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HomeMy WebLinkAbout2009-02-06 Compliance Request - Exterior Lighting • Mk NZ' City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 February 6, 2009 Robert Anderson, President 60 Street Property LLC. dba Grand Grill & Pizzeria PO Box 406 Stillwater, MN 55082 Re: Grand Grill & Pizzeria @ 14587 60 St. N., Oak Park Heights, MN Exterior Lighting Dear Mr. Anderson: City of Oak Park Heights Ordinance 401.15.b.7 sets forth the requirements for outdoor lighting within the City. Subsection f.2 established the performance standards for outdoor lighting in commercial zoned districts such as the B -2, General Business District, where the grand Grill & Pizza business operation is situated. The luminaire recently placed to the exterior walls of the Grand Grill & Pizzeria do not comply with City Ordinance. City Ordinance requires that all outdoor luminaire have no Tess than a 90 degree angle for total cut off of the Tight emitted from the fixture. Simply put, this means that the lens through which light is emitted shall not extend beyond a solid material, which restricts Tight emission, above and to the side of the fixture. This is also known as a full or total cut off. There is an exception noted in subsection f.2.c relative architectural /historical Tight fixtures; however this exception must be approved by the City Council. Such approvals are considered through the City's Variance process. With this letter you are requested to remove the fixtures. Any replacement fixtures shall be compliant to City Ordinance(s). Please submit plans for any replacement fixtures for review and approval, prior to their installation. For your convenience, copies of all ordinances and documents mentioned within this letter have been enclosed for your review and use. City of Oak Park Heights 14168 Oak Park Blvd. N. Direct: 651.351.1661 P.O. Box 2007 Email: jhultman @cityofoakparkheights.com Oak Park Heights, MN 55082 Phone: 651.439.4439 Fax: 651.439.0574 February 6, 2009 Grand Grill & Pizzeria Page 2 of 2 The lights shall be removed and /or replaced no later than February 20, 2009. Please be reminded that you also have a compliance date of no later than February 13, 2009 to comply with the requests of my January 28, 2009 letter related to open & outdoor storage and vehicle parking. Once again, I appreciate your prompt attention. Kindly contact me with any questions you may have. Sincerely, 0, , u i t. Hultman PI . ing & Code Enforcement Officer Enclosures pc: Eric Johnson, City Administrator Property File 401.15.b. 7. 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. 2) New Fixtures. Whenever a light fixture that was existing on the effective date of this Ordinance (October 15, 1997) is replaced by a new outdoor light fixture, the provisions of this section shall be complied with. d. Intensity. No Tight 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 Tight 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 Tight 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. b) Intensity. Light sources shall not be permitted so as to Tight adjacent property in excess of the maximum intensity defined in Section 401.15.B.7.d. c) Exceptions. Architectural /historical Tight 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 Tight 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. 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 with the 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). 3) Photometric plans illustrating the angle of the cutoff or light emissions, and illumination field of the proposed site lighting. Lighting Related: Figure 1. Cut Off Angle I. Cutoff. The point at which all light rays fk. Cutoff emitted by a lamp, Tight source or . luminaire are completely eliminated at a ,o specific angle above the ground. @ a,f 0 2. Cutoff Angle. The angle formed by a line drawn from the direction of Tight rays at @'' the light source and a line perpendicular to the ground from the light source above l 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 part of a structure, located on the surface of the ground or located on freestanding poles. f 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. --� 1 . h. Building overhangs and open canopies. O. 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 Tight source Shield by a material which restricts the light emitted to be projected below an imaginary horizontal plane passing through the light fixture (see Figure • • 2). lg. Spillage. Any reflection, glare or other artificial light that emits onto 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.