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HomeMy WebLinkAboutagenda.apz.20230801AGENDA ASPEN PLANNING & ZONING COMMISSION August 1, 2023 4:30 PM, Pearl Pass Meeting Room 3rd Floor, 427 Rio Grande Pl, Aspen I.ROLL CALL II.COMMENTS III.MINUTES III.A Draft Minutes - 6/20/23 IV.DECLARATION OF CONFLICT OF INTEREST V.PUBLIC HEARINGS VI.OTHER BUSINESS VI.A Resolution #XX, Series of 2023 - Outdoor Lighting Code Amendment VII.BOARD REPORTS VIII.ADJOURN minutes.p&z.062023_DRAFT.pdf Outdoor Lighting Regulations_Staff Memo.pdf Resolution No.XX, Series of 2023 - Outdoor Lighting Code.pdf Exhibit A - Draft Code Amendment - Outdoor Lighting.pdf Exhibit B - Aspen Lighting Ordinance Community & Stakeholder Memo.pdf Exhibit C - Aspen Lighting Ordinance Existing Conditions Memo.pdf Exhibit D - Draft Map of Proposed Lighting Zones.pdf Exhibit E - Draft Spreadsheet Tool - Evaluating Conformance with New Regulations.pdf TYPICAL PROCEEDING FORMAT FOR ALL PUBLIC HEARINGS 1) Conflicts of Interest (handled at beginning of agenda) 2) Provide proof of legal notice (affidavit of notice for PH) 3) Staff presentation 4) Board questions and clarifications of staff 5) Applicant presentation 1 6) Board questions and clarifications of applicant 7) Public comments 8) Board questions and clarifications relating to public comments 9) Close public comment portion of bearing 10) Staff rebuttal/clarification of evidence presented by applicant and public comment 11) Applicant rebuttal/clarification End of fact finding. Deliberation by the commission commences. No further interaction between commission and staff, applicant or public 12) Chairperson identified the issues to be discussed among commissioners. 13) Discussion between commissioners* 14) Motion* *Make sure the discussion and motion includes what criteria are met or not met Revised January 9, 2021 2 3 4 5 Page 1 of 7 Outdoor Lighting Code – P&Z Recommendation MEMORANDUM TO: City of Aspen Planning and Zoning Commission FROM: Haley Hart, Long-Range Planner Sophie Varga, Planner THROUGH: Ben Anderson, Deputy Director of Community Development MEMO DATE: July 27, 2023 MEETING DATE: August 1, 2023 RE: Outdoor Lighting Land Code Amendment Recommendation from P&Z REQUEST OF THE COMMISSION: As part of the Land Use Code (LUC) Amendment process, and prior to the consideration by City Council of an amendment to the Land Use Code updating Section 26.575.150 - Outdoor lighting, P&Z is asked to review the draft code and provide recommendation pursuant to 26.310.020.B. SUMMARY AND BACKGROUND: Section 26.575.150 - Outdoor lighting, of the LUC defines the regulations related to outdoor lighting on private or public property within the City of Aspen. The purpose for updating this code section is in response to difficulties present in the current code. This section was last comprehensively updated in 2003. The current code is fully prescriptive, meaning there is little consideration of the performance, or quality of light generated on the entire property. This makes it extremely difficult for lighting designers to design in conformance with the City’s code and for the City’s zoning officers to evaluate development proposals. Additionally, the current code primarily establishes a single set of standards for lighting across different land use types and areas of town. For example, most of the lighting standards are the same for residential, commercial, parks, and publicly owned spaces – all of which are distinct uses that should have distinct lighting parameters associated with their use. 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 a full overhaul of the lighting standards. It is important to note that the lighting standards in the LUC do not apply to lighting in the Right-of-Way, including the City’s system of streetlights and lighting related to transit facilities. 6 Page 2 of 7 Outdoor Lighting Code – P&Z Recommendation Since the adoption of Resolution No. 101, Series of 2021, a resolution approving the contract between the City and Clanton and Associates, staff has worked with the lighting design consultant to evaluate existing conditions and draft language towards an updated code. This work included a community and stakeholder visioning session which took place April 18th-20th, 2022. This time was spent evaluating nighttime lighting conditions and conducting a preliminary public outreach and engagement survey, culminating in the creation of the Aspen Lighting Ordinance Community & Stakeholder Memo, included as Exhibit B and the Aspen Lighting Ordinance Existing Conditions Memo, included as Exhibit C. Since then, Staff and the consultant have worked towards development of a draft ordinance and have since taken updated language and concepts to community stakeholders, those involved in the visioning session, lighting design experts, architects, the Historic Preservation Commission, the Planning and Zoning Commission, and the Commercial Core and Logging Commission. Staff and the consultant will continue to work with these stakeholders and the public to gain feedback for first reading at Council. Proposed Policy: The code sections anticipated for amendment include: Primary Section • 26.575.150 - Outdoor lighting Secondary Sections • 26.435 - Development in Environmentally Sensitive Areas (ESA), and; • 26.515.080 – Special Review Innovative concepts to the outdoor lighting policy are proposed for the draft ordinance and are based on national best practices following guidance from the American National Standards Institute (ANSI), the Illuminating Engineering Society (IES), and the International Dark Sky Association (IDA). Aspen is a unique city situated in a natural environment and the context of the City’s geographical location and how both human and the natural ecosystem interact with the nighttime environment will guide what to light, why, and when. Staff and the consultant understand that some exterior lighting is appropriate and necessary for the safety of people at night, and the following principals are proposed as a guide for responsible lighting design: (1) Useful – All lighting at night should have an intended purpose. (2) Targeted – Light should be directed only where it is needed. (3) Low Light Levels – Light should be no brighter than necessary for the task. (4) Controlled – Lighting should only be used when it is useful. (5) Spectrum – Lighting shall restrict the range of Correlated Color Temperatures (CCTs) used outdoors in order to reduce disruptive, shorter wavelengths while encouraging warm-white light color temperature. 7 Page 3 of 7 Outdoor Lighting Code – P&Z Recommendation Together with the forementioned principles for responsible lighting design, the following goals are proposed to be the cornerstone of the draft policy: (1) Use ANSI/IES exterior illuminance recommendations to reduce pedestrian accidents and promote the health, safety, and welfare of people. (2) Reduce obtrusive and glaring light that inhibit human vision and detract from enjoyment. (3) Curtail light pollution, reduce sky glow metrics, improve the nighttime environment for residents, visitors, and astronomer enthusiasts. (4) Prevent inappropriate and poorly designed or installed outdoor lighting. (5) Protect local and migrating ecological systems from the adverse effects of artificial light. (6) Prevent light trespass from unnecessarily disturbing people (and their sleep patterns) and from unnecessarily restricting access to nighttime darkness as a natural resource. New topics and terms based on national best practices are proposed to better serve the City’s nighttime environment. The central focus will include the following: • Lighting Zones – a municipal planning tool which creates a hierarchy of planned lighting and overlays with specific land uses. • Light Quality –fixtures and lighting design that direct a pleasant and purposeful quality of light (intensity and color). • Light Trespass – the measurement and enforcement of how much internal light is radiated externally beyond the boundary of its intended use, such as a property line. • Historic Landmarks – the continuation and recognition that the City’s historic sites may adopt or have existing lighting approvals to highlight their architectural significance to the community. • Holiday/Seasonal Lighting – a proposed policy question at first reading to Council will direct staff on the duration of holiday lighting and how much will be allowed per site. • Prescriptive and Performance-based Guidelines – a blend of both submission types to evaluate how a building or parcel is illuminated holistically rather than looking solely at the type of individual lights on the site. • Parks and Public Spaces – staff and the consultant have worked with the Parks and Recreation team to create standards that provides flexibility while preserving homogeneity regarding the type and quality of lighting in the City’s parks and publicly owned spaces. 8 Page 4 of 7 Outdoor Lighting Code – P&Z Recommendation Although the City will not be pursuing the International Dark Sky Places certification due to the limited purview that the LUC section is responsible for, the principals, goals, and topics of focus are analogous with those of dark skies communities and will have a marked impact on the preservation of the night sky. Staff and the consultant team will continue to work towards the development of a draft ordinance that includes a framework for improved coherency and a workable balance between safety, aesthetics, human health, and ecological and environmental impacts of outdoor lighting. Proposed Changes Lighting Zones Aspen land use patterns reflect a higher intensity of use in the commercial, downtown core and a decreasing intensity of use as one gradually moves away from the core and into the more residential parts of town. The application of lighting zones reflects this pattern. Lighting Zone 1 is applied to most of the residential areas and allows for less light intensity per parcel. Lighting Zone 2 is applied to the commercial and mixed use zones in town and allows for a slightly higher intensity of light in recognition of the needs of pedestrians and commercial uses. While defined and discussed in the code, Lighting Zones 0 and 3 would have minimal, practical application and will not be frequently utilized. Light Quality The proposed code is designed to encourage fixtures that direct light downward (fully shielded), discourage, but allow with limited lumens, lights projected upward (unshielded), and limit the amount of horizontally broadcast light (partially shielded). Additionally, the code requires that fixtures produce a light quality that is warmer (yellow/orange) rather than cooler (blue/white) as defined in the amount Correlated Color Temperature (CCT) allowed. Differentiating Residential and Commercial Under the current code, lighting standards are relatively uniform across different types of uses. This often leads to sub-optimal design outcomes, and difficulty in permit submission and review. The proposed code provides clearly delineates residential and non-residential uses. Maximum lumens per Site Combined with light quality consideration, a maximum number of lumens per site helps define light performance. This is the amount of light that is available for all of the outdoor lighting on the property. The number of lumens changes per fixture and is measured by the amount of light that a fixture produces. These limits are enumerated in tables within the residential and non-residential sections. Light Trespass Light Trespass is a measure of the total amount of light that a property produces from both outdoor and indoor sources that crosses the property line. Concerns about light trespass are a major source of complaints filed with ComDev by neighbors and 9 Page 5 of 7 Outdoor Lighting Code – P&Z Recommendation pedestrians. We currently have no way to respond to these complaints. This proposal establishes thresholds for compliance and would require ComDev to acquire sophisticated light measuring tools and evaluate light trespass (on a complaint basis). It is also important to note that light trespass would only be enforced on for violations within the curfew hours identified. Holiday Lighting This is a topic of significant community interest and a source of numerous complaints on an annual basis. Aspen is a resort community that celebrates the holidays and the winter season. It is also a community that values dark skies, the health of our trees, and works to reduce potential conflicts between neighbors. The proposed code responds to these issues by giving limitations: 1) length of use; 2) quantity and quality of lights; and 3) hours of use with an established curfew. Again, this would only apply to holiday lighting on private property. Holiday lighting in the right-of-way (including the Pedestrian Malls) are subject to other standards. Flexibility for City Parks to Respond to Park-specific-needs Aspen’s parks are distributed across town and often have park-specific use patterns and needs. The lighting zone system is too limiting to this diverse park system. While the intent statements and requirements for individual lighting fixtures will apply to