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4. Lighting Standards OrdinanceTri-City Planning Office 17 second Street East — suite 211 Kalispell, Montana 59901 Phone, (406) 751-1850 Fax: (406) 7514$58 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and City Council FROM: Narda A. Wilson, Senior Planner James H. Patrick, City Manager SUBJECT Kalispell Zoning Ordinance Text Amendment - Lighting Standards MEETING DATE: TBA BACKGROUND: This is a request by the City of Kalispell to consider changes to the Kalispell Zoning Ordinance text to develop lighting standards for residential and commercial development. The Kalispell City Council directed the Kalispell City Planning Board to draft a set of lighting standards. The draft document presented for public hearing was the result of several months of research and work sessions on the part of the planning board and staff. This amendment was initiated at the request of the Kalispell City Council in response to citizens concerns. At the public hearing there were several people who spoke in favor of the proposed standards citing quality of life, safety, the Astronomy Club's interest in dark skies for viewing, and energy conservation and efficiency. There were some eitcre*¢etinnc frnm the niihiir- rPuarriinsr an artivi� Qr�fnrr r>rnant nrncTrnrn vz th rPcrarri +r, ....,.ate.,....._..__,.. _.......... ---- r-.-T....... _„�._.._..._ -a .....s ......�_.,. ..a�s..._.,..,�.�..a�.. ..�.,....,b5....... ..., lighting and light heights. The Kalispell Planning Board held a public hearing on April 12, 2005. After the public hearing the board discussed the issues, the ordinance and the work they had done, including the recommendation to the council to consider the mercury vapor light replacement, the enforcement process and height limits. A motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to include lighting standards as outlined in Exhibit A attached to the letter of transmittal. The Kalispell Planning Board is also making a recommendation to the Kalispell City Council that the replacement of the mercury vapor lights be done in coordination with the Flathead Electric Cooperative in order to improve the quality of lighting and lighting efficiency in the community. RECOMMENDATION: A motion to adopt the first reading of the ordinance to amend the Kalispell Zoning Ordinance as recommended by the planning board would be in order FISCAL EFFECTS: To be determined. ALTERNATIVES: As suggested by the city council. Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls Kalispell Zoning Ordinance Text Amendment - Lighting Standards April 26, 2005 Page 2 Respectfully submitted, 3 Narda A. Wilson, Senior Planner Report compiled: April 26, 2005 c: Theresa White, Kalispell City Clerk James H. Patrick City Manager Attachments: Transmittal letter Staff report KZTA-05-3 and application. materials Draft minutes from 4/12/05 planning board meeting TRANSMIT/ KALISPELL/ 2005KZTA-0503MEMO. D OC EXHIBIT A OUTDOOR LIGHTING STANDARDS PURPOSE AND INTENT: Light pollution obscures the night sky, a resource important to residents and visitors. Light trespass interferes with the quality of life and public safety of the community. Standards for outdoor lighting are intended to control artificial light from non -vehicular sources that produce glare light trespass, nuisance light and / or degrade the night sky. These standards are intended to reduce and eliminate nuisance glare and light trespass from poorly placed, inappropriate, misaligned or improperly shielded light sources. It is the further intent of these standards to conserve energy and resources as well as to curtail and reverse the degradation of the night sky through the regulation of the type and use of outdoor lighting while maintaining night-time safety, utility and security. APPLICA.BILITY: All residential and commercial lighting whether on public or private property installed in the city limits of Kalispell shall comply with the requirements and specifications established with these regulations. STANDARDS: 1. All lights shall be shielded and directed in such a way as to direct all light toward the intended area and away from reflective surfaces. 2. Lighting shall be designed, directed and shielded in such a manner that direct light does not leave the perimeter of the site. 3. All outdoor lighting, including the fixture, pole, and other supporting elements, shall be designed to complement the overall architectural appearance of the site and prevent excessive glare. 4. The height and level of lighting should be appropriate for the development Lights on poles shall not be taller than the building whose area they illuminate nor taller than 34 feet whichever is less. 5. Roof illumination is not allowed. b. When practical, timing mechanisms and photo cells shall be used to reduce light levels and conserve energy during non -operational hours. 