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HomeMy WebLinkAboutminutes.apz.19911203 \,/..1 0' RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION DECEMBER 3. 1991 Chairlady Jasmine Tygre called meeting to order at 4:30pm. Answering roll call and Jasmine Tygre. excused. were Sara Garton, Richard Compton, Bruce Kerr, Tim Mooney, David Brown and Roger Hunt were COMMISSIONER COMMENTS There were none. STAFF COMMENTS Diane: Brought up meeting date for work session. It was decided to wait until meeting of December 17th when more members would be present to decide on a meeting date. PUBLIC COMMENTS There were none. ASPEN VILLAS PUD AMENDMENT Jasmine opened the public hearing. MOTION Richard made a motion to continue this hearing to date certain of January 21, 1992. Sara seconded the motion with all in favor. Kim: write meet. This is going to be the last continuance. We are going to them a letter stating that they have certain obligations to Diane: And if they choose to ignore them we are going to go through zoning enforcement and address it through the courts. It has been red tagged for over 14 months now. CITY OF ASPEN MAINTENANCE SHOP TEXT AMENDMENT MAP AMENDMENT AND CONDITIONAL USE Jasmine opened the public hearing. Kim Johnson made presentation. (attached in record.) Bruce: If your recommendation is to rezone this to public why is it necessary to also make it a conditional use in the SCI zone? PZM12.3.91 If we are doing this for this one project why add that as a conditional use to SCI? Kim: We wanted to make sure that as we are going through this code amendment that we would be considering any other principle zone districts so not as to exclude any potential for the type of businesses that could use something like this. Bruce: I appreciate that. written if there was some tanks underground then why My thought is that when the code was overriding purpose for having storage expand and change that philosophy? Jack Reid, streets Dept: You know the fuel tanks that sit up on metal stands? That was the original reason for writing the code back in the 70s. They are unsightly and they are unsafe. Technology and a lot of other things have happened since then. And the type of above ground tanks that we wish to install are completely different as far as safety is concerned. They are an aesthetic impact. But from an environmental and safety point of view they are the only way to go. You can be as safe with underground tanks for a great deal more money but you can't be any safer. Having things above ground where you have more than ample containment if a tank should rupture or if a leak should happen and the ability to pump it out immediately and not have to re-excavate down to a concrete enclosure buried under the ground. We will have visual tank monitoring at any time reference for having computerized tank monitoring system that mayor may not fail where you could conceivably have a leak and not know it for days or weeks or ever. And with above ground being visual. And also this is low profile as opposed to the old 10ft high thousand gallon tanks that used to stay up on stands. That we believe to be the primary reason for the original writing up the code. The kind of thing we wish to put in right now wasn't even a factor or considered back at that time. Bruce: I am not objecting to this proposal. I am just wondering whether it is necessary to expand that as a conditional use in that other zone district when that is not what we are talking about here. If your recommendation is that this be rezoned Public, yes, let's have it a conditional use in a Public zone. But why just give that as an opportunity for somebody to come in in the future? Reid: If someone were to come in in the future who needed fuel tanks and have the option of going above ground and it was in all concerns the best interest including and especially the environment, you would want to be able to grant that assuming they mitigate the aesthetics. 2 PZM12. 3.91 Sara: I would request that we have a zoning map in here again. Bruce: Have the retail suppliers of fuel in the upper end of the valley been checked on this as to what are their feelings about it? And does it create a competition situation where somebody is able to put in their tanks in their SCI zone instead of buying their fuel from--whoever? Diane: We didn't look into that. Reid: Your retailers don't have the physical room--a gas station doesn't have a place to put a tank above ground the size necessary. Bruce: I understand that. What I am asking you is would there be a concern on their part that somebody else is going to start buying fuel wholesale and putting in their own tank and outlying shop or whatever. Reid: The City doesn't even buy wholesale. The City buys tax exempt. There is not a competition there between private and government in this particular instance at all. Kim: The review criteria staff feels that all of the particular criteria are met and particularly the criteria as to whether the proposed amendment is compatible with the surrounding zone districts and land use. We did feel that residential zones typically are not