all park properties, the code intentionally grants flexibility to the City Parks Department to install lighting that is appropriate and necessary in providing safe and enjoyable park and trail experiences. Effective Dates for Code Compliance and Response to Complaints Anytime new code changes are proposed, a consideration of the impacts of creating new “non-conformities” is part of the process. Non-conformities are things that when established were legal and consistent with the code at the time, but now following a change to the rules, are no longer compliant with the new code. The proposed code would create a 5-year legacy period for existing, nonconforming fixtures. After 5-years, enforcement of non-conforming fixtures could commence following a formal complaint. It is important to note that unless it involves a life-safety issue, City staff do not wander around town looking for problems – staff will enforce only within a complaint driven system. It is important to note that the Light Trespass and Holiday Lighting standards would be enforced immediately (again, based on complaints) upon the effective date of the Ordinance. Clarity on Applicability and Submission Requirements and Process P&Z would only evaluate lighting in two circumstances: 1) A lighting plan within a Planned Development review; and 2) as proposed in a Special Review – where a project does not meet some provision of the code and requests a variation. Otherwise, these requirements are all handled during the building permit review process – specifically as part of the zoning review. An important aspect of the proposed code is an improved description of the submission requirements for different kinds of 10 Page 6 of 7 Outdoor Lighting Code – P&Z Recommendation development scenarios – from the replacement of a single fixture to a full, new development. Additionally, Clanton and Associates has put together a tool (excel spreadsheet) that allows for an easy depiction of a project’s proposed lighting and conformance with code requirements. The results of this tool would then be submitted by an applicant and provides an easy mechanism for staff to evaluate compliance. Policy Questions: The draft code as proposed provides answers to these questions – but staff would appreciate if P&Z would evaluate and provide any thoughts within your comments or in the formal recommendation. Policy Questions: 1. Do you agree with the 5-year period as appropriate in providing legacy exemptions for existing fixtures? Should Light Trespass and Holiday lighting curfews be effective immediately? 2. Do you agree with the idea of and proposed framework for the regulation of Light Trespass? 3. Do you agree that holiday lighting should be limited seasonally (allowed from November to March)? 4. Do you agree with the idea of a curfew (hours of enforcement) for Light Trespass and allowed hours for holiday lighting? On residential properties the hours are proposed for 10p to 7a. For non-residential uses – the curfew would allow for an hour after close and an hour prior to opening. 5. Aspen has long had a provision prohibiting neon and neon appearing lighting. Do you agree with this continued prohibition? RECOMMENDATIONS: Staff recommends that P&Z consider both the policy level changes that the amendment proposes – as well as the specific language that defines the new regulations. At the meeting the commission will be given the opportunity to ask questions and discuss the merits of the proposed code provisions. Should the Commission agree entirely with the draft, a recommendation could be made that supports the proposed code as is. If, however, a majority of the Commission would like to make either general or specific recommendations for Council consideration, it is advised that the Commission vote on any proposed recommendations for changes, additions, or deletions. If a majority of the Commission approves, staff would add those recommendations to the P&Z Resolution and would convey these sentiments and recommendations to Council during the review of the eventual Ordinance. 11 Page 7 of 7 Outdoor Lighting Code – P&Z Recommendation RECOMMENDED MOTION: If the Commission concurs with the draft code, as is: “I move to approve Resolution No. XX, Series of 2023.” If the Commission would like to add additional recommendations or make formal comment to Council on the draft code: “I move to approve Resolution No. XX with the following additions or changes…” EXHIBITS: A – Draft Code Amendment - Outdoor Lighting B – Aspen Lighting Ordinance Community & Stakeholder Memo C – Aspen Lighting Ordinance Existing Conditions Memo D – Draft Map of Proposed Lighting Zones E – Draft Spreadsheet Tool - Evaluating Conformance with New Regulations 12 Resolution #XX, Series of 2023 Outdoor Lighting Code Page 1 of 3 RESOLUTION #XX SERIES OF 2023 A RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING APPROVAL BY CITY COUNCIL FOR THE AMENDMENT OF CITY OF ASPEN LAND USE CODE SECTION 26.575.150 – OUTDOOR LIGHTING AND OTHER RELATED CODE SECTIONS AS NECESSARY WITHIN THE LAND USE CODE WHEREAS, pursuant to Section 26.575.150 – Outdoor lighting, of the City of Aspen Municipal Code, the allowance, location, submittal process, and type and quality of outdoor lighting allowed on property within the City of Aspen is established; and, WHEREAS, objectives of these code amendments are to update the City’s outdoor lighting policy based on national best practices and to response to updated lighting technology; and, WHEREAS, the City elects to pursue reduction of light levels, light pollution, wasted energy, and neighborly conflicts arising from excessive or poorly designed light at night; and, WHEREAS, other amendments will be required within Section 26.435 – Development in Environmentally Sensitive Areas (ESA), and Section 26.515.080 – Special Review, to ensure consistency and coordination with the updated outdoor lighting standards within the Land Use Code; and, WHEREAS, Community Development has presented and discussed this issue with the Planning and Zoning Commission; and, WHEREAS, at a regular meeting on August 1, 2022, the Planning and Zoning Commission considered the amended code, and reviewed staff’s memo, and by a __ - __ (_-_) vote approves Resolution #XX, Series of 2023, recommending Council consideration and approval of amending Section 26.575.150 – Outdoor lighting. NOW, THEREFORE BE IT RESOLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Planning and Zoning Commission recommends the Land Use Code Section 26.575.150. - Outdoor lighting, be rescinded and readopted as follows in Exhibit A. Section 2: Land Use Code Section 26.435.040.B.3.f. – Stream Margin review. f. All exterior lighting is low and downcast with no light(s) directed toward the river or located down the slope and shall be in compliance with Section 26.575.150. A lighting plan will be submitted with all development applications. 13 Resolution #XX, Series of 2023 Outdoor Lighting Code Page 2 of 3 Section 3: Land Use Code Section 26.430– Special Review shall be rescinded and readopted as follows: Sec. 26.430.030. - Applicability. Special review shall apply to all development in the City designated for special review by the following chapters or sections of this Title: • Dimensional requirements (Chapter 26.710, Zone Districts) • Replacement of nonconforming structures (Chapter 26.312) • Reduction of open space requirements in CC Zone District (Section 26.575.030(b)) • Off-street parking requirements (Section 26.515.040) • Reductions in the dimensions of utility and delivery service area provisions • Subdivision standards (Section 26.480.050) • Accessory Dwelling Unit Design Standards (Chapter 26.520) • Wireless telecommunications facilities and/or equipment (Section 26.575.130) • Affordable housing unit standards • Variations to the Residential Demolition and Redevelopment Standards (Chapter 26.580) • Outdoor lighting (Chapter 26.575.150) (l) Outdoor lighting standards. A project may request variations from the requirements of Section 26.575.150 – Outdoor. Whenever a special review is considered by the Planning & Zoning Commission or the Historic Preservation Commission it shall be reviewed in accordance with the following standards: (1) The outdoor lighting plan, luminaire, or installation has: (a) a demonstrable community benefit; or, (b) is for the purpose of public safety and health; and, (2) The proposed lighting plan, luminaire, or installation meets the intent and general characteristics of the underlying Lighting Zone. Section 3: This ordinance 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 4: If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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, passed, and approved this 1st day of August 2023. 14 Resolution #XX, Series of 2023 Outdoor Lighting Code Page 3 of 3 Approved as to form: Approved as to content: ______________________________ __________________________________ Katherine Johnson, Assistant City Attorney Christine Benedetti, Vice Chair Attest: ______________________________ Mike Sear, Deputy City Clerk 15 Page 1 of 17 Section 26.575.150. – Outdoor lighting. 26.575.150.010 – Intent and Purpose. (a) Background. As the global population continues to grow, a larger percentage of people are living in urban environments, leading to expansion and development. In 2007, the global urban population exceeded the global rural population for the first time in history. In North America, 82% of people live in urban areas. One problem associated with population growth and urban sprawl is the use of artificial light at night. This issue was first identified in the 1970s, when astronomers detected a degradation of the night sky. Continued increase in the quantity of high angle and uncontrolled reflected light has diminished the dark sky. For most of the U.S. population, a clear view of the stars is no longer possible. Excessive, poorly designed, or poorly installed lighting at night creates issues that include skyglow, wasted energy, and unsafe or unpleasant conditions. Irresponsible light at night can also be harmful to the ecological health of flora, fauna, and humans. The City of Aspen is not excluded from these impacts. In the City of Aspen, darkness is as much a part of the natural environment as the trees, animals, and mountains. The dark night sky is currently an endangered resource. Unnecessary lighting of natural and semi-natural areas impedes our ability to connect to that natural environment after dark. When we are unable to see the stars, we become estranged from the wildness that makes the City of Aspen such a special place. (b) Purpose. As a global citizen, the City of Aspen believes in the human right to access dark skies and be free from inappropriate lighting distractions at night. When the need for darkness conflicts with the need for light, good lighting design can find a workable balance between safety, aesthetics, human health, and the ecological and environmental impacts. The City of Aspen understands that some exterior lighting is appropriate and necessary for the safety of people at night. What to light, why, and when, will be a cornerstone of this lighting ordinance. Because the effects of light pollution can persist as far as 200 kilometers (120 miles) from the source, local control and regional coordination is encouraged for both dark sky preservation and ecological protection. The following principles are used as a guide for responsible lighting design in the City of Aspen: (1) Useful – All lighting at night should have an intended purpose. (2) Targeted – Light should be directed only where it is needed. (3) Low Light Levels – Light should be no brighter than necessary for the task. (4) Controlled – Lighting should only be used when it is useful. (5) Spectrum – Lighting shall restrict the range of Correlated Color Temperatures (CCTs) used outdoors in order to reduce disruptive, shorter wavelengths while encouraging warm-white light color temperature. (c) Goals. In addition to the principles of responsible lighting design mentioned above, the following goals are intended to guide the City of Aspen’s decision makers regarding artificial exterior light at night: (1) Use American National Standards Institute (ANSI)/ Illuminating Engineering Society (IES) exterior illuminance recommendations to reduce pedestrian accidents and promote the health, safety, and welfare of people; (2) Reduce obtrusive and glaring light that inhibit human vision and detract from enjoyment of the night sky; 16 Page 2 of 17 (3) Curtail light pollution, reduce sky glow metrics, and improve the nighttime environment for residents, visitors, and astronomer enthusiasts; (4) Avoid inappropriate and poorly designed or installed outdoor lighting; (5) Protect local and migrating ecological systems from the adverse effects of artificial light; (6) Prevent light trespass from unnecessarily disturbing people (and their sleep patterns) and from unnecessarily restricting access to nighttime darkness as a natural resource. 