Item 10ACity of Southlake, Texas
MEMORANDUM
January 18, 2002
TO: Billy Campbell, City Manager
FROM: Rick Black, Director of Public Safety (Ext. 242 1)
SUBJECT: Variance to the Lighting Ordinance No. 693 -B for parking lot lighting located at
the 114 Kimball Square Retail Office Complex, 2354 -2368 E. State Highway 114.
Action Requested: City Council consideration of a variance request for parking lot lighting.
Background
Information: Ordinance 693 -B Exterior Lighting Ordinance specifies maximum lighting
levels, as well as types of lights for various properties in the city.
Section 4(b.) specifies lights on poles over 42 inches high shall be high -
pressure sodium lights. This type of light is most easily recognizable by its
distinctive orange color.
Section 4(d.) prohibits luminaires causing glare at property line or in vehicle
areas on streets.
Section 10 authorizes the City Council, after receiving a recommendation from
the planning and zoning commission, to grant a modification or variance from
the provisions of the ordinance in either of the following circumstances:
(1) Upon finding that strict application of the Ordinance would not
forward the purposes of this Ordinance, or that alternatives
proposed by the applicant would satisfy the purposes of this
Ordinance at least to an equivalent degree.
(2) Upon finding that an outdoor light, or system of outdoor lights
required for a particular use cannot reasonably comply with the
standard and provide sufficient illumination for safety, as
determined by recommended practices adopted by the Illuminating
Engineering Society of North America for the particular use or
other evidence submitted by a professional engineer.
Section 12 states that existing lighting that does not conform shall be deemed a
lawful use. However, if a person makes any change or addition to existing
lighting, the change or addition must conform to the provisions of the
ordinance; or if a person makes any change to the building which results in an
increase in the size of the building by more than 20 percent, the lighting must
conform to the provisions of the ordinance.
Billy Campbell
January 18, 2002
Page 2
The applicant, Mr. Dan Matise, received a building permit to remodel the shopping center building. The
shopping center originally had parking lights on poles, and used the white metal halide or similar type
lighting. During remodeling of the center, the contractor replaced the existing light poles with newer style
poles and continued the use of the white metal halide. The applicant had chosen metal halide fixtures that
cast a white light, without recognizing that the remodeling invoked the lighting requirements for the use of
high - pressure sodium under the ordinance.
As preparations were being made for the final inspection for the certificate of occupancy, staff observed and
noted that the lights were not high- pressure sodium (soft pinkish orange lights) and brought the matter to the
attention of Mr. Matise. Mr. Matise worked with staff to consider other options that could be approved by
the staff, including the installation of additional shields around the lights to minimize visibility of the light
source.
Mr. Matise also considered the use of ground lights to illuminate the building. However, the site is
extremely small and placement of other lights reduced the parking area or would be obscured by parked
vehicles. In addition, the placement of ground lights in front of the businesses posed a potential visibility
difficulty for the pedestrian traffic and occupants of the building. Mr. Matise is requesting the change,
recognizing that the use of the high- pressure sodium significantly alters the appearance and aesthetics of the
building, particularly with the limitations on other accent lighting options.
Section 4 of the ordinance authorizes the Building Official to approve alternate lighting if he finds that it
provides at least approximate equivalence to the applicable specific requirements of the ordinance and is
otherwise satisfactory and complies with the intent of the ordinance. In this case, staff considered the
following facts:
(1) Mr. Matise undertook a difficult project for a small site even though he could have continued
with the existing building and lighting had he chose to do so.
(2) This structure is situated along the newly widened Hwy 114 and other commercial property
nearby on the same side of the roadway use white lights at their locations.
(3) Significant effort has been made to shield the lighting source from vehicular traffic areas.
(4) Because of the small site space, the placement of ground lighting could impose other
complications.
(5) The fact exists that the lighting has been on for several weeks and there have been no
complaints for any adjacent property owners or other persons traveling in the area.
Staff does believe that the conditions to authorize a variance have been met, but believed that in this case it
would be more appropriate to seek the direction and authorization of the P &Z and City Council regarding
this variance request because of the unique location of the site and the continued use of the white lights.
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Billy Campbell
January 18, 2002
Page 3
Financial
Considerations: Not Applicable
Citizen Input/
Board Review: The Planning and Zoning Commission considered the variance request at the
January 3, 2002 meeting and recommended approval 6 -0.
No citizen input has been received at this writing.
Legal Review: Not Applicable
Alternatives: Variances may be granted as requested, denied or modified as deemed
appropriate by the Council.
Supporting
Documents: Ordinance No. 693 -B, sections 4,10 and 12
Letter of appeal from Dan Matise Realty Service
Staff
Recommendation: Place this item on the January 22, 2002 City Council agenda for consideration
and recommendation as authorized under Section 10 of the ordinance.
