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HomeMy WebLinkAboutagenda.apz.19911203 AGBNDA ----------------------------------- - ---------------------- ASPBN PLANNING AND ZONING COMKISSION RBGULAR MBBTING December 3, 1991, Tuesday 4:30 P.M. 2nd Floor Meetinq Room city Ball -------------------------- -- --------- I. COMKBNTS commissioners Planninq staff Public II. No MINUTBS ,. III. PUBLIC BEARING A. Aspen Villas PUD Amendment - Itim Johnson -C',,,,r, - ,/"1/'1/ B. City of Aspen Maintenance Shop Text Amendment, Map Amendment and Conditional Use - Itim Johnson C. Kraut Parcel Map Amendment (Table to December 17) - Leslie Lamont IV. ADJOURN a.cov MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Cindy Christensen, Planning Office RE: Upcoming Meetings DATE: November 27, 1991 This is a list of your scheduled upcoming meetings. Regular Meeting, December 17th * EMDE Stream Margin Review, Conditional Use for an Accessory Dwelling Unit (PH), GMQS Exemption for an ADU (KJ) * Marshall Hallam Lake ESA Review (KJ) * Text Amendment on the Old Library (PH) (LL) Kraut Map Amendment to Affordable Housing (PH) (LL) * Mary B Subdivision Amendment Referral (ES) Regular Meeting, January 7th * Aspen Winter Garden PUD Amendment (PH) (DM) a.nex MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: City of Aspen Streets Shop - Public Hearing for Rezoning from R-30 to PUBLIC (PUB), Text Amendments, and Conditional Use for Above Ground Fuel Tanks DATE: December 3, 1991 SUMMARY: The Planning Office recommends approval of the rezoning, text amendments and conditional use with conditions. These requests are made in order to allow replacement- of -aging fuel tanks - in an environmentally secure, economical manner and to have appropriate zoning for the City maintenance shop. APPLICANT: The City of Aspen Streets Department, represented by Jack Reid, Superintendent of Streets LOCATION: The 27,000 s.f. parcel is located at 1080 Power Plant Road, adjacent to Castle Creek. ZONING:, Current zoning is R-30 with a PUD overlay. Requested zoning is PUBLIC (PUB). The PUD overlay will remain. BACKGROUND: A Stream Margin Exemption for replacement of existing underground fuel tanks next to the shop building was approved by the Planning Director in July 1990. The Streets Department assumed that this approval encompassed the entire site and would also allow them to install above ground tanks at a different location. Earlier this fall, a concrete containment "berm" was constructed next to the creek. This brought the project to the attention of the Sneaky Lane neighbors and Engineering and Planning staff. The project was -put on hold until a valid approval was obtained. Because of neighbor's concern about the proximity of the refueling operation to the creek, City Council directed staff to look at alternative sites, and to consider the pros and cons of above ground and below ground fuel tanks. Staff recommended that the current site be used. Council then told staff to meet with the neighbors to discuss above ground and below ground installations. At the October 31, 1991 meeting, a tour of the City shop property and the viewing of the tank location at the back of the property was discussed for above ground tank use. The neighbors and staff agreed that this option was the best solution considering the environmental and visual impact issues. It is this scenario that is being considered in this memo. 1 PROCESS: The rezoning and text amendments are two-step reviews. The Commission will forward recommendations to City Council for their final determination. The Conditional Use review is a one step public hearing, with final determination made by the Planning Commission. An insubstantial PUD amendment will be processed by Planning staff for signature by the Planning Director. APPLICANT'S REQUEST: For site plan and applicant's letter, please see Attachment "A". Rezoning: Rezoning to PUBLIC (PUB) would allow the City Shop parcel to have conforming status regarding zone districts. Without appropriate zoning, future improvements to the structure and site might be jeopardized due to non -conforming status. Additionally, the City identified two zone districts (PUBLIC and Service/Commercial/Industrial [SCI]) which would be appropriate for above ground storage tanks as Conditional -Uses.- - - Text Amendment: The Land Use Code currently prohibits any above- ground fuel tanks. Allowing above -ground fuel tanks as conditional uses in the PUBLIC (PUB) and Service/Commercial/Industrial (SCI) zones will give users the flexibility to providing safe and economical fueling installations. Conditional Use: Pursuant to the proposed text amendment allowing above -ground tanks in a Public zone upon Commission approval, the applicant seeks Conditional Use approval for two 5' tall metal tanks within one 221x 251x 2.5' deep concrete retaining structure. The concrete containment structure is designed to hold 140% of the capacity of both fuel tanks. The EPA requires that at least 110% be designed into the containment structure. REFERRAL COMMENTS: Please see Attachment "B" for referral memos. Engineering: No increased impacts to public facilities, traffic circulation, parking, or trash service is anticipated. Environmental Health: Bob Nelson states