7. Lighting mounted on the building should be integrated as an architectural component. It shall be designed so the light is fully shielded and directed toward the building. 8. Canopy lighting, such as service station lighting, shall be fully recessed and shielded to ensure that no light source is visible from or causes glare in the public right of way or adjacent properties. Any canopy structure used at a business location must have recessed lights with diffusers which do not extend below the surface of the canopy. Page 5 of 15 9. Low voltage landscape lighting will be allowed provided it is directed toward the object or building and does not leave the perimeter of the site or contribute to light trespass. 10. All pole mounted lighting shall have a full cut --off fixture that shall shine a minimum of 80 degrees below the fixture's horizontal. plane. 11. Mercury vapor lights are prohibited because of the poor color spectrum, light intensity and inefficient energy use. 12. Low pressure or high pressure sodium lights are encourages rather than the use of li florescent lights. 13. Light fixtures or lamps shall be shielded or shaded in such a manner so that the light emitting surface is not visible and to direct incident rays away from all adjacent property. 14.Any light fixture must be placed in such a manner so that no light emitting surface is visible from any residential area or public/private roadway, walkway, trail or other public way when viewed at ground level. 1S.The level of lighting shall not exceed 0.3 foot candles at any residential property line or 0.5 foot candles at any non-residential property line. 16. Strings of lights used to highlight a sign, the perimeter of a sign or any portion of a building or site are not permitted except for Christmas -type decorative lighting xxzav be displayed between November 1 and February 1. 17. Floodlights shall have external shielding and shall be directed and angled so that no light is visible above a 20 degree angle and shall not shine onto any adjacent public right of way or adjacent property. 18.Any interior lighted signs may not be lit at night when any face of the sign is removed or damaged in such a way that the light may distract or intrude on drivers or adjacent properties. 19. Signs that have exterior lighting must be lit from above the sign and the light shielded except that ground lighting may be used for ground mounted signs with a solid base. In all cases lighting must be directed at the surface of the sign area. SPECIFIC USES: Security Lighting for Commercial and Residential Uses: Security lighting is defined as lighting designed and used to discourage crime and undesirable activity which includes parking lot lighting. 1. Security lighting should use the lowest possible illumination to effectively allow surveillance. Page 6 of 15 2. The use of sensor technologies, timers or other means to activate lighting during times when it will be needed may be required by the zoning administrator to conserve energy, provide safety, and promote compatibility between different land uses. 3. Both commercial and residential security lighting shall be shielded so the light source is not visible and the light is aimed so that illumination is directed to the designated areas. All non -essential exterior commercial lighting is to be turned off after business hours. Architectural Accent Lighting: 1. Fixtures used to accent architectural features, materials, colors, style of buildings, landscaping, or art shall be located, aimed and shielded so that light is directed only on those features. Such fbtures shall be aimed or shielded to minimize light spill into the dark night sky in conformance with the lummaire standards. 2. Lighting fixtures shall not generate excessive light levels, cause glare, or direct light beyond the facade onto neighboring property, streets or the night sky. Canopy Lighting and Lighting of Service Stations: In addition to the general standards previously listed, the following also apply. Lighting of such areas shall not be used to attract attention to the business. Lighting levels shall be adequate to facilitate the activities taking place in such locations. In order to minimize the extent of direct --lare, light fixtures mounted on canopies shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy or shielded by the fixture or the edge of the canopy so that light is restrained to 85 degrees or less from vertical. 2. As an alternative (or supplement) to recessed ceiling lights, indirect lighting may be used where light is beamed upward and then reflected down from the underside of the canopy. When this method is used, light fixtures must be shielded so that direct illumination is focused exclusively on the underside of the canopy. 