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TC Ord. No. 2010-03 Amending Section 15.30.030 of the Avon Muni Code to extend the deadline for compliance w Ord No. 04-19 Series of 2004 and setting forth details in regard theretor diAC Memo all 1)0 To: Honorable Mayor and Town Council Initials Thru: Larry Brooks, Town Manager Legal Review: Eric Heil, Town Attorney Approved by: Sally Vecchio, Asst Town Manager, Com Dev From: Matt Gennett, AICP, Planning Manager Date: February 4, 2010 Re: Ordinance No. 10 -03, Series of 2010 Summary: During the Citizen 'Input item of the January 26, 2010 Town Council meeting, Chris Kline a resident living at 630 West Beaver Creek Blvd, addressed the Council in response to receiving a "Notice of Violation" letter stating that he had to replace the outdoor lighting fixtures on his home, pursuant to Chapter 15.30, Avon Municipal Code. Mr. Kline did not feel it was fair that the requirements of the Outdoor Lighting Ordinance (OLO), adopted in 2004 would apply to his pre- existing home. In response to this complaint, and after further discussion and consideration, Staff was directed to draft an ordinance extending the commencement of the enforcement date in the OLO from the November 17, 2009 until June 15, 2011. Previous Council Action: The Town Council identified the need for increased outdoor lighting regulations beginning as early as the spring of 2004. Staff was directed to investigate and propose a solution to this issue because of the significant growth and building activity the Town was experiencing. After several months of consideration, public hearings (including °a night-time tour of existing outdoor lighting), discussions with the Community Development Subcommittee, Planning and Zoning Commission, the Town Council approved Ordinance 04 -19 in November of 2004. The governing legislation in this Ordinance states: "all exterior lighting installed after the effective date shall conform to the standards established. All existing lighting installed before the effective date of the Ordinance shall be brought into conformance within five (5) (5) 'years from the date of adoption... orb Y November 17, 2009. (AMC 15.30.030)" Background: The background of the OLO is extensive, dating back to early 2004. The importance of having -a dark, night sky to the Town of Avon has been a continuing theme ever since adoption of the OLO as emphasized with the well - scrutinized design review of all new residential and commercial lighting applications. r, n The 2006 Comprehensive Plan reinforced the regulations and the Town's policy direction on this matter with Policy H3.4 which states. Ensure outdoor lighting does not create undesirable'` light pollution and complies` with the `Dark `Sky Ordinance ". Revisit the ordinance as needed to ensure it is achieving the desired goals. Public outreach and education with respect to the mandatory compliance requirement of the OLO has been extensive. In addition to the workshops and public hearings on the front -end of the approval _process, the Planning staff increased public' awareness efforts with the publication and distribution of the Avon Lighting Ordinance User's Guide (Attachment B). Some large properties formerly in violation of the OLO, including the Eaglebend Apartments, have since come into compliance with the requirements of the OLO at great expense. This property can be viewed as a successful example that demonstrates how excessive light and glare can be reduced when light fixtures are either replaced or retrofitted. Discussion: Staff will provide the Council with a presentation during the hearing demonstrating the state of compliance within the regulations and highlighting the extent to which the Town has invested in meeting the stated purpose and intent of the OLO, and the Avon Dark Sky Preservation Initiative. Financial ;Implications: Based on early direction from Council, the Town was held equally liable for replacement of their own fixtures pursuant to the new lighting standards. The ;5 -year CIP budget 'annually included funds for regular replacement of existing street lights beginning in 2006. While this approach has been rather costly for the Town, it highlights the fairness of the regulations, and demonstrates that the Town is working diligently to remedy all violating fixtures in a timely manner. The Town has also achieved a significant level of compliance with commercial properties in Town Center. The Town has spent an estimated $650,000 on the appropriate retrofitting and replacement of Town -owned streetlights and corresponding fixtures to achieve compliance since adoption of the OLO. Staff has estimated that an _ average residential or commercial light fixture retrofit or replacement costs approximately $25/ per fixture. This estimate is based on a review of the average cost of fixtures or shading attachments from local outdoor light- fixture retailers and other providers. Recommendation: Citing the findings detailed above, w stated intent, and compliance contin new construction utilizing compliant Ii Ordinance,10 -03, Series of 2010, effectiveness of Chapter 15.30 (AM( stated therein. • Page 2 dicate that the OLO continues to achieve its rh the retrofitting /replacement of fixtures or by ctures,' Staff recommends the Council TABLE low the staff to adequately research the accordance with the procedural requirements C C Proposed Motion: "I move to TABLE Ordinance No. 10 -03, Series of 2010, citing the pertinent findings of fact