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HomeMy WebLinkAboutminutes.apz.19780627 BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Special Meeting Aspen Planning and Zoning Commission June 27 , 1978 The Aspen Planning and Zoning Commission held a special meeting on June 27 , 1978, at 5: 00 PM in the City Council Chambers. Members present were Charles Collins, Donald Ensign, Joan Klar and Welton Anderson. Also present were Karen Smith and Richard Grice of the Planning Office, City Attorney Dorothy Nuttall, City Sani- tarian Tom Dunlop, and Jim Markalunas of the City Water Department. Conditional Use, Grice introduced the application. He submitted material Water Tank, for the public record. He noted that property owners Aspen Mountain, within 300 ' of the property had been notified. He noted 8040 Greenline and that this item was tabled from May 23, 1978 , because of Mountain View Plane a change of site. The original site was determined to Review be geologically impossible. The new site screens the tank Public Hearing with trees and vegetation and the tank will be buried. The purpose of the tank is to correct existing deficien- cies in the water system. He noted a geologic engineering report prepared by Lincoln DeVore. It sites no geologic reason to prevent the tank from this site. The Planning Office recommends approval conditioned upon a revegetation plan to be approved by the City Engineer prior to the issuance of a building permit. They recommend a limitation on the construction period to reduce the impact on adja- cent property owners. Jim Markalunas of the Aspen Water Department noted that they have been aware of the system' s deficiencies for many years now. He noted that it took seven years to get the Ridge of Red 2 millon gallon tank in operation. He noted that they reached an all time peak for water on June 26, 1978 . He also noted that June of 1978 will be the dryest month on record if we don 't get rain before the end of the month. He pointed out that they cannot con- trol or anticipate the weather. He noted the pumps on the Little Nell tank are automatically turned on at 10: 00 PM, pump at night, and turn off during the day hours . He stated that he must have 15' in the tank for fire reserves. and they are approaching that level now. He stressed that they are deficient on treated water storage. This is im- perative for adequate fire protection and public safety. They will bury the tank, berm around it, and plant trees for screening. He noted that the public does not speak up until their lights go out. He feared a real disaster if there is a bad fire. Collins asked for drawings. Markalunas submitted plans . He explained the revegetation plan. He noted that they would be willing to submit to reviews by P&Z of their revegetation plan. Klar asked how long it would take to build the tank. Markalunas said they could have finished this year if they had not had these delays. They antici- pate finishing by late Spring ' 79 . Collins opened the public hearing. There were no comments from the public. Collins closed the public hearing. Klar moved to approve the conditional use, 8040 Greennline and Mountain View Plane review in the conservation zone, contingent upon the revegetation plan and the duration of construction be approved by the City Engineer prior to issuance of a building permit, Ensign seconded. All in favor, motion approved. Conditional Use Grice noted that this is an amendment to their original Relocated Central application that was approved. The amendment is the re- Building for Snow- location of the control building. The building is iden- making System, tical to the original application. It is designed to fit Aspen Mountain, into the tree line on Aspen Mountain. He showed pictures Public Hearing from various locations in Aspen that view the mountain proving that it will not be visible. The building will be partially buried. He submitted pictures taken closer to the site with the building drawn in. Grice noted that Special Meeting Aspen Planning and Zoning Commission June 27, 1978 he spoke with Dave Sheldon of the Colorado Geologic Sur- vey. Sheldon found no geologic reason why this site was inappropriate. Sheldon suggested that the Colorado Geologic Survey assist during the final design stage. Grice suggested this be a condition of approval. The Planning Office concerns are the revegetation plan and duration of construction. The Planning Office recommends approval. Collins asked the location of this site. Grice showed the location on a map. Collins asked what the control building would house. Lenny Oates, representing the applicants, said it would house the cats that would haul the snow guns, the compressors and the controls. Collins noted that it is two buildings. Oates said they have a common corner. Varouj Hairabedian, designer of the building, showed the site on a map, the trees surrounding the building and the road to access the building. Oates noted that the extension they propose for the road will not interfere with the public access. Collins asked if they will regrade the road. Hairabedian showed the di- versions and switchbacks proposed. Oates offered that they would submit to a review of the road extension. Oates noted that they are very happy with the new location and feel it far superior to the old site. Collins opened the public hearing. Gideon Kaufman Kaufman asked what was going into the control building and what type of noise would be emitted. Collins noted that this was covered at the last meeting. Collins asked Nuttall where they are in this application since part has been previously approved. Nuttall stated that the viewplane must be reviewed entirely. She noted that this is an amendment of location and since the buil- ding itself is identical, it need not be reviewed. Hairabedian confirmed that the building is identical. He noted that the cat storage building will be sodded, the other building will have a facia and a standard roof since it is only visible from above. Gideon Kaufman Kaufman noted that all the impact will be on Little Nell. He noted that they are not trying to stop anything, they just want some assurances. They want an agreement like the County ' s. Ensign asked if he is talking about the snowmaking equipment on the mountain or the control buil- ding. Kaufman