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HomeMy WebLinkAbout2000 07 10 Informational B Lighting Standards at Convenience Stores COMMISSION AGENDA ITEM B Consent Informational X Public Hearing Regular July 10.2000 Meeting Mgr. / Authorizatio REQUEST: The Community Development Department - Planning Division informs the City Commission that it has researched the issue of requiring lighting standards at convenience stores. PURPOSE: The purpose of this Agenda Item is to protect the health, safety and welfare of the citizens of Winter Springs by preventing undue glare from convenience store lighting to adjacent properties. APPLICABLE LAW AND PUBLIC POLICY: The provisions of Sec. 3.01 of the City Charter which states "The City shall have all powers possible for a City to have under the constitution and laws of this state as fully and completely as though they were specifically enumerated in this Charter." The provisions of Sec. 4.06 of the City Charter which states "All powers of the City shall be vested in the commission, except as otherwise provided by law or this Charter, and the commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law." CDD/July 5, 2000/10:47 AM July 10,2000 INFORMATIONAL AGENDA ITEM B Page 2 CONSIDERA TIONS: . American Planning Association, Planning Advisory Service, indicates that a number of jurisdictions in the country have regulations governing lighting at convenience stores. . Almost all convenience stores today have an automobile component connected to its overall retail sales. The lighting from the canopy that covers the gas pumps has caused a nuisance to surrounding residential areas. . Other bases for placing controls on convenience stores are for the protection of quiet viable neighborhoods, the perception of "need", the effect on schools, the hours of operation, and the perception that such entities encourage loitering and anti-social behavior. . Site plan control can ameliorate issues of noise, sign control, buffering, lighting, refuse disposal and landscaping. FISCAL IMPACT: None STAFF RECOMMENDATION: Staff recommends the Commission request the City Manager to direct staff to prepare an ordinance restricting glare onto adjacent properties from convenience stores. ATTACHMENT: A. City of Blacks burg, Virginia Code, page 9 of24, part b.l0. B. City of Portland, Oregon Code, page 219-3, 219-4. C. City of Minneapolis, Minnesota Code, page 2 of2. COMMISSION ACTION: COD/July 5, 2000/10:47 AM ATTACHMENT A ." ..L...I.l....UUU .1.10-...1-,1'1 acltsburg. VA: Zoning OrdiDlIlICC Draft. Article IV - DivisiOll 5 hlTpJ/www.blacbburg.va.uslpandclzoncordlar4dl~5 ,hlml 8. The street elevation ofthe'principaI structure shall have at least one street-oriented entrance,' and contain the principal windows of the repair shop. 9. The retention and use of upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable. f:4:1 ~ Retum To Top ~"". ~~............ l.tI.:t~':-lI'f"lIl1fJrlll I -~':.lJol4l""'-C~.::~~I'K~"::.""""",,,"f'I"(l~I""'I~'"."'Jf I:...............;~--............_..... See. 4528 Neighborhood Convenience Store a. General Standards 1. Parking shall be located behind the front building line unless impracticable due to the shallow depth of the parce~ the location of existing mature trees, or other similar circumstances. 2. No more than 10 percent of the tloor area may be devoted to seating facilities for consumption of food prepared on the premises. 3. Exterior display of merchandise for sale is allowed only on a paved walkway within three feet of the building. 4. The display of vehicles for sale is prohibited. 5. Loading areas shall be located in such a way as to minimize the impact on the surrounding neighborhood. Screening shaH be provided to screen and diffuse noise impacts on adjacent residences. A type D buffer yard may be required when a loading area is located adjacent to a residential use. 6. The street elevation of the principal structure shall hllve at least one street-oriented entrance, and contain the principal windows of the store. 