that this proposal meets State and Federal EPA requirements for above ground storage tanks and piping. Fire Marshal: Wayne Vandemark reports that the proposal will comply with the fire code requirements for tanks locations relating to adjacent structures and property lines, and volume of containment dikes. STAFF COMMENTS: According to EPA requirements, the old underground fuel storage tanks at the City Shop must be removed and replaced by December, 1992. The tanks are used to fuel all of the City's maintenance, plowing, and fleet vehicles. The Streets, Planning, and Engineering departments, as well as neighbors adjacent to the facility are concerned about potential environmental risks if new 2 tanks are installed underground. However, the Land Use Code currently prohibits any above ground fuel tanks. Staff proposes code amendments to allow above ground fuel tanks as Conditional Uses in two zones: Public and Service/Commercial/Industrial (SCI). Concurrent with the code amendments, tha Commission shall consider the request for Conditional Use approval for the tanks. The City Shop is a legal (grandfathered) non -conforming use in the R-30 (low density residential) zone. This non -conforming status could be a problem for the City's future use of the site. Staff concluded that the appropriate way to resolve the City Shop/fuel tank problem was to include a request for rezoning to Public (PUB) at the same time that the above mentioned code amendment was being processed through the Planning and Zoning Commission and City Council. Rezoning: The applicant requests rezoning the Aspen Streets maintenance shop parcel from its R-30 designation to Public (PUB). If the rezoning is approved, the use of the site will not change in the immediate future. However, if the shop use moves to a different location, the site could be converted to other community - oriented uses at a later date. The following are standards from Section 7-1102 which must be addressed when considering a Map Amendment (rezoning): A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: This proposal will legitimize the maintenance shop use which has been in existence since the late 19501s. Prior to that time the site was used as a power plant. The site was annexed in 1967 with R-15 zoning. The R-30 zone designation was applied in 1974/75. Land uses in the neighborhood surrounding this site are single family residential. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan. Response: The 1973 Comprehensive Plan Map shows this area to be Public use. To maintain and improve this facility as the Map depicts would require it to be in conformance with underlying zoning. C. Whether the proposed zoning amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: As mentioned above, the single family neighborhood has developed around the shop use. The facility is a concern to some of the neighbors because of its unsightliness. Streets 3 Superintendent Jack Reid pledges to do cosmetic improvements including painting portions of the main building and screening the j storage yard with a wood fence in the spring of 1992. Rezoning the property will not increase any impact on the area. D. The effect of the proposed amendment on traffic generation and road safety. Response: The change will not affect the level of activity at the maintenance facility. E. Whether the proposal will result in increased demand on public facilities. Response: No changes in public facilities needs will result from this rezoning. F.' Whether the proposed amendment will result in impacts on the natural environment. Response: No adverse impacts are anticipated as a result of the rezoning. The rezoning (in conjunction with the proposed text amendment and conditional use) will allow the facility to replace existing underground fuel tanks with above ground tanks. The above -ground tanks will be as environmentally sound as below ground tanks., Leak detection for above ground tanks is easily performed by visual inspection instead of by underground detection devices. G. Whether the proposal is consistent and compatible with the community character in the City of Aspen. Response: The City shop has been in this location for over thirty years. The historic aspects of the old power plant structure add to the character of the community. This rezoning will allow it to continue to serve the City as a public facility whether or not it remains a maintenance shop. Text Amendments Section 5-509.A. states that "All fuel storage tanks shall be completely buried beneath the surface of the ground." When inserted into the Code in the 19701s, this section intended to keep a proliferation of unregulated tanks from being installed in inappropriate areas such as residential back yards and congested commercial areas. No provision was made for site specific review or mitigation of potential environmental hazards. Since then, the environmental concerns regarding buried toxic substances has come to the forefront. The old underground tanks at the City Shop must be removed as per EPA requirements. Streets Superintendent Jack Reid would prefer to lessen any possibility of future soil or groundwater contamination by replacing them with 4 above ground tanks within a concrete retaining structure. Any leaks or