03-21-2016 Planning Commission Packet

Home Browse Search

, FILE#15-3784 March 21,2016 Page 3 of 3 Section 2 of the Ordinance, starting at Line 198 introduces new definitions to better implement the code. Nuisance ordinance. The ordinance amendment as proposed is a zoning ordinance change. As such, any existing fixtures that are made non-conforming by the new ordinance are permitted to continue, so long as they are not abandoned for a period longer that 6 months. This will not address the concerns of nuisance lighting. A draft ordinance establishing certain lighting as a nuisance is proposed. While that ordinance is not a land use regulation and the Planning Commission is not required to provide comment, Commission comments may be beneficial to the Council. The standards established as a nuisance are higher than those proposed as a general performance standard, as suggested by the Planning Commission. Enforcement of nuisance violation is through criminal prosecution. The table below notes observed and measured lighting levels at various wattages and distances. 60w clear 60w 150w Excel Distance from bulb,clear frosted 75w Wattage flood energy source enclosure enclosure unknown light street light @5 feet 0.34 @10 feet 1.73 0.9 12.5 0.46 @15 feet 0.4 0.2 0.34 @20 feet 0.22 0.6 @25 feet 0.22 3.3 @30 feet 0.12 0.13 @45 feet 0.75 @50 feet 0.07 0.03-0.06 @65 feet 0.15 Planning Staff analysis These proposed ordinances address two goals of the city: establish minimum standards for the lighting of property throughout the city, and establish a nuisance level for lighting. The proposed ordinance is much more robust that those of the Cities of Wayzata and Minnetonka. Plymouth has adopted a more comprehensive ordinance. All are attached as Exhibit D. (It should be noted that often, regulations expands throughout a code, and all references were not provided. For example, the brightness of signs in Minnetonka is regulated in their sign ordinance.) Planning Staff recommendation Staff recommends approval of ordinances as drafted.