7. Use of alternative pavements such as brick pavers and porous pavement is encouraged. 8. A neighborhood convenience store which adjoins RR-l, RR-2, R-4, R-5, OTR, or PRD shall contain a type C buffer yard. b. Additional standards in the RR-l, RR-2, R-4, R-5, RM-27, and RM-48 Districts: I. Minimum lot size: 20,000 square feet 2. Minimum frontage: 100 feet 3. Front setback: 20 feet from the right of way of a local road 35 feet from a collector road with a right-of-way width of 50 feet or greater 60 feet from the center line of a collector road with a right-of-way width ofless than 50 feet 9 of 23 4/30/98 12:0' PM 1::::> CXJ~O '.lco:;..:)ri'l_D r'U1I,:...f'.l.'-Mll ''-''''11I1.L11~ I'I~ ":'--'8' . n, o:.onl.'l) "',....-,;;0 rah,l'\IllCIC I v - U1Y1alon ;) hltp://v,ww .blacksburg, Yl.usipande/~onoordlar4d ,{) S. hIm I 4. Rear Setback: 35 feet 5, Side setback: 20 feet 6. Maximum lot coverage: 60% including buildings and paved surfaces 7. Maximum floor area: 2,500 square feet 8. Vehicle entrances to the site shall be minimized and placed in such a way as to maximize safety,' maximize efficient traffic circulation, and minimize the impact on the surrounding residential neighborhood. 9. Applicants must clearly demonstrate that the use will be compatible with the neighborhood, particularly with regard to traffic circulation, noise, parking, and appearance. 10. Exterior lighting shall not cause glare upon adjacent property or upon a public right-or-way. 11. The hours of operation may be restricted in the terms of the special use permit. 12. The location, dimensions, and design concept of any proposed signage will be included in the special use permit application. 13. The scale, massing, and building design should be compatible with the surrounding neighborhood. The structure shall be street-oriented with pedestrian entrances from the stTeet. 14. The retention and use of the upper floors for residential purposes is encouraged, so as to continue and enhance the residential character of the neighborhood, where applicable. C. Additional standards in RR-l and RR-2 zoning districts: 1. Front setback: 15 feet from the right-of-way of a local road. ATTACHMENT B 11V.OLl.1. ,-- . c..CJ C.4 Titlt 33.l'laMUtg ilIld Zoning 111191 Chapler 33.219 CO"w:,u~lIce SIOI'es 4. Loitering control program. A loitering control program is required, and must , as a minimum, address such things as limiting the hours of operation of electronic video games. and locating telephone booths. bencfies, tables. and other activity areas where they can be viewed and controlled by the store employees. 5. Landscape maintenance: awareness. The applicant must acknowledge in writing mat they understand the: provisions of Chapter 33.248. Landscaping and Screening, and in particular 33.248.030. PIani Materials and 33.248.040. Installation and Maintenance. 6. Communication agreement. The applicllDt must agree in writing to correspond on a long-term informal basis with the local recognized organizations and other concerned individuals regarding any problems they may have with current busincss practices or impacts on the nei~borhood. All responses should be written within 30 days of receiving the mitiallener, and be from the owner, operator. manager. or a representative of the parent company. A file of aU leucrs received and wrinen is to be maintained by the COtTespOndent for the , .'-. "" . ctmveilie11ce store lli1d be available to the public lJpon'request. . . _.,',. . 7. Participation in Neighborhood Mediation Program. The applicant must agree in writing to participate in the City's Neighborhood Mediation Program should lhat process be initiated. B. Record of good faith. The application must be accompanied by written verification that the owner. operator, manager, or a representative of the parent company met with or attempted in good faith to meet with the local recogniud organiution(s), adjacent propeny owners, and the Ponland Planning Bureau. The written verification must include all of the following: . ,', .