HomeMy WebLinkAbout2008-04-16 Final CR - Wall Pack Lighting CITY OF
OAK PARK HEIGHTS
14168 Oak Park Boulevard No. • P.O.Box 2007 • Oak Park Ht
U.S. Postal Service
CERTIFIED MAIL.., RECEIPT
a (Domestic Mail Only;No Insurance Coverage Provided)
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OFFICIAL
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April 16, 2008 a Return Receipt Fee y��,}'V�`'�S19y((,',
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Restricted Delivery Fee
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Mr. Phil Anacker, Store Manager N Sent o
aha, , 14aSS 471-/Y7
Holiday Station Store#237 o street,a iva.; ( (`
14773 60th St N or PO Box No. 77 3 l.0
City.state,ZIP+a
Oak Park Heights, MN 55082 ODI+ rl 5-66&2_
PS Form 3800 August 2006 See Reverse for Instructions
Re: Wall-pack Lighting on Building — Final Request
Dear Mr. Anacker:
By my letter to you of February 22, 2008, I advised you that the wall pack lighting on the
northern and southern sides of the Holiday Station are not in compliance to City
Ordinance and informed you that all outdoor lighting is to be fully shielded. Once again,
this means that the lens, through which light is emitted, shall not extend beyond a solid
material, which restricts light emission, above and to each side of the fixture. This is
also known as a full or total cut off.
There are two wall packs each on the northern and southern sides of the building that
need to be corrected so that they have full-cut off lighting. You were requested to take
the steps necessary to bring these fixtures into compliance no later than March 1, 2008.
In response to my February 22, 2008 letter, you called regarding the matter and were
advised by City Administrator Johnson that the wall packs were to be brought into
compliance. As of today this has not been done.
This letter is the City's final request to you to bring the wall packs into compliance as
addressed above and by City Ordinance no later than April 30, 2008.
Once again, for your convenience, I have enclosed sections of City Ordinance 401.02.b
and 401.15.B.7 as they relate to outdoor lighting and have highlighted the diagrams on
page 02-14 and 02-15 and have enclosed photos of the wall packs to be corrected.
Tree City U.S.A.
City Ordinance violations are considered misdemeanor offenses and are addressed
accordingly when remedy cannot be facilitated through communication.
Failure to comply with the correction requested by April 30, 2008 shall result in the
complaint being forwarded to the Police Department for review as a misdemeanor and
that you, as the store manager, will be personally cited for the violation thereafter.
Sincerely,
in r 0-1
lie Hultman
anning & Code Enforcement Officer
Enclosures
pc: Eric Johnson, City Administrator
Brian DeRosier, Deputy Chief
Mark Vierling, City Attorney
Jim Butler, Building Official
Property File
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deliv ry
item 4 if Restricted Delivery is desired. '1 (.f /
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so that we can return the card to you. �r•lure
• Attach this card to the back of the mailpiece, "1nt
' ❑Agent
or on the op
fr if ace p ermits. Jam°—c,'v L 0 Addressee
I. Is delivery address different from item 1? 0 Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
Mr. Phil Anacker, Store Mgr.
Holiday Station Store #237
14773 60th St. N.
Oak Park Heights, MN 55082
3. Service Type
Certified Mail 0 Express Mail
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0 Insured Mail 0 C.O.D.
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2. Article Number(Copy from service label) 7007 0220 0002 8257 2701
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
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lumber, and bottles. A junk yard includes an auto wrecking yard, but does not
include uses established entirely within closed buildings nor sanitary land fills.
Kennel: Any lot, premises, dwelling or dwelling unit in which three(3)or more dogs
over the age of six months are kept, harbored, owned or otherwise possessed,
either on a commercial basis or scale for boarding or breeding, or on a private basis
for personal use, enjoyment or profit.
Landscaping: Plantings such as trees, flowers, grass and shrubs and
improvements directly related thereto.
Land Reclamation: The process of the re-establishment of acceptable topography
(i.e. slopes), vegetative cover, soil stability and the establishment of safe conditions
appropriate to the subsequent use of the land.
Lighting Related: Figure 1. Cut Off Angle
1. Cutoff. The point at which all light rays kTotai cutoff
emitted by a lamp, light source or
luminaire are completely eliminated at a ,os
specific angle above the ground. fo
OA
2. Cutoff Angle. The angle formed by a linev49.0
oh_
drawn from the direction of light rays at
the light source and a line perpendicular
to the ground from the light source above /
which no light is emitted (see Figure 1).
3. Cutoff Type Luminaire. A luminaire with elements such as shields,
reflectors, or refractor panels which direct and cut off the light at a cutoff
angle that is less than ninety(90) degrees.
4. Flashing Light. A light source which is not constant in intensity or color at
all times while in use.
5. Foot candle. A unit of illumination produced on a surface, all points of which
are one (1)foot from a uniform point source of one (1) candle.
6. Light Source. A single artificial point source of luminescence that emits
measurable radiant energy in or near the visible spectrum.
