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HomeMy WebLinkAboutcoa.lu.sm.Castle Creek Power Plant.1080 Power Plant.A40-90 s CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 7 26 90 PARCEL ID AND CASE NO. DATE COMPLETE: A44 -90 STAFF MEMBER: i<1.- PROJECT NAME: City of Aspen Streets Dept., Stream Margin Exemp Project Address: 180 Power Plant Road, Aspen Legal Address: APPLICANT: City of Aspen. Engineering Department Applicant Address: REPRESENTATIVE: -10/1(51 �A j t Representative Address /Phone: PAID: YES `NO AMOUNT: NO. OF COPIES RECEIVED: 1 TYPE OF APPLICATION: 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO / CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: REFERRALS: School District City Attorney Mtn. Bell \ >/ City Engineer Parks Dept. Rocky Mtn Nat Gas r- Housing Dir. Holy Cross State Hwy Dept(GW) Aspen Water Fire Marshal State Hwy Dept(GJ) City Electric Building Inspector Envir. Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center DATE REFERRED: 0/ 3 r 9z' INITIALS: /4 FINAL ROUTING: DATE ROUTED: . 1 STqD INITIAL: i _ City Atty City Engineer _ Zoning _ Env. Health _ Housing Other: 1 FILE STATUS AND LOCATION: IL ......4 h.- r I M ' 1 ()L.." ATIAQ fr 1 0 LAND USE APPLICATION FORM 1) Project Name STREETS DEPARTMENT FUEL STORAGE TANK REPLACEMENT 2) Project location CITY SHOP, 180 POWER PLANT ROAD, S.W. 1/4, sec. 12, T -10 -S, R -84 -W, 6th P.M. (indicate street address, lot & block number, legal description where appropriate) 3) Present Zoning R -30 PUD 4) Lot Size 87, 264 sq. ft. 5) Applicant's Name, Address & Phone # CITY OF ASPEN, 130 S. GALENA STREET ASPEN, CO 81611 920 -5000 6) Representative's Name, Address & Phone # JIM GIBBARD, CITY ENGINEERING DEPARTMENT, 130 S. GALENA STREE, ASPEN, CO 81611 920 -5085 7) Type of Application (please dnedc all that apply): Conditional Use _ Conceptual SPA Conceptual Historic Dev. _ Special Review Final SPA _ Final Historic Dev. _ 8040 Greenlineptual RID Minor Historic Dev. Stream Margin Final RID Historic Demolition Mountain View Plane _ Subdivision _ historic Designation Cbndominiumization _ Test /Map Amendment _ GMOG Allotment Lot Split /Lot Line ____ CHIOS Exemption Adjustment 8) Description of FSnstim Uses (number and type of existing approximate sq_ ft.; number of bedrooms, ' any previous approvals granted to the ProPert-Y) - ONE BUILDING WHICH IS THE CITY SHOP AND ONE WHICH IS A VEHICLE STORAGE SHED. TOTAL AREA OF THESE BUILDINGS IS APPROXIMATELY 1000 SQ. FT. 9) Description of Development Application REPLACEMENT OF THREE UNDERGROUND FUEL STORAGE TANKS WITH TWO WHICH WILL BE EQUAL IN CAPACITY TO THE ORIGINAL THREE n 6 10) Have you attached the following? X Response to Attachment 2, Minimum Submission Contents X Response to Attachment 3, Specific Submission , S�eC ].on Q)rlteflt.; X Response to Attachment 4, Review Standards for Your Application ORDINANCE (SERIES OF 1992) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, REZONING THE CITY MAINTENANCE SHOP PARCEL FROM R -30 LOW DENSITY RESIDENTIAL TO PUBLIC (PUB). THE SITE IS A 27,000 SQUARE FOOT METES AND BOUNDS PARCEL LOCATED AT 1080 POWER PLANT ROAD, S.W.1 /4, SEC.12, T -10 -S, R -84 -W, 6TH P.M. WHEREAS, Section 24 -7 -1103 of the Municipal Code provides that amendments to the official zone district map shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, an application was submitted to the Planning Office for rezoning the City Maintenance Shop parcel from R -30 Low Density Residential to Public (PUB); and WHEREAS, the Planning Director reviewed the request and found the rezoning request consistent with the existing and future use of the parcel, and recommended approval of the same to the Planning and Zoning Commission; and WHEREAS, the neighbors of the City Shop who have been concerned about the