Approve conditional use permit for half basketball court lighting

THIS PAGE INTENTIONALLY BLANK DATE: April 26, 2024 TO: Yocelyn Galiano, ICMA-CM Village Manager FROM: Stephen Olmsted, AICP, LEED-GA Planning Director RE: 5950 SW 104 Street Conditional Use Permit – Outdoor Lighting - Half Basketball Court PETITION REQUEST Mr. Mario Moreno and Ms. Maria Mayoral (Owners) are requesting approval of a conditional use permit to allow continuation of two (2) existing outdoor lights adjacent to an existing half basketball court pursuant to the criteria for a conditional use permit as provided in Division 3.3, Conditional Use Approval of the Village’s Land Development Regulations, and in compliance with the criteria of Division 5.25, Tennis Court/Basketball Court/Outdoor Recreational Area Lighting. SITE LOCATION The subject property is located at 5950 SW 104 Street, Pinecrest, FL 33156, within the EU-1, Residential Estate zoning district. Page 2 of 5 OWNER/APPLICANT Mario Moreno and Maria Mayoral (Owners) BACKGROUND Mr. Moreno and Ms. Mayoral are requesting approval of a conditional use permit to allow lighting of an existing half basketball court. The half basketball court, limited area of artificial turf adjacent to the southern and eastern sides of the court, and two exterior court lights were installed by previous owners without required permits from the Village of Pinecrest. The current property owners have applied for an after-the-fact permit for the sports court and turf and are now requesting review and approval of a conditional use permit from the Village Council to allow continuation of the existing outdoor lighting. PUBLIC COMMENT The Building and Planning Department has received one telephone inquiry. The resident has no objections to the requested conditional use permit provided the lighting is not used between the hours of 10:00 p.m. and 8:00 a.m. as restricted by the Village’s Land Development Regulations. 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. The existing lightning will be compatible with adjoining residential land uses if maintained in accordance with required specifications of the Village’s Land Development Regulations. Additionally, there is a solid metal fence, several mature oak trees, clusters of palm trees, and other landscaping that exist along the fence line that will be effective in buffering the sports court and lighting from neighboring residents. 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 traffic circulation, infrastructure and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The proposed lighting is for an existing half basketball court. The size of the subject property is over one acre in area (48,787 square feet) and of sufficient size necessary to accommodate the Page 3 of 5 proposed lighting in compliance with setback requirements of the Pinecrest 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 indicated in submitted plans and pursuant to proposed 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 existing lights are shielded and aimed downward. A six-foot metal fence and landscaping consisting of several mature canopy trees and palm trees exist along the south, east, and west property lines. Clusia plants also exist along the western property line. 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 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. 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 maximum permitted level of illumination of 0.5 foot-candles at the property lines. Page 4 of 5 (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. The submitted application and an inspection of the existing lights indicates that the existing lights are shielded and aimed downward to prevent glare and overspill of lighting on to adjoining properties. If the requested Conditional Use Permit is approved by the Village Council, a letter of compliance will be required to be submitted prior to closure of the permit and issuance of a certificate of use, demonstrating that lighting is 0.5 foot-candles or less at the property line. (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 existing light poles located on the south side of the half basketball court are 18 feet in height, consistent with the maximum permitted height restrictions. (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 outdoor sports court 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 existing sports court lighting subject to the following conditions: 1. Issuance of required permits for the sports court and artificial turf, and an electrical permit for the outdoor lighting by the Building and Planning Department. 2. Outdoor court lighting shall not be used between the hours of 10:00 p.m. and 8:00 a.m. Page 5 of 5 3. All light fixtures shall be aimed downward, away from adjoining property lines, and maintained with existing shields to prevent glare. 4. Maintenance of a six-foot opaque fence and landscape buffer adjacent to the south sides of the half basketball court. 5. Submittal of a letter of compliance from a registered engineer or architect, prior to closure of the permit and 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 Land Development Regulations including a maximum level of illumination at the property lines of 0.5 foot-candles.