3. Lights shall not be mounted on the top or sides (fascias) of the canopy. The sides (fascias of the canopy) shall not be illuminated in a manner. Outdoor Sports or Recreation Fields or Performance Areas. 1. Lighting of outdoor recreational facilities (public or private), such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, special event or show areas, shall use fixtures with a full -cutoff lens. 2. Lights are to be used only when the field is in use. Flags of the United States or Montana may be illuminated from below provided such lighting is focused primarily on the individual flag or flags to limit light trespass and Page 7 of 15 spill into the dark night sky. Flags are encouraged to be taken down at sunset to avoid the need for lighting. Searchlights. The operation of searchlights for any purpose other than an emergency need is prohibited. Towers. Lighting on towers is prohibited except as required by regulations of the Federal Aviation Administration. REVIEW PROCEDURE: At the time of site plan approval by the Kalispell Site Development Review Committee the applicant must supply a lighting plan in accordance with these regulations and shall demonstrate conformance with these standards. At a minimum the lighting plan shall include: 1. Manufacturer specifications regarding the light fixture, proposed locations, mounting heights and direction of al exterior lighting. 2. If the building, signage or landscaping is proposed to be lit, relevant drawings shall be provided showing the type, location and direction of the light fixture. 3. If needed, additional information may be required by the site development review committee in order to demonstrate compliance with these regulations which may include photometric data of all lighting and other descriptive information on the fixtures and / or a computer generated photometric grid showing footcandle reading every 10 feet within the property or site and ten feet beyond the property boundaries. NON -CONFORMING LIGHTING Lighting for commercial uses including but not limited to parking lot and building lighting that does not conform to these regulations shall be brought into compliance within five years of the effective date of the adoption of these regulations or by June 1, 2010 or when the light fixtures are removed or replaced whichever occurs first. Residential lighting that does not conform to these regulations shall be brought into compliance within six months of the adoption of these regulations or by January 1, 2006 or when the light fixtures are removed or replaced whichever occurs first. DEFINITIONS, FIGURES AND TABLES: The attached definitions figures and tables are incorporated as guidelines for public information and enforcing this section. Page 8 of 15 DEFINITIONS 1. Canopy structure: Any overhead protective structure which is constructed in such a manner as to allow pedestrians/vehicles to pass under. 2. Fixture: The assembly that holds a lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and a refractor or lens 3. Foot candle: A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle. Originally the measure of the amount of light emitted by a candle onto one square foot of surface one foot away, footcandles are now the standard unit of measuring light. A footcandle is equal to one lurnen per square feet. 4. Glare: Direct light emitted by a luminaire that causes reduced vision or momentary blindness. 5. Illuminance: The level of light measured at a surface. 6. Lamp: The component of a luminaire that produces the light. 7. Light direct: Light emitted directly by a lamp, off a reflector, or through a refractor of a luminaires 8. Light emitting surface: Any part of a fixture (lamp, diffusor) which emits light rays. 9. Light pollution: General slay glow caused by the scattering of artificial light in the atmosphere, much of which is caused by poorly -designed luminaries. Ip. Light shield: Any attachment which interrupts and blocks the path of light emitted from a luminaire or fixture. 11. Light trespass: Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. 19 3 .iirne-n• A unit of measure -menu of luminous f ux. 13. Luminaire: The complete lighting system, including the lamp and the fixture. 14. Luzninaire full cutoff: A luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light -emitting part. 15. Luminaire permanent outdoor: Any fixed luminaire or system of luminaries that is outdoors and this is intended to be used for seven (7) days or longer. 16. Lux The international standard unit for measuring light levels (as oppose to Foot - Candle in the U.S.A). It is one lumen per square meter. (See Lumens and Foot - Candle). 17. Wattage: the amount of electrical power consumed by a lamp or light fixture measured in "watts". One watt is equal to the power dissipated by 1 ampere of electrical current flowing across a resistance of 1 ohm or the power produced by 1 ampere of electrical current under an electromotive force of 1 volt. One horsepower is equal to 746 watts. Formulae: watts = volts x amps, P = V x 1, electrical power electromotive force x electric current. Page 9 of 15 Lighting Fixture Types �,. --- -___..