7. Luminaire. A complete lighting unit consisting of a light source and all
necessary mechanical, electrical and decorative parts.
8. Outdoor Lighting. Any light source or collection of light sources, located
outside a building, including but not limited to, light sources attached to any
02-14
part of a structure, located on the surface of the ground or located on
freestanding poles.
9. Outdoor Light Fixture. Outdoor electrically powered illuminating devices,
outdoor lighting or reflective surfaces, lamps and similar devices,
permanently installed or portable, used for illumination or advertisement.
The fixture includes the hardware that houses the illumination source and to
which the illumination source is attached including, but not limited to, the
hardware casing. Such devices shall include, but are not limited to, search,
spot, and flood lights for:
a. Buildings and structures.
b. Recreational areas.
c. Parking lot lighting.
d. Landscaping lighting.
e. Signs.
f. Street lighting.
g. Product display area lighting.
h. Building overhangs and open canopies.
10. Security Lighting. Outdoor lighting fixtures installed exclusively as a
measure to reduce the possible occurrence of a crime on the property.
Figure 2-Shielding
11. Shielding. A technique or method
of construction permanently
covering the top and sides of a light Shield
source by a material which restricts ;f I .
the light emitted to be projected
below an imaginary horizontal plane
passing through the light fixture
(see Figure 2).
12. Spillage. Any reflection, glare or :
other artificial light that emits onto ri , \`:.
any adjoining property or right-of-
way and is above a defined
maximum illumination.
Loading Space: A space or berth on the same lot with a building, or contiguous
to a group of buildings, for the temporary parking of a commercial vehicle while
loading or unloading merchandise or materials and which abuts upon a street,alley
or other appropriate means of access.
02-15
conditions that legally exist prior to the effective date of this Ordinance unless such
conditions are determined to constitute a safety hazard by the Zoning Administrator.
17. Outdoor Lighting.
a. Purpose. It is the purpose of this Ordinance section to encourage the use
of lighting systems that will reduce light pollution and promote energy
conservation while increasing night time safety, utility, security and
productivity.
b. Exemptions. The provisions of this section shall not apply to the following:
1) This section does not prohibit the use of temporary outdoor lighting
used during customary holiday seasons.
2) This section does not prohibit the use of temporary outdoor lighting
used for civic celebrations and promotions.
3) Lighting required by a government agency for the safe operation of
airplanes, or security lighting required on government buildings or
structures.
4) Emergency lighting by police, fire and rescue authorities.
c. Non-Conforming Uses.
1) All outdoor lighting fixtures existing and legally installed prior to the
effective date of this Ordinance (15 October 1997) are exempt from
regulations of this section but shall comply with the previous
Ordinance requirements for glare as follows:
a) Any lighting used to illuminate an off-street parking area, sign
or other structure, shall be arranged as to deflect light away
from any adjoining residential zone or from the public streets.
Direct or sky-reflected glare, where from flood lights or from
high temperature processes such as combustion or welding
shall not be directed into any adjoining property. The source
of lights shall be hooded or controlled in some manner so as
not to light adjacent property. Bare incandescent light bulbs
shall not be permitted in view of adjacent property or public
right-of-way. Any light or combination of lights which cast light
on a public street shall not exceed one(1)foot candle (meter
reading) as measured from the center line of said street. Any
light or combination of lights which cast light on residential
property shall not exceed four-tenths (.4)foot candles (meter
reading) as measured from said property.
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2) New Fixtures. Whenever a light fixture that was existing on the
effective date of this Ordinance (15 October 1997) is replaced by a
new outdoor light fixture, the provisions of this section shall be
complied with.
d. Intensity. No light source or combination thereof which cast light on a public
street shall exceed one (1)foot candle meter reading as measured from the
centerline of said street nor shall any light source or combination thereof
which cast light on adjacent property exceed four-tenths (0.4)foot candles
as measured at the property line, per the method outlined in Section
401.15.B.7.e.
e. Method of Measuring Light Intensity. The foot candle level of a light source
shall be taken after dark with the light meter held six (6) inches above the
ground with the meter facing the light source. A reading shall be taken with
the light source on, then with the light source off. The difference between
the two readings will be identified as the light intensity.
f. Performance Standards.
1) Residential/Open Space District Standards. In all residential/open
space districts, any lighting used to illuminate an off-street parking
area, structure, or area shall be arranged as to deflect light away from
any adjoining residential property or from any public right-of-way in
accordance with the following provisions:
a) The light source shall be hooded or controlled so as not to
light adjacent property in excess of the maximum intensity
defined in Section 401.15.B.7.d.
b) Bare light bulbs shall not be permitted in view of adjacent
property or public right-of-way, unless part of a permanent
fixture.
11 2) Public/Institutional, Commercial and Industrial Districts. Any lighting
used to illuminate an off-street parking area, structure, or area shall
be arranged so as to deflect light away from any adjoining property or
from any public right-of-way in accordance with the following
provisions:
a) Shielding. The luminaire shall contain a cutoff which directs
and cuts off the light at an angle of ninety(90)degrees or less.