26.575.150.020 – Lighting Zone Planning and Designations. (a) Background. Introduced in the late 1990s, lighting zones (LZ) are a municipal planning tool to help reduce light levels, light pollution, wasted energy, and neighborly conflicts arising from excessive or poor use of light at night. LZs can achieve these goals because they leverage the adaptation of human vision in low light levels, enabling lighting solutions based on ambient conditions rather than brightly lit adjacent properties. Knowing what to light, or not light, is an important consideration for the nighttime environment. Having a hierarchy of planned lighting can add context and visual order, improve coherency and understanding of one’s surroundings, and ultimately give a pedestrian the confidence to engage with outdoor space at night. Avoiding visual distractions and glare are also key considerations for improving nighttime vision of residents, pedestrians, and motorists. This ordinance will leverage the following guidance from the ANSI, the IES, and the International Dark Sky Association (IDA): (1) ANSI/IES LP-2 Designing Quality Light for Exterior Environments (2) ANSI/IES RP-43-22 Lighting Exterior Applications (3) ANSI/IES LP-11-20 Environmental Conditions for Outdoor Lighting (4) IDA Model Lighting Ordinance, 2011 (b) Definitions. Officially defined within ANSI/IES LP-11-20 Environmental Conditions for Outdoor Lighting, LZs are briefly defined here: (1) NDZ – Natural Dark Zones (2) LZ0 – No Ambient Light (3) LZ1 – Low Ambient Light (4) LZ2 – Moderate Ambient Light (5) LZ3 – Moderately High Ambient Light (c) Purpose. LZ designations have been adopted by, and are referenced in, major building, energy, and outdoor lighting code standards. They allow for illuminance recommendations regarding what to light and at what intensity based on the expected activities. Assigning these designations within the City of Aspen is essential to reference and use ANSI/IES recommendations for exterior lighting. (d) Goals. LZ designations should not be based on existing conditions, but rather the type of environment the municipality seeks to achieve. (e) Designations. LZs are most effective when they coordinate with, and overlay on, land use zone districts and their associated tasks. LZ designations will cross reference to the land use codes zone districts as follows: (1) Lighting Zone 0 (LZ0): Specific City of Aspen Parks may apply (2) Lighting Zone 1 (LZ1): All Residential Zone Districts – AH, AH-PD, R-3, R-6, R-15, R-15A, R-15B, R-30, RR, R/MF, R/MFA (3) Lighting Zone 2 (LZ2): A, CC, C-1, CL, L, MU, NC, PUB, SCI, SKI, 17 Page 3 of 17 (4) Lighting Zone 3 (LZ3): Only available for Temporary Uses, or Special Review (see 26.575.150.030.d (5) Planned Developments (PDs): PDs with adopted outdoor lighting regulations are not included in a LZ. All PDs without an adopted outdoor lighting regulation are subject to underlying zoning and the related LZ. In all circumstances, if a PD is silent on a particular topic related to outdoor lighting, the provisions of this Title shall apply. For new PDs, lighting requirements should be evaluated with guidance from underlying zoning and the related LZ. (6) City of Aspen Parks, Trails, and Open Spaces: Parks, trails, and open spaces managed by the City of Aspen are distinct use types that have distinct lighting needs based on the location and intensity of the use. City of Aspen parks, trails, and open spaces have diverse underlying zone districts based on the distribution of their locations. In most circumstances City of Aspen parks, trails, and open spaces shall be limited to the standards under NDZ, LZ0, or LZ1 or LZ2. See Section 26.575.150.090 - Parks, Trails, and Open Spaces, for guidance on outdoor lighting characteristics found across City of Aspen parks, trails and open spaces. 26.575.150.030 – Applicability. (a) Applicability: The lighting requirements of this ordinance shall be applicable to all exterior lighting on private property within the City of Aspen. This includes use of light, hours of operation, and mitigation of light trespass. (1) 5-year Legacy Exemption: Existing outdoor lighting fixtures that do not meet the provisions of this ordinance and require light fixture modification or replacement, shall be considered nonconforming for five years from the adoption date of this ordinance. (2) Trespass and curfew are affected immediately upon the passage of this ordinance. (3) After five years, or unless otherwise specified within this ordinance, all outdoor lighting luminaires that do not conform to the requirements of this ordinance must be replaced or retrofitted to meet compliance. The Community Development Director may issue an Administrative Notice of Violation, Violations shall be corrected within ninety (90) days. (b) Compliance by development scenario. (1) Routine Maintenance and one-for-one replacement: In the event an outdoor light fixture is not working or damaged, the repaired or replaced fixture(s) shall conform with the requirements of this ordinance. Proposals fall into this category if they do not require a permit. (2) Renovations and Modifications: a. If a renovation or modification to outdoor lighting requires a permit, and the total lumens of replaced or added fixtures is less than 40% of the total site lumen allowance listed in Table 2: Residential Uses or Table 4: Non-Residential/Commercial Uses, as applicable, only the outdoor lighting fixtures replaced or added in the permit shall need to come into compliance with the requirements of this ordinance. b. If the replaced applicable fixtures are equal to or more than 40% of the total site lumen allowance listed in Table 2: Residential Uses or Table 4: Non-Residential/Commercial Uses, as applicable), the entire property shall meet the requirements of this ordinance. c. Changes that qualify as an International Existing Building Code (IEBC) Alteration Level 3 on an existing development (e.g., square footage, occupant capacity, parking spaces) shall cause the entire property to meet the requirements of this ordinance. Any re- zoning or change of use shall also constitute meeting the requirements of this ordinance. 18 Page 4 of 17 (3) New development and Redevelopment: If new development occurs on a vacant lot or a property is redeveloped, as defined in Sec. 26.104.100 – Definitions, the entire property shall meet the requirements of this ordinance. (c) Exemptions. The following types of lighting installations shall be exempt from the requirements within this ordinance. (1) Lawful. Lighting required by federal, state, county, municipal, or other territorial laws or regulations that conflict with this ordinance will supersede and be exempt. (2) Flags. When possible, lower and remove flags from sunset to sunrise so illumination is not needed. For flags displayed at night, nighttime illumination of the United States of America flag and the Colorado State flag is allowed. Nighttime illumination of other flags is not allowed. Nighttime illumination of flags shall follow the guidelines below: a. For an even distribution of light on the flag surface when fully extended, use either top of pole downward directed light, a maximum of three (3) in-ground uplights, or three (3) shielded spotlights that are surface mounted at grade. To preserve the night sky, the use of top of pole downward directed lights is encouraged. b. In-ground and surface mounted shielded spotlights should be narrow beam (15 degree maximum), no more than 100 lumens per foot of height (e.g., 2,500 lumens per light for a 25-foot-tall flag), with point sources of light not to be visible outside of a 15-foot radius. Surface mounted lights should rotate and tilt and be aimed to hit the flag. (3) Street, Public Trails, and Roadway. Lighting installed within the public right-of-way or an easement that is for the benefit of public safety such as emergency, traffic control, or streetlights is not subject to this ordinance. Lighting installed within the public right-of-way with a purpose of illuminating outside the public right-of-way is not exempt from the requirements of this ordinance. (4) Signage. See Section 26.510 – Signs. (d) Special Circumstances. If a lighting plan, luminaire, or installation is proposed does not meet the requirements of this ordinance, but has a demonstrable community benefit, an exemption may be considered. The applicant shall submit additional information so the benefit to the community can be evaluated, and the lighting may then be approved by the Community Development Director. Should the Community Development Directory deny an application of this nature, an applicant may pursue a Temporary Use review with City Council per 26.450 or a Special Review with Planning & Zoning Commission or the Historic Preservation Commission per 26.430. (1) This process shall apply to outdoor art installations involving lighting. (2) This process may also apply to lighting scenarios not addressed in other sections of this code, such as a clock tower in a public area. 26.575.150.040 - Submittal Process. Unless otherwise required by this title, evaluation of lighting shall be made at building permit review. For example, while Planned Development and Environmentally Sensitive reviews would require a lighting plan during land use review; the majority of projects will involve evaluation lighting at building permit. Lighting plans for new development or renovations must be submitted to the Community Development Department for approval. For all submissions, either method described below is acceptable. Proposals that do not trigger a permit are exempt from submitting lighting plans and shall conform with the requirements of this ordinance. (a) Prescriptive Method: For administrative simplicity, a project may be charted using The City of Aspen Outdoor Lighting Permit Submission Tool containing identification for each luminaire type, quantity, lumen output, BUG rating for luminaires (if available), the total expected site lumens, and a calculated 19 Page 5 of 17 total site lumens compared to the total site lumen allowance listed in Table 2: Residential Uses or Table 4: Non-Residential/Commercial Uses. (1) A sub-total is required for the total lumens coming from partially shielded light (e.g. tree, landscape, sculpture, and some wall or façade light) allowed in Table 2, Total Site Lumens Allowed: Residential Uses or Table 4, Non-Residential/Commercial Uses, as applicable. The total lumens coming from partially shielded lights cannot exceed 20% of the allowable lumens. (2) Supporting data sheets for exact luminaires (model numbers), light distribution plots, fixture BUG ratings, luminaire locations, mounting heights, and aiming directions should be included to the extent necessary to show compliance with requirements. (b) Performance Method: For larger and more complex projects, an outdoor lighting design can be analyzed using industry standard lighting software. This outdoor lighting plan shall include: (1) A compliance statement signed and stamped by either an architect or engineer licensed in the State of Colorado verifying that the outdoor lighting plan meets the requirements of the ordinance. (2) Luminaire locations, mounting heights, aiming directions, IES photometric data, buildings, and other physical objects within the site. (3) The average illuminance (in footcandles or lux) for any one task should not exceed ANSI/IES standards for the applicable lighting zone, including but not limited to: • Façade, building entrance, porte cochere, softscape, perimeter barriers. • Walking paths adjacent to architecture, hardscape, exits, landscape, waterfront, stairs, and ramps. • Patios, outdoor dining, decks, terraces, pools, and pool decks. a. The analysis shall utilize an enclosure comprised of calculation planes with zero reflectance values around the perimeter of the site including a top plane no less than 33 feet (10 meters) above the tallest luminaire. The illuminance on the calculation planes must not exceed the limits of light trespass defined within this ordinance. b. Prior to Certificate of Occupancy, the applicant shall submit one of the following: i. An As-Built compliance statement signed and stamped by either an architect or engineer licensed in the State of Colorado verifying that the outdoor lighting plan meets the requirements of this ordinance. ii. An As-Built plan signed and stamped by either an architect or engineer licensed in the State of Colorado verifying that the outdoor lighting plan meets the requirements of this ordinance. (c) Review: Site lighting plans shall be subject to review and approval by City of Aspen Community Development. Site lighting plans submitted as a part of a building permit application shall be reviewed administratively by the Community Development Director. The Director shall have the authority to refer an application to the Planning and Zoning Commission or the Historic Preservation Commission if deemed appropriate per Special Review, 26.430. (d) Appeals: An appeal made by an applicant aggrieved by a decision made by the Community Development Director regarding administration of this Chapter may appeal such decision to the City Council, pursuant to Chapter 26.316, Appeals. Other administrative remedy may be available pursuant to C.R.S. § 31-23- 209. (e) Future Amendments to Section 26.575 – Outdoor Lighting: All future amendments of a technical nature to this Chapter shall be exempt from the requirement of Policy Resolution for code amendments (Section 26.310.020(b)(1), (2)). Future amendments may proceed directly to a First and Second Reading, pursuant 20 Page 6 of 17 to Section 26.310.020(b)(3). Necessary amendments that raise policy questions shall follow the normal procedures for Land Use Code amendments per 26.310. 