and criteria provided by staff in their memorandum to council dated February 4, 2010." Town Manager Comments: A. Ordinance No. 10 -03, Series of 2010 B. Town of Avon Lighting Ordinance User's Guide C. Avon Dark Sky Preservation Initiative • Page 3 Exhibit A TOWN OF AVON, COLORADO ORDINANCE NO. 10 -03 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 15.30.030 OF THE AVON MUNICIPAL CODE TO EXTEND THE DEADLINE FOR COMPLIANCE WITH ORDINANCE NO. 04 -19, SERIES OF 2004, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, pursuant to C.R.S. §31 -15 -103, §31 -15 -104, §31 -23 -301 et. seq. and §29 -20 -101 et. seq. and pursuant to the home rule powers of the Town of Avon ( "Town "), the Town Council has the power to make and publish ordinances necessary and proper to regulate the use of land and provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and WHEREAS, Ordinance No. 04 -19 was adopted in November, 2004 and established the "Avon Dark Sky Preservation Initiative" program which requires all existing lighting fixtures installed before the effective date of the ordinance brought into conformance with the new lighting standards within five (5) years from the date of adoption of the ordinance or by November 17, 2009 ; and, L` WHEREAS, there is a public purpose in temporarily relieving the general public of the potentially burdensome cost of complying with Chapter 15.30 Outdoor Lighting Standards, Sec 15.30.030, Applicability, of the Avon Municipal Code by extending the deadline for compliance from November 17, 2009 to June 15, 2011; and 0 WHEREAS, the Town Council finds that extending the Outdoor Lighting Standards' compliance deadline from November 17, 2009 to June 13, 2011 will not adversely affect the health, safety and general welfare of the residents of Town; and, WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the Town Council desires to comply the requirements of the Avon Home Rule Charter by setting a public hearing in order to provide the public an opportunity to present testimony and evidence regarding the application and that approval of this Ordinance on first reading does not constitute a representation that the Town Council, or any member of the Town Council, supports, approves, rejects, or denies this ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO the following: Section I Recitals Incorporated: The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the Town Council. Section 2 Repealed: Section 15.30.030 of the Avon Municipal Code is hereby repealed in its entirety and reacted to read as follows: Ordinance No. 10 -03 Outdoor Lighting, February 9, 2010 Page 1 of 3 0 "15.30.030 Applicability The lighting standards of this Chapter shall be applicable to all exterior lighting within the Town of Avon. All exterior lighting installed after the effective date of this Chapter shall conform to the standards established by this Chapter. All existing lighting installed before the effective date of this Chapter shall be brought into conformance by June 15, 2011." Section 3 Codification Amendments: The codifier of the Town's Municipal Code, Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any typographical error in the enacted regulations, provided that such correction shall not substantively change any provision of the regulations adopted in this Ordinance. Such corrections may include spelling, reference, citation, enumeration, and grammatical errors. Section 4 Severabilty: If any provision of this Ordinance, or the application of such provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. The Town Council hereby declares that it would have passed this Ordinance and each provision thereof, even though any one of the provisions might be declared unconstitutional or invalid. As used in this Section, the term "provision" means and includes any part, division, subdivision, section, subsection, sentence, clause or phrase; the term "application" means and includes an application of an ordinance or any part thereof, whether considered or construed alone or together with another ordinance or ordinances, or part thereof, of the Town. Section 5 Effective Date: This Ordinance shall take effect seven days after public notice following final passage in accordance with Section 6.4 of the Avon Home Rule Charter. Section 6 Safetv Clause: The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Avon, that it is promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 7 No Existing Violation Affected: Nothing in this Ordinance shall be construed to release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing which may have been incurred or obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall be treated and held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and 40 Ordinance No. 10 -03 Outdoor Lighting, February 9, 2010 Page 2 of 3 for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered, or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring such penalty or liability or enforcing such right, and shall be treated and held as remaining in force for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before any court or administrative tribunal. Section 8 Publication by Posting: The Town Clerk is ordered to publish this Ordinance by posting notice of adoption of this Ordinance on final reading by title in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. INTRODUCED, APPROVED, PASSED ON FIRST READING,; ORDERED POSTED AND REFERRED TO PUBLIC, HEARING on February 23, 2010 