10-07-08 Item 24South Miami
All - America Gary
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Ricardo Soto - Lopez MUP, Planning Director
Date: October 7, 2008 ITEM No.
a
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY
INSERTING NEW SECTION 20- 3.6(U) TO BE ENTITLED "OUTDOOR LIGHTING SPILLAGE ", IN
ORDER TO PROVIDE LIMITATIONS ON THE OVERSPILL OF OUTDOOR LIGHTING ON
ADJACENT PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND The Land Development Code. currently-,has several - provisions to regulate spillage of lighting from one property
onto another property. These include limiting light spillage from parking facilities onto adjacent residential property
(Sec. 20- 4.4(.E)(3) ) and eliminating any outdoor tennis court lighting in residential zoned districts (Sec. 20-
3.6(.)(4). Outdoor lighting in the TODD districts may not impact off -site uses or adjacent streets (Sec.20- 8.15(C).
At a recent City Commission meeting a request was made to the Planning :Department to consider similar provisions
for light spillage which occurs between residential properties. This type of lighting can be a serious annoyance to a
neighbor whose property is receiving unwanted lighting from a neighboring property. A review of the Land
Development Code (LDC) indicates there are no specific regulations to limit residential light spillage.
A number of municipalities do provide Code standards which limit light spillage in residential areas. The
measurement used primarily is a one -half foot - candle. A foot - candle is defined as a measure of illumination striking
a surface. It is measured by a light meter. In order to respond to this concern a technical amendment must be made
to the LDC, as shown on the attached draft ordinance. This amendment. "Section 20- 3.6(U) Outdoor Lighting
Spillage" will provide a maximum light spillage limit and be measurable by a code enforcement officer.
PLANNING BOARD ACTION
The Planning Board at its September 15, 2008 meeting conducted a public hearing on the proposed amendment and
adopted a motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading.
Attachments
Draft ordinance
Planning Board Minutes Excerpt 9 -15 -08
Planning Department Staff Report 9 -15 -08
LDC Sections 20- 4.4(E)(3); 20-3.6(M)(4);20-8.]5(Q
Public Notices
RSUSAY
XAComm Items \2008 \10 -7 -08 \LDC Amend Outdoor Lighting CM Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.6(U) TO BE ENTITLED
"OUTDOOR LIGHTING SPILLAGE ", IN ORDER TO PROVIDE LIMITATIONS ON
THE OVERSPILL OF OUTDOOR LIGHTING ON ADJACENT PROPERTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Land Development Code currently has several provisions to regulate spillage
of lighting from one property onto another property for parking lots and tennis courts; and
WHEREAS, at a recent City Commission meeting a request was made to the Planning
Department to consider similar provisions for light spillage which occurs between residential
properties which can be a serious annoyance to a neighbor whose property is receiving unwanted
lighting from a neighboring property ; and
WHEREAS, a review of the current provisions in the Land Development Code (LDC)
indicates there are no specific regulations to limit residential light spillage; and
WHEREAS, a number of municipalities do provide Code standards which limit light spillage
in residential areas using a standard measurement of illumination; and
WHEREAS, in order to respond to this concern a technical amendment is proposed for the
LDC entitled "Section 20- 3.6(U) Outdoor Lighting Spillage" which will provide a maximum light
spillage limit and be measurable by a code enforcement officer; and
WHEREAS, the Planning Board at its September 15, 2008 meeting, after public hearing,
adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment be
approved; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -3.6 Supplemental regulations of the Land Development Code is hereby
amended to add the following provisions:
Section 20 -3.6 Supplemental regulations
Section 20- 3.6(U1 Outdoor Lighting Spillage
(A) It is the purpose of this section to establish a minimum standard for the provision and
use of outdoor lighting in residential areas in order assure night -time safety and security
for private property while at the same time protecting adiacent properties from intrusive
light conditions.
(B) In residentially zoned districts, (RS, RT, RM, PUD -R) outdoor lighting shall be
designed so that any overspill of lighting onto adiacent properties shall not exceed one -
half (1/2) foot - candle (vertical) and one -half (1/2) foot candle (horizontal) illumination on
adiacent properties.
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0)
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 3 If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of
the remaining portions of this ordinance.
Section 4 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1 sc Reading —
2 °d Reading —
day of , 2008
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
X: \Comm Items\2008 \10- 7- 08\LDC Amend Outdoor Lighting Ord.doc
South Miami
All-America City
1 1. .