26.575.150.050 – Light Trespass. (a) Background. Light trespass refers to measurable light extending beyond the boundary of its intended usage area. This causes annoyance, loss of privacy, or other nuisances. In the City of Aspen, light trespass can be a major source of frustration between neighbors. Often light trespass is referring to outdoor lighting, but light spilling outdoors through windows or other translucent surfaces in a façade also contributes to light trespass. (b) Requirements. All outdoor light sources in the City of Aspen shall be located and optically cutoff such that the point light source shall not be visible from adjacent property or public right of way during hours of curfew defined in Section 26.575.150.040(d). Additionally, interior point light sources shall not be visible from the property line during hours of curfew. Unless permitted otherwise by the City of Aspen, the total maximum illumination of interior and exterior light sources at any point along the property line shall not exceed the requirements listed in Table 1. Meeting these requirements will likely require mounting locations 2.5 times the luminaire height away from any property lines. Additional distance or shielding will likely be required for lighting installed along ridgelines or hillsides. Methods encouraged for interior and exterior light sources to meet these light trespass limits may include shielding, dimming, timers, and window shades. Table 1: Property Line Vertical Light Trespass: Illuminance Limits. Measured in footcandles or lux. (c) Measurements. To measure vertical light trespass for any property in Aspen, a light meter shall be placed at 5-feet above grade and aimed perpendicular to the property line, pointed towards the light source. Multiple readings shall be taken to ensure compliance around the property line. Any location a measurement is taken along the property line shall meet the criteria in Table 1. (1) When bordering with public streets, trails, walkways, bikeways, plazas, and parking lots, the property line can be considered five feet beyond the actual property line. (d) Enforcement Hours. The Community Development Department may take light trespass readings within the following hours and enforce upon any light that exceeds the levels outlined in Table 1 above: (1) Hours of enforceable light trespass for all City of Aspen private property lighting shall be the following: a. Residential Uses: Curfew hours shall be 10pm to 7am b. Non-Residential Uses: Curfew hours of 10pm to 7am shall apply to all businesses unless their normal operating hours end or begin within the hours of curfew. If so, the curfew applies until either one hour after closing or one hour before opening. For example, if a business closes at 11pm, the curfew for that business shall be 12am to 7am. If a business opens at 6am, the curfew for that business shall be 10pm to 5am. Property Line Vertical Light Trespass: Illuminance Limits LZ0 LZ1 LZ2 LZ3 Footcandles (fc) 0.05 0.1 0.3 0.8 Lux (lx) 0.5 1 3 8 21 Page 7 of 17 26.575.150.060 – Requirements for All Outdoor Lighting. (a) Conformance. All outdoor lighting shall meet the requirements of this ordinance, applicable electrical and energy codes, and applicable sections of the building code. (b) Responsible Design Criteria. (1) Correlated Color Temperature (CCT). In an effort to minimize potentially disruptive and/or harmful spectrum at night, all exterior lighting subject to this ordinance shall have a standard CCT of 2700K up to a maximum of 3000K. A CCT of 2200K or lower is allowed for non- commercial uses provided the Color Rendering Index (CRI) is greater than 65. (2) Direct Uplight. Unless otherwise allowed in Tables 3 and 5, all light sources shall be fully shielded or partially shielded. Luminaires that have a U0 rating (produce zero uplight per IES TM-15) are encouraged, but they are not required. All luminaires must be constructed in such a manner that all light emitted, either directly from the light source, through a diffusing element, or indirectly by reflection or refraction from any part of the luminaire is being projected no higher than the horizontal plane. Figure 1 (above): Unshielded, Partially Shielded, and Fully Shielded Light Emittance (3) Poles. a. Bollard, pathway, or post-top lighting taller than 42 inches from finished grade is prohibited within residential zones. b. Pole mounted lighting within multi-family common areas or any parking lot adjacent to a residential use are allowed up to 12 feet from finished grade. This allowance shall not exceed light trespass limits. c. Pole mounted lighting for non-residential parking lots is allowed up to 20 feet tall from finished grade, provided it is not directly adjacent to a residential property. This allowance shall not exceed light trespass limits. (c) Prohibitions. The following types of exterior lighting sources, luminaires and installations, and those interior lighting sources, luminaires, and installations that can be seen directly from the exterior by the public or are causing light trespass or direct glare into any public right-of-way or property, shall be prohibited in the City of Aspen. (1) Non-shielded and partially shielded light fixtures unless identified as in Tables 3 and 5. (2) Mercury vapor lighting. 22 Page 8 of 17 (3) Inefficient lamps or LED luminaires (those with an efficacy of less than 45 lumens per watt) shall be prohibited for outdoor use. (4) Blinking, flashing, moving, revolving, scintillating, flickering, changing intensity and changing color lights. This prohibition does not apply to Section 26.575.150.110(e) - Seasonal Lighting. (5) Neon lighting and LED strips simulating the appearance of neon are both prohibited. This includes its usage for the outlining of buildings and for signage. (6) Window displays? (7) Non-shielded floodlights are prohibited. Fully shielded floodlights are limited to 1,260 lumens maximum (120-watt floodlight). (8) Lighting directed towards the Roaring Fork River, Maroon Creek, Castle Creek, Hallam Lake, or any other waterway is prohibited, as the lighting of natural waters at night can damage freshwater ecosystems and reduce their biodiversity. See Chapter 26.425 – Development in Environmentally Sensitive Areas (ESA). (9) No outdoor lighting may be used in any manner that could interfere with the safe movement of motor vehicles on public thoroughfares. The following is prohibited: a. Any permanent light source not intended for roadway illumination that still produces direct light or glare onto a roadway that could be disturbing to the operator of a motor vehicle (e.g., pedestrian architectural lighting, landscape lighting). b. Any light that may be confused with or construed as a traffic control device except as authorized by State, Federal or City government. (10) Aerial lasers, beacons, and searchlights are prohibited except for emergency use. 26.575.150.070 – Residential Lighting. (a) Background. Lighting in residential areas provides for safe navigation to and from residences at night, visual character, and the ability to enjoy outdoor spaces in hours of darkness. Functional lighting of facades, landscaping, and peripheral boundaries of a residential property allows residents and guests to stay oriented within a space, which fosters an improved sense of safety and wellbeing. Decorative or excessive lighting of facades, landscaping and peripheral boundaries of a residential property contributes to light pollution and degradation of dark sky and natural darkness goals. Any points of ingress or egress can also benefit from quality lighting for both wayfinding and threat detection. Vertical illuminance plays a critical role in addressing this need, allowing movement in silhouette or shadow to be easily detectable. Effective lighting for these needs should be unobtrusive, avoid creating glare, and avoid excessive light which can harm the health of people, wildlife, and landscaping. For this reason, maximum limits on lumens per site, see Table 2, and light trespass limits apply to all residential properties in the City of Aspen. (b) Light Output. The upper lumen limits listed below should not be the design goal. The design goal should be to use the minimum light levels that meet the requirements of the task. The total allowable site lumens for a residential property are limited to: Total Site Lumen Allowance: Residential Uses Gross Lot Area Square Feet (sf) LZ1 LZ2 SFR/ Duplex Multi- Family SFR/ Duplex Multi-Family 23 Page 9 of 17 50,000 sf+ 20,000 20,000 20,000 20,000 30,000 sf 13,500 13,500 13,500 13,500 15,000 sf 7,500 7,500 7,500 7,500 9,000 sf 5,000 5,000 5,000 5,000 6,000 sf 4,000 4,000 4,500 4,500 4,500 sf 3,350 3,350 3,700 3,700 < 3,000 sf 2,700 2,700 3,000 3,000 Table 2 – Total Site Lumens Allowed: Residential Uses. Measured in lumens. (c) Additional Allowances. The following additional lumen allowances apply only to residential properties with the following: 1) For multi-family units in a mixed use development, each unit shall be allotted 1,000 lumens per unit above allowances provided in Table 4. Additional lumens are non-tradable. 2) On single-family/duplex residential lots larger than one acre with more than one dwelling unit, an additional 3,000 lumens for each additional dwelling unit is allowed. Additional lumens are non-tradable. 3) An additional 300 lumens per parking lot space is allowed for multi-family developments. Additional lumens are non-tradable. (d) Light for Orientation and Reassurance. Vertical illuminance plays a critical role in allowing people to perceive the spatial perimeter and major obstacles in an area, as well as detect movement. This allows people to feel more confident navigating a space and allows for threat detection at night, especially in lower-activity residential areas. The design standards for this kind of lighting are detailed below. 1) Trees, Gardens, and Landscape Lighting. a. Tree and landscape lighting is only allowed within 25 feet of finished grade. b. Tree and landscape lighting are subject to curfew hours and must be turned off between the hours of 10pm and 7am. 2) Walls, Stairs, Fences, and Perimeter Barriers. a. Perimeter fence lighting is prohibited within residential zones for residential use. b. Illumination of site and retaining walls shorter than six (6) feet from finished grade and directly beneath them is allowed within common areas of multi-family developments and shall meet all the other requirements of this ordinance. (e) Partially Shielded and Unshielded luminaires are permissible for these uses only if the light distribution is limited to the targeted element (e.g., façade, sculpture, shrub), and if the total amount of light does not exceed 20% of the total site lumen allowance or the individual luminaire limits listed below. Maximum Unshielded and Partially Shielded Luminaire Lumens Luminaire Type LZ1 LZ2 LZ3 Low Voltage Luminaire 205 430 430 In-grade Uplight 455 910 910 Shielded Directional Floodlight 630 1,260 1,260 24 Page 10 of 17 Table 3 – Maximum Unshielded and Partially Shielded Luminaire Lumens. Measured in lumens. (f) Light for Wayfinding, Pathways, and Stairs. Changes in grade or terrain are more hazardous when visibility is poor. Stairways, curbs, raised pavement, potholes, and slippery surfaces are all examples of possible trip and fall hazards that can require lighting at night to navigate to or from a residence safely. The design standards for this type of lighting are detailed below: 1) Driveway and Parking. Driveway and parking lot lighting for single-family, duplex, triplex, and four-plex residential uses shall be fully shielded. Lighting shall be included in total allowable lumens and meet Table 3 luminaire limit requirements. Luminaires shall be mounted no higher than 42 inches above finished grade. 2) Address Markers. Are not exempt from lumen allowance. 3) Entrances and Porte Cocheres. Porte cochere and covered porch lighting is allowed. Luminaires shall be aimed downward and installed such that the bottom of the luminaire or lens, whichever is lower, is recessed or fully shielded and not producing any light into the night sky. All light emitted by an under-canopy luminaire shall be substantially confined to the posts, façades, and ground surface directly beneath the perimeter of the canopy. 4) Pathways, Exterior Stairs, and Steps. Luminaires in these applications shall be no taller than 42 inches from finished grade. (g) Light for Atmosphere and Enjoyment. 1) Artificial lighting used to illuminate patios, above grade decks, balconies, or gazebos must be fully shielded with the point light source not visible beyond the property line. 2) Art, monuments, and fountain features may be illuminated if they are within 10 horizontal feet of the residential structure. Lighting must be turned off between the hours of 10pm to 7am per Section 26.575.150.050(d). 