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado on the February 9, 2010. Ronald C. Wolfe, Mayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least seven days prior to final action by the Town Council. ATTEST: . Patty McKenny, Town Clerk APPROVED AS TO FORM: Eric Heil, Town Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on February 23, 2010. Ronald C. Wolfe, Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Patty McKenny, Town Clerk Ordinance No. 10 -03 Outdoor Lighting, February 9, 2010 Page 3 of 3 U U Exhibit B The ordinance features a five -year horizon date that requires all existing non - conforming outdoor light fixtures to comply with the ordinance by November of 2009. In some cases, this may require the replacement of existing fixtures that do not comply with the ordinance. The purpose of this 'guide is to provide the residents and business owners of Avon a variety of illustrative examples of compliant and non- compliant light fixtures. The following light fixtures are considered "full- cutoff' and compliant with Avon's Lighting Ordinance. Wall mounted with light bulb fully recessed II Compliant "Full Cutoff fixtures (cont'd) Full Cutoff Shaped sconce Acceptable partially shielded fixtures (cont'd) Partially shielded with opalescent glass l i on top Wall mounted with trusted glass Wall moun L d glass The following examples are compliant with the Ordinance and may be used for commercial, security or parking lot lighting. hull cutoff parlong light Full cutoff commercial fixtu Full cut off "wall pack" with more side'spre+ id i �X i Compliant "wall pack" design fixture cs rt3 - ILI Fully recessed canopy fixture Floodlights With external shielding, floodlights are permitted in Town � provided that no light is directed above a twenty -five (25) degree angle and only if the fixture does not cause glare or light to shine on adjacent properties or public rights -of -way. (See Figure 2) Wall mounted floodlight with acceptable angle The following light fixture examples DO NOT comply with the Town Lighting Ordinance: `G xi } 9t`R MII Wall mounted floodlight with acceptable angle The following light fixture examples DO NOT comply with the Town Lighting Ordinance: Visible bulb and clear glass Improperly aimed high "output flood light Prior to the retrofitting of any current non- compliant light fixtures, it is highly ;recommended that contact be made with the Community Development Department. A lighting cut sheet is required in order to determine if conformity with the Ordinance is possible. This user's guide is not an endorsement of any manufacturer or any product by the Town of Avon. It is simply a guide to illustrate that there are a number of styles of lighting that are compliant with Avon's Lighting Ordinance. Sources include: www.darksky.org / fixtures /res.html, www.homedepot.com, www.seaguillighting.com, www. kichler.com /kichlercatalog.jsp, www.regentlighting.com d j Ik ! I Visible bulb and clear glass Improperly aimed high "output flood light Prior to the retrofitting of any current non- compliant light fixtures, it is highly ;recommended that contact be made with the Community Development Department. A lighting cut sheet is required in order to determine if conformity with the Ordinance is possible. This user's guide is not an endorsement of any manufacturer or any product by the Town of Avon. It is simply a guide to illustrate that there are a number of styles of lighting that are compliant with Avon's Lighting Ordinance. Sources include: www.darksky.org / fixtures /res.html, www.homedepot.com, www.seaguillighting.com, www. kichler.com /kichlercatalog.jsp, www.regentlighting.com Exhibit C []I C �m What is the vision for Avon? Avon is unique due to its duel role as a year -round community serving the needs and interests of those that live and work within the community full -time and as a resort community that hosts both short and long -term visitors. The juxtaposition between these two functions has often made planning and decision- making for the Avon community and its leaders challenging. During this planning process it became apparent, however, that much of what the community expressed in terms of values, beliefs, and desires for Avon's future could in fact provide a synchronized direction for many of the unique issues and concerns associated with each of Avon's two identities. Put in simple terms "A great place to live is also a great place to visit, and conversely, a great place to visit should certainly be a great place to live." From the understanding that Avon's duel role as a community for year -round residents and as a destination resort community could and should be mutually supportive, a set of core themes were identified that provide an overarching direction for the Comprehensive Plan and its implementation. • Sense of place and character. Avon will be a fully developed community made up of smaller residential neighborhoods and a thriving Town Core that collectively provide a unique sense of place and charm that is not only enjoyed by those that live and work here year- around, but that is enviously enjoyed by those that come to visit. • Thriving center of activity and entertainment: Avon will provide the Eagle Valley with exceptional and unique shopping, dining, entertainment and recreational opportunities. • A vibrant economy: Avon will maintain a strong and sustainable year -round economy through partnerships with local businesses and resort operators. • Connectedness to cultural