Hearing #2022-0711-2. Victor guardiola (owner) and adriano swift (applicant) are requesting approval of a…

DATE: July 3, 2022 TO: Yocelyn Galiano, ICMA-CM, LEED-GA Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: 13005 Southwest 61 Avenue Conditional Use Permit – Outdoor Tennis Court Lighting PETITION REQUEST Victor Guardiola (Owner) and Adriano Swift (Applicant) are requesting approval of a conditional use permit to allow installation of outdoor lights adjacent to a proposed tennis court pursuant to the requirements of the Village’s Land Development Regulations, Division 5.25, Tennis Court/Basketball Court/Outdoor Recreational Area Lighting, in compliance with the criteria for a conditional use permit as provided in Division 3.3, Conditional Use Approval. SITE LOCATION The subject property is located at 13005 Southwest 61 Avenue, Pinecrest, FL 33156, within the EU-1, Residential Estate zoning district. SUBJECT PROPERTY Page 2 of 6 OWNER/APPLICANT Victor Guardiola (Owner) / Adriano Swift (Applicant) BACKGROUND The owner and applicant are requesting approval of a conditional use permit to allow the lighting of a proposed tennis court that will be constructed in the rear yard of an existing single-family residence on the property. PUBLIC COMMENT The Building and Planning Department has not received any public comments related to this request. Letters acknowledging the application for a conditional use permit for outdoor lighting have been submitted by the applicant for properties located to the east, west, and south of the subject property. The applicant has advised that the owner has planted additional Areca Palms along the southern property line as requested by the owner of the property to the south, located at 13101 SW 61 Avenue. ANALYSIS In order to obtain approval of a conditional use, an applicant is required to demonstrate compliance with the following standards of Division 3.3 of the Land Development Regulations: 1. LAND USE COMPATIBILITY - The Conditional Use, including its proposed scale and intensity, traffic generating characteristics, and off-site impacts shall be compatible and harmonious with adjacent land uses and shall not adversely impact land use activities in the immediate vicinity. A single-family residence exists to the north, south, and east of the subject property. The proposed lighting of the tennis court will be compatible with adjoining residential land uses if shielded as required, if the lighting is designed so that the intensity of lighting does not exceed 0.5 foot-candles at the adjoining property lines as required by the Village’s Land Development Regulations, and if the existing opaque landscape buffer that exists on the north, south, and east sides of the property continues to be maintained. 2. SUFFICIENT SIZE, SITE SPECIFICATIONS AND INFRASTRUCTURE TO ACCOMMODATE THE PROPOSED USE - The size and shape of the site, the proposed access and internal circulation, and the urban design must be adequate to accommodate the proposed scale and intensity of conditional use requested. The site shall be of sufficient size to provide adequate screening, buffers, landscaping, open space, off-street parking, efficient internal Page 3 of 6 traffic circulation, infrastructure and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The requested lighting is for a proposed tennis court. The size of the subject property is one acre in area and of sufficient size necessary to accommodate the proposed lighting in compliance with setback requirements of the Village’s Land Development Regulations. 3. COMPLIANCE WITH THE COMPREHENSIVE DEVELOPMENT PLAN (CDMP) AND LAND DEVELOPMENT CODE - The conditional use and site plan shall comply with environmental, zoning and other applicable regulations of the Land Development Code, and shall be consistent with the CDMP. The proposed use is consistent with the CDMP Policy 1-1.1.1 and all applicable requirements of the Village’s Land Development Regulations if designed and completed as required by the Village’s Land Development Regulations and pursuant to all conditions of approval. 4. PROPER USE OF MITIGATIVE TECHNIQUES - The conditional use and site plan shall incorporate mitigative techniques needed to prevent adverse impacts to adjacent land uses. In addition, the design scheme shall appropriately address off-site impacts to ensure that land use activities in the immediate vicinity, including community infrastructure, are not burdened with adverse impacts detrimental to the general public health, safety and welfare. The Building and Planning Department recommends mitigative measures to include shielding of the proposed lights and maintenance of the existing landscape buffer adjacent to the north, south, and east sides of the property. 