existence of the City Maintenance Shop participated in discussions with staff regarding the proposed rezoning, and support the request; and WHEREAS, the Planning and Zoning Commission reviewed and approved the rezoning request, by a vote of 4 -0 at a public hearing on December 3, 1991, as recommended by the Planning Director and associated with the City Maintenance Shop submission pursuant to procedure as authorized by Section 24 -6 -205 (A) 8 of the Municipal 1 — Code; and WHEREAS, the City Council, having considered the recommendations of the Planning and Zoning Commission does wish to grant rezoning of the City Maintenance Shop parcel to Public (PUB). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: That it does hereby rezone the City Maintenance Shop parcel from R -30 Low Density Residential to PUBLIC (PUB). Section 2: The Official Zone District Map for the City of Aspen shall be and is hereby amended to reflect that rezoning as set forth in Section 1 above and such amendment shall be promptly entered on the Official Map in accordance with Section 24 -5 -103 B. of the Municipal Code. Section 3: That the City Clerk is directed upon adoption of this ordinance, to record a copy of this ordinance in the Pitkin County Clerk and Recorder's Office. Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 2 .. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Section 6: A pu�bli�c on the Ordinance shall be held on the 24 day of �� U , 1992 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by I the City Council of the City of Aspen on the 077 day of \ 1992. John Bennett, Mayor Kathryn Koch, City Clerk F NALLY, adopted, passed and approv d this a24/ day of 1992. AA f �j� _ 0 rank Peters, Mayor Pro Tem AT EST: & r 4.-2..7_..... Kathry /S. Koch, City Clerk 3 ORDINANCE (SERIES OF 1 92) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, AMENDING CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING SUPPLEMENTARY REGULATIONS AND THE LIST OF CONDITIONAL USES FOR THE PUBLIC (PUB) AND SERVICE / COMMERCIAL / INDUSTRIAL (SCI) ZONES TO INCLUDE "ABOVE- GROUND FUEL STORAGE TANKS ". WHEREAS, Section 24-7 -1103 of the Municipal Code provided that amendments to Chapter 24 of the Code, to wit, "Land Use Regulations ", shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at public hearing, and then approved, approved with conditions, or disapproved by the City Council at public hearing; and WHEREAS, the Planning Director did receive and has reviewed and recommended for approval a certain text amendment to Chapter 24 arising from the City Maintenance Shop submission relating to rezoning, conditional use for above - ground fuel storage tanks, and • Historic Landmark Designation, and conditional use review for above - ground fuel tanks; and WHEREAS, the Planning and Zoning Commission has reviewed and approved at public hearing those. Code text amendments as recommended by the Planning Director and associated with the City Maintenance Shop submission pursuant to procedure as authorized by Section 24- 6- 205.(A) 8 of the Municipal Code; and WHEREAS, the City Council finds that the proposed text amendments as approved and recommended by the Planning and Zoning COmmission are consistent with the goals and elements of the Aspen Area Comprehensive Plan and are not in conflict with other portions of Chapter 24; and WHEREAS, the City Council finds that the proposed text amendments will allow and promote compatibility of zone districts and land uses with existing land uses and neighborhood characteristics and will be consistent with the public welfare and the purposes and intent of Chapter 24 of the Municipal Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN COLORADO: Section 1: Section 24 -5 -509, "Miscellaneous Provisions ", of Division 5 of Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended at "A. Fuel Storage Tanks ", which new text shall read as follows: A. Fuel Storage Tanks. 