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Home My WebLink About873_Amend Part 12 Ch 18_Lighting CodeTulsa County Clerk- EARLENE WILSON Doc# 2006097267 Pages 2 Receipt # 879971 08/23/06 10:59:14 Fee 15.00 CITY OF OWASSO, OKLAHOMA ORDINANCE 873 AN ORDINANCE RELATING TO PART 12 PLANNING, ZONING AND DEVELOPMENT, CHAPTER 18 OUTDOOR LIGHTING STANDARDS, SECTION E PARKING LOT LIGHTING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: SECTION ONE (1): That Part 12 — Planning, Zoning and Development, Section 18 -E, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows, and the same being codified as set forth below, to -wit: E. — Parking Lot Lighting 1) Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures of more than 2,000 lumens shall be cutoff fixtures, or comply with subsection (3) below, and shall be subject to the requirements of Section D. 2) The mounting height of all parking lot lighting shall not exceed thirty (30) feet above finished grade. The applicability of this provision may be reviewed on an individual basis. 3) All non - cutoff fixture open- bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit uplight. 4) All parking lot lighting requirements listed in Section E may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4). DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. -2 SECTION FIVE (5): CODIFICATION Owasso Code of Ordinances is bPreby amende by to be codified in Part 12 – Planning, Zoning and Development, Section 18 -E. PASSED AND APPROVED this 15`x' day of August, 2006. OFFICIAL SEAL ATT Sherry Bisho, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CIT OF WASSO, OKLAHOMA By: Stephen ICataudella, Mayor Published in the Owasso Reporter, Owasso, Tulsa County, Okla- homa, August 22, 2006. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 873 AN ORDINANCE RELATING TO PART 12 PLANNING, ZON- ING AND DEVELOPMENT, CHAPTER 18 OUTDOOR LIGHT- ING STANDARDS, SECTION E PARKING LOT LIGHTING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME AND DECLAR- ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: SECTION ONE (1): That Part 12 — Planning, Zoning and Develop- ment, Section 18 -E, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows, and the same being codified as set forth below, to -wit: E. — Parking Lot Lighting i)Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures of more than 2,000 lumens shall be cut- off fixtures, or comply with subsection (3) below, and shall be sub- ject to the requirements of Section D. 2)The mounting height of all parking lot lighting shall not exceed thirty (30) feet above finished grade. The applicability of this provi- sion may be reviewed on an individual basis. 3)AII non - cutoff fixture open- bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit uptight. 4)AII parking lot lighting requirements listed in Section E may be modified by the Community Development Department upon a find- ing that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting ele- ments will not be visible from any point off the subject property. SECTION TWO (2): REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this. ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12 — Planning, Zon- ing and Development, Section 18 -E. PASSED AND APPROVED this 15th day of August, 2006. CITY OF OWASSO, OKLAHOMA /s/ Stephen Cataudella. Mayor ATTEST: /s /Sherry Bishop. City Irk APPROVED AS TO FORM: /s/Julie Lombardi City Attorney PUBLICATION DATE(S) 08/22/06 CASE NUMBER: ORD -873 w'OC!L ILL to COUNTY STATE OF OKLAHOMA OF TULSA I SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa,Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Reprensentative Signature Subscribed to and sworn to me this 23rd day of August 2006. Notary Public KATHLEEN A DRAKE My commission Number: 06000391 Customer: CITY OF OWASSO/LEGALS Cust No: 00000779 pry P bile Oklahofyla Publisher's Fee: $ 162.00 OFFICIAL 9 TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR 013JECT: ORDINANCE NO. 873 AND ORDINANCE NO. 874, AMENDING EXEMPTIONS OUTDOOR LIGHTING CODE AND PROVIDING -SPORTS FIELD FOR SIGN CODE DATE: August 15, 2006 At the July and August work sessions, the staff received input from City Council members regarding suggested changes to the Owasso Outdoor Lighting Code and the Owasso Sign Code. Since those meetings, the staff has prepared ordinances based on comments from the City Council and is now prepared to submit those ordinances for Council consideration. The concern expressed by City Council members at the July work session was that the Outdoor Lighting Code needs added flexibility in order to accommodate new businesses desiring to locate in Owasso. The example used was the requirement that the new Best Buy establishment in Smith Farm keep its parking lot lights to a maximum height of 30 feet. This requirement caused Best Buy to increase its investment in the development by $15,000 because it needed more lights at this lower height level to light the parking lot to Best Buy' s standard level of brightness. One of the stated purposes of the lighting code is to not create glare onto nearby properties and public street rights of way. This glare is created by unshielded lighting elements that can be seen from a point off the subject property. The maximum height of 30 feet for parking lot lights was made a code requirement because, for flat parking lot lights commonly used by businesses, at that height it is unlikely that glare from the lighting elements would escape the property boundaries. In analyzing the issue, the staff believes that, if a developer offers a reasonable method of keeping lighting glare from crossing property lines, then it would be reasonable to allow light poles to be higher than 30 feet. To implement this finding, the staff has drafted proposed language that could be added to the Outdoor Lighting Code allowing the Community Development Department to review such issues on a case by case basis and grant an administrative variance to the 30 feet maximum lighting height requirement. The proposed ordinance would add the following language to Section E, Parkin Lot of Lighting of the Outdoor Lighting Standards chapter of the zoning code: All parking lot lighting requirements listed in Section E may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property. Another concern expressed by City Council members at the July work session was the Sign Code is not being enforced in a uniform manner in Owasso. The example used was the lack of enforcement of banner requirements at the high school sports fields, such as the tennis courts and baseball field, and the allowance of a scoreboard sign at the football stadium that does not conform to the requirements of the Sign Code. The signs at these fields do not comply with the code for different reasons - the banners at the tennis courts and baseball field do not have permits, the scoreboard sign at the football field is larger than the maximum size allowed by the code, and all of the signs contain forms of off - premises advertising prohibited in the Sign Code. Enforcement of the Sign Code to date has focused on businesses in Owasso, and a " hands -off" approach has been taken towards signs at school athletic fields. This enforcement policy has resulted in a situation that causes concern, because it gives the appearance that the City is not living up to high standards of character in its enforcement of the code. In analyzing the issue, the staff continues to believe that school sports fields should be regulated differently than other sites in the community. Therefore, it would be appropriate to amend the code to allow for school sports fields to have banners and otherwise non - compliant signs at their location. Similar to the proposed change to the Outdoor Lighting Code above, the staff has drafted proposed language with which to codify the difference in Sign Code enforcement. The proposed ordinance would add the following language to Section 17.5, School Sports Field Signs of the Sign Code chapter of the zoning code: Temporary signs, banners, and scoreboards on sports fields owned by the Owasso public Schools do not require permits and will not be required to follow the provisions of this Ordinance, RECOMMENDATION. The staff recommends approval of Ordinance No. 873 and Ordinance No. 874. 1. Proposed Ordinance No. 873 2. Proposed Ordinance No. 874