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Ord 41-08ORDINANCE NO.41-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AMENDING SECTION 4.6.8, "LIGHTING", TO REVISE AND CLARIFY THE REQUIIZEMENTS FOR ON-SITE LIGHTING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and does further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,.FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Standard Plan Items: The following items shall be included as a part of any plan submission which requires formal action. These include, but are not limited to: a site and development plan, landscaping plan, preliminary engineering plans, or master (concept) plan. (1) The survey, site plan, landscaping plan, preliminary engineering plans, tree survey, photometric plan, irrigation plan, (excluding architectural elevations and floor plans, which shall utilize an architect's scale) shall be at the same scale. Acceptable scales shall include 1 "=10'; 1 "=20' or 1 "=30'. The size and location of structures, landscape areas, and other features shall be dimensioned. (2) A title block which shows: the project name, the scale, the date of the drawing, revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g. landscaping, paving and drainage, etc.), and the name of firm or individual who prepared the drawing. (3) A north arrow and a location map inset. (4) The perimeter of the property described pursuant to the legal description contained in the submitted warranty deed. (5) The center line of the right-of--way of any adjacent street with the basis' of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street. (6) The approximate location of intersecting lot Lines of adjacent parcels and the approximate location of the nearest structures and/or significant improvements on those parcels. (7) The location of the nearest driveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property).. If there are no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided. (8) The approximate location of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transformer boxes, etc. The plan shall identify the disposition of all such existing utilities. (9) The location of any other significant features, including vegetation and all trees which have a diameter of four inches (4") or greater, measured at 4.5' above grade; water bodies and water courses; and other improvements. The plan shall identify the disposition of all such items. A separate tree survey maybe required. If so, it shall be at the same scale as the site plan. 2 ORD. N0.41-08 NOTE: Items required in (8) and (9) may be shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan. (10) The location of all proposed structures with setbacks dimensioned from the closest property lines. (11) The intended use of each structure. This may be accommodated directly on the drawing or by referencing the structures by letter and providing a chart. (12) The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control Devices (MUTCO) symbols shall be used to show control devices and pavement markings. A separate flow control plan maybe required. (13) The location of parking areas and loading zones (areas). The number of parking spaces shall be shown on the plan. The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided. In addition, a detail showing parking space striping, space sizing, and method(s) of providing wheel stops shall be provided. (14) The manner in which all utility services are to be provided to the site and to individual structures on the site. (15) The location of any buffers, fencing, walls. A sketch of the type of such feature shall be provided. (16) The location of proposed signing with an indication of proposed height and dimensions. Note: Sign approval is not a part of a site plan approval.) (17) A photometric plan showing a preliminar}_lighting, layout including the location of all proposed li hting fixtures shall be provided for all development. A picture or sketch of the lighting fixture including height and a li tin cg_ overage exhibit is required. This shall include details of wallpack lighting and freestanding lights both proposed and existing. The plan shall show maximum photometric calculation patterns which shall not exceed ten feet spacings. Calculations shall include the average, minimum and maximum foot-candles, average to 3 ORD. N0.41-08 minimum ratio and maximum to minimum ratio on the site. Plans shall be signed and sealed by a licensed professional knowledgeable in li ting design. (18) The proposed location for solid waste disposal facilities. A note or detail shall be provided which identifies the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure. (19) The location of all landscape areas and an indication of the type of vegetation (trees, shrubs, hedges, groundcover) which is to be provided therein. (20) Spot elevations showing changes of elevations of not more than two (2'), existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan maybe required. (21) The F.E.M.A. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Damage Regulations (Section 4.5.4) will be met. (22) If project phasing is proposed, such phases shall be clearly shown on the plan and a narrative describing the phasing program shall be provided. (23) A completed "Project Data" sheet. This sheet shall be available at the Planning and Zoning Department and shall be unique to different types of development activity (i.e. commercial, industrial, residential). (24) Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer. [See Section 2.4.3 (M)] Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (M) Credentials for Preparation of Certain Submission Items (1) Plans to Be Certified: The following submissions are to be signed and sealed by the profession which is so authorized by Florida Statutes, (Board of Professional Regulation): (a) Boundary Survey by a licensed surveyor or registered engineer; (b) Traffic statement or study by a registered engineer; 4 ORD. N0.41-08 (c) A landscape plan by a registered landscape architect; (d) A site plan by a registered architect, a landscape architect, or registered engineer; (e) Preliminary and Final Engineering Plans by a registered engineer ~f) Photometric plans shall be signed and sealed by a licensed professional knowledgeable in lighting design. (2) Exceptions: (a) General: Exceptions to the above sign and seal requirement include the preparation of plans, when allowed, by owners and others, who are not registered professionals, pursuant to Florida State Statute. (b) Site Plans: A site plan to be recorded (certified as meeting conditions of approval) must be signed and sealed without exception. A site plan submission which is to be considered through the formal site plan review process shall be signed and sealed when the site planning involves the application of drainage, landscaping principles, building relationships, and traffic flow concepts. However, the Director may accept a site