Title
HOLD a public hearing and consider an ordinance amending Chapter 31 of the Killeen Code of Ordinances providing for outdoor lighting regulations.
Body
DATE: May 7, 2024
TO: Kent Cagle, City Manager
FROM: Edwin Revell, Executive Director of Development Services
SUBJECT: Ordinance Amending Chapter 31, Outdoor Lighting Regulations
BACKGROUND AND FINDINGS:
On January 23, 2024, the City Council made a Motion of Direction to have staff prepare an ordinance to expand the current lighting regulations associated with the “UD” (University District) and “CD” (Cemetery District) to all zoning districts.
As written, the proposed ordinance prohibits light trespass onto adjacent properties and rights-of-way and prohibits uplighting (with exemptions for flagpoles and public art). The proposed ordinance states that “all outdoor lighting fixtures shall be shielded to direct lighting downward and oriented in a manner that ensures that all illumination is contained within the source property.”
The proposed ordinance would also require any person wishing to install exterior lighting, which requires a permit under existing ordinances, to request a site plan review and obtain approval for such lighting from the City Building Official.
Per Texas Local Government Code Sec. 3000.002(c)(3)(C), municipalities are prohibited from regulating outdoor lighting, except within five miles of an active military base. Therefore, the proposed ordinance would only apply to properties within five miles of the boundary of Fort Cavazos.
The proposed ordinance also includes exemptions for temporary lighting for holiday decorations, civic events, and construction projects. Provided that such lighting does not cause light trespass or a driving hazard.
If approved, the proposed ordinance will help to prevent outdoor lighting nuisances like glare and light trespass. It will also help to preserve the integrity of the night sky.
THE ALTERNATIVES CONSIDERED:
The City Council has three (3) alternatives:
• Do not approve the ordinance;
• Approve the ordinance with amendments; or
Approve the ordinance as presented.
Which alternative is recommended? Why?
Staff recommends that the City Council adopt the ordinance as presented.
CONFORMITY TO CITY POLICY:
The proposed ordinance conforms to all applicable City policies.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
This is not applicable.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
At their Regular Meeting on April 18, 2024, the Planning and Zoning Commission recommended approval of the ordinance by a vote of 6 to 0.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Development Services and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Minutes
Ordinance
Presentation