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HomeMy WebLinkAboutminutes.apz.20221206Minutes Aspen Planning and Zoning Commission December 6, 2022 Page 1 of 5 Vice Chairperson Spencer McKnight called the regular Planning and Zoning (P&Z) meeting for December 6th, 2022 to order at 4:30 PM. Commissioners in attendance: Brittanie Rockhill, Christine Benedetti, Jason Suazo, Sam Rose, Tom Gorman, and Spencer McKnight. Commissioners not in attendance: Teraissa McGovern Staff in Attendance: Amy Simon, Community Development Planning Director Ben Anderson, Community Development Deputy Director Haley Hart, Long Range Planner Sophie Varga, Zoning Enforcement Officer Kate Johnson, Assistant City Attorney Cindy Klob, Records Manager COMMISSIONER COMMENTS Mr. Rose announced he had picked up a petition to run for City Council. He was congratulated by the other commissioners. STAFF COMMENTS Ms. Simon stated this would be the only meeting in December. She thanked everyone for their time on the commission. PUBLIC COMMENTS None APPROVAL OF MINUTES None DECLARATION OF CONFLICT OF INTEREST None PUBLIC HEARINGS None Minutes Aspen Planning and Zoning Commission December 6, 2022 Page 2 of 5 OTHER BUSINESS Outdoor Lighting – Land Use Code Update Presentation and Discussion Mr. Ben Anderson introduced Ms. Haley Hart. Ms. Hart introduced Ms. Sophie Varga and stated they have been working on proposed revisions to the lighting code. They are meeting with the commissions and technical stakeholders for feedback on the 50% completed draft version. She stated there will be a more formalized outreach campaign with the general public early next year which will contain feedback from this meeting. At this time, staff is asking for feedback on the draft and not a formal recommendation. Ms. Hart then described the lighting code standards apply to any outdoor lighting on residential, commercial, lodge or public buildings or properties. The code does not apply to right-of-way light such as streetlights. Ms. Hart reviewed the history of the lighting code and some current issues with it including performance considerations, overall outdated code, inconsistent requirements across use types, and light trespassing from inside a building. She described how the lighting design and engineering firm, Clanton and Associates, is assisting with the development of the proposed code changes. The firm did a walking tour in the spring of 2022 and provided a memo of the findings from the tour. Ms. Hart then reviewed the proposed code updates including: • Focus on lighting performance by parcel • Introducing concept of “lighting zones” to identify performance standards • Updating terminology providing flexibility as lighting technology changes over time • Clear rules and expectations during remodels and retrofitting • Improved definitions and processes • Incorporating “dark skies” best practices without pursuing certification Mr. Anderson noted a couple of council members are very interested in pursuing certification, but staff is not recommending it at this time. Mr. McKnight asked if this would be done about the same time as the 5G towers. Mr. Anderson stated the wireless industry is a bit unknown at this time. So far, the city has only received applications for 10 fixtures to be installed next summer. He stated the lights associated with the towers will be “dark sky” compliant. He estimated there are 750 streetlights in Aspen today and it would be multi-million dollar exercise to replace or upgrade them. He did not believe the Utilities Department is planning to do this at this time. Ms. Hart asked the commissioners to respond to some questions. 1) What are some words or phrases that you would use to describe what outdoor lighting should be like or what outcomes it should achieve? Mr. McKnight provided “soft and purposeful”. Mr. Rose agreed with Mr. McKnight and added “safety”. Mr. Gorman agreed with Mr. Rose. Minutes Aspen Planning and Zoning Commission December 6, 2022 Page 3 of 5 Ms. Benedetti agreed with “purposeful” and added “thoughtful”. Ms. Rockhill agreed with “safety” and feels the code should work with businesses who are trying to draw in customers so it’s not too much. Mr. Suazo agreed with the other commissioners. Mr. McKnight asked staff to share the memo from the consultants. Ms. Hart replied the different zones are identified, but they are not mapped at this time. Mr. Anderson stated they are discussing options for defining the zones including distance from downtown, density of housing, etc. 2) In your own experiences of living and working in Aspen, (and in your work on P&Z) do you have any concerns or issues related to outdoor lighting that we should consider in the draft code? Mr. Suazo asked if the city logs complaints regarding holiday lights. Ms. Simon stated the city has tried to educate the public regarding how wrapping tree branches can impact their health and growth and the impact of lights on wildlife. The city tries to limit the use of it. Ms. Varga noted the draft has a time range for holiday lighting. Mr. Suazo asked if wildlife areas/migratory paths could be a separate zone. Mr. Anderson asked if limits should be year ‘round or specific times. Mr. Suazo it may be challenging to define a holiday date range. Mr. Suazo is concerned about the cost of retrofitting. Mr. Anderson stated the team is trying to land on a reasonable timeframe, possibly a five to ten year to achieve a level of compliance. Mr. Anderson asked if they look at the picture displayed (outside of the Cowenhoven building at night), what limits should be applied, if at all. Mr. McKnight likes the lighting on the features of the building in the city core but doesn’t want to see it spill over. He hopes the new code will hope to focus the