~ . .~.: . . .... "'. :'..'.' . . . ~.." ":., '. . ... C;e. Ii. ' )(' V'q.~q \~~ 1. A copy of the notice and the names and addresses of those notified of the applicants desire to meet; 2. A copy of the time, date. and location of the meeting(s), and the names, addresses, and phone numbers of those who participated in the meeting(s); 3. A copy of the draft Good Neighbor Plan and site plan sent to the ncighborhood association and as presented at the meeting(s). if different: and 4. osed 33.~19.070 Approval Criteria An application for a convenience store review will be approved if the review body finds that the,applicant has shown that all of the following have been met: . . . '~".'.w. . .... ',. . .. .., ..... -. ..... -..-- . . I .' '. ""'. " . ;- ~... . . . . .: :. . ..:,' '::i'~ ,'.~ ,~~~'~").'~.t'...... "-T-"'" .~:" d ~ '.,' ". .:I'"r,: .,. , ,," 'r-',' , '.. I . ,,'.",. '219-l' . , ... ~..--'- - ~ v f'-~.../ ClttJpl6 n.219 Tilk Jj. PItuuti1q IINI ZDning ~tS~~6 In~J A. Convenience StoreS which abut a residential use or R zoned land must meet the - objectives stated below. The purpose of these objectives is to reduce the noise impacts on adjacent n:sidcntial aJ'C85, minirm7iC loitering, and improve safety. 1. Parking areas.loa.ding areas, mechanical equipmeo~ dumpsu:rs. and any Iclcphones, bencbes. or Other customer ~"ities should be sited or designed to Rduce their ic!pacl on edjacc:ot IC&idential uses. w~ practical. Imponant considcradons are screening lO reduce noise, and me ability of S~ employees 10 monitor these areas from inside the store. 2. Lighting must be oriented away from zesidential uses or R mned land. B. The Good Neighbor Plan. site plan. the JeCOrd of good faith, and the lighting report meet all of the n:quimncnu of this cOOpleI' and other applicable Jequiremcnts of the zoning code. 219-4 33.262.080 Glare Page 1 of 1 Title 33 PLANNING CODE CHAPTER 33.262 OFF-SITE IMPACTS 33.262.080 Glare A. Glare standard. Glare is illumination caused by all types of lighting and from high temperature processes such as welding or metallurgical refining. Glare may not directly. or indirectly from reflection, cause illumination on other properties in excess of a measurement of 0.5 foot candles of light. B. Strobe lights. Strobe lights visible from another property are not allowed. http://ordlinkcom/codcF.l/portll1nd/_DAT AlTTTL.R33/CH APTRR_3"_,. ./J3_2t'\2_0ftO_OIRr", htnl 7/CSlOO ::>.C:\::JU\::J .Lc:.....,;WI'l Hrll:'_~.1'-HI' '-LMI 'II '.1I'~ M.,J O:~::"""~~:;l:I1P'l~:'::~::::;;".lnnft~:-;::':.::;""""",,,,,,........:::::::-::-':;~::::::::;~:mm'II'I~~':~::::::::~,,",I"':':~;:::::~~mflllt'lll.~::.:::-.::;;Ilt"'lI~:"~:::::~:;I,;":tf"~:~:::::I1,"I"ItIIU"'~::::':.::'::ffmllJlm~~:::' hnp://www.municodo.comlfolio.PSilI14 90... .e+plan-trevitw+stnnd.udsl22/doa {@14873 }? hr..~~~.. lid CODE OF ORDINANCES City ofMINNEAPOLtS, MINNESOTA Codified through Ord No. 98-0r-OS5, enacted June 12, 1998 (Suppltm1ent No. 15, Update 9) CODE OF ORDINANCES Title 20 ZONING CODE. '..n_ , ...... . n..~ " n. . . '" '" revious CHAPTER ~ .SIT&:4li?'1..Al"lllllIillREVIEWiI ~STANDARD. 530.1 O'Ii.\Sitellt IlIplan,1it ~;~c::iif ~tandardsl\l' Site plan reviews for automobile combination convenience facilities, au i e convenien~e facilities, automobile wash facilities, convenience food restaurants, food and grocery stores, restaurants (including coffee shops), self-service car washes, service stations, shopping centers and video stores shall be subject to the foHowing standards, and the .'Design Guidelines for Site Plan Review." (I)A/leyaccess. If the zoning lot is located in a block which contains any residential zoning (RI--R6A and RR) or B }zonins, alley access shall be allowed only for commercial deliveries, when approved by the city engineer. (2) Parking and driveways. (a) Screening