plan prepared by an owner, or other person, when the site plan is considered as a preliminary submission or when the essence of the review is to evaluate compliance with code requirements as opposed to application of design principles to the proposed development. Section 4. That Section 4.6.8, "Lighting", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: 5 ORD. N0.41-08 Section 4.6.8 Lighting For All Developments: All developments/redevelopments are encouraged to utilize energy efficiency lighting. Artificial lighting used to illuminate premises shall be directed in such a way to minimize light ~illover on adjacent properties and reduce urban glow. . In eg~neral any lighting requirements not covered by this section should follow the standards in the latest edition of ASHRAE/IESNA related to Exterior Li htg ing. When li ting is proposed within the vicinity of the beach it shall comply with all other Cites of Delray Beach Code Sections, including but not limited to Section 91 S l (Sea Turtles) which requires that all lighting shall be screened or shielded so that the light is not visible from the beach. In addition, the following standards shall be adhered to: (A) General Requirements: (1) Luminaries ~e Height: '`T '' ~,*;,,,, ~;°+„"°" " .r„t° ""°Yert;' ~''"" ~`~~; ~=~~~~-~;'~ ~„-~~. The following chart indicates maximum heights allowed for luminaries. Table 1 Buildings and Structures Parking Lots Residential Industrial Commercial Parking Structure Top Floor 25' or eave overhang which ever is lower 25' 25' 25' 15' if within 20' of structure edge 20' if greater than 20' from structure edge (2) Cutoff Luminaire Required: All perimeter exterior lighting shall be full cutoff luminaries to minimize ~illover on adjacent properties In order to decrease urban glow no luminaries shall be directed upwards. ~x"~ +^ '~°°~ "^''+'"^ ^~n~„°'' +" +''° c=+° ORD. N0.41-08 (3) Illumination Standards: The following illumination standards shall be adhered too: Table 2 Outdoor Li~htin~ Max Min Max/Min Avera,~e/Min Illumination Illumination t-candles) t-candles) Buildings and Structures Accent pathway 5.0 2 0_5 Building Entrance 10.0 1_0 _ 3_1 Landscape Li hg tiny 5_0 Canopies, Drive-Thru & 30.0 3_0 10:1 2.5:1 Overhangs Parking Lots Multi-Family Residential 4_0 0_3 13:1 Commercial & Industrial 12.0 1_0 12:1 3_1 Parking Garages/Structures Parking Area 10 11 0 10:1 4_1 Ramps -Day 20 2 0 10:1 Ramps - Night 10 1_0 10:1 Entrance Area- Dav 500 50 10:1 Entrance Area -Night 10 1_0 10:1 Stairways 5_0 2_0 10:1 Specialty Lighting Golf Courses, Outdoor Refer to latest edition of IESNA Lighting Handbook Entertainment, Parks Other Lighting Types Outdoor Display other than 15 1 1_0 15:1 4_1 Vehicle Sales & Rental Outdoor display associated Refer to LDR Section 4.4.10 (G)(6) with Vehicle Sales & 7 ORD. N0.41-08 Rental Notes: 1) The first row closest to public rights-of-way of display outdoor sales may be increases to a max of 20 foot candles. 2) Full shielded bollards not greater then 42 inches in hei t may be permitted up to a max of 20 foot candles. 3) The values for entrance area onl~pplies to the first 66 feet inside the structure as it is needed to effect a transition from bright da~~ht to lower internal levels. (4) Night Hours Reduction and Security: ~~ " ~ ~ :"" " ,.,, , +''° ;"„ ==i;~ati~i, '+~' a' ~ a + ^ ~~~» ^+ °a ftft ~ ~ ^; ra?°-- Full cutoff luminaries shall be used for all securit~ghtin~ and dusk-to-dawn area lighting. Outdoor illumination, including areas used for outdoor sales and display eating parking assembly service of equipment and freight loading and unloading repair maintenance commercial activities and industrial activities shall not continue after 11.OO~m or more than one hour after active use of the area ceases whichever is later except for security lighting. Security lighting shall be required for all active entrances to buildings parking lots and access to buildings or parking lots. All security lighting shall maintain lighting levels as indicated in Table 1 and shall operate from dusk until dawn No outdoor recreational facility shall be illuminated after 11:00 pm except to conclude a scheduled or sanctioned recreational or sporting event b~ City of Delray Beach or other authorized agency in progress prior to 11.00 pm The luminaries shall be extinguished after outdoor recreational events are completed and the site has been vacated. Exceptions would include recreational facilities that are open to the public on a 24 hour basis (B) Requirements for Outdoor Parking Areas and Commercial Sites: (1) Standards: The complete installation of the area lighting system shall comply with applicable local codes and ordinances and meet the recommended illumination levels and uniformity ratios of the Illuminating Engineering Society of North America (I.E.S.), as set forth in this specification. The responsibility for performance to this specification, in its entirety, cannot be split up among individual suppliers of components comprising the system, but must be assumed solely by a single supplier. (2) Testing: Upon completion of installation, the system shall be subject to inspection by the City Engineer, at his discretion, to determine compliance with criteria set forth herein. Computer verification shall be made available upon his request. (3) Design Criteria: 8 ORD. N0.41-08 (a) General: In determining a lighting design, consideration shall be given to the architectural and environmental aspects of the facility it is to serve. This consideration shall be instrumental in determining type of fixture !°••*^~'~'^r „^„ ^~~*^4'f'1,,,,-li^":,.°', mounting height, and light source. (b) Light Control and Spillage: ~tef~' °", ~~~i~g~--~e->~ ars .1' +' , ~~t~r~piv~acQ-`v~ial^rcH~tO ~~ @lan •~~~, "t,,,it 1,.° °.1 <M n Y ° 1tl 11 Glll UVl 1KF.V --= r=-----'--- -- -- ---~---v -- -- ~ .... .. ° _ ZYV 11 x.111 K11V,• VV '---0'--__-__-__~___-__ . v m8 +' 1, 1,+ T L,+',,,. "1,.,11 L.° .1; .,t°~l_.1111.,<, ~-~, ,- ";.1°„+; .,1 O •~ •~ 17 111 1<JlllV ~ 'll ~ +~ 1 F + +vn4'f; mummurlrnrz@'b`81jr-vr-~~@litr~ncc°-s~ crurrrEi'b`u-~F6~leC-t9~ mumrrrat26n~2'b`@1--6rz'cif~fcir~tl~--ar~cv~'A~S-=drr ticn~ yr greater: For perimeter exterior li ting only full cutoff luminaries will be ~~roved The applicant is encoura;ted to minimize light spillage from building and site and to reduce urban-glow for the development/redevelopment proposed Maximum allowable illumination at the property line of an~adjoining_parcel or public right-of--way is 0.25 horizontal and vertical foot-candles measured at six feet above grade level. ~°,,:,,.,.,1 ,.,.,"11~ , lz-liiS~31~$~ ~ ^^ 11°.-; t°",.,, °~~ ° „+1,1°+;" ~+", °„+;^~., ° 1;,,.,., 7 n n,,.. TiT";.,+ 1~ !~ 2.1 n,,.. / TR:,, 11Z ~ . . . . . .~+°~ ! 7 1; !` Td:.. 