__ f r E t raauwns • �rau�rr=a H' Prru Q*Qlf F%b- PAe%* Shmft" thmuhEasrl; q-WiM€fitvteib4al e � I FNIU49 4 MOSS Shbldad UnahWded vjM Qmqua '%P (eas t4m 376 kmm%) 1 , p70UWfi e Angle e ;?C= U; ht wHh ev*mel 3mre+.02 FIGIIAN 7 Direoftnd =Iota Lipp€ Page 10 of 15 V&M is a True FuH Cutoff outdoor Lighting Fixture? l?lat glass lens, elit irides as m ni:rse dam glare, no crpwa d tlaow of ligtrt. Um housing for Ihm OM= areavailable inmany styles. Same fixture as above moumtcd inosrreetfy — defeating #Ire horizontal mmating design. The fuh4v now urodueas direct elam and can also ureduce unlizht at stecucr rmnunftz au¢les. �Q No Known as just "Cutoff" Center "drop" or ,.sag° lens with or without exposed hulb, produces direct glare. Page 11 of 15 Al X asiv",& liM3 Bmavaywoughb Top- B sa Wyk Y k kY d � 6 Y � d E Post-p Lamp Owp tt a ttsp) Page 12 of 15 ' @ � Tyl," Ivan I%a. ... T3pAITard LgW .. Tyl,kal41"a�pr( m».) . � * /}! % AmFkadtied«idtHood Page 13 of 15 INITIAL RATED LIGHT OUTPUT OF VARIOUS LAMPS* LAMP TYPE LAMP WATTAGE INITIAL LUMEN OUTPUT INCANDESCENT LAMP (FROSTED) (Syl.) 25 235 INCANDESCENT LAMP (FROSTED) (Syl.) 40 375 INCANDESCENT LAMP (FROSTED) (Syl.) 60 890 INCANDESCENT LAMP (FROSTED) (Syl.) 100 1690 INCANDESCENT LAMP (FROSTED) (Syl.) 150 2850 INCANDESCENT FLOOD OR SPOT (G.E.) 75 765 INCANDESCENT FLOOD OR SPOT (G.E.) 120 1500 INCANDESCENT FLOOD OR SPOT (G.E.) 150 2000 QUARTZ HALOGEN LAMP (FROSTED) (Syl.) 42 665 QUARTZ HALOGEN LAMP (FROSTED) (Syl.) 52 885 QUARTZ HALOGEN LAMP (FROSTED) (Syl.) 72 1300 QUARTZ HALOGEN LAMP (FROSTED) (Syl.) 300 6000 QUARTZ HALOGEN LAMP (FROSTED) (Syl.) 500 10500 QUARTZ HALOGEN LAMP (FROSTED) (Syl.) 1000 21000 QUARTZ HALOGEN MINI FLOOD OR SPOT (G.E.) (12 volt MR-16 type) 20 260 QUARTZ HALOGEN MINI FLOOD OR SPOT (G.E.) (12 volt MR-16 type) 42 630 QUARTZ HALOGEN MINI FLOOD OR SPOT (G.E.) (12 volt MR-16 type) 50 895 QUARTZ HALOGEN MINI FLOOD OR SPOT (G.E.) (12 volt MR-16 type) 75 1300 FLORESCENT LAMP (Phillips) 7 400 FLORESCENT LAMP (Phillips) 9 600 FLORESCENT LAMP (Phillips) 13 900 FLORESCENT LAMP (Phillips) 22 1200 FLORESCENT LAMP (Phillips) 28 1600 FLORESCENT LAMP (G.E. cool white) 40 3150 LOW PRESSURE SODIUM LAMP (Phillips) 18 1800 LOW PRESSURE SODIUM LAMP (Phillips) 35 4800 LOW PRESSURE SODIUM LAMP (Phillips) 55 8000 LOW PRESSURE SODIUM LAMP (Phillips) 90 13500 LOW PRESSURE SODIUM LAMP (Phillips) 135 22500 LOW PRESSURE SODIUM LAMP (Phillips) 180 33000 HIGH PRESSURE SODIUM LAMP (DIFFUSE) (G.E.) 35 2250 HIGH PRESSURE SODIUM LAMP (DIFFUSE) (G.E.) 50 4000 HIGH PRESSURE SODIUM LAMP (.DIFFUSE) (G.E.) 70 6400 HIGH PRESSURE SODIUM LAMP (DIFFUSE) (G.E.) 100 9500 HIGH PRESSURE SODIUM LAMP (DIFFUSE) (G.E.) 150 16000 HIGH PRESSURE SODIUM LAMP (DIFFUSE) (G.E.) 250 27500 Page 14 of 15 HIGH PRESSURE SODIUM LAMP (DIFFUSE) (G.E.) 400 50000 MERCURY VAPOR LAMP (WHITE DELUXE) (Syl.) 100 4500 MERCURY VAPOR LAMP (WHITE DELUXE) (Syl.) 175 8500 MERCURY VAPOR LAMP (WHITE DELUXE) (Syl.) 200 11100 MERCURY VAPOR LAMP (WHITE DELUXE) (Syl.) 400 20100 METAL HALIDE LAMP (Coated) (G.E.) 32 2500 METAL HALIDE LAMP (Coated) (Venture) 50 3400 METAL HALIDE LAMP (Coated) (G.E.) 100 9000 METAL HALIDE LAMP (Coated) (G.E.) 175 15750 METAL HALIDE LAMP (Coated) (G.E.) 250 20500 METAL HALIDE LAMP (Coated) (G.E.) 400 36000 * Information from Sylvania #PL-150, General Electric #9200 and Phillips #SG-100 large lamp catalog Page 15 of 15 Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricitygeentn rytel. net April 26, 2005 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Kalispell Zoning Ordinance Text Amendment - Lighting Standards Dear Jinn: The Kalispell City Planning Board met on April 12, 2005 and held a public hearing to consider a request by the City of Kalispell for changes to the Kalispell Zoning Ordinance text to develop lighting standards for residential, and commercial development. The Kalispell City Council directed the Kalispell City Planning Board to draft a set of lighting standards. The draft document presented for public hearing was the result of several months of research and work sessions on the part of the planning board and staff. Narda Wilson of the Tri-City Planning Office, presented staff report #KZTA-05-3 evaluating the proposal and recommended approval of the amendments outlined in Exhibit A of the staff report. She explained this amendment was initiated at the request of the Kalispell City Council and the result of many months of hard work by the planning board. At the public hearing there were several people who spoke in favor of the proposed standards citing quality of life, safety, the Astronomy Club's interest in dark skies for viewing, and energy conservation and efficiency. There were some suggestions