of the plant. Non-evergreen trees would not constitute a living wall. Barnhart noted the City does not allow fences in the 0-75 foot zone and that this ordinance proposes that living walls also not be allowed. Landgraver asked whether it could be described in a different way than plants that are six feet in height and planted in such a manner so the spacing is equal to the width of the plant. Barnhart stated generally arborvitaes or evergreens have a described width. If the width of the plant is four feet and they are planted every four feet apart, half of that plant is two feet, and if it touches the other half of the next plant, so a living wall has essentially be created. Barnhart stated if they are planted further apart and there is an opening, it would not be considered a living wall. Lemke asked whether the ordinance should say at least six feet in height. Barnhart stated the language could be changed if the Planning Commission determines it is appropriate.