3) Outdoor televisions may be allowed so long as the screen is directed inwards and is not visible from any property line. Television screens mounted outdoors shall be turned off during the hours of curfew defined in Section 26.575.150.050(d). For the use of television screens as signage please refer to Section 26.510 – Signs. 4) . 26.575.150.080 - Non-Residential Lighting. (a) Background. Lighting in non-residential areas provides for safe navigation to and from businesses and activities at night, adds visual character, and allows for shopping and recreation in hours of darkness. Lighting facades, landscaping, and peripheral boundaries of non-residential spaces allows residents and visitors to the City of Aspen to stay oriented within a space, fostering an improved sense of safety and wellbeing. Any points of ingress or egress for non-residential spaces can also benefit from quality lighting for both wayfinding and threat detection. Vertical illuminance plays a critical role in addressing this need, allowing movement in silhouette or shadow to be easily detectable. It also helps to define spatial boundaries in busier non-residential areas and avoid conflicts between users. Effective lighting for these needs should be unobtrusive, avoid creating glare, and avoid excessive light which can harm the night sky and the health of people and landscaping. For this reason, maximum limits on lumens per site and light trespass limits apply to all non-residential properties in the City of Aspen. Additional guidelines are as follows: (b) Light Output. The upper lumen limits listed below should not be the design goal. The design goal should be to use the minimum light levels that meet the requirements of the task. The total Partially Shielded Decorative 900 1,125 1,600 25 Page 11 of 17 allowable site lumens for non-residential property are based on the square footage of the facade and other elements of the developed structure, landscape buffer, and hardscape. A site shall calculate a maximum site lumen allowance by choosing a maximum of four (4) of the lighting types as identified in Table 4. Individual site lumen limits by lighting type are as follows: Site Lumen Allowances: Non-Residential/Commercial Uses Lighting Requirement. A maximum of four allowances are permitted per site. Unit LZ1 LZ2 LZ3 Building Entrance(s): This allowance is per door. To use this allowance, luminaires must be within 20 feet of the door. each 500 1,000 1,500 Building Facades: This allowance is lumens per unit area of building facade that are illuminated. To use this allowance, luminaires must be aimed at the facade and capable of illuminating it without obstruction. square foot of facade 8 16 24 Nighttime Service Loading: This allowance is per door. To use this allowance, luminaires must be within 20 feet of the door. each 2,000 4,000 6,000 Outdoor At-grade Parking Lot: This allowance is per parking space. To use this allowance, luminaires must be within a maximum height of 20 feet from the grade of the parking space(s). space 400 600 800 Gas Station Canopy**: This allowance is lumens per installed fuel pump. Each side of a two-sided pump qualifies for an allowance. pump 4,000 8,000 10,000 Outdoor dining: This allowance is lumen per unit area for the total illuminated hardscape of outdoor dining. To use this allowance, luminaires must be within 6 feet 0.5 mounting heights of the hardscape area of outdoor dining. square foot of outdoor dining area 1 5 10 Table 1 – Site Lumen Allowances: Non-Residential/Commercial Uses. Measured in lumens. **Measured illuminance shall not exceed fifty (50) footcandles horizontal on average, measured at grade, under the canopy. (c) Light for Orientation and Reassurance. Vertical illuminance plays a critical role in allowing people to perceive the spatial perimeter and major obstacles in an area, as well as detect movement. This allows people to feel more confident navigating busier non-residential areas and allows for threat detection at night. The design standards for this kind of lighting are detailed below. (1) Façade Lighting. a. The point light source must not be visible from adjacent properties or create glare in the right-of-way. b. Façade lighting for a mixed-use property is shall not be installed above floors with residential dwelling units. c. Display window lighting is allowed when it complies with the restrictions in place for point sources light trespass, and Section 26.510.090. (2) Trees, Gardens, and Landscape Lighting. 26 Page 12 of 17 a. Tree and landscape lighting must be turned off between the hours of 10pm to 7am per Section 26.575.150.050.d. (3) Walls, Stairs, Fences, and Perimeter Barrier. a. Illumination of site/retaining walls shorter than six feet from finished grade and directly beneath them is allowed within non-residential common areas, provided they are washed using approved façade or landscape lighting techniques and meet all the other requirements of this ordinance. (d) Partially shielded and Unsheilded luminaries for these applications are permissible if the light distribution is effectively contained by the targeted element (e.g., façade, sculpture, shrub), and if the total amount of light does not exceed 20% of the total site lumen allowance or the individual luminaire limits listed below. Table 2 – Maximum Unshielded and Partially Shielded Luminaire Lumens Per Fixture. Measured in lumens. (d) Light for Wayfinding and Pathways. Changes in grade or terrain are more hazardous when visibility is poor. Stairways, curbs, raised pavement, potholes, and slippery surfaces are all examples of possible trip and fall hazards that can require lighting at night to navigate around safely in a non-residential area. The design standards for this kind of lighting are detailed below. (1) Driveway and Parking. Outdoor lighting used to illuminate parking spaces, driveways, or maneuvering areas shall be fully shielded and be designed, arranged, and shielded so that the point light source is not be visible from adjoining property lines or rights-of-way. (2) Entrances and Porte Cocheres. Porte cochere and covered porch lighting is allowed. Luminaires shall be aimed downward and installed such that the bottom of the luminaire or lens, whichever is lower, is recessed or fully shielded and not producing any light above horizontal. All light emitted by an under-canopy luminaire shall be substantially confined to the posts, façades, and ground surface directly beneath the perimeter of the canopy. (3) Pathways, Exterior Stairs, and Steps. Light luminaires in these applications shall be no taller than forty-two (42) inches from finished grade and fully shielded. (e) Light for Atmosphere and Enjoyment. (1) Artificial lighting used to illuminate patios, above grade decks, balconies, or gazebos must be fully shielded with the point light source not visible beyond the property line. (2) Art, monuments, and fountain features may be illuminated if they are within 10 horizontal feet of the residential structure. Lighting must be turned off between the hours of 10pm to 7am per Section 26.575.150.050(d). (3) Outdoor televisions may be allowed so long as the screen is directed inwards and is not visible from any property line. Television screens mounted outdoors shall be turned off during the Maximum Unshielded and Partially Shielded Luminaire Lumens Per Fixture Luminaire Type LZ1 LZ2 LZ3 Low Voltage Luminaire 205 430 430 In-grade Uplight 455 910 910 Shielded Directional Floodlight 630 1,260 1,260 Partially Shielded Decorative 900 1,125 1,600 27 Page 13 of 17 hours of curfew defined in Section 26.575.150.050(d). For the use of television screens as signage please refer to Section 26.510 – Signs. 26.575.150.090 - Parks, Trails, and Open Space Lighting. The following designations are informed by best practices and the National Park System regulations (?) and give guidance to the City of Aspen Park’s Department in determining appropriate outdoor lighting across the City of Aspen Park system. In no circumstance shall an individual luminaire located within a park, trail or open space exceed limitations as defined in this Title. (a) Open Areas. No outdoor lighting is required within undeveloped backcountry, natural wilderness areas, or areas concerned with migration and habitat for birds and animals, or the preservation of dark sky. This use should be designated as a NDZ (Natural Dark Zone) on the lighting zone overlay. This restriction exists for environmental protection and conservation for both public and private land. (b) Rural Parks. Very little outdoor lighting is required for rural park amenities and terrain safety during nighttime hours of operation. Elements such as restroom entrances, visitor centers, maintenance facilities, signage, and curbs, stairs, or other hazardous changes in grade may need illumination. Illuminance criteria for these applications should follow general requirements regarding, CCT, uplight, and light trespass within this ordinance, and ANSI/IES illuminance guidance for tasks within LZ0. (c) Suburban and Urban Parks. Varied in size, and situated amongst mixed use and non-residential zone districts, suburban and urban park users at night have expectations of outdoor lighting. Elements such as signage, restroom entrances, amenity, stages, landscape, artistic features, and curbs, stairs, or other hazardous changes in grade may need illumination. Illuminance criteria for these applications should follow general requirements regarding, CCT, uplight, and light trespass within this ordinance, and ANSI/IES illuminance guidance for tasks within LZ1 or LZ2. Suburban and urban parks require just enough light for the tasks required, including transitional light levels from adjacent properties to foster pedestrian reassurance. Recreational Parks. These areas have special requirements for lighting at night to find a balance between the safety of users and protection of the environment. (1) Sport and Recreation Areas. Lighting for sport and recreational areas that do not need to obtain a Special Event Permit shall confine any illumination to the field, bleacher, track, or recreational area. Such lighting may sometimes need to exceed lighting zone illumination standards to meet requirements for play and safety per ANSI/IES RP-6 rules for amateur and recreational levels of play. (2) Light trespass limits apply. Shielding and internal louvers will likely be required to prevent light trespass (3) Subject to curfew. Lighting shall be extinguished no later than one (1) hour after any scheduled event ends. 26.575.150.100 - Special Use. (a) Security. Lights emitting infrared radiation used for security surveillance systems shall be permitted if they are fully shielded and aimed no higher than 70 degrees from below the horizon. Special Review by the Planning and Zoning Commission may allow lighting of a greater intensity if the proposed security surveillance system meets the following criteria: (1) Multi-Family, Mixed Use, and Commercial common areas with increased density and activity may require increased illumination at primary points of entrances or exits. Light intensity shall not exceed five (5) foot-candles average at grade. 28 Page 14 of 17 (2) Shielded floodlights controlled by a motion sensor must be limited to motion within the owner's property lines and turned off no more than five (5) minutes after such motion was detected. (3) Security lighting must be properly installed/commissioned so it shall not be oversensitive to surroundings and be triggered repeatedly in an unreasonable or disruptive manner by naturally occurring causes (such as wind in foliage). (b) Lights located at Historic Landmark Sites or within the Historic Districts. Luminaires that have a specific purpose for the illuminance of their historic area and are consistent with the time period and character of their historic structure may be exempt from the shielding, uplight, and light trespass requirements upon request and subsequent approval from the Historic Preservation Officer or Historic Preservation Commission (HPC). All lighting related to historic properties or located in a historic district shall be otherwise consistent with all other performance standards laid out in this ordinance. (1) For historically designated properties, HPC may vary lighting types as appropriate to the building but may not increase the total site lumen amount for the property. (2) Historic luminaires that have been previously approved for use in the City of Aspen by the HPC but do not meet the general lighting or light trespass criteria of this ordinance shall be limited to 1,000 delivered lumens per luminaire and 10,000 lumens per acre. (3) If new site lighting is needed to meet pedestrian safety requirements (e.g., stairs and egress), or an architectural or historical feature requires greater illumination, modern lighting techniques should not compete with the historic character of the property or convey a false sense of history (e.g., faux historic lights). (4) Luminaire design elements, such as shades with translucent, perforated patterns, and diffusers, may be exempted from the fully shielded requirement provided they are less than 1,000 lumens and otherwise consistent with the provisions within this code and meet all other requirements of this ordinance and demonstrate a benefit for the community. 