from the public regarding an active enforcement program with regard to lighting and light heights. The board discussed the issues the ordinance and the work they had done, including the recommendation to the council to consider the mercury vapor light replacement, the enforcement process and height limits. A motion was made and passed on a unanimous vote to recommend to the Kalispell City Council that the Kalispell Zoning Ordinance be amended to include lighting standards as outlined in attached Exhibit A. Please schedule this matter for the May 2, 2005 regular Kalispell City Council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish • DISCUSSION Schutt said it is a reasonable requirement to put in, and you can make it work, but his objection is to the density rather than the sloughing. E - j ROLL CALL - AMENDMENT The amendment passed unanimously on a roll call vote. ROLL CALL - MAIN The wain motion passed 5-1 on a roll call vote. MOTION MOTION j Norton moved and Gabriel seconded to adopt Staff Report KPP-05-4 as findings of fact and recornmend to the Kalispell 11 City Council that the preliminary plat approval for Granary Ridge Townhomes be approved subject to the listed conditions with Condition 6 amended and Condition 23 added. BOARD DISCUSSION There was no discussion. ROLL CALL The motion tied 3-3 on a roll call vote with Gabriel, Taylor and Norton voting for and Hull, Schutt and Hinchey voting E i against. j DISCUSSION There was discussion about how to handle the split vote. I Wilson said it could go on to the City Council on the 3-3 vote. Another option is for the Board to amend the plat. Schutt said he does not want to redesign the project. 71flf'1}'f+Trz*r XVJLW a AWAX LT-11 ,..3 .... A rn.,�,l-- .-...J-A +i-. ..+ 1 ii :+.-. ..,+,...-. ..5 ,.f 1 G liUu moved and 1C1ylo, sec -ended that, 14 units 111.SLUOU U1 1LJ units be built, with only four units on the east boundary. DISCUSSION Norton stated we should not be subdesigning this project and it should be sent on to Council as is. E Taylor stated this could solve the density issues they are having, and this is still a quality development. ' Hinchey said he is comfortable with sending it on to Council as it is. i ROLL CALL AMENDMENT The motion tied 3-3 on a roll call vote with Taylor, Hull and Hinchey voting for and Norton, Schutt and Gabriel voting against. CITY OF KALISPELL A request by the City of Kalispell for a zoning text ZONING TEXT amendment to develop lighting standards that would apply I AMENDMENT REQUEST to residential and commercial properties in the City limits. STAFF REPORT XZTA-05-3 Narda Wilson, with the Tri-City Planning Office, gave a li presentation of Staff Report KZTA-05-3, a request by the City of Kalispell to develop lighting standards that would apply to residential and commercial properties in the City limits. Kalispell City Planning Board ?Minutes of the ineeting of April 12_ 1-005 Passe 1-5 of 18 Wilson. stated that the Planning Board undertook this at the request of the City Council and citizen groups' concerns about the lighting standards for commercial and residential 1 developments. She said the Planning Board did a lot of work 3 on this issue, with the goal of protecting the night sky, j reducing trespass light, and benefiting the overall quality of life in the community; this issue has raised everyone's ! awareness. She stated that these are new standards, and that staff is recommending the lighting standards attached as Exhibit A be included in the Kalispell Zoning Ordinance. a QUESTIONS BY THE Schutt commented that lumens is the amount of light at the BOAR) fixture, and footcandles is the amount of light a distance E j away. � PUBLIC HEARING The public hearing was opened to those who wished to speak i on the issue. I APPLICANTS/AGENCIES No comments. PUBLIC COMMENT Mark Paulson, 1045 3rd Avenue West, president of the Big Sky Astronomy Club, thanked the staff and the Board for their efforts to product this ordinance. He said he has seen a E lot of changes in the valley, and he has a special interest in this matter, but there are many reasons to have an ordinance like this. He said the issue has come to the forefront in the last few years and light pollution and glare is prominent and widespread now; his group decided not to press for an ordinance, but they did want to promote quality lighting. They wanted to promote positive lighting to , developers as opposed to forcing someone to do something and they developed a Quality Lighting Award to give to businesses who do this on their own. He said they embraced I the efforts of the Planning Board and City Council to install a workable ordinance to accomplish Dark Sky goals and not be too intrusive. He said this is a complete and comprehensive first draft and praised Wilson for her work. He said for too long Montana has been the Big Sky Country only in the daytime and it should be so at night as well. Bob Gembolis, 1980 Pine Grove Lane, stated he wanted to emphasize the part about glare; it is difficult to see at night. 