said he is talking about all the equipment. Ensign asked what type of agreement he wanted. Kaufman said they want an assurance that the people of the City and County have the right to shut down the equipment if their complaints are investigated and found valid, Ensign asked if they don' t already have such an agreement. Nuttall said the County has the agreement, not the City. Collins asked if they can amend the conditions already established at the previous approval, Nuttall said that if the amendment creates new difficulties, they may set new conditions . She noted that she is opposed to an agreement with the City as far as noise control from an enforcement standpoint. She noted that they have a noise ordinance and it should apply to everyone equally. zf they are insufficient, they should revise the ordinance, Oates agreed with Nuttall.. He noted a letter from the Durant Condominium Association supporting the project. He felt the noise level question is solvable, Kaufman noted that the state statutes allow 50 decibels and the City statutes allows between 70-80. He stressed the importance of a written contract. Ensign asked who Kaufman represented. Kaufman said the Aspen Alps and 1_ BRADFORD PUBLISHING CO.,DENVER R E C O R D OF P R O C E E D I N G S Special Meeting Aspen Planning and Zoning Commission June 27, 1978 other property owners in the area. Jack DePagter DePagter understands the problems the people in the area have with the possible noise, etc. If they need to make snow, there is not enough snow to ski. He would rather put up with the noise than have no snow and no business. He felt it is necessary for the benefit for the whole town. Dunlop noted that the City ordinance is more lenient than the state statutes. He noted that he must enforce the state statutes which allow 50 decibels . He also noted that they have the equipment to measure the decibels. Collins asked what the decibels allowed are, Dunlop said 55 during the day and 50 at night. Klar asked him to give an example of 80 decibels. Dunlop said 70 deci- bels is standing 10 ' from a vacuum cleaner. 60 decibels is 20' from an electric typewriter. He also noted that two sources do not double the decibels. He also noted that the distance from the source is important. Gideon Kaufman Kaufman noted that they are not asking them not to make snow, they want assurances in writing. Oates said they are willing to comply with the rules that apply to every- one. Collins closed the public hearing. Klar asked if the equipment had been tested and how it measured in decibels. Oates said the equipment is simi- lar to that used at Buttermilk and they have had no com- plaints. That machinery was monitored and tested by the County Sanitarian. Klar asked the readings they got. Oates said they were within the state limits. Hal Clark Clark noted that there were complaints in the County Sanitarian' s office. Residents of the McClain Flats area also noticed the noise from Buttermilk. He felt they may be able to hear this operation on Red Mountain whether it violates state statutes or not. Oates noted that Bob Nelson said there were no complaints. Dunlop said Nelson had said the same to him. Clark noted that this is a conditional use application and they should establish the necessary conditions. They must find that this is a compatible use in this area. Klar asked if they should mention noise in the motion or leave it to the proper authorities to be enforced. Smith felt the best control would be to put a time limit on the approval with a re-review after a certain amount of time. Oates offered that they will abide by the ordinances. Smith noted that noise is not the only concern. Oates stated that they do not intend to increase the snowpack over what it would normally be in a good year, They would start in October and continue into December if necessary. Oates noted that the opposition has come from nonresident condominium projects, not from local businesspeople. Gideon Kaufman Kaufman noted that they must stand by their representa- tions. Collins asked what the County agreement is, Smith said the Aspen Skiiing Corporation must stop their operation if complaints are filed, inspected and found to be in violation of state standards, She noted that the County Commissioners must still hold a public hearing on this issue. Tom Richardson Richardson, from the Aspen Skiing Corporation, noted that Special Meeting Aspen Planning and Zoning Commission June 27 , 1978 if the conditions are too restrictive, they will not have snowmaking. He asked that they pose the same noise re- strictions as applies to everyone. They are willing to stick to the state statutes as they are written and en- forced. Howard Awrey Awrey, an Aspen businessman for 30 years, felt they should accept the ASC representations. He felt the people of the Alps will be very unhappy if there is no snow. He felt the ASC statements are in good faith. Collins felt the snowmaking was to supplement the snow. Oates said this would permit skiing higher on the moun- tain in drought conditions. Richardson said that in a year such as the 1977-78 season, they would use the sys- tem very little. Oates noted that they have used the snowcats every night ever since they have had them. Dunlop noted that all complaints are investigated to the same degree. If he gets complaints on this operation, he will take the legal steps necessary. Gideon Kaufman Kaufman felt they were using a double standard since P&Z would not take a smaller client' s word in good faith. He wants something in writing, Oates asked Dunlop if he needed a written contract to enforce this. Dunlop said he has the state statutes to follow. Collins asked if any operation has been shut down by complaints. Dunlop said that they always take corrective action when informed of the violation. Klar moved to approve the Ski Corporation' s amendment to their snowmaking system and building, approve Mountain View Plane review and 8040 Greenline review, and approve conditional use, subject to the approval of revegetation and construction duration to be worked out with the En- gineering Office, Ensign seconded. All in favor, motion approved. Ensign moved to adjourn the meeting, Klar seconded. All in favor, motion approved. Meeting adjourned at 6: 30 PM. Shery immen, Deputy City Clerk