Title
ZV2025-0014 & 0015, Pembroke Falls Recreational Facility, 1651 NW 136 Avenue, variance requests. (Cole) (District 3)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Nelson Scott, agent, is requesting two lighting variances for the Pembroke Falls Recreational Facility located at 1651 NW 136 Avenue. The applicant is proposing to upgrade the existing lighting on the tennis / pickleball courts to LED fixtures. The applicant is specifically requesting the following:
• To allow a maximum CCT of 5,000K instead of the maximum allowed CCT of 3,000K for residential common areas.
• To allow a maximum of 105 footcandles instead of the required maximum of 12 footcandles.
The Pembroke Falls Recreation Facility was approved in 1995 through site plan application SP95-26. At the time there were no illumination standards, and the existing fixtures and luminaries are existing non-conforming. Code section 155.686(H)1 requires that when 50% or more of any component (e.g., luminaires, poles) of the exterior lighting system at a building or project is upgraded, changed, or replaced (not including regular maintenance), such component for the remainder of the exterior lighting shall be brought in compliance with all applicable requirements of this section.
Additionally, public facilities including but not limited to parks; lighted recreation and athletic areas, courts and fields are exempt from the lighting standards within the Land Development Code; however, the code does not provided exemption or have specific standards for private recreation facilities beyond code section 155.686 general lighting standards thus resulting in the necessity for the applications before the Board.
Should the variances be approved, the applicant must obtain all applicable building permits.
VARIANCE REQUEST DETAILS:
The applicant is requesting two lighting variances for Pembroke Falls Recreation Facility. The variances are intended to allow for proper illumination for tennis and pickleball, as outlined in the applicant's justification statement. The specific variance requests are the following:
• ZV2025-0014: To allow a maximum CCT of 5,000K instead of the maximum allowed CCT of 3,000K for residential common areas.
• ZV2025-0015: To allow a maximum of 105 footcandles instead of the required maximum of 12 footcandles.
General lighting standards are regulated by Land Development Code section 155.686. For reference, staff has attached all applicable sections from Article 6 of the Land Development Code.
VARIANCE DETERMINATION:
The Planning & Zoning Board shall not grant any non-single-family residential variances, permits, or make any decision, finding, and determination unless it first determines that:
Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
In the granting of non-single-family residential variances, the Board shall follow Section 155.301(O) Variance:
1. Purpose: To allow for the provision of relief from certain development standards of this LDC for one or more of the following reasons:
a) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
b) Any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
c) Granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.