1. He said that glare and safety are very important, and you cannot see when a light is shining in your eyes. I Jackie Keyser, 545 2nd Avenue East, stated that there is no E mounting height limit on fixtures on residential units on homes. She stated that No. 14 on the old draft should be edited to say "mounting height of fixtures in residential areas should not exceed 10 feet". (new draft No. 13) She also stated she was afraid that this is not goingto be enforced, and we Kaiispeli City Planning Board Ytinwes of the meeting of April 12, 2005 Page 16 of 18 should be proactive and not reactive and should be educating people as to what they need to do. She said that all light is cumulative, and she would like to see an education brocess before the six month x)eriod is over. Bruce Ruby, 105 Spring Creek Road, Somers, asked how the public will know there is an ordinance should this pass, and stated that he is all for it. Russ Lucas, 117 Sunburst Court, stated he has the same bias because he is in the astronomy club, but it is a matter of aesthetics too and it is a wonderful, thing to see stars. He said we have lost stars here and we have the technology to block the bad light for our telescopes, but that does not help our eyes. He said you need to see the beauty that is above you. He stated the City should not demand that businesses comply, but use a cost and safety standpoint; it is cheaper to use good lighting. No one else wished to speak and the public hearing was closed. MOTION ; Schutt moved and Hinchey seconded to adopt Staff Report KZTA-05-3 as findings of fact and, based on these findings, j recommend to the Kalispell City Council that lighting i standards be included in the Kalispell Zoning Ordinance. BOARS] DISCUSSION Taylor asked about the suggestion that residential height restrictions ilvAA a3 ue u.,u, AA-. ao..a, Norton said he feels it has been addressed and it has already been covered. Schutt stated that using the standards of footcandles at the property line, he feels the height is okay as long as the neighbors aren't bothered. Hinchey said enforcement is tricky and the clearer you make it the better off you are. Taylor suggested going with what we have, and amending it as necessary later. Schutt asked Wilson about the enforcement of nuisance neighborhood lights. Wilson said they will use spot complaints with residential areas and deal with those fires, but that commercial, multifamily and multi -family developments will be reviewed as part of the site development review process. Wilson noted a list needs to be made of the businesses that Kalispeil City Planning Board Minutes of the meeting or April 1?_ 1005 Paee 17 of 18 are noncompliant now and they will be formally notified of the new regulations. Norton suggested placing a notice in the community newsletter and that the Big Sky Astronomy Club notify the newspapers, etc. that this has assed. ROLL CALL The motion passed unanimously on a roll call. vote. OLD BUSINESS There was no old business. NEW BUSINESS There was no new business. I ADJOURNMENT 'The meeting was adjourned at approximately 10:15 p.m. A special meeting of the Kalispell City Planning Board and i Zoning CoznMission will be held on Tuesday, April 19, 2005. George Taylor President Judi Funk Recording Secretary APPROVED as submitted/corrected: / /05 Kalispeil City Planning hoard Minites of the fneetinP- of Aprii 12, 2005 Paf4e 18 or I8 CITY OF KALISPELL TRI-CITY PLANNING OFFICE STAFF REPORT #KZTA-05-3 APRIL 6, 2005 This is a report to the Kalispell City Planning Board and the Kalispell City Council regarding a request for a text amendment to the Kalispell Zoning Ordinance to develop standards for outdoor lighting. A public hearing has been scheduled before the planning board for April 12, 2005 beginning at 7:00 PM in the Kalispell City Council Chambers. The planning board will forward a recommendation to the Kalispell City Council for final action BACKGROUND INFORMATION The City of Kalispell is proposing an amendment to the Kalispell Zoning Ordinance that addresses outdoor lighting standards for commercial and residential development. The purpose of the amendment is to control artificial light from non - vehicular sources that produce glare, light trespass, nuisance light or / or degrade the night sky. It is further the intent of these standards to conserve energy and resources while maintaining night-time safety, utility and security. A. Petitioner: ,_Tames H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 (406) 758-7701 B. Area Effected by the Proposed Changes: Any area within the Kalispell zoning jurisdiction could be effected by these proposed standards. C. Proposed Amendment: This text amendment includes