1 f-8A9;a~~ ~eQ-~e 2tt3titl2Yf'bC7~ YYV$~~'~ ~~7_~~.i~,~ -' 3'~ '@ ,tY ~1°czx 9~ 5~~ t37•r i -u ~ YtittiYtr ~~a +~ S~ i'mz-nir ii~ .,.a., v`va 2:1 A.... / AR;., ~ ~ C'^ ~~~ 1 7.1 Td.,., / Ad:,~, be^vul--lnefv'11nr^lr -9~ Fte~g~ 313e~kee`'a-~1v ~p~pirlg n c n,.,. t~,r,,;,,+_rs n.i n,,,. /l~,r;., ORD. N0.41-08 o ~~ i c. ~ r,~.,., i r,r;., Street Light Requirements Street. light requirements for public rights-of--way shall meet the requirements of the City's Street Light Policy., Temporary Lighting Lighting classified as temporary lighting for public festivals celebrations and the observance of holidays are exempt from this section. Deviations Lim. hting ma~varv from this Section to the extent necessary to comply with specific State requirements, i.e., increased intensityrequired for automatic bank teller areas etc. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 10 ORD. N0.41-08 3~. PASSED AND ADOPTED in regular session on second and final reading on this the day of ~~„~ , 200. ATTEST City Clerk First Reading ~~ ~ ~~ Second Reading ~` 3 ~~ >~ ~~ ~~ MAYOR 11 ORD. N0.41-08 MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 30, 2008 SUBJECT: AGENDA ITEM_10.E..-REGULAR COMMISSION_MEETING OF_NOVEMBER 3,.20.0.8 ORDINANCE 41_08 (SI;COND_READING/S.ECOND PUBLIC HEARING) ITEM BEFORE COMMISSION The item before the City Commission is approval of a City Initiated Amendment to Land Development Regulations (LDRs) to revise and clarify the requirements for on-site lighting. BACKGROUND The purpose of the proposed amendment is to provide clarification of the on-site lighting standards in the City and to revise the required illumination levels to be more consistent with those of Palm Beach County. The increased illumination levels will also provide for increased safety. The ordinance was considered by City Commission on October 7, 2008 (first reading) and October 21, 2008 (second reading). At second reading specific changes were requested by a Commissioner and the ordinance was remanded back for second reading at this meeting. The requested changes have been made to the ordinance and include the following: 1. A change leas been made to the min/max intensities required for the parking garage/structure entrance area category to reflect minimums recommended by IES (50 ft. candles versus 5.0 ft. candles); 2. A note has been added at the bottom of Table 2 that references the above max/min apply only to the first 66' from the entry; 3. A reference has -been changed from cutoff luminaries to "full" cutoff luminaries in Section 4.6.8. (B)(3)(b) to be consistent with similar references Section 4.6.8(A)(2). REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) on August 6, 2008 recommended approval of the proposed text amendment. The Downtown Development Authority (DDA) on August 11, 2008 recommended approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on August 13, 2008 recommended approval of the proposed text amendment. The Community Redevelopment Agency (CRA) on August 14, 2008 recommended approval of the proposed text amendment. The Board did however question the need to increase the required lighting levels in the City at the cost of greater energy expenditure. The Board made several other suggestions that have been incorporated into the proposed Ordinance. The Planning and Zoning Board voted 4 to 0 on August 18, 2008 to recommend approval. RECOMMENDATION Approve, on second reading, the amendment to Land Development Regulations Section 2.4.3', "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). ORDINANCE NO. 41-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSLON REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AMENDING SECTION 4.6.8, "LIGHTING", TO REVISE AND CLARIFY THE REQUIREMENTS FOR ON-SITE LIGHTING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER. CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Toning Board reviewed the proposed text amendment at a public hearing held on August 18, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and does further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray .Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED .BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section l . That the recitations set forth above are incorporated he--ein. Section 2. That Section 2.4.3, "Submission .Requirements", Subsection 2.4.3(B), "Standard Plan Items" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (.B) Standard Plan Items: The following items shall be included as a part of any plan submission which requires formal action. These include, but are not limited to: a site and development plan, landscaping plan, preliminary engineering plans, or master (concept) plan. (1) The survey, site plan, landscaping plan, preliminary engineering plans, tree survey, photometric plan, irrigation plan, (excluding architectural elevations and floor plans, which shall utilize an architect's scale) shall be at the same scale. Acceptable scales shall include l "=10'; 1 "=20' or 1 "=30'. The size and location of structures, landscape areas, and other features shall be dimensioned. (2) A title block which shows: the project name, the scale, the date of the drawing, revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g. landscaping, paving and drainage, etc.), and the name of firm or individual who prepared the drawing. (3) A north arrow and a location map inset. (4) The perimeter of the property described pursuant to the legal description contained in the submitted warranty deed. (5) The center line of the right-of--way of any adjacent street with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any i-nprove-nents located between the property and any adjacent st-•eet. (6) The approximate location of intersecting lot lines of adjacent parcels and the approximate location ofthe nearest structures and/or significant improvements on those parcels. (7) The location of the nearest d-•iveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property). If there a-•e no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided. (8) The approximate location of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transformer boxes, etc. The plan shall identify the disposition of all such existing utilities. (9) The location of any other significant features, including vegetation and all trees which have a diameter of four inches (4") or greater, measured at 4.5' above grade; water bodies and water courses; and other improvements. The plan shall identify the disposition of all such items. A separate tree survey may be required. If so, it shall be at the same scale as the site plan. NOTE: Items required in (8) and (9) may be shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan. 2 ORD. N0.41-08 (10) The location of all proposed structures with setbacks dimensioned from the closest property lines. (l l) The intended use of each structure. This may be accommodated directly on the drawing or by referencing the structures by letter and providing a chart. (12) The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control .Devices (MUTCO) symbols shall be used to show control devices and pavement markings. A separate flow control