seepage can be seen immediately rather than relying on mechanical detection equipment underground. Both above ground or buried tanks meets EPA standards. In order to provide limitations on what areas are most suitable for above ground fuel tanks, staff suggests that only the SCI and Public zones have these tanks be listed as Conditional Uses. This eliminates residential zones and busy commercial areas in the center of town. For your reference, the current code language is provided in Attachment "C". The following Code sections are proposed for amendment: (SCI zone) Section 5-211 C. - under list of Conditional Uses, add new .9 Above ground fuel storage tanks (Public zone) Section 5-220 C. - under list of Conditional Uses, add new .4 Above ground fuel storage tanks (Miscellaneous provisions) Section 5-509 A. - amend to read "All fuel storage tanks shall be completely buried beneath the surface of the ground except that above ground storage tanks may be approved as Conditional uses in the Service/Commercial/Industrial (SCI) and Public zone districts. Staff believes that no changes are warranted to the review standards in place for Conditional Uses. Section 7-1102 of the Land Use Code establishes the following review criteria for Code amendments: A. Whether the proposed amendment is in conflict with any applicable portions of this chapter. Response: � No conflicts will arise because of the proposed amendments. B. Whether the proposed amendment is consistent with all elements of the Aspen Area Comprehensive Plan (A.A.C.P.) Response: The proposed amendments are consistent with the A.A.C.P. C. Whether the proposed amendment is compatible with surrounding Zone Districts and land uses, considering existing land use and neighborhood characteristics. Response: Staff has considered which zones would be appropriate for above ground fuel tanks. Residential' zones and dense commercial zones are deemed unsatisfactory. The reviews conducted 5 i' through the Conditional Use process will allow consideration of site -specific conditions as well as important public comment on any proposal. D. The effect of the proposed amendment on traffic generation and road safety. Response: No greater impacts to the site and neighborhood are expected because of the text amendments. By keeping the refueling operations at this central location, the overall road time/mileage by city maintenance and fleet vehicles will be minimized. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether and the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, and emergency medical facilities. Response: When a Conditional Use application is made, staff will incorporate the review into its regular work load. It is not expected that many new cases will arise from the proposed text amendments. No other impacts to public facilities are expected. F. Whether and the extent to which the proposed amendment would result in significantly adverse impacts on the natural environment. Response: The proposal establishes a process for reviewing any impacts to the environment. It will allow for an alternative when below grade installations may not be desirable. With each review, Environmental Health, Engineering, and Fire Marshal will be called upon to submit comments/requirements based on their area of expertise. G. Whether the proposed amendment is consistent and compatible with the community character in the City of Aspen. Response: Conditional Use review will allow site specific consideration of compatibility for each proposal. Additionally, staff expects that the number of applications will probably be very low. H. Whether there have been changed conditions affecting the subject parcel or the surrounding neighborhood which support the proposed amendment. Response: The EPA is requiring the removal of the existing tanks. Neighbors have expressed concern about soil and groundwater contamination. There are limited Public and SCI zones, so there will not be a city-wide effect. Again, the Conditional Use review requires consideration of each site on its own merits and impacts. 6 I. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this chapter. Response: Above ground storage tanks are easily monitored visually and can be successfully screened from view. Underground tanks must have mechanical monitoring systems. By allowing both with certain review processes, the public has choices not previously available. The Conditional Use process is important as 'Olt requires a public hearing to help determine the public interest on a case by case basis. ----------------------------- Conditional Use Review: Concurrent with the above rezoning and text amendment proposals, the applicant seeks conditional use approval for above ground fuel tanks in the Public zone. Section 7-301 of the 'Land Use Code establishes the following review criteria: A. The conditional use is consistent with the purposes, goals, objectives and standards of the Aspen Area Comprehensive Plan, and with the intent of the Zone District in which it is proposed to be located. Response: The proposed text amendments will allow above ground fuel tanks as Conditional Uses. The 1973 Land Use Map shows this area as a public use. Allowing the tanks at this location augments the City's use of this