and environmental Avon heritage: A will provide g exceptional art, architecture and cultural events and facilities, along with strong connections to its spectacular scenery, ample outdoor recreational opportunities, and its ranching and agricultural heritage. • An exceptional transportation. and transit network: Avon will offer a state -of- the -art multi -modal transportation system that provides convenient, efficient, clean links throughout the town, to ski area base facilities, and the entire Eagle Valley region. g i • Cooperative partnership with Beaver Creek: Avon will provide more than just a gateway to the Beaver Creek resort area, but is a partner working cooperatively with Beaver Creek in order to achieve mutual enhancements and the success of both communities. ow does a Dark Sky relate to the Town vision? Access to a clear and visible night sky is a strong value to our community. Across the United States, especially in urban areas, access to a clear sky no is longer possible g because of poor exterior lighting. Over lighting of developments is unnecessary and obtrusive. In order for Avon to fully achieve its vision, it needs to ensure that the Town is a livable community for residents and a world -class experience for guests and visitors. Light pollution is a threat to our clear night skies that are a significant part of the Rocky 2 Mountain West. Night lighting on a site is desirable for safety and aesthetic purposes, but in no case, needs to detract from our western heritage. What is the objective of this regulation and the program? The Dark Sky Preservation Initiative (DSPI for short) is a program implemented by Town staff to provide the community with a measurable tool that supports the general goals and objectives of the "Outdoor Lighting Ordinance" adopted in 2004. The Town of Avon is experiencing a significant increase in the use of exterior illumination. Town residents': value small town character and the qualities associated with this character, including the ability to view the stars against a'dark sky. Both residents and guests recognize that inappropriate and poorly designed or installed outdoor lighting causes unsafe and unpleasant conditions, and limits their ability to enjoy the nighttime sky. Through the adoption of Ordinance 04 -19, elected officials decided the following six main goals were critical in regulating exterior lighting: ■ Promote adequate light for safety and security; • Reduce light trespass beyond property lines, and offensive light sources; • Prevent inappropriate and poorly designed or installed outdoor lighting; ■ Reduce glare; • Reduce nighttime light pollution and to protect and reclaim the ability to view the night sky by restricting the unnecessary upward projection of light; • Phase out existing non - conforming fixtures that violate this chapter, including those owned by the Town; 3 r �J ow will we know if we are making a difference? The DSPI is based on several qualitative objectives and premises: ➢ A baseline measurement of total observable lumens at select points (public /private interfaces) in the Town Core of Avon will establish existing lighting levels (i.e. prior to phase out of non- compliant light fixtures). ➢ A regular and consistent measurement of these fixed locations over time should indicate whether lighting levels are static, worsening or changed as a result of the regulatory requirements of the ordinance. ➢ A report of findings at least five years after the adoption of this ordinance should indicate whether or not we've been effective at enhancing access to a clear night sky, and whether or not the goals and objectives of the ordinance are sufficient or need further refinement. (Insert picture of Lumen meter with Matt at a location) 4 In summary, the DSPI program gives us a "real time" tool to measure and evaluate a new regulation. While it is qualitative in nature, data will be consistently collected and evaluated. Dark Sky Preservation Initiative: Sample Data Form Location: Avon Road / Roundabout " #3 Date: January 3rd Year : 2005 ' Quarter: 1St Time' 9: 00pm Inspector :, 'Matt P. Conditions /'.Humidity: Clear,' new moon, 11`% H Location Diagram GPS Locations: P1: P4 ® ® P1 P2: P3: P4: #3 P3 ® ® P2 North Observable Readings (in Fc): P1:N /S /E /W P2:N /S /E /W P3:N /S /E /W P4:N /S /E /W Unit Type: Extech 407026 : Selection(s): S & F Set Range: 200 -2000 Aggregate Reading: Pl P2 P3 P4 Average for this site: 5 KI KI Ebb Full cutoff parking light Parking /Security pole mounted fixture 6 The following light fixtures are "partially shielded" and would comply with the Ordinance only with 1) a bulb output of less than 1,000 lumens, or 2) provided that the light is effectively contained by a structure. Partially Shielded Fixtures Floodlights: With external shielding, floodlights are permitted in Town provided that no light is directed above a twenty-five (25) degree angle and only if the fixture does not cause glare or light to shine on adjacent, properties or public rights -of -way. (See Figure 2) Figure 2 acceptable angle 7 • C, 0 The following light fixture examples DO NOT comply with the Town Lighting Ordinance: Improperly aimed high output flood light "Wall pack" design with visible bulb Prior to the retrofitting of any current non - compliant light fixtures, it is highly recommended that contact be made with the Community Development Department. A lighting cut sheet is required in order to determine if conformity with the Ordinance is possible.