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• <br />surrounding conservation lands. Such concerns relate to effects upon <br />surrounding properties. Therefore staff's analysis is that the Commission did <br />not fail to consider adequately the effects on surrounding properties. <br />(4) Did the Planning and Zoning Commission fail to evaluate the application with <br />respect to the comprehensive plan and land development regulations of Indian River <br />County? <br />The light pollution concerns of some of the Planning and Zoning Commission <br />members appears to have been based on a perceived conflict between conservation <br />uses and nighttime lighting. However, the CON -1 district specifically and the LDRs <br />generally do not prohibit such lighting. Such lighting in CON -1 areas can be <br />necessary for public access and recreation uses. Examples of such circumstances <br />include lighting of boat ramps for night and early morning use or lighting of camping <br />areas. <br />As detailed in attachment #3. the gun range was originally approved as a "public <br />park ' administrative permit use -under the site's 1998 A-1 (Agriculture) zoning. The <br />applicable public park specific use criteria address lighting in section 971.40(7)(d)2., <br />as follows: <br />tel <br />Any recreational use equipped with Lighting to allow the use of the <br />facility after sunset shall be designed such that: <br />All lights are shielded from shining into residentially <br />designated adjacent properties; and <br />b. Hours of operation and/or special design techniques are used <br />to mitigate noise impacts, especially during evening and <br />nighttime hours." <br />The site is not located near any residentially designated properties. thus criterion 2.a <br />is met. The Planning and Zoning Commission staff report on the county's extended <br />hours request (attachment #1) provided details on criterion 2.b. in regard to lighting <br />design and hours of operation limitations. Essentially. all range lighting is proposed <br />to be shielded and focused directly on target areas with little spill over. In addition <br />proposed site lighting (street and parking lot lighting) will be the minimum needed <br />to provide adequate traffic safety for the proposed nighttime hours of operation. All <br />lighting can be turned off at 9:00 p.m <br />The Commission decision appears to have been based on criteria 2a. and 2b. as <br />referenced above. However those criteria provide for regulating rather than <br />prohibiting nighttime lighting. In staffs opinion, the proposed lighting design and <br />limited hours of operation are sufficient to meet criteria 2a and 2b. The <br />Commission appears to have applied a more stringent lighting standard than is <br />provided for in the county LDRs. Thus. the outright prohibition of nighttime lighting <br />that resulted from the Commissions decision was not based in the LDRs. Therefore. <br />the Planning and Zoning Commission did fail to properly evaluate the request with <br />respect to the county's (LDRs). _ <br />March 20, 2001 <br />St's 1 <br />188 <br />