5. HAZARDOUS WASTE - HAZARDOUS WASTE - No conditional use which generates hazardous waste or uses hazardous materials shall be located in the Village unless the specific location is consistent with the CDMP, Land Development Code, and does not adversely impact well fields, aquifer recharge areas, or other conservation resources, as may be applicable now or in the future. The proposed use shall not generate hazardous waste or require use of hazardous materials in its operation unless the Village Council approves conditions requiring mitigative techniques designed to prevent any adverse impact to the general health, safety and welfare. This standard is not applicable to the proposed conditional use. In addition to the general standards that are applicable to all conditional uses as provided in Division 3.3 of the Pinecrest Land Development Regulations, Division 5.25 of the Land Page 4 of 6 Development Regulations includes specific standards for approval of outdoor court lighting as follows: (a) A photometric plan shall be submitted which specifies the illumination levels, expressed in initial foot-candles, along all affected property lines. The Village’s Land Development Regulations limit lighting to 0.5 foot-candles at all property lines. A photometric drawing submitted with the application shows lighting levels at the property line in excess of 0.5 foot-candles, contrary to the requirements of the Village’s Land Development Regulations. The applicant is in the process of obtaining an updated lighting survey but it has not yet been provided to the Building and Planning Department. Staff recommends that submittal of a revised photometric lighting plan limiting lighting at all property lines to 0.5 foot-candles or less be submitted and approved as a condition of approval, prior to issuance of the required building and electric permit. (b) The lighting shall be designed so that any overspill of lighting onto adjoining properties or street rights-of-way shall not exceed 0.5 foot-candle vertically or horizontally and shall not cause any reflected illumination onto adjacent properties, structures or rights-of-way. A photometric plan showing lighting patterns and intensities around the proposed light fixtures has been provided. However, it indicates illumination levels in excess of 0.5 foot- candles, contrary to the requirements of the Village’s Land Development Regulations. The applicant is in the process of obtaining an updated lighting survey but it has not yet been provided to the Building and Planning Department. Staff recommends that submittal of a revised photometric lighting plan limiting lighting at all property lines to 0.5 foot-candles or less be submitted and approved as a condition of approval, prior to issuance of the required building and electric permit. The proposed light fixtures are required to include shields or to otherwise be designed to prevent glare and reflected illumination of the adjoining properties. Staff recommends that all lights be shielded and aimed downward to prevent glare. (c) Lighting standards and fixtures shall not exceed 18 feet in overall height and shall be located within the confines of the tennis court(s)/basketball court(s). The two light poles proposed to be located on the east side of the tennis court and the two light poles proposed to be located on the west side of the tennis court are proposed to be 18 in height, consistent with the maximum permitted height. The maximum overall height of the poles and light fixtures, from the ground to the top of the light fixtures may not exceed 18 feet. Page 5 of 6 (d) Tennis court/basketball court lighting shall not be used between the hours of 10:00 p.m. and 8:00 a.m. If approved by the Village Council, the Land Development Regulations and a proposed condition of approval will limit hours of use between 8:00 a.m. and 10:00 p.m. (e) Prior to the issuance of a certificate of use, the permittee must submit a letter of compliance from a registered engineer or architect stating that the installation has been inspected under operating conditions and found to be within the requirements set forth above. If approved by the Village Council, a letter of compliance will be required to be submitted prior to issuance of a certificate of use, demonstrating compliance with the Village’s lighting requirements. (f) The lighting shall not be injurious to the area involved or otherwise detrimental to the public welfare. The lighting will not be injurious to the public, if approved and maintained in compliance with the Village’s Land Development Regulations and recommended conditions of approval. RECOMMENDATION The Building and Planning Department recommends approval of the proposed tennis lighting subject to the following conditions: 1. Review of plans and approval of an electrical permit by the Building and Planning Department prior to installation of light poles and shielded light fixtures. 2. Submittal of a revised photometric drawing indicating proposed levels of lighting at all property lines not to exceed 0.5 foot-candles. 3. All light fixtures shall be aimed downward, away from adjoining property lines, and fitted with shields to prevent glare. 4. Maintenance of the existing landscape buffer adjacent to the north, south, and east sides of the tennis court. 5. The maximum overall height of the light poles and fixtures shall not exceed 18 feet from natural grade to the top of the light fixtures. Page 6 of 6 6. Outdoor court lighting shall not be used between the hours of 10:00 p.m. and 8:00 a.m. 7. Submittal of a letter of compliance from a registered engineer or architect, prior to issuance of a certificate of use, stating that installation of the lights has been inspected under operating conditions and found to be consistent with the requirements of the Village’s Land Development Regulations.