standards for outdoor lighting that would apply to both commercial and residential development in the city limits. It is the intent of these regulations to provide specific standards for lighting that will avoid light trespass, prevent and curtail the degradation of the night sky as well as conserve energy. Therefore an additional section is being recommended to be added to the zoning ordinance under Chapter 27.22, of the Supplemental Regulations, that outlines standards for lighting, identifies specific types and uses of lighting, provides an administrative review process for new commercial development and addresses enforcement and bringing non- conforming lighting into compliance with the new standards. The standards as proposed are outlined on attached Exhibit A, Outdoor Lighting. D. Staff Discussion: This text amendment was initiated by the Kalispell City Council in response to citizens concerns and the council's concerns regarding inappropriate, misdirected or excessive lighting that has resulted in the diminished quality of life and dark night skies. The Kalispell Planning Board was directed by the Kalispell City Council to develop lighting standards that would address concerns related to unwanted light trespass and other light Page 1 of 15 related issues. The planning board met in work sessions over several months to develop the standards that are being proposed. The resources used were orrii-nnnr i-R frnm nth Pr ritie-_ Amerirnn Plnnning ACRnrintlnn nrtirles' ln(i17strV information, the Dark Sky International Association as well as local citizens input. During the several months of work and research on this project the planning board and staff have come to find that lighting can be a rather complicated issue and not all lighting types are the same or as effective or as desirable as another. However, the board feels that they have come up with a fairly straightforward proposal that a lay person can generally understand. In order to measure light, a lumen level was established at the perimeter of the site. The City will need to invest approximately $ 150 or so in a light meter in order to monitor, enforce and maintain the light standards that are being proposed. EVALUATION BASED ON STATUTORY CRITERIA The statutory basis for reviewing a change in zoning is set forth by 76-2-205, M.C.A. Findings of Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-203, M.C.A. 1. Does the requested zone comply with the growth olic ? The growth policy generally anticipates use of development standards that will conserve and protect the quality of life of the citizens of its community. The lighting standards being proposed are intended to further this goal and thus the proposed amendment will generally promote the goals and objectives of the g'i u vv 2. Is the requested zone designed to lessen con e� stion in the streets? The proposed amendment will not typically have a significant impact on traffic congestion in the streets since lighting is not related to land use or level of traffic that would be generated. This amendment will not affect overall traffic patterns, amount of traffic in an area, or contribute to traffic congestion. 3. Will the requested zone secure safety from fire anic and other dangers? The proposed amendment would not reduce any security from fire or other health and safety issues since the standards are intended to maintain night- time security and safety as well as to protect the night sky. There would be no compromise with regard to public safety. 4. Will the requested change promote the health and_general welfare? The general health and welfare of the public will be promoted by creating standards for lighting that avoids glare, trespass, poorly placed or directed lighting that can diminish the quality of life as well as the general health and safety of the community. Page 2 of 15 S. Will the requested zone provide for adequate light and air? i;r�3.4rirl a;r }1PZxTPPYI and c»rrnanriina 1itilrlittac urn3flr1 not he altPrer1 nr impacted by the proposed text amendment. 6. Will the requested zone prevent the overcrowding..of land or undue concentration of people? The proposed change would not increase the intensity of uses currently allowed within the zoning districts since the proposed change does not deal with land uses per se but rather lighting standards. 7. Will the requested zone facilitate the adequate provision of transportation, water, sewerage, schools arks and other public requirements? The amendment would not impact the availability of public services. This text amendment will not have any adverse impact on the availability or provision of public services and utilities. 8. Does the requested zone give. consideration to the particular suitability of the property for particular uses? The lighting standards were crafted with consideration being given to the specific applications of lighting for specific uses and gives adequate consideration to the suitability of the standards. 