plan may be required. (13) The location of parking areas and loading zones (areas). The number of parking spaces shall be shown on the plan. The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided. In addition, a detail showing parking space striping, space sizing, and method(s) of providing wheel stops shall be provided. (l4) The manner in which all utility services are to be provided to the site and to individual structures on the site. - (l5) The location of any buffers, fencing, walls. A sketch of the type of such feature shall be provided. (l6) The location of proposed signing with an indication of proposed height and dimensions. Note: Sign approval is not a part of a site plan approval.) b ~ ~ ~ (17) A photometric plan showing a preliminary lighting layout including the location of all proposed lighting fixtures shall be provided for all development A picture or sketch of the li hting fixture including height and a lighting coverage exhibit is required. This shall include details of wallpack lighting and freestanding lights both proposed and existing. The plan shall show maximum photometric calculation patterns which shall not exceed ten feet spacings. Calculations shall include the average minimum and maximum foot-candles, average to minimum ratio and maximum to minimum ratio on the site. Plans shall be signed and sealed by a licensedprofessional knowledgeable in lighting design. (18) The proposed location for solid waste disposal facilities. A note or detail shall be provided which identifies the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure. 3 ORD. N0.41-08 (l 9) The location of all landscape areas and an indication of the type of vegetation (trees, shrubs, hedges, groundcover) which is to be provided therein. (20) Spot elevations showing changes of elevations of not more than two (2'), existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan may be required. (2]) The F.E.M.A. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Damage Regulations (Section 4.5.4) will be met. (22) If project phasing is proposed, such phases shall be clearly shown. on the plan and a narrative describing the phasing program shall be provided. (23) A completed "Project Data" sheet. Toning Department and shall be unique to commercial, industrial, residential). This sheet shall be available at the Planning and different types of development activity (i.e. (24) Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer. [See Section 2.4.3 (M)] Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(1\9), "C.redentials for .Preparation of Certain Submission Items" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (M) Credentials for Preparation of Certain Submission Items (l) Plans to Be Certified: The following submissions are to be signed and sealed by the profession which is so authorized by .Florida Statutes, (Board of Professional Regulation): (a) Boundary Sw•vey by a licensed surveyor or registered engineer; (b) Traffic statement or study by a registered engineer; (c) A landscape plan by a registered landscape architect; (d) A site plan by a registered architect, a landscape architect, or registered engineer; (e) Preliminary and Final Engineering Plans by a registered engineer 4 ORD. N0.41-08 (f) Photometric plans shall be signed and sealed by a licensed professional knowledgeable in li Ig~ting design. (2) Exceptions: (a) General: Exceptions to the above sign and seal requirement include the preparation of plans, when allowed, by owners and others, who are not registered professionals, pw•suant to Florida State Statute. (b) Site Plans: A site ,plan to be recorded (certified as meeting conditions of approval) must be signed and sealed without exception. A site plan submission which is to be considered through the formal site plan review process shall be signed and sealed when the site planning involves the application of drainage, landscaping principles, building relationships, and traffic flow concepts. However, the Director may accept a site plan prepared by an owner, or other person, when the site plan is considered as a preliminary submission or when the essence of the review is to evaluate compliance with code requirements as opposed to application of design principles to the proposed development. Section 4. That Section 4.6.8, "Lighting", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: ORD. N0.41-08 Section 4.6.8 Liahtin~ For All Developments: All developments/redevelopments are encouraged to utilize energy efficiency lighting. Artificial lighting used to illuminate premises shall be directed in such a way to minimize light spillover on adjacent properties and reduce urban glow. . In general any lighting requirements not covered by this section should follow the standards in the latest edition of ASNRAE/IESNA related to Exterior Lighting. When lighting is proposed within the vicinity of the beach it shall comply with all other City of De1ra~Beach Code Sections, including but not limited to Section 91 51 (Sea Tw•tles) which requires that all lighting shall be screened or shielded so that the light is not visible from the beach. In addition, the following standards shall be adhered to: (A) General Requirements: (1) Luminaries ~e Height: ,.r ~• ' *• R ~°~„ ^'~ „}' ~'~~ll e-x, eyed-.Pen*~~ ~•~~ ~ ~* ~`'~'` ~~~~P~. The following chart indicates maximum heights allowed for luminaries. Table 1 Buildings and Structures 25' or eave overhang which ever is lower Parking Lots Residential 25' Industrial ~ 25' Commercial 25' Parking Structure Top Floor ]5' if within 20' of structure edge 20' if greater than 20' from structure edge Specialty Lighting Per i.ESNA latest edition (2) Cutoff Luminaire Required: All perimeter exterior lighting shall be full cutoff luminaries to minimize spillover on adjacent properties. In order to decrease urban glow no lwninaries shall be directed upwards. ""' ~+^'~°°~'~T"`'~^ ^ "~"'°`~ *"-tom "''° ORD. N0.41-08 (3) Ilhumination Standards: The following illumination standards shall be adhered to: ~..,..~; Table 2 Outdoor Li~jlrti-r;~ Mux Min Mua/Mi-r AveruAe/Min ]llunzination Illumination t-candles) ft-candles) Buildings and Structures Accent pathway 5.0 2 0_5 Building Entrance 10.0 1_0 = 3_1 Landscape Li htin 5.0 Canopies, Drive-Thru & 30.0 3~0 10:1 2.5:1 Overhangs Parkin6 Lots :Multi-Family Residential 4_0 0_3 1.3:] Commercial & Industrial 12.0 1.0 1.2:1. 3_1 Parking Garages/Structures Parking Area 10 1_0 1.0:1 4_l :Ramps - .Day 20 2_0 10:1 Ramps -Night ] 0 1.0 10: Entrance Area- Day 500 50 ] 0: l Entrance Area -Night l 0 1_0 10:1 Stairways 5_0 2_0 l 0:1 Specialty Liahtin6 Golf Courses, Outdoor .Refer to latest edition of IESNA LiQhtin~ Handbook Entertainment, Parks Other Li6htin6 Types Outdoor Display other than lS 1 1.0 15:1 4_] Vehicle Sales & Rental Outdoor display associated Refer to LD.R Section 4.4.10 (G)(6) with Vehicle Sales & Rental ORD. N0.41-08 Notes: 1) The first row closest to public rights-of--way of display outdoor sales may be increased to a max of 20 foot candles. 