appropriate for above ground tanks. The situation is that the maintenance facility has been there in that location much longer than the residential neighborhood which grew up around it and in an effort to nullify their concerns they had the big concern about the below ground tanks potentially polluting the ground water. So this is a joint resolution as far as having to keep our fueling facilities there for the time being. This proposal is going to move the fueling operation farther to the north and farther away from the road. Reid: The operation will all be computerized now for City vehicles for the fueling and for accounting for the fuel. All City vehicles will fuel there out of the way--cars, Police cars, heavy equipment. Sara: How does the fuel get from the tank to the pumps? Reid: Through lines that go underground. They are re-enforced fiberglass. And they are only 2ft deep as opposed to 10ft deep. They are designed against permafrost and bedded in sand. There will also be no electricity at the fuel tanks. The console being the computer type and so there will be no need for electricity at the tanks. Were a leak to occur the computer would tell us right away if we were losing fuel. 3 PZM12.3.91 Richard: It is much easier to monitor a line than a whole tank. Kim: The compatibility issue: The neighbors were concerned with the general condition and upkeep of the shop area. Jack has committed to improving not only general cleanup in the area of the shop but also to replacing the existing chain link fence with a 6ft wood screen fence. He will also add screening to the fuel tank itself. Reid: We are going to paint the tanks green in the Spring. Kim: staff feels that the other criteria for conditional use has been met regarding public facility and there is no need for affordable housing requirement for this use. We will come back to have separate conditional use hearing for the maintenance facility. Sara: I want to express my dismay as a citizen that this was exempted from Stream Margin Review. I think for other citizens in this town that was an enormous loss of trust in government that somehow government got away with no stream Margin Review on something as essential as fuel tanks next to a river. Kim: I processed that Stream Margin Exemption a year and a half ago. Engineering and I discussed the ramifications to the site and upon completion of the replacement of underground tanks there would be no change to the site. Sara: 1958. But it should be reconsidered because they were put in in Now we know better. Diane: The actual review itself was not brought before you, the Planning commission. It met the criteria for an exemption in that whether staff should have said "OK, we will bring it to the P&Z for their review". It did meet that criteria so there wasn't any sort of in-house huddling on how we could avoid going through that process. The standards are in place for an exemption. It still requires review by Environmental Health, Fire Marshal, Engineering and the Planning Dept. It just was not brought forward to you. It wasn't a purposeful avoidance of that. Sara: You said the standards were in place. Why weren't the standards changed for fuel tanks next to a river? Diane: Stream Margin Review was put in place to address more of flood hazard construction in floodways as opposed to so-called environmental considerations. Kim: Communications with neighbors: I have a letter from John 4 PZM12.3.91 Foley. (attached in record) Basically it is saying that Mr. Foley and Tom Starodoj (neighbors) are in agreement with staff's representation and conditions of approval. They have the general concern about the condition of the shop itself and the grounds there. He re-iterated that Jack had offered to do an environmental assessment of the site based on the fact that there have been underground fuel tanks. Staff will look at additional landscaping next Spring when the fence is put up. We support the changes sought by the City insofar as the property is used for this facility. I would also state that Jack has submitted the appropriate public notice affidavit. (attached in record) Reid: We know that before 1958 it was a power plant and it was a power plant for 100 years. For a period of 1 year the power plant, the Street Dept and Electric Dept existed together and then it ceased to be a power plant. It has been the street maintenance facility for the city ever since. They had diesel turbine for however many years it was a diesel power plant. I told Mr. Foley and the neighbors that I would take core samples along Castle Creek where it goes around the shop coming up the west side and across the north side and have Chen Laboratories do that next Spring to determine whether or not in fact there has ever been or is existing now any contamination. If there were a problem the City--we would have to mitigate. Jasmine opened the hearing to public comment. Bill Sharp: I am not part of the Sneaky Lane neighborhood. I just found out about this. I live over on Cemetery Lane. I own the house where my Son lives overlooking it on Francis st up on top of the bank. I am amazed that you entertain looking at these things. The safety thing-I am not an expert. I just don't think it is a nice thing to look at. And then the thing that worries me more is that you try to change the wording that they are already outlawed- as I understand it--that you are able to do this all around town. Jasmine: Only in this area and one other area where it would be a conditional use. Sharp: Well, up on Cemetery Lane where I live-- Jasmine: It would not be allowed up there. Sharp: Well, I live next to the park. The facility there has done several of those above ground tanks. 