lighting and make it purposeful. Mr. Gorman asked if the downtown lights as currently experienced on buildings such as the Hotel Jerome will continue to be allowed or not. Mr. Anderson replied not unless there is a proposal to change it. He added there may be some thresholds set on tenant finishes. Ms. Rockhill feels this is good timing with the new construction at Lift 1A. She asked if the city is looking into the lights in the doors of the Residence Clubs and hotels can not be on if no one is in the room. Mr. Anderson replied the lighting plans submitted by both projects at Lift 1A included some of the techniques included in the proposed lighting performance code changes. He is noted the building code that is ready to be adopted addresses some of her concerns regarding interior Minutes Aspen Planning and Zoning Commission December 6, 2022 Page 4 of 5 controls of lighting but may not address everything. He added the code currently does not address any light trespassing from the interior to the exterior and this makes up a lot of complaints received. He stated it is challenging to come up with enforceable regulations. 3) Do you have any question or comments about concepts, definitions or review processes proposed in the 50% draft? Mr. Rose feels it would be good if the lighting code could honor the buildings with old western town features. Ms. Hart stated they will be sending an updated list of comments to the Clanton team by the end of the week and asked if any commissioner has additional input, to please send it in. Mr. Gorman stated he had visited Ann Arbor Michigan which is considered a dark sky city. He noted they do not have a curfew and the new code is applied to new development and remodels only. Mr. Gorman asked if the level of specificity is necessary regarding acceptable solutions as described on page 5. Mr. Gorman asked if there was a national or industry standard or is this something specific to Aspen. Mr. Gorman feels the suggested curfew could present safety issues. Mr. Gorman asked if the city has established any baselines. Mr. Anderson responded the consultant captured some satellite readings and looked at available data. He responded Aspen’s contribution to light pollution is likely tied to the streetlights. He noted there may be some residential or commercial applications that are especially egregious. He added the space they are investigating in regards to curfews is with holiday lighting or commercial lights when the business is not open. Mr. Gorman asked how much the proposed residential changes would lower the emissions. Is it worth pursuing them if they do not have a large impact. This is why he asked about establishing baselines. Mr. Anderson responded their ultimate purpose is not to significantly reduce the lighting from residential buildings. They want to attempt to address areas of complaints, provide more consistent requirements and a reasonable path forward for residents to improve the lighting on their property without a long review process. Mr. Gorman suggested staff consult with first responders, insurance people and property managers as to what they need for safety. Mr. Gorman asked if an information campaign would be effective and adopt a subsidy to assist those who can not afford upgrades. Mr. Anderson believes the focus will be with new development and remodels. He added CORE provides subsidies for upgrades. Ms. Hart thanked everyone for their comments. Discussion of Future Meeting Format Minutes Aspen Planning and Zoning Commission December 6, 2022 Page 5 of 5 Ms. Johnson stated staff has been evaluating the status of the meeting venues. With COVID there was an emergency ordinance allowing P&Z to meet virtually. She noted the Historic Preservation Commission there had been issues raised with the virtual meeting platform. Staff is gauging how the commissions want to meet and City Council has left it up to the chair to make the decision regarding the meeting format. She reiterated the city does not have the resources to accommodate hybrid meetings. She stated Chairman McGovern has indicated an interest to move back to in person meetings in January of next year. There is a discussion item on tonight’s agenda to allow for commissioners to object to Ms. McGovern’s interest or request a full discussion on the topic. Ms. Simon stated there have been several glitches with the virtual platforms and noted it is a no win situation because some members of the public will prefer the format to remain virtual and some will want the meetings in person. She stated it needs to be one way or the other because it is confusing to the public to switch back and forth. Ms. Benedetti stated she would support moving back to in person meetings and feels it will be more effective. Mr. Rose is not opposed to in person meetings, but it may make it more difficult for him to attend meetings at times. Mr. Gorman feels both formats have advantages, and he would anticipate missing in person meetings due to other commitments. He thinks there is an advantage to meeting in person. Ms. Rockhill stated from a health perspective she is trying to stay away from people since she has a newborn child. She would prefer delaying meeting in person until warmer weather such as March or April. Mr. McKnight agrees with Ms. Rockhill. He also acknowledges in person meetings can be better, especially for new commissioners. He anticipates missing more meetings if it is switched back to the in person format. He suggested having additional discussion at the next meeting. Ms. Simon stated the plan will be to meet virtually January 3rd, 2023 and discuss it again. ADJOURN Mr. Gorman motioned to adjourn and was seconded by Mr. Rose. All in favor and the meeting was adjourned. Cindy Klob, Records Manager