2) Fully shielded bollards not Greater then 42 inches in height may be permitted up_to a max of 20 foot candles. 3) The values for entrance area only applies to the first 66 feet inside the structure as it is needed to effect a transition from briGht dayliGht to lower internal levels. (4) Night Hours Reduction and Security: ^ f. > > .nn ,, +~,o .u„n,;.~.,+;~ ., . Full cutoff luminaries shall be used for all security ling 'and dusk-to-dawn area liGhtinG. Outdoor illumination, includinG areas used for outdoor sales and display eating_~arking assembly service of equipment and fi•eiGht loading_and unloading repair maintenance commercial activities and industrial activities shall not continue after 11.00 pm or more than one hour after active use of the area ceases whichever is later except for security li~h, ting. Security liGhtinG shall be required for all active entrances to buildings parking lots and access to buildings or parkinG lots. All security lightinG shall maintain li hG_t~inG levels as indicated in Table ]and shall operate from dusk until dawn No outdoor recreational facility shall be illuminated after 1 I:00 pm except to conclude a scheduled or sanctioned recreational or sporting event by_City of Delray Beach or other authorised agency in pro r~ess prior to 1 1.00 pm The luminaries shall be extinGUished after outdoor recreational events are completed and the site has been vacated. Exceptions would include recreational facilities that are open to the public on a 24 hour basis (B) Requirements for Outdoor Parking Areas and Commercial Sites: (]) Standards: The complete installation of the area lighting system shall comply with applicable local codes and ordinances and meet the recommended illumination levels and uniformity ratios of the illuminating Engineering Society of North America (1.E.S.), as set forth in this specification. The responsibility for performance to this specification, in its entirety, cannot be split up among individual suppliers of components comprising the system, but must be assumed solely by a single supplier. (2) Testing: Upon completion of installation, the system shall be subject to inspection by the City Engineer, at his discretion, to determine compliance with criteria set forth herein. Computer verification shall be made available upon his request. (3) Design Criteria: (a) General: .in determining a lighting design, consideration shall be given to the architectural and environmental aspects of the facility it is to sewe. ORD. N0.41-08 This consideration shall be instrumental in determining type of fixture ,mounting height, and light source. (b) Light Control and Spillage: r~7+ ~~ 1 ' s~~i-1-i~T~~~~ype TTi c`~i-r,2+i~-~vtrcrvrr~ 6i'~-F3£-tur@S-prE3ao'~F~•~trEt'-rcfrccicA~f ~~5~-liEl'`1:,,,.~~ ~L,~II hn_ r J, ~ n.. c~° + - I 4. '7'1 ,7 F +' 1 1' :+; v. ,. oF4o,.r;.,o 1;x.1,+ tl„•^" ____D___ ___ _ _ - - _ _ ... .~ I~eu~i~lg ~€+~h-t~-~i~ht~ing-s#a~l-bP a• + ,a f.,,,r - ~;,~A„+;~ • b b b. b ~~iunf-ni-crci6n-r€'k ~~ 6T-~cl~, c-NTIur~6€S~IirrrrcttLCr`y-'c6rrcccor-rarres , Tl~ieT~le-ve-l-af }~a~lE-i+~-g--axe-~s-~e-y--~-~-Ee~eu.~~i~~e~ For perimeter exterior li~htin~ only full cutoff luminaries will be b ~_proved The applicant is encouraged to minimize light spilla eg from building and site and to reduce urban-flow for the development/redevelopment proposed Maximum allowable illumination at the property line of anZadjoinin~ parcel or public right-of--way is 0.25 horizontal and vertical foot-candles measured at six feet above grade level. n A ~>rr><nrr A D C A ~nA ~ rtvr>cnn>`a>rmv ~(? H}lx9@t}IT9, ~~ S-,~t~}6~@~g~ ~ gillri'@j•~@9, @--~~th1@t~E ~+ „+;., or.+o.•~ ~ n n.,,. rnn;,,r ~' !-- -. . ! 7 ?~ !` TA:,-, 1 1'),1 AST n., /1\A:.~ !ant; !~ >\,rn., ~ ~rE3 TfTmT6hTS29, + tCYl7ff1'ICli~j b E@I1~@rS, SErl 1~S~tYLYt~~~L~'H' 4m + ~p'ft'f2T1T@I~~ -p n3&119, ~ ~-~,T +~c`tr ~ r~IT~„ATfIT-1~J .1 n,1,,,v,;,,;,,,n t n n.,b rnn:,,+ r r ~, t n..b / rn:,,.. ! /I L' /~ AA;r. 1 7. 1 T/(nv / 1\A;.~ ... ! n n >r r >\~n„ ~ ~SE3~1 FI~L~ ," C-1h~Ai' f~e~gh l3e~"hee~,g n c n..b rnn:~+. >~.r'~. . 1G•1 Tin., /11 ~;.~, ~z.T-~rrnT ORD. N0.41-08 Street Light Requirements Street light requirements for public rights-of--way shall meet the requirements of the City's Street Light Policy. Temporary Liahtina Lichting classified as temporar~i h~ tin~for public festivals celebrations and the observance of holidays are exempt from this section. Deviations Li~htin~ may vary fi•o~m this Section to the extent necessary to comply with specifc State requirements ~i e increased intensity required for automatic bank teller areas, etc. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and .final reading. 10 ORD. N0.41-08 PASSED AND ADOPTED in --egular session on second and final reading on this the day of , 200_ ATTEST City Clerk First Readin Second Readin MAYOR 11 ORD. N0.41-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 18, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT. REGULATIONS (LDR) SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AND AMENDING SECTION 4.6.8, "LIGHTING". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City-initiated amendment to Land Development Regulations (LDRs) to revise and clarify the requirements for on-site lighting. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The purpose of the proposed amendment is to provide clarification of the on-site lighting standards in the City and to revise the required illumination levels to be more consistent with those of Palm Beach County. The increased illumination levels wil! also provide for increased safety. The amendment includes the following: • Clarifies the submittal requirements for photometric plans; • Adds language to prevent light spillover on adjacent properties and reduce urban glow; • Adds language to reduce the impact of lighting within the vicinity of the beach on Sea Turtles; • Adds lighting requirements for the top floor of parking structures; • Modifies the illumination standards to add lighting requirements to areas other than parking lots and to be more consistent with those of Palm Beach County; • Modifies the requirements for security lighting; • Adds requirements for street lights in public rights-of-way; • Addresses the requirements for temporary lighting for public festivals, celebrations and the observance of holidays; and • Adds a section for "Deviations" Planning and Zoning Board Meeting, August 18, 2008 LDR Amendment - On-Site Lighting REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The following advisory boards reviewed the proposed amendment and made the following recommendations to the City Commission: The Pineapple Grove MainStreef on. August 6, 2008 recommended approval of the proposed text amendment. The Downtown Development Authority (DDA) on August 11, 2008 recommended approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on August 13, 2008 recommended approval of the proposed text amendment. The Community Redevelopment Agency (CRA) on August 14, 2008 recommended approval of the proposed text amendment. The Board did however question the need to increase the required lighting levels in the City at the cost of greater energy expenditure. The Board made several other suggestions that have been incorporated into the proposed Ordinance. