HomeMy WebLinkAboutminutes.apz.20230801
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Minutes Aspen Planning and Zoning Commission
August 1, 2023
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Co-Chairperson Benedetti called the regular Planning and Zoning (P&Z) meeting for August 1, 2023 to
order at 4:35 PM.
Commissioners in attendance: Christine Benedetti, Jason Suazo, Tom Gorman, Maryann Pitt, Marcus Blue,
Eric Knight, and Ken Canfield. Absent were Teraissa McGovern and Tracy Sutton.
Staff in Attendance:
Amy Simon, Community Development Planning Director
Haley Hart, Long Range Planner
Bob Naracci, Zoning Administrator
Amy Simon, Planning Director
Phillip Supino, Community Development Director
James R. True, City Attorney
Luisa Berne, Assistant City Attorney
Nicole Henning, City Clerk
COMMISSIONER COMMENTS
None
STAFF COMMENTS
None
PUBLIC COMMENTS
None
APPROVAL OF MINUTES
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Mr. Gorman motioned to approve the minutes of June 20; Mr. Blue seconded. All in favor, motion carried.
CONFLICTS
None
PROOF OF LEGAL NOTICE
None
RESOLUTION #06, SERIES OF 2023 – Outdoor Lighting Code Amendment- Haley Hart
Ms. Hart said this is a 100% draft discussion and last came to P&Z in November when it was at 50% draft.
Mr. Suazo entered the meeting.
Ms. Hart said they have been working with Clanton & Associates, out of Boulder, all along and are still in the
public outreach process and gathering general feedback. In the land use code, there is a phrase: “the director
shall solicit input from the planning and zoning commission”. She continued to explain the review criteria to
the board and said these standards apply to any outdoor lighting on residential, commercial, lodge, or public
buildings or properties. She explained the issues with the current code and said it has been 20 years since
the last amendment and a lot has changed.
Ms. Simon entered the meeting.
Ms. Hart showed an example of a type of complaint received on screen. She explained the guiding principles
and the proposed goals for the amendments. She asked the board about policy related questions.
Mr. Canfield asked about how a resident owner would know that they are out of compliance.
Mr. Supino entered the meeting.
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The board continued to ask questions.
The board then gave feedback on the policy questions that Ms. Hart asked them.
Regarding the 5-year period for legacy exemptions on existing fixtures, four members agreed with it, one
member said it should be a 10-year period, one member thought it should be a rolling timeline. Ms. Pitt
disagreed and recommended that it be based upon newer development and multiple complaints on the same
property.
Regarding the trespass and curfew being effective immediately upon passing, Ms. Pitt said she disagrees
with the immediacy. She suggested a 2:30am – 6am. timeframe. Mr. Gorman said people need some time
to adjust. He doesn’t support the curfew in its present form. Ms. Benedetti said the public needs time to
adjust, and the word “curfew” has negative connotations. Mr. Knight said they should do 90 days for
outreach. He’s ok with the curfew being shorter in the commercial core but keep it 10pm-7am in residential
areas. Mr. Suazo agreed that people should be educated first and agreed with Ms. Benedetti regarding the
negative connotation. She said 10 seems early. Mr. Canfield supports the proposal as written. He also
agrees with the regulation of Light Trespass. Mr. Blue said he also doesn’t think it should be immediate,
and he doesn’t think there should be a curfew at all.
Regarding holiday lighting being limited to November 15-March 1, Mr. Blue said he doesn’t think it should
be limited seasonally. Mr. Canfield said he agrees with the staff proposal. Mr. Suazo and Mr. Knight said
they are in support of this, as well as Ms. Benedetti. Mr. Gorman and Ms. Pitt said they oppose it and do
not want to dictate a limit.
Regarding curfew, Ms. Pitt said she doesn’t agree with a curfew for holiday lighting. Mr. Knight says he
supports the seasonality of holiday lighting and no curfew.
Ms. Simon suggested calling it “winter lighting”. Ms. Hart they will rename it “seasonal lighting” in the new
code.
Mr. Suazo said his recommendation for light trespass is 11pm – 6am.The board did a show of hands for
support of holiday lighting or not with curfew. It was mixed reviews.
Ms. Hart asked the last question of the board regarding neon light and the continued prohibition. The entire
board is supportive of continuing this.
Ms. Simon said they are just asking the board to support and pass the resolution to put in front of council
and not worry about every word at this point because this is still a work in process.
Ms. Pitt suggested adding verbiage to the resolution.
Mr. Canfield said overall, they are dealing with reason here, and there won’t be lighting police. He does
have a concern as a resident, if they are in compliance, but he doesn’t think they should change the
resolution language. He’s convinced that despite his concerns, he can support this as is. He spoke about
and compared this to the noise ordinance. He then suggested adding similar language and moved that
they add similar language; Mr. Blue seconded. He said it could say something to the effect of “it shall be
unlawful for any person to cause, allow, or continue any unreasonably bright or unnecessary light which
interferes with neighbors” and then goes into specifics on lumens.
Mr. Supino read a section of the noise ordinance from section 18.0404. Mr. True agreed that we can put
that language together.
Mr. Blue motioned to extend the meeting at 6:58 pm; Mr. Gorman seconded. All in favor, motion carried.
Roll call vote: Knight, yes; Suazo, yes; Gorman, abstain; Benedetti, yes; Canfield, yes; Blue, yes; Pitt, no.
5-1, motion carried.
Mr. Gorman suggested another change on page 24 in section c “additional allowances”. He proposed that
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the commission exempt lighting for walkways, stairs, address markers, etc.; Ms. Pitt seconded.
Roll call vote: Blue, no; Knight, no; Canfield, no; Suazo, yes; Pitt, yes; Gorman, yes; Benedetti, no. 3-4,
motion not carried.
Mr. Canfield motioned to approve Resolution #06 as amended; Mr. Blue seconded.
Roll call vote: Pitt, no; Blue, yes; Knight, yes; Canfield, yes; Suazo, no; Gorman, no; Benedetti, yes. 4-3,
motion carried.
Mr. Knight motioned to adjourn; Mr. Suazo seconded. All in favor, motion carried.
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Nicole Henning, City Clerk
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