site. B. The conditional use is consistent and compatible with the character of the immediate vicinity of the parcel proposed for development and surrounding land uses, or enhances the mixture of complimentary uses and activities in the immediate vicinity of the parcel proposed for development. Response: The fuel tanks will be located at the rear of the property. The storage of heavy equipment in the shop yard will help screen the bulk of the tanks' mass. The applicant also proposes that the existing chain link fence along the street and river frontage will be replaced by a 6' wood fence to improve the area's appearance. However, due to seasonal limitations, the applicant proposes that the new fence be installed no later than June 1, 1992. Existing vegetation along the river will help blend the fence in to the surrounding environment. Thus, the entire shop compound will become more compatible with the neighborhood. C. The location, size, design and operating characteristics of the proposed conditional use minimizes adverse effects, including visual impacts, impacts on pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and odor on surrounding properties; and 7 Response: As noted, -the location of the tanks at the rear of the site will reduce potential visual impacts. Fueling operations will continue to be at the street but will be moved to the north of the current location adjacent to the main building. This will separate the fueling area and the street by approximately 501 which is a improvement from the current 101 separation. In addition, the above ground tanks will be far easier to move in the future if the City Shop facility moves to a new location. D. There are adequate public facilities and services to serve the conditional use including but not limited to roads, potable water, sewer, solid waste,, parks,, police,, fire protection, emergency medical services, hospital and medical services, drainage systems, and schools. Response: All neighborhood infrastructure is in place- and ---- increases are not anticipated with this proposal. E. The applicant commits to supply affordable housing to meet the incremental need for. increased employees generated by the conditional use. Response: No changes in personnel result from this request. There is no increase to FAR or net leasable area requiring mitigation. F. The proposed conditional use complies with all additional standards imposed on it by the Aspen Area Comprehensive Plan and by all other applicable requirements of this chapter. Response: All standards are being met by this proposal. (Please note: A maintenance facility is not a permitted use in the R-30 zone but is listed as a Conditional Use in the PUB zone. Due to a notification error, a specific Conditional Use for the maintenance shop must be heard separately and will be scheduled as soon as possible.) STAFF RECOMMENDATION: Planning Staff recommends approval of the rezoning of the City Shop parcel from R-30 to Public (PUB) approval of the text amendments to include above -ground fuel tanks as conditional uses in the Public (PUB) and (SCI) zones,, and Conditional Use approval for the above ground fuel tanks as shown in Attachment "Alle Staff recommends the following amendments to the Land Use Code: (SCI zone) Section 5-211 C. - under list of Conditional Uses, add new .9 Above ground fuel storage tanks 8 Public zone) Section 5-220 C. - under list of Conditional Uses, add new .4 Above ground fuel storage tanks (Miscellaneous provisions) section 5-509 A. - amend to read "All fuel storage tanks shall be completely buried. beneath the surface of the ground except that above ground storage tanks may be approved as Conditional Uses in the Service/Commercial/Industrial and Public zone districts. Staff recommends the following conditions be attached to the conditional use approval: 1. All State and Federal environmental requirements and Aspen Fire Marshal requirements must be followed. 2. The screen fence along Power Plant Road and adjacent to Castle Creek must be in place no -later.-than June _ 1, 1992.- 3. An insubstantial PUD amendment shall be processed for Planning Director approval prior to final ordinance adoption by City Council. Attachment: "A" - Existing Zoning map / location of parcel "B" - Referral Comments "C" - Current Code Text jtkvj/cityshop.memo 9 k4a 146 lj,r To: KIM JOHNSON From: JACK REID Date: November 14, 1991 Subject: CITY SHOP FUEL TANKS The following is information about the proposed relocation of the above ground fuel tanks at the City Shop. See attached map for reference. 