26.575.150.110 - Miscellaneous Lighting Types. (a) Temporary Use. (1) See Chapter 26.450 - Temporary and Seasonal Uses. (b) Special Review (1) See Chapter 26.430 – Special Review. (c) Special Events. (1) See Chapter 14.20 - Special Event. (d) Construction. (1) See Title 29, Engineering Design Standards. (e) Pool Lighting. (1) When approved by permit, underwater pool, spa, and pool deck lighting is allowed. Such lighting shall not exceed the minimum level needed to meet City of Aspen adopted building code. This lighting is not part of the total site lumen limit. (f) Seasonal Lighting. Seasonal lighting of a temporary nature is allowed between (November ## and March ##?). Seasonal lighting must not create dangerous glare on adjacent streets or properties, must be maintained in an attractive condition, and must not constitute a fire hazard. Multicolored lighting is acceptable. When seasonal lighting is white, it shall not exceed a CCT of 4000K. 29 Page 15 of 17 (1) When seasonal lighting occurs directly adjacent to (within 10 horizontal feet) an within the Hallam Lake Bluff or Stream Margin Environmentally Sensitive Area (ESA), it shall be subject to additional restrictions. a. Seasonal lighting involving an ESA is not exempt from the City’s curfew. Lighting must be turned off between the hours of 10 pm and 7am per 26.575.150.050.d b. All of a site’s seasonal lighting must remain within the relevant site lumen limit allowances shown in Table 2 or Table 4. (2) Seasonal lighting is not allowed within the Hallam Lake Bluff or Stream Margin Environmentally Sensitive Areas (ESA). When seasonal lighting is located outside these ESAs, the following curfews apply a. Residential: 10pm to 7pm. b. Non-Residential: Curfew hours of 10pm to 7am shall apply to all businesses unless their normal operating hours end or begin within the hours of curfew, if so, the curfew applies until either one hour after closing or one hour before opening. (3) Seasonal lighting requirements apply to all Planned Developments unless otherwise stated in the Planned Development approvals. (g) Festoon Lighting. Also known as bistro or ping-pong lighting. Allowable for outdoor installation when it isfully shielded or partially shielded and non-frosted appearance. This lighting must not create dangerous glare on adjacent streets or properties, must be maintained in an attractive condition, and must not constitute a fire hazard. This is not seasonal lighting and is not intended to allow the use of other types of seasonal lighting year-round. (1) Festoon lighting is acceptable for installation over patios, decks, pedestrian plazas, outdoor dining, and other pedestrian walkways where permanent, decorative lighting would be beneficial. (2) Festoon lighting may not be higher than 12-feet from finished grade in any circumstance. (3) Festoon lighting shall not be used to wrap trees or define architectural features. (4) Festoon lighting is subject to the curfew requirements. a. Residential Uses: Curfew hours shall be 10pm to 7am b. Non-residential Uses: Curfew hours of 10pm to 7am shall apply to all businesses unless their normal operating hours end or begin within the hours of curfew, if so, the curfew applies until either one hour after closing or one hour before opening. (5) Festoon lighting requirements apply to all Planned Developments unless standards were otherwise stated in the planned development approvals. 26.575.150.120 - Enforcement and Penalty. (a) Enforcement and Penalty: Any lighting that does not meet the provisions of this ordinance will be considered a violation. Any alleged violation of this ordinance will be investigated, enforced, and penalized as allowed in Sec. 2.02.120. - Uniform enforcement of City regulations of the Aspen Municipal Code. 26.575.150.130 – Definitions. As used in this Code, unless the context otherwise requires, the following terms shall be defined as follows: (1) BUG (Backlight, Uplight, Glare) ratings: The IES TM-15 luminaire classification system describing the amount and location of light being emitted from a luminaire. 30 Page 16 of 17 (2) Color Rendering Index (CRI): A quantitative measure, on a scale of 0 to 100, of artificial light’s ability to render an object’s natural color, with 100 being a good match for natural light. (3) Correlated Color Temperature (CCT): Measured in degrees Kelvin (K). A specification for the color appearance of the light emitted by a lamp. (4) Efficacy: Measured in lumens per watt (lm/w), luminous efficacy is a measure of how well a light source produces visible light for the amount of energy consumed. (5) Facade: The square footage of a structure’s vertical and horizontal dimensions as viewed in the elevation view. Also referred to as the “vertical surface area”. (6) Festoon lighting: Also referred to as market lighting, bistro lighting, or ping-pong lighting. String lighting intended for permanent installation and year-round use. Not to be confused with Seasonal Lighting. All festoon lighting must be fully or partially shielded. (7) Footcandles: A unit of illumination equal to one (1) lumen per square foot. (8) Fully shielded luminaire: A fully shielded light fixture has a solid barrier (cap) at the top of the fixture in which the lamp (bulb) is located. The fixture is angled so the lamp is not visible below the barrier (no light visible below the horizontal angle). Examples of fully shielded luminaires: (9) Glare: The visual sensation created by luminance (or brightness) that is significantly higher than the surrounding luminance that the eyes are adapted to, causing annoyance (discomfort glare) or loss in visual performance and visibility (disability glare). (10) Holiday lighting: See ‘Seasonal Lighting’ (11) Illuminance: Measured in Footcandles (Fc) or lux. The density of light falling onto a surface. Commonly measured in the horizontal and vertical planes. (12) Light pollution: Stray and uncontrolled light, directly from a luminaire or reflected from a surface, which missed its target. A common example is light being emitted upwards, increasing skyglow. (13) Light trespass: Measurable light extending past the property line without permission, causing annoyance, loss of privacy, or other nuisances. Often measured in footcandles. For the purposes of this chapter, light trespass shall be referred to as Vertical Light Trespass’. (14) Lumen: The measure of visible light (luminous flux) emitted from a light source. 31 Page 17 of 17 (15) Luminaire: Used interchangeably for fixture. A complete electric light unit including light source, housing, optics, and driver. (16) Luminaire height: Height of the luminaire shall be the measured vertical distance from finished grade or from the most adjacent walking surface below the luminaire up to the centerline of the luminaire. (17) Lux: A unit used to measure illuminance. One lux is equal to one lumen per square meter (lm/m2). (18) Non-shielded or unshielded luminaire: Luminaires with no shielding that would otherwise specifically prevent light emission above the horizontal. These luminaires are prohibited except where specifically allowed in Table’s 3 and 5. Frosted glass in a luminaire does not constitute shielding. (19) Obtrusive light: Any light that is discerned from beyond the intended target area, and which by its nature or presence is disturbing to individuals, harmful to the environment, or contributes to skyglow. (20) Partially shielded luminaire: Luminaire with opaque top and translucent or perforated sides, designed to emit most light downwards. These luminaires are discouraged. Guidance for their use is provided in Table’s 3 and 5. (21) Point light source: The exact place from which illumination is produced from a luminaire (e.g. a light bulb filament or LED package) even when located behind a clear lens. (22) Seasonal lighting: String lighting meant for temporary use and displayed on buildings or landscaping. May be white or multicolored in appearance. (23) Security lighting: Security lighting is intended to provide bright illumination during emergency situations. This lighting should not be used continuously as a general deterrent during hours of darkness. (24) Shielded directional floodlight or spotlight: A luminaire that includes an adjustable mounting device allowing aiming in any direction and contains a shield, louver, or baffle to reduce direct view of lamp. (25) Vertical illuminance: The density of light falling onto a vertical surface. 32 ASPEN COMMUNITY & STAKEHOLDER MEMO JUNE 14, 2022 33 June 14, 2022 Aspen Community & Stakeholder Engagement Memo INTRODUCTION Clanton & Associates (C&A), an award-winning lighting design and engineering firm based in Colorado, was hired by the city of Aspen to evaluate and update the existing outdoor lighting ordinance, section 26.575.150. Based on HID lamp technology, the current lighting ordinance was written prior to the emergence of LED technology, so obsolescence and gaps are expected to be found within. For example, references of wattage are now a misleading indicator for light output due to the advent of newer, more efficient, LED technology. It is anticipated additional advancements regarding controls, the distribution of light, and the environmental impact(s) of light at night can be considered. The project team from C&A visited Aspen April 18-20, 2022 to evaluate nighttime lighting conditions, conduct public outreach and engagement surveys, and host a stakeholder visioning session to develop guidance for next steps. The C&A project team in attendance were: Brittany Lynch (Senior Designer and Project Manager), Dane Sanders (President), Debbie Melton (Lighting Designer), Josie Proulx (Lighting Designer), and Rick Utting (Brand Ambassador). In attendance from Aspen were: Robert Sardo (Lighting Design), Natalie Lopez (Historic Preservation), Emily Gordon (Lighting Design), Beth Felds (Architect), Aaron Humphrey (Lighting Design), Jane (Architect), Michelle (Past Planner), Mike Tunde (Landscape Architect), Sandra Dubler (Special Events), Amy Simon (City Planner). 34 June 14, 2022 Aspen Community & Stakeholder Engagement Memo An evaluation of Aspen’s current lighting conditions and a subsequent stakeholder survey were conducted during the April 18-20, 2022 visit. Results are documented in the separate “Evaluation of Existing Conditions Memo”. Additional observations and stakeholder comments include: • Current holiday lighting installations are violating the allowed ordinance timeframe • The difference between holiday lighting and some hospitality lighting is not clear • Some Aspen residents believe more light will reduce the risk of people/bear encounters • Over-lit is just as offensive as under-lit within the commercial downtown district • Is it possible to address commercial downtown lighting without addressing the street lighting CURRENT STATE As evaluated by environmental expert Travis Longcore, Aspen is located in a region where many areas are relatively free from ecological and astronomical light pollution. However, the annual composite of Zenith sky brightness for Aspen increased in 2021. In fact, many areas within Aspen, like the intersection of Main Street and Hunter (the Police Station), have increased in sky brightness since their low point in 2017, see Figure 1. Figure 1: Graph showing radiance data Figure 2 shows the overall light pollution in the areas surrounding Aspen. It demonstrates that the city is surrounded by darkness with dispersed pockets of brightness, which relate to the nearby highways. The city appears relatively dark when compared to the light pollution along the I-25 corridor from the Denver-metro area to Colorado Springs. Figure 3 is a close up showing the lighting pollution in Aspen and local surrounding areas. The concentrated light pollution is within the city limits of Aspen and around the airport district. The light pollution drops dramatically due to the rural nature of the surrounding context. 