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Ordinance 693 -B Lighting Ordinance Sections 4, 10 and 12
SECTION 4.
LIGHTING DESIGN
(a-.) Lighting systems, including the placement of luminaires, shall meet the requirements of this
Ordinance.
(b.) Luminaires on poles over 42 inches in height and exterior wall mounted light fixtures shall be
high- pressured sodium lights or other lights giving a similar soft lighting effect. The building
official may approve alternate lighting if he finds that it:
(1) provides at least approximate equivalence to the applicable specific requirements of
this Ordinance; and
(2) is otherwise satisfactory and complies with the intent of this Ordinance.
(c) Fully recessed lights in ceilings of canopies or roof overhangs may be of any type provided
the level of illumination does not exceed the limitations specified in Section 5 hereof. See
Appendix Illustration B.
(d) Luminaires causing glare at property line or in vehicle areas on streets or parking
lots are prohibited.
SECTION 10.
APPEALS; VARIANCES; MODIFICATIONS
(a) A person may request a modification or variance from the provisions of this Ordinance. The
person shall submit an application for a variance to the building official on forms prescribed
by the building official.
(b) A person who is dissatisfied with the decision of the building official may file an appeal. The
person may file an appeal not more than 10 days after the determination of the building
official. The person shall submit an appeal to the building official on forms prescribed by the
building official.
(c) The city council, after receiving a recommendation from the planning and zoning
commission, may grant a modification or variance from the provisions of this Ordinance in
either of the following circumstances:
(1) Upon finding that strict application of the Ordinance would not forward the purposes
of this Ordinance, or that alternatives proposed by the applicant would satisfy the
purposes of this Ordinance at least to an equivalent degree.
(2) Upon finding that an outdoor light, or system of outdoor lights required for a particular
use cannot reasonably comply with the standard and provide sufficient illumination for
safety, as determined by recommended practices adopted by the Illuminating
Engineering Society of North American for the particular use or other evidence
submitted by a professional engineer.
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(d) The city council, may impose such conditions on a modification or variance which it deems
appropriate to further the purposes of this Ordinance.
SECTION 12.
EXISTING LIGHTING
(a) When outdoor lighting does not conform to the provisions of this Ordinance and lawfully
exists on the effective date of this Ordinance or when plans for outdoor lighting have been
lawfully submitted in connection with an application for a building permit, concept plan,
development plan or site plan, it shall be deemed a lawful use, subject to the following
conditions:
(1) If a person makes any change or addition to an existing lighting system, the change or
addition shall conform to the provisions of this Ordinance; and
(2) If a person makes any change or addition to an existing building which results in an
increase in the size of the building by more than 20 percent, the person shall ensure that
the existing outdoor lighting shall conform to the provisions of this Ordinance.
(b) A person may file an application for a variance from the requirements of Section 12 (a) (2)
with the City C council as provided in Section 10 hereof. In considering whether to grant
such a variance, the City Council shall consider, in addition to the factors enumerated in
Section 10 hereof, the costs necessary to comply with this Ordinance and the extent of
economic hardship that a person would incur in order to conform to the provisions of Section
12 (a) (2) hereof.
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MATISE
REALTY SERVICE
December 10, 2001
Mr. Paul Ward
Chief Building Official
City of Southlake, Texas
VIA Fax: 817/481 -5713
Re: Request for Zoning Variance
114 Kimball Square
23 54-23 68 E. Hwy. #114
Southlake, Texas
Dear Mr. Ward:
We respectfully request a zoning variance relating to the exterior pole lighting installed. Metal shields have
been installed to meet city guidelines and eliminate objectionable light beyond the property line. We will
immediately add any additional shielding and /or adjust existing shields as you deem necessary. Our
electrical contractor will be coordinating this effort directly with city inspectors, the primary goal being a
well - lighted and secure Shopping Center for customers while eliminating objectionable glare or hindrance to
neighbors or traffic.
The ordinance of which we request a "variance ", relates to the "type" of lighting used. We selected a light
that is equal to the high pressure sodium (BPS) while eliminating an orange light cast in order to obtain a
true soft white for proper visibility. Our brick is a "light washed" pink color with an off -white trim for
column and upper parapet caps. If lighted by "high pressure sodium" fixtures the building will have a
conspicuous orange hue. The "metal halide" selected is designated specifically for a " color correct
rendition of the subject being lighted.
Again, we have no problem adjusting any spillover light that may remain; however, the color of the building
is important to be maintained under artificial light as well as daylight. In the meantime, we request the
existing metal halide be allowed on an interim basis until there is a resolution to our request.
Sincerely,
DAN MATISE REALTY SERVICE
Dan V. Matise
cc: Mr. Deen Ritter
Mr. Lloyd Taylor
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