111.1
2001
To: Honorable Chair and Date: September 15, 2008
Planning Board Members
From: Ricardo Soto - Lopez, MUP Re: LDC Amendment — Outdoor Lighting
Planning Director Spillage — Section 20- 3.6(U)
PB -08 -028
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT
CODE BY INSERTING NEW SECTION 20- 3.6(U) TO BE ENTITLED "OUTDOOR LIGHTING
SPILLAGE ", IN ORDER TO PROVIDE LIMITATIONS ON THE OVERSPILL OF OUTDOOR
LIGHTING ON ADJACENT PROPERTIES; PROVIDING_ FOR SEVE-RABILITY;
PROVIDING FOR ORDINANCES -IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND
The Land Development Code currently has several provisions to regulate spillage of lighting from one
property onto another property. These include limiting light spillage from parking facilities onto
adjacent residential property (Sec. 20- 4.4(E)(3) ) and eliminating any outdoor tennis court lighting in
residential zoned districts (Sec. 20- 3.6(M)(4). Outdoor lighting in the TODD districts may not impact
off -site uses or adjacent streets (Sec.20- 8.15(C).
At a recent City Commission meeting a request was made to the Planning Department to consider
similar provisions for light spillage which occurs between residential properties. This type of lighting
can be a serious annoyance to a neighbor whose property is receiving unwanted lighting from a
neighboring property. A review of the Land Development Code (LDC) indicates there are no specific
regulations to limit residential light spillage.
A number of municipalities do provide Code standards which limit light spillage in residential areas.
The measurement used primarily is a one -half foot - candle. A foot - candle is defined as a measure of
illumination striking a surface. It is measured by a light meter. In order to respond to this concern a
minor technical amendment to the LDC, as shown below will provide a maximum limit and be
measurable by a code enforcement officer.
PROPOSED AMENDMENT
Section 20 -3.6 Supplemental regulations
Section 20- 3.6(U) Outdoor Lighting Spillage
(A) It is the purpose of this section to establish a minimum standard for the provision and use
of outdoor lighting in residential areas in order assure night -time safety and security for
private property while at the same time protecting adjacent properties from intrusive light
conditions.
LDC Amendment
August, 2008
Page 2 of 2
2
(B) In residentially zoned districts, (RS, RT, RM, PUD -R) outdoor lighting shall be designed so
that any overspill of lighting onto adiacent properties shall not exceed one -half (1/2) foot -
candle (vertical) and one -half (1/2) foot candle (horizontal) illumination on adiacent
properties.
RECOMMENDATION
It is recommended that the proposed amendment Section 20 -3.6 (U) as shown above be approved.
Attachments:
Public Notices
RSUSAY
X: \PB \PB Agendas Staff Reports \2008 Agendas Staff Reports \9- 15- 08 \PB -08 -028 LDC Amend Outdoor Lighting.doc
- .
ZONING REGULATIONS 20 -3.6
(fl Minimum for screen enclosures shall be:
RT -6 All Other districts
front 25 feet
rear 10 feet 10 feet
side, interior 0 feet 7.5 feet .
side, street 15 feet
* setbacks required are set forth in sections 20 -3.5 E, 20 -3.5 F, and 20 -3.5 G.
(g) Screen enclosures shall not be included in the computation of the total building
area or required pervious area; cement slabs within a screen enclosure are in-
cluded in the computation of required pervious area.
(5) Portable - pools. .
(a) Portable pools, four (4) feet or less above grade, are not subject to the enclosure
requirements in this section.
(b) Any steps -or ladders leading up to such a pool shall be properly enclosed with
fence.an&gate conforming to the :requirements of this section.
(M Whirlpool Spas.
(1) Open, enclosed or screen enclosures covering whirlpool spas may occupy r ^ ^uired rear
or side yards, subject to the requirements of this section.
(2) Impervious coverage shall be as per Section 20 -3.5.
(3) Minimum front setback shall be at the; rear of the front building line.
(4) Minimum side setbacks shall be five (5) feet each and minimum rear setbacks shall be
twelve and one -half (12.5) feet..
(5) In instances where a screen enclosure or wall serves as a structural part of the spa,
the side setback shall be not less than five (5) feet and the rear setback shall be not
less than ten (10) feet from the lot line.
(6) Spas shall be subject to the protective enclosure requirements applicable to swimming
pools.
(L) Boats and Trailers.
(D' Accessory storage of boats, other than those generally accepted to be of a rowing or
paddling type, shall be permitted only on a trailer.
(2) Storage of camp trailers shall not be permitted in required front yard setback areas.
.� (M) Tennis Courts.
(1) Minimum front yard setbacks for tennis courts shall be at the rear of the front
building line.
(2) Minimum rear and side yard setbacks for tennis courts shall not be less than fifteen
(15) feet each.
