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Home My WebLink Aboutresolution.apz.006-2023RESOLUTION #06 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, 2023, the Planning and Zoning Commission considered the amended code, and reviewed staff s memo, and by a four - three (4- 3) vote approves Resolution #06, 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 - Outdoor lighting, be rescinded and readopted as follows in Exhibit A under Section 26.512. While P&Z formally recommended these changes, P&Z made the motion to include the following language under Section 26.512.020(b) — Light Trespass, Requirements, with the intention of giving clear direction for light trespass compliance: "It shall be unlawful, with penalties provided in this Code, Section 1.04.080, for any person to create, cause or allow the continuance of any unreasonably bright, disturbing, or nuisance, lighting, which IIIIIIIIIIIIIIIIII�I�IIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII�IIIIIIIIII Resolution #06, Series of 2023 Outdoor Lighting Code RECEPTION#: 696845, R: $23.00, D: $0.00 Pagel of 3 DOC CODE: RESOLUTION Pg 1 of 3, 08/18/2023 at 02:04:55 PM Ingrid K. Grueter, Pitkin County, CO interferes with neighboring residents' reasonable use of their properties. Such light trespass may be allowed as follows:" Section 2• On the following policy questions as presented to P&Z there were majority positions in response to the following policy questions: Support for approval: • Agree with the 5-year period as appropriate in providing legacy exemptions for existing fixtures. ■ Agree with the idea of and proposed framework for the regulation of Light Trespass. • Agree that holiday lighting should be limited seasonally (allowed from November to March). • Agree with the idea of a curfew (hours of enforcement) for Light Trespass and allowed hours for holiday lighting. o Agree on curfew for residential properties as proposed from 10p to 7a. Do not support for approval: ■ Light Trespass and Holiday lighting curfews be effective immediately. Recommendations: • P&Z would like Council to consider amending allowed hours for holiday lighting to a shorter timeframe for non-residential uses. P&Z proposed holiday lighting to be 11pm — 6am. Section 3: 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 26.512. A lighting plan will be submitted with all development applications. Section 4• 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 Resolution #06, Series of 2023 Outdoor Lighting Code Page 2 of 3 • Variations to the Residential Demolition and Redevelopment Standards (Chapter 26.580) • Outdoor lighting (Chapter 26.512) (1) Outdoor lighting standards. A project may request variations from the requirements of Section 26.512 — Outdoor lighting. 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 5• This resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 6• If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, adopted, passed, and approved this 1 sc day of August 2023. Approved as to form: ames R. True, City Attorney Attest: Nicole Henning, City Approved as to content: Christine Benedetti, Vice Chair Resolution 406, Series of 2023 Outdoor Lighting Code Page 3 of 3 1*1 f. .i I'■ n