35 June 14, 2022 Aspen Community & Stakeholder Engagement Memo Image 3: Localized view of Aspen showing a range of mid-level light pollution Figure 2: Overall light pollution in areas surrounding Aspen CURRENT STATE 36 June 14, 2022 Aspen Community & Stakeholder Engagement Memo Attendess voted 74/26 balance favoring risk, an innovative and progressive approach. Attendees believe Aspen should address outdoor lighting conflicts rather than ignore them. It is understood outdoor lighting can create beauty, atmosphere, mood, danger, and conflict. Hence, lighting design itself is inherently risky. There is a strong belief that if designers are given an ordinance with current best practice boundaries to work within, innovative and autonomous solutions can be implemented within a harmonious context. Already considerate of both the natural and built environments, Aspen wishes to continue finding balance when making outdoor lighting decisions. Overall, current stakeholders rank this as a 56/44 balance favoring the natural environment. The overall balance is derived from an increased emphasis on the natural environment in residential areas and more equal balance in the downtown commercial district. One cited intent of the existing ordinance is to eliminate the escalation of nighttime light pollution, this goal should probably remain. New considerations can include the evaluation of key migration patterns to prevent premature death of pollinating insect, birds, and animals. VISIONING RESULTS An Aspen “Visioning Session” was conducted on April 20, 2022 to discuss, debate, and weigh the values of city officials, stakeholders and other influential forces. At the visioning session, attendees requested the 2022 Aspen lighting ordinance include clear explanations of illumination intent along with understandable metrics so city officials can support enforcement of the ordinance and make judgment decisions regarding new and special requests in the years to come. Results of the visioning session are as follows: Natural and Built Environment Certainty and Risk Coordinated and Autonomous With a 57/43 balance favoring autonomous solutions, Aspen’s goal is not to make everything look the same, “flattening out the fun”. Rather, Aspen believes it’s possible to light within a range of acceptable solutions to avoid the appearance of pieced together patchwork. Identified as a current gap, stakeholders suggest the downtown hospitality area lacks an understanding of character districts. 37 June 14, 2022 Aspen Community & Stakeholder Engagement Memo City officials and stakeholders eloquently described Aspen and being uniquely Aspen, a modest mountain town with small city character, and a desire to keep it that way. There is pride in the people who live here, and a willingness to give visitors the true Aspen experience. Looking forward, planners value a subtle design vocabulary 84/16 over something that is too expressive. Also of value are Aspen’s uniqueness 62/38, and timeless elements 57/43 versus universal, and contemporary design respectively. There was wide consensus amongst stakeholders that Aspen visitors come from around the world and are generally very sophisticated. While it’s fair to think big and be inspired by distant influences, remaining true to Aspen and adjacent influences was preferred by a 54/46 balance. Additional stakeholder discussion, and eventual practicality, balanced theoretical and actual influences at 52/48 respectively. Restated, problem solving and innovation commonly start in theoretical space and then shift more towards actual as the project moves into implementation. The 2022 lighting ordinance update should reflect the acumen of these influences. VISIONING RESULTS Influences Design Vocabulary Resolute/Adaptive Work Style City officials and stakeholders expressed multiple frustrations with holiday lighting being allowed beyond the prescribed time frame. This was not intended to be an example of the groups 69/31 balance towards adaptive work style versus resolute. Taking harmful lighting options off the table, offering a range for others, having clear definitions with no gray areas for city officials, sounds like a very resolute goal. However, the adaptive ranking is intended for the 2022 lighting ordinance update so there is flexibility within the boundaries, making design solutions adaptive and long lasting. 38 June 14, 2022 Aspen Community & Stakeholder Engagement Memo OPPORTUNITIES An updated 2022 Aspen Lighting Ordinance has the opportunity to demonstrate leadership and innovation by leveraging the newly published ANSI/IES LP-11-20 Environmental Considerations for Outdoor Lighting, ANSI/IES LP-2-20 Designing Quality Lighting for People in Outdoor Environments and ANSI/IES RP-43-22 Lighting for People in Outdoor Environments documents. All three of these publications have been written, reviewed, and endorsed by leading lighting design professionals using a narrative that is easily understood by people without a lighting design background. ANSI/IES LP-11-20 will be used to educate how outdoor lighting at night can have a profound effect on nature. As discussed with Dr. Travis Longcore, outdoor lighting at night can change complex ecosystems in ways that are not immediately obvious or discernable. Leveraging LP-11-20, the updated 2022 Aspen lighting ordinance should/will reflect our latest understanding of the issues and best practices to mitigate glare, sky glow, light trespass, or any other unwanted light that could negatively impact flora, fauna, or human health. Definitions of light trespass beyond measurable light at the property line will be considered. ANSI/IES LP-2-20 has defined why we use light at night, a hierarchy of pedestrian needs in the outdoor nighttime environment, and the recommended illumination methods that promote the best vision. The reason we light at night is for people and pedestrian safety. As discussed in the April visioning session, the lighting ordinance process begins with community planning to layout values, goals and themes for the city. Land use zones and tasks should be thoughtful and facilitate the anticipated character, light level, and transitional needs happening between spaces with different tasks. A review of Aspen districts will be conducted and compared to standard best practices. For commercial and hospitality districts, orientation and wayfinding are at the foundation of pedestrian needs to gain understanding and coherency of one’s nighttime surroundings. When done correctly, nighttime lighting can convey the relative importance and character of cityscapes and enhance their information- giving value. There will be illumination recommendations for both vertical and horizontal elements to promote these tasks. 39 June 14, 2022 Aspen Community & Stakeholder Engagement Memo Next on the hierarchy list of pedestrian needs is reassurance. Reassurance is a relatively new term that doesn’t ensure security, but it does describe a pedestrian’s confidence and willingness to engage with outdoor space. This task will apply to all zoning districts, including residential. Illumination of perimeters, barriers, points of egress, and possible threats will help inform the conscious and sub-conscious decision to navigate. Once a pedestrian is moving, illumination for physical safety is needed to avoid and/or traverse hazards such as terrain, moving objects, and changes in grade like curbs and stairs. The final tier of the outdoor lighting hierarchy is called “Atmosphere and Enjoyment”, a place where the lighting designer can use their skills to spark emotion and create mood. An optional task, it is ironically here, where many non-lighting practitioners would start their lighting design process, not understanding it is impossible to achieve enjoyment without feeling reassured. Although optional, atmosphere should be addressed within the Aspen lighting ordinance to achieve the desired character and theme goals. Future State: Although the methods and techniques might change, all eight goals within the current Aspen lighting ordinance remain valid. • Promote safety and security • Help preserve small town character • Eliminate the escalation of nighttime light pollution • Reduce glare and offensive light sources • Provide clear guidance to builders and developers • Encourage the use of improved technologies for lighting • Conserve energy • Prevent inappropriate and poorly designed or installed outdoor lighting What to light, why, and when will be a cornerstone of the lighting ordinance update. A community, builder, and developer education plan should be part of the updated lighting ordinance implementation to increase engagement. Additional objectives for the updated 2022 Aspen lighting ordinance include a narrative that is easy to read, not too technical, explaining the intent of lighting recommendations, and providing understandable metrics so city officials can support enforcement of the ordinance to make judgment decisions regarding new and special requests in the years to come. OPPORTUNITIES 40 ASPEN OUTDOOR LIGHTING ORDINANCE EXISTING LIGHTING CONDITIONS 06/14/2022 41 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 2 EXISTING LIGHTING CONDITIONS The City of Aspen requested an evaluation of the existing outdoor lighting conditions to aid in the creation of new outdoor lighting ordinance. The Outdoor Lighting Ordinance will outline an intent to provide improved visibility, reduce light trespass, refine the overall aesthetics of the City of Aspen. The Ordinance will also provide consistently between other city ordinances. To gain an understanding of the existing street lighting equipment and conditions, Clanton and Associates surveyed seven (7) sites throughout the downtown area in April 2022. Those sites included: The selected sites included retail, hospitality, and residential areas. Both horizontal and vertical illuminance measurements were taken at each site. Luminance measurements were also taken to provide an understanding of surrounding surface brightness and glare from light sources. These measured light levels were used to compare the existing light levels to the light level recommendations by the Illuminating Engineering Society (IES). The existing lighting levels will be compared to IES lighting criteria and the Model Lighting Ordinance (MLO) to guide the development of the Outdoor Lighting Ordinance. Representatives from the city attended a visioning session and participated in the site visit surveys. They offered valuable insights into the likes, dislikes, and common issues of the outdoor lighting throughout the downtown area. They also participated in a Color Demonstration to determine the weight in on the future Correlated Color Temperature (CCT) that will be required in the Outdoor Lighting Ordinance. These surveys provide an overview of existing street lighting conditions to aid the city in reviewing and prioritizing recommended improvements to include in their Outdoor Lighting Ordinance. EVALUATION OF EXISTING LIGHTING CONDITIONS The scope of the Outdoor Lighting Ordinance focuses on exterior lighting, not including street lighting. These standards will outline the following; Adaptive Lighting Criteria Curfews Color Temperature Maximum lumens for different applications Backlighting, Uplight, and Glare ratings Shielding Light trespass regulations Sports lighting LIGHTING SCOPE OF THE OUTDOOR LIGHTING ORDINANCE The areas surveyed during the site visit showed varying lighting conditions. The most common type of luminaire is a ‘historical acorn’ post top pedestrian luminaire, owned by the city. These luminaires are not historical to Aspen as they were brought from another city. They have high pressure sodium lamps and are not full cut off. There is a variety of luminaires within individual retail and residential sites surveyed. CURRENT LUMINAIRES 1. E. Cooper Avenue 2. Aspen Lodge Square 3. Eden Gallery 4. Dancing Bear 5. Aspen Sports 6. S. Galena Street 7. Balenciaga 42 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 3 SITE EVALUATIONS E MAIN ST E MAIN ST ECOOPE R AVESORIGINALSTWAGNE R PARK 1 2 34 5 6 7LEGEND E. Cooper Avenue Aspen Square Lodge Eden Gallery Dancing Bear Aspen Sports- Pedestrian Mall S. Galena Street Balenciaga 1 2 3 4 5 6 7 43 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 4 SITE EVALUATIONS To gain an understanding of the existing outdoor lighting equipment and conditions in Aspen, CO, Clanton and Associates conducted a site visit to evaluate the outdoor lighting at various locations throughout the downtown area. The information and knowledge gained through the site visit will influence the improvement strategies to be recommended. Participants were broken into two groups and taken on a nighttime tour of the selected sites and were asked to complete a survey assessing the lighted environment. The survey was comprised of several subjective questions regarding the safety and aesthetics of each site. The survey included, but was not limited to, the following questions: • It would be safe to walk here, alone, during daylight hours. • It would be safe to walk here, alone, during darkness hours. • The light is uneven (patchy). • The light sources are glaring. • The lighting is poorly matched to the neighborhood. Participants answered each question with a ranking between Strongly Agree and Strongly Disagree. The answers to each question were combined to provide an understanding of each site. SITE OBSERVATIONS Three “Levels of Acceptability” were determined from an analysis of the site observations and survey results: Acceptable, Moderately Acceptable, and Poor: Acceptable is obtained by providing sufficient and appropriate lighting on the roadway, while also providing adequate vertical illumination to allow for object detection and facial recognition. The lighting in this location will be relatively uniform, free of direct glare and properly illuminates the roadway and sidewalk. It also limits light trespass onto nearby residential properties. Moderately acceptable indicates that the lighting in the area feels comfortable. In some cases, such as residential areas, the