Supp. No. 1 59
20 -3.6 SOUTH MIAMI LAND DEVELOPMENT CODE 1
(3) Courts shall be completely enclosed by a chain link fence of at between ten (10) and
twelve (12) feet in height.
(4) Court lighting is prohibited in RS districts or on lots adjacent thereto.
(l) Canopy Carports.
(1) New canopy carports shall be approved by the board and may be constructed as
accessory structures in the front yard setback in residential districts, provided that
they:
(a) Shall not exceed ten (10) feet in height measured from grade to the uppermost
point of the carport cover.
(b) Shall not exceed twenty (20) feet in either length or width.
(c) Shall be located at least five (5) feet from the front property line and seven and
one -half (7.5) feet from any side property line, except where existing lot widths
are fifty (50) feet or less, in which case no side setback requirement shall apply,__
provided written consent of the adjacent property owner is furnished to the city.
(d) Shall have all four (4) sides left open if the structure is freestanding and three (3)
sides open if attached to a principal building.
(e) Shall have a flexible, weather - proof, canvas or canvas -like cover which shall be
maintained in good condition and free from holes, tears and fading.
(f) Shall, if it becomes deteriorated, be restored to its original condition or replaced
with a new cover by its owner which complies with the requirements of this
section.
(g) Shall not remain coverless or have a deteriorated cover for more than fifteen (15)
calendar days following notification by the city that the cover condition is in
violation of this section.
(2) Canopy carports existing prior to or on the effective date of this Code and located in
front yard setback areas in residential districts shall be deemed conforming accessory
structures, provided that they:
(a) Shall have a permit from the Building and Zoning Department.
(b) Shall comply with all applicable maintenance requirements for new carports.
(c) Shall be used solely for the storage of operable vehicles or boats.
(d) Shall have all four (4) sides left open if the structure is freestanding and three (3)
sides open, if attached to a principal building.
(0) RO Restrictions.
(1) . In addition to all other requirements, a continuous visual buffer shall be provided
whenever an RO use abuts or faces directly (within fifty (50) feet) a property zoned for
single- family residential purposes. To accomplish this, the normally required Perim-
eter landscaped buffer shall be increased from five (5) to eight (8) feet in width and
Supp. No. 1 60
OTHER REGULATIONS 20 -4.4
(E) Required Parking Improvements.
(1) Eveiy required off - street parking area shall be graded and drained to prevent damage
to adjacent properties, streets and alleys and shall be surfaced with erosion resistant
material, in accordance with all applicable codes.
(2) Markings and signs.
(a) Off-street parking areas shall be marked with painted lines, curbs or other means
to indicate individual spaces.
(b) Signs or markers shall be used as necessary to insure efficient traffic circulation
within all required parking areas.
(3) Lighting.
(a) Lighting shall provide footcandle illumination as required by SFBC of all
required off-street parking spaces if such spaces are to be used at night.
(b) Lighting shall be arranged and installed to minimize glare on adjacent residen-
tial properties and districts.
(4) Off-street parking spaces shall be separated from walkways, sidewalks, streets or
alleys by an approved wall, fence, curbing or other protective device.
(5) Landscaping for all off - street parking areas shall be required, in accordance with
Section 20 -4.5.
(6) Awnings, canopies or other metal, canvas or fabric- covered shelters shall be designed,
placed or used for parking of motor vehicles between the right- of-way and the front
building line, except in residential districts and as regulated herein,
(7) Entrances and exits.
(a) . Entrances and exits shall not be located where they may create undue traffic -
problems.
(b) All entrances and exits to required off - street parking areas shall be located 'not
less than fifteen (15) feet from any street intersection and designed so as to
prohibit the backing out of vehicles into public rights -of -way.
(c) Landscaping, curbing or control barriers shall be provided along lot boundaries to
control entrance and exit of vehicles or pedestrians.
(8) Parking under Buildings. Parking in structures forming aground floor of a structure
is prohibited in all RS, RT, RM, RO and NR districts. Parking in structures forming a
basement is prohibited in all RS and RT districts.
(9) No vehicular access to an RO use shall be permitted on aside adjacent to and/or facing
property zoned for single - family residential purposes, unless that side is the only
possible means of access to the RO property.
(Ord. No. 9 -99 -1683, § 4, 5 -4 -99)
Supp. No. 8 94.1
TRANSIT-ORIENTED DEVELOPMENT DISTRICT 20 -8.15
(D) Balconies. Balconies shall be permitted encroachments into permitted setback areas,
but not to exceed 6' 0 ". No storage or display of items other than furniture shall be permitted
on balconies. Balconies may not be enclosed or screened.
(E) Service and loading areas shall not be visible from public streets and adjacent
residential properties. All service areas shall be screened from the view of any pedestrian or
vehicular path.