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board .meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). 2 Planning and Zoning Board Meeting, August 18, 2008 LDR Amendment - On-Site Lighting C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: • proposed ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 14, 2008 SUBJECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF OCTOBER 21, 2008 ORDINANCE NO 41-08 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This item is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3; "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; Amending Section 4.6.8, "Lighting", to revise and clarify requirements for on-site lighting. BACKGROUND At the first reading on October 7, 2008, the Commission passed Ordinance No. 41-08. RECOMMENDATION Recommend approval of Ordinance No. 41-08 on the second and final reading. ORDINANCE N0.41-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AMENDING SECTION 4.6.8, "LIGHTING", TO REVISE AND CLARIFY THE REQUIREMENTS FOR ON-SITE LIGHTING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on August 18, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and does further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(B), "Standard Plan Items" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Standard Plan Items: The following items shall be included as a part of any plan submission which requires formal action. These include, but are not limited to: a site and development plan, landscaping plan, preliminary engineering plans, or master (concept) plan. (1) The survey, site plan, landscaping plan, preliminary engineering plans, tree survey, photometric plan, irrigation plan, (excluding architectural elevations and floor plans, which shall utilize an architect's scale) shall be at the same scale. Acceptable scales shall include 1"=10'; 1"=20' or 1"=30'. The size and location of structures, landscape areas, and other features shall be dimensioned. (2) A title block which shows: the project name, the scale, the date of the drawing, revision numbers and revision dates (revised drawings which do not have revision numbers and dates shall not be accepted), page numbers, name of what is being presented (e.g. landscaping, paving and drainage, etc.), and the name of firm or individual who prepared the drawing. (3) A north arrow and a location map inset. (4) The perimeter of the property described pursuant to the legal description contained in the submitted warranty deed. (5) The center line of the right-of--way of any adjacent street with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street. (6) The approximate location of intersecting lot lines of adjacent parcels and the approximate location of the nearest structures and/or significant improvements on those parcels. (7) The location of the nearest driveway or point of access of adjacent properties (including property across a street, which shares a common street with the subject property). If there are no driveways within 50', then they do not need to be shown; however, a note to this situation shall be provided. (8) The approximate location of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires; transformer boxes, etc. The plan shall identify the disposition of all such existing utilities. (9) The location of any other significant features, including vegetation and all trees which have a diameter of four inches (4") or greater, measured at 4.5' above grade; water bodies and water courses; and other improvements. The plan shall identify the disposition of all such items. A separate tree survey may be required. If so, it shall be at the same scale as the site plan. 2 ORD. N0.41-08 NOTE: Items required in (8) and (9) may be shown on one separate plan or survey sheet, and then only those items which are proposed to be incorporated with the proposed development need be shown on the site plan. (10) The location of all proposed structures with setbacks dimensioned from the closest property lines. (11) The intended use of each structure. This may be accommodated directly on the drawing or by referencing the structures by letter and providing a chart. (12) The paths of ingress and egress for vehicles and pedestrians onto and through the site. Traffic flow shall be indicated with arrows. Standard Manual of Uniform Traffic Control Devices (MUTCO) symbols shall be used to show control devices and pavement markings. A separate flow control plan may be required. (13) The location of parking areas and loading zones (areas). The number of parking spaces shall be shown on the plan. The plan shall show typical dimensions of parking spaces, landscape islands, and traffic aisles for each type of parking space which is provided. In addition, a detail showing parking space striping, space sizing, and method(s) of providing wheel stops shall be provided. (14) The manner in which all utility services are to be provided to the site and to individual structures on the site. (15) The location of any buffers, fencing, walls. A sketch of the type of such feature shall be provided. (16) The location of proposed signing with an indication of proposed height and dimensions. Note: Sign approval is not a part of a site plan approval.) ~17Lphotometric plan showing_a preliminar~ghting layout including the location of all proposed li hting fixtures shall be provided for all development. A picture or sketch of the lighting fixture including height and a lighting coverage exhibit is required. This shall include details of wallpack li~htin~ and freestanding lights both proposed and existing. The plan shall show maximum photometric calculation patterns which shall not exceed ten feet spacings. Calculations shall include the average, minimum and maximum foot-candles avera a to 3 ORD. N0.41-08 minimum ratio and maximum to minimum ratio on the site. Plans shall be signed and sealed by a licensed professional knowledgeable in lightin dg_esign. (18) The proposed location for solid waste disposal facilities. A note or detail shall be provided which identifies the height of required enclosures, the type of gating, and the type of materials to be used for the enclosure. (19) The location of all landscape areas and an indication of the type of vegetation (trees, shrubs, hedges, groundcover) which is to be provided therein. (20) Spot elevations showing changes of elevations of not more than two (2'), existing and proposed, throughout the site and at a distance ten feet into adjacent property. Additional spot elevations and/or a topographic plan may be required. (21) The F.E.M.A. Flood Plain designation for the property, the base flood elevation, and a statement as to how provisions of the Flood Damage Regulations (Section 4.5.4) will be met. (22) If project phasing is proposed, such phases shall be clearly shown on the plan and a narrative describing the phasing program shall be provided. (23) A completed "Project Data" sheet. Zoning Department and shall be unique to commercial, industrial, residential). This sheet shall be available at the Planning and different types of development activity (i.e. (24) Plans which are submitted for formal action shall be stamped with a raised seal and signed by the preparer. [See Section 2.4.3 (M)] Section 3. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (M) Credentials for Preparation of Certain Submission Items (1) Plans to Be Certified: The following submissions are to be signed and sealed by the profession which is so authorized by Florida Statutes, (Board of Professional Regulation): (a) Boundary Survey by a licensed surveyor or registered engineer; (b) Traffic statement or study by a registered engineer; 4 ORD. N0.41-08 Section 4.6.8 Lighting For All Developments: All developments/redevelopments are encouraged to utilize energy efficiency li hg ting_. Artificial lighting used to illuminate premises shall be directed in such a way to minimize light ~illover on adjacent properties and reduce urban lg ow• ^--~^-~ ~ °~~ ^a~^^°~} ~u'°~°`*'°" In eg n any lighting requirements not covered by this section should follow the standards in the latest edition of ASHRAE/IESNA related to Exterior Lighting_ When lighting_is proposed within the vicinity of the beach it shall comply with all other City of Delray Beach Code Sections, including but not limited to Section 91.51 (Sea Turtles) which requires that all lighting shall be screened or shielded so that the light is not visible from the beach. In addition, the following standards shall be adhered to: (A) General Requirements: (1) Luminaries l~i~u-~e Height: ter„ ~:,.~.«:~,~ r:~*,,,.°~ ° ,^~° ~ „°,.,~..,i.^>> ' The following chart indicates maximum heights allowed for luminaries. Table 1 Buildings and Structures Parking Lots Residential Industrial Commercial Parking Structure Top Floor 25' or eave overhang which ever is lower 25' 25' 25' 15' if within 20' of structure edge 20' if greater than 20' from structure edge st edition (2) Cutoff Luminaire Reauired: All perimeter exterior li hting shall be full cutoff luminaries to minimize spillover on adjacent properties. In order to decrease urban glow no luminaries shall be directed upwards. ix~t,°~ ~° ° . *° ',°°~ ':,-~,*:~,~ ^ ~~:~°a *° *~,° ~:*° JI ORD. N0.41-08 (3) Illumination Standards: The following illumination standards shall be adhered to: tx~~ a + ~ •~,,• ~~e r ~o..~,. , ~ „~,;,.~, ~~,,. ~:.,....,,,,;,, ,,,,,,,~oa ,.~.o r~~r ~ ~r~ *ll,..o L,,,,~,7..e,7 F ,.+ „ ,..710 .;+L,;., a;r.~l.,,, ,. ~~,..-.,.tee ., o Table 2 Outdoor LiQlrtinP Max Min Max/Min AveraQe/Min Illumination Illumination (ft-candles) (ft-candles) Buildings and Structures Accent pathway 5.0 (2) 0_5 = Building Entrance .10.0 1_0 _ 3_l. Landscape Lightin 5_0 Canopies, Drive-Thru & 30.0 3_0 10:1 2.5:1 Overhangs Parking Lots Multi-Family Residential 4.0 0.3 13:1 Commercial & Industrial 12.0 1.0 12:1 3:1 Parking Garages/Structures Parking Area 10 1_0 10:1 4_1 Ramps -Day 20 2_0 10:1 Ramps -Night 10 1_0 10:1 Entrance Area- Day 50 5.0 10:1 Entrance Area -Night 10 1_0 10: 1. Stairways 5.0 2.0 10:1 Specialty Lighting Golf Courses, Outdoor Refer to latest edition of IESNA Lighting Handbook Entertainment, Parks Other Lighting Types Outdoor Display other than 15(1) 1_0 15:1 4_1 Vehicle Sales & Rental Outdoor display associated Refer to LDR Section 4.4.10 (G)(6) with Vehicle Sales & Rental 7 ORD. N0.41-08 Notes: 1) The first row closest to public rights-of-wad of display outdoor sales may be increased to a max of 20 foot candles. 2) Fully shielded bollards not greater then 42 inches in hei htgmay be permitted up to a max of 20 foot candles. (4) Night Hours Reduction and Security: ~^~€ter~l :nn ~ ...., ~i,° ;~i,,,,..;~^t;~a ., '*,.;~ a'^~'^-~ a *°~^R° ''^" ~' ~~- ~ ~"° Full cutoff luminaries shall ~TCm~rrcriap~xa~ZSinr~crnzrgc-accirsmTrrr-iio c-ctrc°c°ca-zrrc~rv o c-virircrr~..~. be used for all securit~ghting and dusk-to-dawn area lighting. Outdoor illumination, including areas used for outdoor sales and display, eating, parking, assembly, service of equipment and freight, loading and unloading repair, maintenance, commercial activities and industrial activities shall not continue after 11:00 pm, or more than one hour after active use of the area ceases, whichever is later, except for security lighting. Security lighting shall be required for all active entrances to buildings, parking lots and access to buildings or parking lots. All security lighting shall maintain lighting levels as indicated in Table 1 and shall operate from dusk until dawn. No outdoor recreational facility shall be illuminated after 11:00 pm except to conclude a scheduled or sanctioned recreational or sporting event by City of Delray Beach or other authorized a eg_nc~pro rg ess prior to 11:00 pm. The luminaries shall be extin uig 'shed after outdoor recreational events are completed and the site has been vacated. Exceptions would include recreational facilities that are open to the public on a 24 hour basis (B) Requirements for Outdoor Parking Areas and Commercial Sites: (1) Standards: The complete installation of the area lighting system shall comply with applicable local codes and ordinances and meet the recommended illumination levels and uniformity ratios of the Illuminating Engineering Society of North America (I.E.S.), as set forth in this specification. The responsibility for performance to this specification, in its entirety, cannot be split up among individual suppliers of components comprising the system, but must be assumed solely by a single supplier. (2) Testing: Upon completion of installation, the system shall be subject to inspection by the City Engineer, at his discretion, to determine compliance with criteria set forth herein. Computer verification shall be made available upon his request. (3) Design Criteria: (a) General: In determining a lighting design, consideration shall be given to the architectural and environmental aspects of the facility it is to serve. This consideration shall be instrumental in determining type of fixture (^~ +^~~ ^ ~~+^~~',,.....;~°~-°', mounting height, and light source. vu 8 ORD. N0.41-08 (b) Light Control and Spillage: ~tef~'...~,:~ ~, ~•*',r ~.rt~l~a~i6r~vrzrr~r"t1;kkT~2~ :,lo.l ~:tci-~uiv ~~ ~el•l: ,~~~ ~L.~11 L.o ~~d e ,1 tl. ,~te« ~,F ., ~ ,,:1:+..: „«rlo« t., _1:..,;t .Tl.,«o .,..,1 1;..L,t x...:11.,., b Y b~ t 1 L. '77 .Jo.,«oo~ F ,,..,~, „o«t;...,1 1;,,-,;t..~.~ oFF ,.t:.,o 1:,TL.t tl,«.,.,, t,. Z zir6nricmg-ircr~lt~ T :..L,t;,~~ ~L,~1]__l~~~eGt@El--£k~~@5~~2"~~ «t' 1. .1 .,1 ~ tl,.,t a ,~1~,:. ~;to l;~.l,t;.,.