1- The concrete berm which will contain the tanks (22'x251) will be approximately 115' back from the existing chain link fence. It will be 38' from the Shop proper and 30' from the relocated power pole (shown on map in new position). This location has been approved by Aspen's Fire Marshall and the Environmental Health Dept. We also had an on site meeting with the citizens of Sneaky Lane to help us decide where to put it from a visual point of view. 2- The pump island will be located outside the fence and south of�the gate. This should lessen the impact to traffic from the existing fueling location as the new island will be 50' from the road instead of 101. There will be more room for large equipment to fuel without sticking out into the road as we do now. 3- The new fence is proposed to be cedar and will be 6' tall. It will be of vertical slats placed close together so as to be a visual block. The existing fence goes only from the shop to the creek and we propose to carry it around all the way to the cold storage shed as shown on the map. Because of the time of year, i.e. frozen ground, we would request that the fence be in by June 1st, 1992. We would very much appreciate that leeway. SANDRA L. READ & JOHN P. FOLEY 501 SNEAKY LANE BOX 4307 ASPEN, COLORADO 81612 303-920-1551 December 2, 1991 By Hand Ms. Jasmine Tygre Chairwoman Aspen Planning and Zoning Commission 130 South Galena Street Aspen, Colorado 81611 re: Comments re Rezoning and Conditional Use Review Approvals for the City of Aspen Maintenance Shop Property, 1080 Power Plant Road Dear Ms. Tygre: In response to the Notice regarding the above captioned matter published in the October 17, 1991 edition of The Aspen Times the following comments are submitted. As the contiguous property owners to the City Maintenance Shop, we are directly affected by the City's applications BACKGROUND The City Maintenance Facility is at present a non -conforming use of a property zoned R-30, PUD. The City's application to have_ the: zoning for the property changed to Public is in part the result of the mandated removal of the existing underground petroleum storage tanks on the property. If the City were to replace, in situ, the existing tanks there would be no necessity for this proceeding. However, in the interest of substantial cost savings, in the interest of environmental safety, and, after having investigated and evaluated alternative petroleum storage and refueling facility sites, the City decided to replace the existing tanks with above ground petroleum storage tanks. Consequently, the zoning of the maintenance facility has to be changed and current municipal code provision prohibiting above ground petroleum storage tanks must also be changed. DISCUSSION As the City had been made been aware of the concerns of the neighbors regarding the potentially hazardous environmental impacts of the facility, the operations of the facility, the general maintenance of the facility, and the overall character of the facility, on Thursday, November 7, 1991, representatives of the City Streets Department, the Environmental Health Department, the Planning Office, and the Planning and Zoning Commission met with a group of neighbors of the facility. The purpose of this meeting was not only to discuss the status of the City's plans to install above ground petroleum tanks on the property, but also to discuss the other concerns of the neighbors. At that meeting the City's committed to undertake three actions which directly address some of the neighbor's concerns. First, the City committed to the relocation of the recently constructed concrete storage pad for the above ground petroleum storage tanks from its current position adjacent to Castle Creek. The new tanks are to be installed in the open space between the shop facility and the storage shed, approximately 100 feet from the banks of Castle Creek. Second, the City committed to an overall environmental assessment of the entire property at such time as the current below ground petroleum storage tanks are removed. At that time, depending upon the conditions found at the site of the existing tanks, the City may or may not have to perform remedial site work. Regardless of the conditions discovered at the tank site, given the types of uses the property has been put to over the years, the City agreed to expand the environmental assessment to include the entire property. And, third, in response to neighborhood concerns with the general cleanliness and appearance of the property, the City committed that the property would be subjected to not only a general cleanup in the spring, but also to landscaping. This landscaping is to include fencing for at least a portion of the property and, the Planning Office would have a staff member expert in landscaping assist on the project. RECOMMENDATION Since the City is constrained as to where the m4int.enance facility can be located, and since the City has made commitments to the surrounding neighbors of the maintenance facility to mitigate the impacts of the facility on the surrounding neighborhood, we have no objection to the change in zoning for the property. Our support for both the zoning change and the Conditional Use Review Approvals sought by the City are predicated upon the commitments made by the City. Although we support the changes sought by the City, we do so only insofar as the property is used as the site for the maintenance facility. We do not support the use of the property for any other purpose. Therefore, we recommend that the City be granted a Conditional Use Review Approval for the property to be used only. as the maintenance facility. Uses for the site for such purposes as siting a Satellite Dish Antennae, as noted in the Notice, we strongly oppose as such uses were never the topic of discussion between the City and the neighbors. Sincerely, John P. Foley cc: Robert Camp Thomas Starodj Pietro Danieli Susan Carter William Jordan Kim Johnson