(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
20 -8.15 Public spaces.
(A) A restrictive covenant for the perpetual maintenance for all public plazas and "cross -
thru's" shall be recorded with the appropriate Dade County agency in a form approved by the
City Attorney.
(B) When necessary for public convenience or safety, the developer shall dedicate to the
public access ways to pass through oddly shaped or-unusually long blocks, to provide the
networks_ or- public- paths creating access to parks, schools, mass transit facilities and
community services.
(C) Lighting for parking lots and pedestrian ways shall be provided to ensure personal
safety. Lighting shall be integrated into the architectural character both in terms of illumina-
tion and fixtures. Lighting shall not impact off -site uses or traffic on adjacent streets.
(D) Buildings shall abut the street -front sidewalk and orient the primary entrance of
entrances toward the street. Buildings shall provide amenities to improve the climate along
streets, with respect to excessive heat or sunlight, that will add to pedestrian comfort.
1. Where appropriate, canopies or arcades can be provided along the street frontage of
buildings; however, they should be carefully designed not to obstruct views and access
between building entrances, the sidewalk, and the street.
2. Shade trees may be planted to provide additional climate protection and contribute to
an attractive pedestrian environment.
(E) Consistent with the purpose of this district in the areas so covered, all new construction
and major reconstruction along certain street frontages must provide windows and entrances
or other features meeting the requirements of the following section to afford interest to .
pedestrians and to enhance the urban quality and shopping environment of downtown.
(F) Along a frontage containing a required building line, at least seventy -five percent of the
width of any new or reconstructed first -story building wall facing a street shall be devoted to
interest creating features, pedestrian entrances, transparent show or display windows, or
windows affording views into retail, office, or lobby space.
(G) Street trees shall be planted on all street frontages in accordance with section 20 -8.13.
i
.(Ord. No. 9 -97 -1630, § 1, 4 -1 -97)
Supp. No. 5 189
5OUT
IN CORPORATE
1927
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CITY OF SOUTH MIAMI
PLANNING BOARD
Action Summary Minutes
Monday, September 15, 2008
City Commission Chambers
7:30 P.M.
Draft
D
�!'Ti DT
Ti
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:48P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call --
Action: Chairman Morton. requested a -roll call. Board members present constituting a quorum:
Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, and Ms. Chael. Absent: Mr. Comendeiro and Ms.
Young.
City staff present: Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant),
and Lluvia Resendiz (Zoning Tech).
III. Planning Board Applications/Public Hearing
PB -08 -028
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND
DEVELOPMENT CODE BY INSERTING NEW SECTION 20- 3.6(11) TO BE ENTITLED
"OUTDOOR LIGHTING SPILLAGE ", IN ORDER TO PROVIDE LIMITATIONS ON
THE OVERSPILL OF OUTDOOR LIGHTING ON ADJACENT PROPERTIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
Mrs. Chael read the item into the record.
Action: Mr. Youkilis advised that the Land Development Code currently has several provisions to
regulate spillage of lighting from one property onto another property. These include limiting light
spillage from parking facilities onto adjacent residential property and eliminating any outdoor
tennis court lighting in residential zoned districts. At a recent City Commission meeting a request
was made to the Planning Department to consider similar provisions for light spillage which
occurs between residential properties. A review of the LDC indicates there are no specific
regulations to limit residential light spillage.
A number of municipalities do provide Code standards which limit light spillage in . residential
areas. The measurement used primarily is a one -half foot - candle. A foot - candle is defined as a
measure of illumination striking a surface. It is measured by a light meter. In order to respond to
this concern a minor technical amendment to the LDC, will provide a maximum limit and be
Planning Board Meeting
September 15, 2008
Page 2 of 2
measurable by a code enforcement officer. It was recommended by staff that the proposed
amendment Section 20- 3.6(U) as shown in the staff report be approved.
Ms. Yates questioned if there was a measurement in specific numbers allowing a certain amount of
light spillage for a commercial property as well as for a residential property. Mr. Youkilis replied
in the affirmative.
Mr. Morton questioned if there was a Miami -Dade County ordinance which would override the
City's proposed text , amendment. He advised that although the proposed ordinance establishes
criteria it does not account for any control and therefore may create enforcement problems. Mr.
Youkilis replied that the City's proposed text amendment will be equivalent to Miami -Dade
County and would be enforced by code enforcement .Mr. Youkilis replied that the City will have to
purchase equipment in order to provide enforcement.
Motion: Ms. Cruz moved to approve the proposed text amendment as recommended by staff. Ms.
Yates seconded.
Vote: 6 Ayes 0 Nays