HomeMy WebLinkAboutresolution.council.026-23RESOLUTION # 026
SERIES OF 2023
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL ADOPTING
POLICIES AUTHORIZING AMENDMENTS TO SECTION 26.575.150 —
OUTDOOR LIGHTING AND OTHER RELATED CODE SECTIONS AS
NECESSARY WITHIN THE LAND USE CODE.
WHEREAS, pursuant to Section 26.310.020(A), a Policy Resolution is required to
initiate amendments to the City of Aspen Land Use Code; and,
WHEREAS, the Land Use Code requires periodic amendments to ensure it supports
adopted City policy, is aligned with the community vision, and responds to changes in
community, development, technological and environmental conditions; and,
WHEREAS, Section 26.575.150 — Outdoor lighting, was last comprehensively
updated in 2003 and changes to lighting technology, updated design trends, and a growing
understanding of the value of the night skies to community character, human health, and
the ecological and environmental health of flora and fauna have raised the need for code
updates to the lighting standards; and,
WHEREAS, pursuant to Section 26.310.020(A), during a regular City Council
meeting on November 9, 2021, City Council adopted Resolution No. 101, Series of 2021,
granting approval of a contract with Clanton and Associates for professional services
related to an update of the outdoor lighting standards within the City's Land Use Code;
and,
WHEREAS, during a City Council Work Session meeting on January 23, 2023,
the Community Development Department received continued support from City Council
to amend the outdoor lighting standards; and,
WHEREAS, amending the Land Use Code, the City of Aspen will adopt national
best practices leveraging the guidance of the American National Standards Institute, the
Illuminating Engineering Society, and the International Dark Sky Association; and,
WHEREAS, to ensure responsible lighting design, the City of Aspen's updated
lighting code believes in the right to access dark skies and be free from unnecessary lighting
distractions at night through thoughtful lighting design based on updated principals and goals;
and,
WHEREAS, pursuant to Section 26.310.020(B)(1), the Community Development
Department, following approval of this Policy Resolution will conduct Public Outreach
with the public and members of the lighting development community; will receive
recommendation from the Planning and Zoning Commission in a public hearing; and will
propose an Ordinance to be considered at First and Second Reading; and,
Resolution No. 026, Series of 2023
Outdoor Lighting Policy Resolution
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WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Overall Code Amendment Objectives
The objectives of these code amendments are to:
1. Update the City's outdoor lighting policy based on national best practices and to
respond to updated lighting technology.
2. Reduce light levels, light pollution, wasted energy, and neighborly conflicts arising
from excessive or poorly designed light at night.
3. Create total site lumen allowances for different land use types established through
the concept of lighting zones which provide a hierarchy of planned lighting within
the City.
Section Z: Topics for Potential Code Amendments
1. The allowance, location, submittal process, and type and quality of outdoor lighting
allowed on property within the City of Aspen.
Section 3: Other Amendments as Necessary
Other amendments will be required within Section 26.435 — Development in Environmentally
Sensitive Areas (ESA), Section 26.515.080 — Special Review, and other sections as necessary
to ensure consistency and coordination with the updated outdoor lighting standards within the
Land Use Code.
Section 4•
This resolution shall not affect any existing litigation and shall not operate as an abatement of
any action or proceeding now pending under or by virtue of the resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 5•
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any
reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and shall not affect the validity of
the remaining portions thereof.
FINALLY, adopted this 28t' day of February, 2023.
mwz-,
Torre, Mayor
Resolution No. 026, Series of 2023
Outdoor Lighting Policy Resolution
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ATTEST:
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a& •
Nicole Henning, City 'I erk
APPROVED AS TO FORM:
ames R True, City Attorney
Resolution No. 026, Series of 2023
Outdoor Lighting Policy Resolution
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