15-8
b) Intensity. Light sources shall not be permitted so as to light
adjacent property in excess of the maximum intensity defined
in Section 401.15.B.7.d.
c) Exceptions. Architectural/historical light fixtures that feature
globes that are not shielded, or lighting of entire facades or
architectural features of a building shall be approved by the
City Council. In no case shall the light affect adjacent property
in excess of the maximum intensity defined in Section
401.15.B.7.d.
d) Height. The maximum height above the ground grade
permitted for light sources mounted on a pole is twenty-five
(25) feet. A light source mounted on a building shall not
exceed the height of the building. In no case shall the height
of a light source mounted on a pole or on a building exceed
the height limits of the zoning district in which the use is
located unless allowed by conditional use permit.
e) Location.
(1) The light source of an outdoor light fixture shall be
setback a minimum of ten (10)feet from a street right-
of-way and five (5)feet from an interior side or rear lot
line.
(2) No light sources shall be located on the roof unless
said light enhances the architectural features of the
building and is approved-by the Zoning-Administrator.
f) Hours.
(1) The use of outdoor lighting for parking lots serving
commercial and industrial businesses shall be turned
off one (1) hour after closing, except for approved
security lighting.
(2) All illuminated on-premise and off-premise signs for
advertising purposes shall be turned off between 11:00
PM and sunrise except that said signs may be
illuminated while the business facility on the premise is
open for service.
g) Glare. Direct or reflected glare from high temperature
processes such as combustion or welding shall not be visible
from any adjoining property.
15-9
3) Outdoor Recreation. Outdoor recreational uses such as, but not
limited to, baseball fields, football fields, tennis courts and snow
skiing areas have special requirements for night time lighting. Due to
these unique circumstances, a conditional use permit shall be
required for outdoor lighting systems which do not comply
regulations of this section.
a) No outdoor recreation facility whether public or private shall be
illuminated after 11:00 PM.
b) Off-street parking areas for outdoor recreation uses which are
illuminated shall meet the requirements stated for commercial
and industrial applications as found in Section
401.15.B.7.f.2).a., b., c., e., and g.
c) The provisions for a conditional use permit, Section 401.03.A.8
of this Ordinance, are considered and satisfactorily met.
12 4) Outdoor Signs. All lighting of signing and informational or visual
communication devices shall be in compliance with Section 401.15.G
of this Ordinance.
g. Prohibitions. The following outdoor lights are prohibited within the City of
Oak Park Heights:
1) The use of search lights for any business shall be limited to not more
than four(4)events per calendar year. During any one event,the use
of search lights shall be limited to five (5) days consecutively and
shall not be used between the hours of 10:30 PM and sunrise.
2) Flashing lights.
h. Submission of Plans. All applications, except single family residential, that
include outdoor lighting must include evidence the proposed outdoor lighting
will comply with this section. The application shall contain the following
information, in addition to other required information:
1) Site plans indicating the location on the premises of all illuminating
devices, fixtures, lamps, supports, reflectors and other lighting
devices.
2) Description of the type of illuminating devices, fixtures, lamps,
supports, reflectors and other lighting devices. The description may
include, but is not limited to, catalog cuts by manufacturers and
drawings (including sections where required).
15-10
3) Photometric plans illustrating the angle of the cutoff or light
emissions, and illumination field of the proposed site lighting.
8. Smoke. The emission of smoke by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation ACP 7005, as may be amended.
9. Dust and Other Particulated Matter. The emission of dust, fly ash or other
particulated matter by any use shall be in compliance with and regulated by the
State of Minnesota Pollution Control Standards, Minnesota Regulation APC 7005,
as may be amended.
10. Odors. The emission of odor by any use shall be in compliance with and regulated
by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC
7005, as may be amended.
11. Noise. The emission of noise by any use shall be in compliance with and
regulated by the State of Minnesota Pollution Control Standards, Minnesota
Regulation NPC 7010, as may be amended.
12. Vehicles. Passenger automobiles, station wagons and trucks not currently
licensed by the State, or which are, because of mechanical deficiency, incapable of
movement under their own power, parked or stored outside for a period in excess of
thirty (30) days, and all materials stored outside in violation of the City Ordinance
are considered refuse or junk and shall be disposed of.
13. Refuse. Any accumulation of refuse on any premises not stored in containers
which comply with City Code, or any accumulation of refuse including car parts on
any premises which has remained thereon for more than one (1) week is hereby
declared to be a nuisance and may be abated by order of the City Administrator, as
provided by Minnesota Statutes and the cost of abatement may be assessed on the
property where the nuisance was found, as provided by law.
14. Exterior Storage. All materials and equipment except as provided below and in
Sections 401.21 through 401.34 of this Ordinance shall be stored within a building
or fully screened so as not to be visible from adjoining properties and the public
right-of-way except for the following:
a. Clothes line poles or wires.
b. Not more than a total of two (2) recreational vehicles and/or pieces of
equipment (not including racing cars).
c. Construction and landscaping materials currently being used on the
premises.
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