and landscaping. Screening and landscaping shall be subject to section 540.290 paragraph (4). (b) Driveways. Driveways shall conform to the requirements of the city engineer and to the specifications for monolithic concrete sidewalk, concrete driveway, concrete curb, gutter and concrete alley of the depanment of public works In addition, no driveways shall be allowed on freeway ramps and combined freeway ramp frontage roads. (c) Driveway and parking areas. Driveway and parking areas shall be paved according to section 540.290 paragraph (3). All driveway and parking areas shall be bounded by six-inch by six-inch (6" X 6") continuous concrete curb. The curb along parking areas shall be at least two (2) feet clear of any yard or buffer and four (4) feet clear of the frontage property line. (d) Bumper stops. Requirement along business- or manufacturing-zoned boundary: Along the property line which abuts other property in said district or property which is zoned other than residential (R} through R6A and RR), or B I, a bumper stop shall be constructed. The bumper stop shall consist of three-inch by twelve-inch (31' X 12") timbers supported by eight-inch by eight-inch (8'. X 8") posts, eight (8) feet on center, set in concrete, or an approved equal. Where there is no building on the abutting . property, a six-inch by six-inch (6" X 6") box curb may be substituted for the bumper. (3) Landscaping/site design. (a) At the boundaries ofa B1 Or residentially zoned district, a strip not less than five (5) feet wide shall be organically landscaped. (b) A minimum of twenty (20) per cent of the lot area, minus the area of the building, must be landscaped in accordance with the criteria c;tated in the "Design Guidelines for Site Plan Review, II available at the ,f2 7/9/983:4/ PM lCHN PLAf'INlNG AS_ . '. NO. 551 P. 8/24 AMER uapilwww.rnurucode.comlfoho.pgillI490. ...alt~+plan+rovic~d""docl(@ 14405)? .:-in accordance with the criteria stated in the "Design Guidelines for Site Plan Review," available at the , :,:tplanning department. _ . (c) In case of hardship, lesser areas than described in (3)(b) above may be landscaped, subject to the provision of enhanced site amenities as indicated in Section E of the "Design Guidelines for Site Plan Review." However, under no circumstances shall less than ten (10) per cent of the lot area minus the building be landscaped. (d) The area between the public sidewalk and the private curbs defining the limits of the driveways and the parking areas on the site shall be landscaped. (e) On street frontages having business zoning abutting the applicant's zoning lot, the minimum lot width shall be fifty (50) feet. The building shaH be located as close to the front lot line as allowed by the . ordinance, unless amended by the city planning commission. (f) This requirement is a continuous requirement and imposes on business owners the care and maintenance of healthy plants and shrubs. (5) Refuse and litter. (a) Refuse. All refuse must be stored in a building, a trash transport (dumpster), or in covered cans. The storage' area must be enclosed on all four (4) sides by screening, compatible with the exterior design of the building, not less than two (2) feet higher than the refuse container. (b) Litte,.. Facilities subject to the requirements of this chapter shall regularly inspect their premises from lot line to lot line, all adjacent streets, sidewalks and alleys adjoining their premises and sidewalks and alleys within one hundred (100) feet of such facility for purposes of removing any litter found thereon. The provisions of this subdivision shall be enforced by the director of inspections. Upon failure of any facility to comply with the requirements of this section, after seven (7) days written notice to the facility, any costs incurred by the city in cleaning up such litter shaU be assessed against the facility that is the source of the litter. next... next hit... ~ 0(2 5121/989:48 AM