~ ~~.e«~..o riicmm-rut-l6n-ivr2l~r--v~~?£rc.~2i~~ci"-E'rr"cw~r-t1=R~f1.6i~ •, •,ll~ t:. 1 :,....,, ''Yrl~rrr~rratie}r~ew~el-e~-~ark~~~-aye-s e~igtre x~-~~~t~er ...,..,tol,, t.,,;..o tl.o :ll,,...,;.,,,t;..,, .,F .,v,,. ~~;.,;.,;~.. ~t«oot~ ,,,L,;,.L,o„o« ~a ~.. grew For perimeter exterior lighting, only cutoff luminaries will be approved. The applicant is encouraged to minimize light spillage from building and site and to reduce urban-glow for the development/redevelopment proposed. Maximum allowable illumination at the property line of any adioining_parcel or public right-of-waV is 0.25 horizontal and vertical foot-candles measured at six feet above grade level. ~~~~N~ ~n~~ en v rrivi~nnrRT-rv $~egie~-1~'~S~or- -ieaga e--a>h} ei:i6 ~>ad i~r~ ~ n n..,. r,r.,:~t >; ~ ~:~ n,.,~ />„r:,, v e , f f ~ . 1 7. 1 T d.,., / A A:.. X96&~ 1~3e3'613&13~ 61' «t„ ..L,,,,.1~ ~, 13e1sh ~Ar~39 6~ ~ A .1 A ,,,, / T, ~r:,, 1C.1 Td.,,, /Td:« ( ~~~cH ORD. N0.41-08 Street Light Requirements Street li hg t requirements for public rights-of-way shall meet the requirements of the City's Street Light Policx Temporary Lighting Lighting classified as temporary lighting for public festivals, celebrations and the observance of holidays are exempt from this section. Deviations Lighting may vary from this Section to the extent necessary to comply with specific State requirements, i.e., increased intensity required for automatic bank teller areas, etc. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. 10 ORD. N0.41-08 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200_ ATTEST City Clerk First Reading Second Reading MAYOR 11 ORD. N0.41-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 25, 2008 SUBJECT: AGENDA ITEM i0 D -REGULAR COMMISSION MEETING OF OCTOBER 7, 2008 ORDINANCE NO 41-08 (FIRST READING/FIRST PUBLIC HEARING) ITEM BEFORE COMMISSION By motion, approve the amendment to Land Development Regulations Section 2.4.3, ~~Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), ~~Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, 'Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). BACKGROUND The purpose of the proposed amendment is to provide clarification of the on-site lighting standards in the City and to revise the required illumination levels to be more consistent with those of Palm Beach County. The increased illumination levels will also provide for increased safety. Complete discussions of the proposed changes are outlined in the attached Planning and Zoning Staff report. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) on August 6, 2008 recommended approval of the proposed text amendment. The Downtown Development Authority (DDA) on August 11, 2008 recommended approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on August 13, 2008 recommended approval of the proposed text amendment. The Community Redevelopment Agency (CRA) on August 14, 2008 recommended approval of the proposed text amendment. The Board did however question the need to increase the required lighting levels in the City at the cost of greater energy expenditure. The Board made several other suggestions that have been incorporated into the proposed Ordinance. The Planning and Zoning Board voted 4 to 0 on August 18, 2008 to recommend approval. RECOMMEN DATION By motion, approve the amendment to Land Development Regulations Section 2.4.3, ~~Submission Requirements", Subsection 2.4.3 (B), ~~Standard Plan Items" and Subsection http://miweb001/Agendas/Bluesheet.aspx?ItemID=1510&MeetingID=153[10/14/2008 12:42:44 PM] 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and' law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). http://miweb001/Agendas/Bluesheet.aspx?ItemID=1510&MeetingID=153[10/14/2008 12:42:44 PM] PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 18, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR) SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3 (B), "STANDARD PLAN ITEMS" AND SUBSECTION 2.4.3(M), "CREDENTIALS FOR PREPARATION OF CERTAIN SUBMISSION ITEMS"; AND AMENDING SECTION 4.6.8, "LIGHTING". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a City-initiated amendment to Land Development Regulations (LDRs) to revise and clarify the requirements for on-site lighting. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS The purpose of the proposed amendment is to provide clarification of the on-site lighting standards in the City and to revise the required illumination levels to be more consistent with those of Palm Beach County. The increased illumination levels will also provide for increased safety. The amendment includes the following: • Clarifies the submittal requirements for photometric plans; • Adds language to prevent light spillover on adjacent properties and reduce urban glow; • Adds language to reduce the impact of lighting within the vicinity of the beach on Sea Turtles; • Adds lighting requirements for the top floor of parking structures; • Modifies the illumination standards to add lighting requirements to areas other than parking lots and to be more consistent with those of Palm Beach County; • Modifies the requirements for security lighting; • Adds requirements for street lights in public rights-of-way; • Addresses the requirements for temporary lighting for public festivals, celebrations and the observance of holidays; and • Adds a section for "Deviations" Planning and Zoning Board Meeting, August 18, 2008 LDR Amendment - On-Site Lighting REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The following advisory boards reviewed the proposed amendment and made the following recommendations to the City Commission: The Pineapple Grove MainStreet on August 6, 2008 recommended approval of the proposed text amendment.. The Downtown Development Authority (DDA) on August 11, 2008 recommended approval of the proposed text amendment. The West Atlantic Redevelopment Coalition (WARC) on August 13, 2008 recommended approval of the proposed text amendment. The Community Redevelopment Agency (CRA) on August 14, 2008 recommended approval of the proposed text amendment. The Board did however question the need to increase the required lighting levels in the City at the cost of greater energy expenditure. The Board made several other suggestions that have been incorporated into the proposed Ordinance. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE `ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). 2 Planning and Zoning Board Meeting, August 18, 2008 LDR Amendment - On-Site Lighting C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion fo be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations Section 2.4.3, "Submission Requirements", Subsection 2.4.3 (B), "Standard Plan Items" and Subsection 2.4.3(M), "Credentials for Preparation of Certain Submission Items"; and amending Section 4.6.8, "Lighting", to revise and clarify the requirements for on-site lighting, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: ^ proposed ordinance 3