9. Does the requested zone give reasonable consideration to the character of the Ulm lJ. lu L The character of the area in which the lighting standards are applied will be maintained and promoted by lighting that does not degrade, visually impact or devalue the overall quality of life within those neighborhoods. By providing lighting standards in the commercial as well as residential areas, reasonable consideration is given to protection of the character of a district. 10. Will the proposed zone conserve the value of buildings? The lighting standards will not only conserve the value of buildings but will conserve the quality of life within the community in both the residential and commercial area. The building values will be conserved by promoting and encouraging reasonable standards within these districts. These amendments will conserve the value of buildings. Page 3 of 15 11. Will the requested zone encourage_ the most appropriate use of the land throughout the jurisdiction? The most appropriate land uses throughout the jurisdiction are promoted by encouraging reasonable design standards that promote the general well-being of all citizens of the community. These changes will not only encourage appropriate land uses through the planning jurisdiction, but will also provide greater opportunities for the enjoyment of the visual elements of the night sky in a safe and healthy environment. Staff recommends that the Kalispell City Planning Board adopt the findings in staff report KZTA-05-3 and recommend to the Kalispell City Council that lighting standards be included in the Kalispell Zoning Ordinance as shown on attached. Exhibit A. IMM Page 4 of 15 TO ALL CITY COUNCIL MEMBERS, THE MAYOR, THE CITY MANAGER FROM JACKIE KIESER SUBJECT:TIGHTENING THE DRAFT LIGHTING ORDINANCE IN GENERAL, THIS IS A VERY WELL DONE ORDINANCE. NARDA WILSON HAS DONE AN OUTSTANDING JOB IN A VERY SHORT PERIOD OF TIME -AMAZING, CONSIDERING THE EXTENT OF HER DUTIES, HOWEVER, I DID DIS-AGREE WITH THE PLANNING BOARD ON SEVERAL ISSUES, AND FEEL WE SHOULDN'T RUSH THIS DOCUMENT THROUGH WITHOUT FIRST DOING SOME TWEAKING. THE TAXPAYERS SHOULD NOT HAVE TO READ BETWEEN THE LINES AND GUESS AT W14AT IS EXPECTED OF THEM. #1 NUMBER THREE TALKS ABOUT THE MOUNTING HEIGHT OF LIGHTS ON POLES. IT DOES NOT ADDRESS THE MOUNTING HEIGHT ON HOMES OR GARAGES. IT SHOULD BE CLEAR TO HOMEOWNERS THAT A LIGHT MOUNTED ON A HOME NEAR THE TOP WILT. NOT MEET CODE. I PROPOSE THAT A SECTION BE ADDED TO THE DRAFT THAT STATES THAT A LIGHT MAY BE MOUNTED I FOOT ABOVE THE GARAGE DOOR, AND THAT ALL LIGHTS MOUNTED ON A HOME SHALL NOT EXCEED 10 FEET. THE USE OF MOTION LIGHTS IS ENCOURAGED IN BOTH CASES. #2 WE ARE ASKING FOR COMPLIANCE FROM COMMERCIAL PROPERTIES IN 5 YEARS. THAT IS A LONG TIME, AS THE MOMENTUM MAY DISAPPEAR. I HAVE ALSO JUST FOUND OUT THAT THE COST OF REPLACING EACH POLE COULD RUN AROUND $2,000.00. AS WE HAVE NO DESIRE TO RAISE THE COST OF ANYONE'S GROCERIES, A GOOD COMPROMISE WOULD BE TO OFFER THEM THE CHOICE OF CONVERTING THE EXISTING LIGHTS WITH A SHIELD THAT WOULD CONVERT THEM TO FULL CUT OFF WITHIN ONE YEAR, OR WITHIN THREE YEARS FOR A FULL REPLACEMENT. WHITEFISH IS CONSIDERING GRANTING AN EXTENSION TO ANY BUSINESS WHO APPEALS DIRECTLY TO THE CITY COUNCIL AND MEETA MEANS TEST OF SOME SORT. I FEEL THAT THIS WILL KEEP THE ISSUE OUT FRONT DURING THIS CONVERSION PROCESS. #3 AFTER STREET LIGHTING, PARKING LOTS ARE THE MAJOR PROBLEM. I STRONGLY FEEL THAT THE INSURANCE COMPANIES ARE DICTATING TO US IN THE NAME OF SECURITY. I WAS TOLD BY A REALTOR/DEVELOPER THAT THE LOTS HAD TO BE LIT IN THE DARK HOURS BECAUSE SOMEONE MIGHT ENTER THE PROPERTY AND HIT A CURB. I SAY, W14Y DO WE 14AVE HEADLIGHTS? WHY DO THEY HAVE TO BE ON ALL NIGHT LONG? WHY CAN'T THE FIRST ROW BE LIT FOR NIGHTIME EMPLOYEE'S SAFETY, AND TO CAST SOME LIGHT ON THE BUILDING TO SPOT HOOLIGANS. THE REST COULD BE DIMMED OR TURNED OFF ENTIRELY. #4 ENFORCEMENT. WE SHOULD BE PRO ACTIVE RATHER THAN REACTIVE WHEN IT COMES TO ENFORCEMENT. RESIDENTIAL LIGHTING SHOULD NOT BE TREATED AS JUST A NUISANCE, AND DRIVEN ONLY BY COMPLAINT. ALL LIGHTING IS CUMULATIVE AND IMPORTANT. A SINGLE CODE OFFICER WILL BE OVERWHELMED AT FIRST, AND HAVE TO WORK AFTER DARK WITH HIS LIGHT METER. I SUGGEST A SIMPLE DOORKNOB HANGER SUCH AS THE WATER DEPARTMENT USES TO NOTIFY THE OFFENDER THAT HE HAS 30 DAYS TO COMPLY. A VOLUNTEER COULD PERFORM THAT TASK. I ALSO SUGGEST AN EDUCATIONAL BROCHURE THAT COULD -BE MAILED OUT WITH THE WATER BILLS OR THE CO-OP BILLS EXPLAINING WHAT THE REQUIREMENTS ARE. THIS ORDINANCE WILL GO INTO EFFECT DURING OUR LONGEST DAYS OF DAYLIGHT. MOST FOLKSWON'T BE NOTICING LIGHTS UNTIL AROUND H.ALLOWEEN. THERE SHOULD BE MUCH I?UBLICITY AROUND THAT TIME. THANK -YOU FOR YOUR CONSIDERATION IN THIS MOST IMPORTANT MATTER, JACKIE KIESER