5 PZM12.3.91 There being no further public comment, Jasmine closed the public portion of the hearing. Sara: You mentioned that in 1973 the comprehensive plan zoned this as public? Kim: It showed it as public use. Sara: It suggested it as public. What is suggested now in the new work we are doing in the community plan? Kim & Diane: There was no answer on this. Richard: I would like to commend Jack and the Planning staff on their handling of this and their seeking out of neighborhood input. I think that what you are doing is a major improvement over underground tanks at creek level. It is a timely move in that regard. I know that I would love to see the maintenance shops go somewhere besides near the river bottom if you can find the space. I am sure the neighbors would too. Is there any thought of what to do with the building if you ever find a place to move to and can afford to? Jack: It would make a wonderful museum. It would make an incredibly beautiful theatre. There are all kinds of opportunities for that building. Jasmine: I think that this is an improvement. And I think it was handled very well. I really would like to see on this as with all condi tional uses some kind of yearly review. The reason that something is a conditional use is because it is unusual for a particular zone district. It is not a use that is permitted by right. I would like to see that in this even moreso than in most. Kim: You can make this a condition of approval. this to be a standard condition? Would you want Jasmine: I have been lobbying for this all along. I think it would have avoided us having a Mezzaluna. If that had been a yearly review the misrepresentations that were made at the time would have come to light. And they would either have been corrected or that would have been the end of that. It would give us the opportunity in case something goes wrong. I really don't think is gong to happen in this instance. When you have a conditional use review that is subject to a yearly review it really gives you an enforcement tool. Richard: That would help us with the accessory dwelling units. 6 PZM12.3.91 Bruce: I am in favor of this project. I think it has been done well and I am satisfied that it is going to be safe. I do have some concerns about Jasmine's proposal. I think if we were living in a utopian world with unlimited resources and staff it would be great to review everything every year. But I don't think we are in that kind of world and I am concerned about creating additional work load for staff and us as well. I share her concerns but I am not in favor of having all conditional uses reviewed on an annual basis by staff or Planning & Zoning Commission. Sara: However on this project I would like to look at this in a year. What if the plastic pipe is leaking. What if people are dumping into that big retaining wall? Bruce: If it is, the EPA is going to be allover our case worse than anything we could ever do to us. Jack: We are monitored by our own Environmental Health Dept. They come and see us all the time. We have a built in check system designed into this system also for monitoring fuel levels and detecting loss beyond what is pumped out. MOTION Richard: So this is doing the conditional use in one swell foop? rezoning text amendments and Or shall we separate them? Jasmine: I think we can do them all together. Richard: I will move to approve the rezoning of the city Shop parcel from R-30 to Public. Also approval of the text amendments to include above ground fuel tanks as a conditional use in the Public and SCI zones. And conditional use approval for the above ground fuel tanks at the city Shop site as shown in attachment A in the staff's memo dated December 3rd, 1991 (attached in record) including conditions #1 through #3 regarding state and Federal environmental requirements--fence to screen the property and an insubstantial PUD amendment to be processed by the Planning Director. Bruce seconded the motion with all in favor. KRAUT PARCEL MAP AMENDMENT Jasmine opened the public hearing. MOTION Bruce: I move to table this item to December 17, 1991 and continue the public hearing to that date. 7 PZM12.3.91 Sara seconded the motion with all in favor. HISTORIC DESIGNATION MAINTENANCE SHOP Roxanne: Made presentation regarding landmark designation. (attached in record. After discussion: MOTION Bruce: I designation Shop. move that we recommend to City Council landmark of the Castle Creek Power Plant also known as the City Richard seconded the motion with all in favor. Jasmine then adjourned the meeting. Time was 6:00pm. '- I \ 8