light level might be lower than the IES Recommended Practice but the lack of glare and shadowing from surrounding landscaping, along with some surrounding surface brightness, creates a comfortable nighttime environment without light trespass. Poor acceptability occurs when the luminaires are spaced too far apart to provide adequate light levels and uniformity or there are no luminaires on the street at all. These sites included residential areas without sufficient light, large amount of light spilling onto nearby properties, or glare and/or shadowing from the light source. These levels of acceptability provide an understanding of the nighttime environments found throughout the city. This allows a variety of lighting improvement options to be developed. These future lighting options will enhance the nighttime safety and security around the city. Each option will focus on improving light levels, uniformity, and way finding while reducing glare. ESTABLISHING LEVELS OF ACCEPTABILITY 44 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 5 RESIDENTIAL E. COOPER AVENUE1 Clanton Site Observations: • Residential pathway lighting across from the City Market • Different color temperature bulbs • Overlit, bright light sources Participant Survey Comments: • Feel safe during the day and night • Light is glary and uneven, creates patches • Dislike the style of light “I like how the light is contained to the ground” “Mismatched bulbs,very distracting, very bright” Bright light sources, overlighting the pathway 45 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 6 HOSPITALITY ASPEN SQUARE LODGE2 Clanton Site Observations: • Balcony luminaires provide good vertical light but are bright and glary to the observer below • Parking lot in between building is dark, not enough vertical light for facial recognition Participant Survey Comments: • Feel safe during the day and somewhat safe at night • Lighting is uncomfortable • Enough light on adjacent street and sidewalk • Light sources are glary • Dislikes the style of lighting “Balcony lights are glary” “It’s not terrible but, it’s too dark” Balcony luminaires are bright but, not enough light is provided in the parking area 46 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 7 RETAIL EDEN GALLERY3 Clanton Site Observations: • Light sources are set back inside the gallery and aimed outwards • Large amount of light spill on the sidewalk and street • Does not appear that the lighting dims during nighttime hours • Gallery across the street is a good example, with light sources mounted at the window and aimed into the space Participant Survey Comments: • Feels safe during day and night • Colors can not be determined • Dislikes the style of lighting • Can not recognize faces • Light sources are glary “The lighting from the gallery is glary and out of place” “Way too bright, light sources directed at Pedestrians” Large amount of light spill from inside the gallery 47 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 8 HOSPITALITY DANCING BEAR4 Clanton Site Observations: • Festive lighting provides a lot a light or the sidewalk • Good color temperature • Red linear luminaire at roof line was not on when the site visit was conducted Participant Survey Comments: • Feels safe during the day, somewhat safe at night • Lighting is comfortable • Likes the color of the light sources • Matches neighborhood “If the trees had no light on them, it would be much too dark and dangerous to walk” “I don’t like the full visibility of the red linear edging” Red linear luminaire on roof of building can be seen from the ground. 48 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 9 RETAIL- PEDESTRIAN MALL ASPEN SPORTS5 Clanton Site Observations: • Lighting in store was completely turned off during site visit • Adjacent pedestrian mall was very dark Participant Survey Comments: • Does not feel safe at night • Lighting is not comfortable • Not enough light on the street or sidewalk • Can not recognize faces • Dislikes the style of lighting “Weird greenish mall lights” “I feel like if the lights were on, it would be worse” Dark pedestrian mall. Lights from store fronts are completely off during the off-season 49 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 10 MIXED USE- RETAIL/OFFICE SPACE S. GALENA STREET6 Clanton Site Observations: • Multiple luminaire types including permanent festive lighting • Ground level retail window is bright and has a cooler color temperature than the rest of the building Participant Survey Comments: • Feels safe during day and night • Glaring light sources • Lighting does not match neighborhood • Dislikes the style of lighting “I like the lighting except for the cool glaring light from the display window” “The bottom floor commercial space has lighting that is inconsistent with city values” Bright retail window and a mix of luminaire types 50 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 11 RETAIL BALENCIAGA7 Clanton Site Observations: • Large amount of light spill from interior reaching exterior sidewalks • Light sources are aimed towards the exterior windows • Glary light sources • Overlit • Does not dim during nighttime hours Participant Survey Comments: • Feels safe during the day and night • Uncomfortable • Glaring light sources • Dislikes the color of light sources • Lighting does not match neighborhood • Dislikes the style of lighting “Light sources are too cold and directly visible” “Bright, blinding white light” Roadway and sidewalk illumination is provided by retail lighting that spills outwards from windows 51 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 12 COLOR TEMPERATURE DEMONSTRATION Color Temperature Demonstration: Clanton and Associates conducted a color temperature demonstration with the same participants from the site survey. The participants observed five (5) different color temperature and completed a survey on each one. The five (5) color temperatures were: 2200K, 2700K, 3000K, 3500K, 4000K. Participant Survey Comments: • Overwhelmingly prefer 2700K, highest marks for comfort, illumination, color perception, and color of light • The second most preferred color temperature was 3000K and the least prefered color temperature was 4000K. Color of light preference is often subjective and regional. Survey Results: • 2200K - Can’t perceive color of objects, don’t prefer color of light • 2700K - Can perceive color of objects, like color of light • 3000K - Can perceive object color, like color of light • 3500K - Can perceive object color, don’t prefer color of light • 4000K - Can’t perceive object color, don’t prefer color of light 52 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 13 APPENDIX SURVEY RESULTS AND LIGHTING MEASUREMENTS 53 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 14 E. COOPER AVENUE1 APPENDIX -1.5 -1 -0.5 0 0.5 1 1.5 2 2.5 3 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting E. COOPER AVENUE Survey Results: 10W, 800lm bulbs Light is bouncing off the pavement and hitting the trees 26.500 cd/ m^2 49.4 cd/m^2 54 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 15 ASPEN SQUARE LODGE2 APPENDIX -1.5 -1 -0.5 0 0.5 1 1.5 2 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting ASPEN SQUARE LODGE LIGHTING CREATES BRIGHT AND DARK WEDGES. THIS CHANGES THE AMOUNT OF LIGHT REACH- ING THE CURB. 0.6fc 7.6fc vertical 9.20fc @ back of curb 0.76fc vertical EDGE OF LIGHT EDGE OF DARK Survey Results: 55 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 16 EDEN GALLERY3 APPENDIX -1.5 -1 -0.5 0 0.5 1 1.5 2 2.5 3 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting How does the lighting in this area compare with the lighting of similar areas at night? EDEN GALLERY 0.7FC VERTICAL @ FRONT OF CURB, ACROSS THE STREET 3fc VERTICAL 3.2fc vertical 1.8fc @ back of curb 14.8fc @ GROUND 7FC VERTICAL Survey Results: 56 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 17 DANCING BEAR4 APPENDIX -0.5 0 0.5 1 1.5 2 2.5 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting DANCING BEAR 0.4fc VERTICAL 0.4fc vertical 0.9fc @ ground 0.14fc @ GROUND 0.25fc vertical 0.5fc @ back of curb Survey Results: 57 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 18 ASPEN SPORTS5 APPENDIX -1.5 -1 -0.5 0 0.5 1 1.5 2 2.5 3 3.5 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting ASPEN SPORTS PED MALL green hue luminaire No store front lighting on Dark Pedestrian Mall Survey Results: 58 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 19 S. GALENA STREET6 APPENDIX -1 -0.5 0 0.5 1 1.5 2 2.5 3 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting S. GALENA STREET 0.7FC VERTICAL @ FRONT OF CURB, ACROSS THE STREET 1136 cd/m^2 1.8fc @ ground 1889 cd/m^2 2023 cd/m^2 2.1fc @ vertical 0.66fc @ ground 0.9fc @ vertical Survey Results: 59 Aspen Outdoor Lighting Standards Existing Lighting Conditions Aspen, CO 06/14/2021 Page 20 BALENCIAGA7 APPENDIX -2.5 -2 -1.5 -1 -0.5 0 0.5 1 1.5 2 2.5 3 Safe- day Safe- night Comfortable Too much light-street Not enough light- street Too much light- sidewalk Not enough light- sidewalk Uneven (patchy) Glaring I can recognize faces I like the color of the light I can't see colors well The lighting does not match the neighborhood I like the style of lighting BALENCIAGA 5fc @ ground 4fc vertical 4.5fc @ ground 3100 cd/ m^2 5FC VERTICAL 2140 cd/ m^2 6900 cd/m^2 Survey Results: 60 Date: 7/27/2023 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2023 City of Aspen GIS Legend 0 2,500 5,0001,250 Feet When printed at 11"x17" 4 Scale: 1:36,112 Draft Lighting Zones - GIS Map County of Pitkin & City of Aspen, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA 61 Lighting Zone Trespass Limit (fc) Parking Lot Lm per space Lm per sf (MLO) LZ0 0.05 350 0.5 LZ1 0.1 490 1.25 LZ2 0.3 630 2.5 LZ3 0.8 840 5 Luminaire Mounting Mounting Height Limit (ft) Bollard 3 Pathway 3 Pedestal 3 Building Mounted Pole 12 Canopy Mounted Luminaire Type LZ0 LZ1 LZ2 LZ3 Low Voltage Landsca 0 205 430 N/A 4 Shielded In-Grade U 0 455 910 N/A 4 Partially Shielded Flo 0 630 1260 N/A 4 Fully Shielded Lumin 0 100000 0 Acreage Lot Size (sf)LZ1 Original lm/sf 1 1/4 54450 17500 14000 0.321396 1 43560 15000 12000 0.344353 3/4 32670 11200 9000 0.342822 1/2 21780 7500 6000 0.344353 1/3 14520 5000 4000 0.344353 1/5 8812 3700 3000 0.419882 1/8 5500 2500 2000 0.454545 1/10 4356 2500 2000 0.573921 1/20 2178 1800 1500 0.826446 Dwelling Unit 3000 Parking Lot 300 Application LZ0 LZ1 LZ2 LZ3 EXHIBIT NOTE: This Draft is in Excel format. 62 Building Façade square feet 0 0 8 16 Outdoor Sales Lot square feet 0 4 8 16 Outdoor Dining square feet 0 1 5 10 Gasoline Station pair of pumps 0 4000 8000 8000 Base 63 CITY OF ASPEN LIGHTING ORDINANCE COMPLIANCE FORM Zone District R-3 FAIL 1)Lighting Zone LZ1 2)Maximum Light Trespass 0.10 fc Adjacent to an Environmentally Sensitive Area? No Maximum Light Trespass along ESA shared property line Maximum Calculated Light Trespass 0.1 fc Maximum Calculated Light Trespass along ESA shared property line fc Maximum CCT 3000 K Gross Lot Area (sf)50,000.00 square feet Dwelling Units 1 Units Parking Spaces 0 spaces 5)BUG Ratings 6)B U G Low Voltage Landscape P1 1,000.00 2.00 5 5000 3000 Bollard 2 FAIL Lumens exceed limit Fully Shielded Luminaire P2 900.00 1.00 1 900 2200 Canopy Mounted 12 0 PASS Fully Shielded Luminaire 50.00 1.00 FAIL Missing entries Fully Shielded Luminaire 50.00 1.00 FAIL Missing entries Low Voltage Landscape 50.00 1.00 FAIL Missing entries Low Voltage Landscape 50.00 1.00 FAIL Missing entries Shielded In-Grade Uplight 50.00 1.00 FAIL Missing entries Low Voltage Landscape 50.00 1.00 FAIL Missing entries Low Voltage Landscape 50.00 1.00 FAIL Missing entries Low Voltage Landscape 50.00 1.00 FAIL Missing entries Total base allowance 17,500.00 lumens Total lumens 5,900 lumens PASS Total Lumens 5,900 lumens PASS Luminaire Type Lumens Quantity Errors How to use this calculator: 1) NOTES: a) Cells with an ORANGE fill are inputs. b) Cells with a dark BLUE border are required inputs. c) Cells that are GREY have formulas that are proccessing information from inputs. DO NOT change these cells. d) If a cell turns RED it does not meet criteria. e) If a cell turns GREEN it passes criteria. Mounting Height (ft) Specified CCT Luminaire Label PASS/ FAILTotal Lumens Mounting TypeWattage 64 26.575.150.020 Lighting Zone Planning, Cross-Reference and Establishment part (e) Designations Passoword Aspen Zone District Lighting Context Area Land Use Hallam Bluff LZ0 Environmentally Sensitive Area Stream Margin LZ0 Environmentally Sensitive Area OS LZ0 Open Space WP LZ0 Wildlife Preservation PD LZ0 AH LZ1 Affordable Housing C LZ1 Conservation R-3 LZ1 High Density Residential R-30 LZ1 Low Density Residential R-6 LZ1 Medium Density Residential R-15 LZ1 Moderate Density Residential R-15-A LZ1 Moderate Density Residential R-15B LZ1 Moderate Density Residential R/MF LZ1 Residential / Multifamily R/MFA LZ1 Residential / Multifamily RR LZ1 Rural Residential C-1 LZ2 Commercial CC LZ2 Commercial Core CL LZ2 Commercial Lodge L LZ2 Lodge MU LZ2 Mixed Use NC LZ2 Neighborhood Commercial SCI LZ2 Service Commercial Industrial SKI LZ2 Ski Area Base A Academic P Park PUB Public LZ3 Special Permit LZ3 65