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. Section 2: Section 24 -5 -211, Service /Commercial /Industrial (S /C /I), of Division 2, "Zone Districts ", of Article 5 of Chapter 24 of the Municipal Code of the City of Aspen,. Colorado, is hereby amended by adding new subsection "C (9)" to "conditional Uses ", which new subsection shall read as follows: Sec. 5 -212 C. Conditional Uses. 9. Above ground fuel storage tanks Section 3: 2 / Section 24 -5 -220, "Public (PUB) ", of Division 2, "Zone District ", of Article 5 of Chapter 24 of the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding new subsection "C (4)" to "Conditional Uses ", which new subsection shall read as follows: Sec. 5 -221 C. Conditional Uses. 4. Above ground fuel storage tanks Section 4: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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. Section 6: A public hearing on this Ordinance shall be held on the at day of ,_1992 in the City Council .Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the -7 day of 3 CA 1992. , John Bett, Mayor AT EST: Kathryn . Koch, City Clerk FINALLY, adopted, passed and approv d this - day of 1992. R ATTEST: F ank Peters, Mayor Pro Tem Kathryn Roch, City C erk 4 MAY I4 Robert C. Camp Cynthia A. Curlee 505 Sneaky Lane, P.O. Box 692 Aspen, CO 81612 May 14, 1992 Mr. Michael Claffey Biology Regulation Section U.S. Army Corps of Engineers 402 Rood Ave. Rm 142 Grand Junction, CO 81501 Dear Mr. Claffey: We understand that you will be visiting Aspen during the week of May 18. Bill Gruenberg suggested we write you regarding the City Shop on Power Plant Road and the riparian habitat that it impacts. Over the last year, the City, neighbors, Historical Society, and others have been concerned about the present condition and the future of this facility. The City has been very helpful in this process, and, among other things, has agreed to a general clean up of the shop and surrounding area. We, as neighbors, and I'm sure the City, would appreciate your input regarding impacts on Castle Creek and its streambanks. Of particular interest to us are the following: 1. The streambank and bed on the north side of the shop has considerable debris, old signs, scrap metal, old asphalt, etc. 2. Street cleaning vehicles are regularly cleaned on the edge of the creek with refuse dumped in an area to filter into the creek. 3. Condition of stream back on east side of Power Plant Rd. Should there be a curb with a wider riparian zone established? 4. Direct drain into the stream off Castle Creek bridge on east side of creek. Any thoughts you have in these or other matters would be most appreciated. We look forward to hearing from you and would appreciate meeting you, if you have a moment while in Aspen. Sincerely, Co B. Gruenberg C� Copy: 925 -5049 Kim Johnson 925 -3771 J. Foley r United States Office of EPA!530iUST- 88/008 (nv rental Protection Ungd o A Tanks September 1988 Age Washington DCStr . i_ 60 &EP Musts for USTs - T "t-2.-;:::::-:.------ v �. ' > y h 'v� Y tc 2.-e.) ' 4„ .j7 ...;; ;92. 1 . 2::::::<:• 4 ‘.:".1. z. : - r F L `L':5c - k fi y 3•g Y X R i { .+t a yT T 'fit ` • . .l. ` s s = Y' ; � k' ,. _ £ t ,e 44 ,. Fe • ,t - r c r Y �z jLae S r;• '1 'K Ai tsr i LybY 1' ' fiypY Y .. ' . .:: 1 . - rtis wy G a. Musts for USTs A Summary of the New Regulations for Underground Storage Tank Systems U.S. Environmental Protection Agency Office of Underground Storage Tanks September 1988 • II si TABLE OF CONTENTS hat Are These Regulations About ?' 1 W 7 Do New Petroleum USTs Need? What About Existin Petroleum USTs? 13 How Do You Correct Problems Caused By Leaks? 19 How Do You Close USTs? 23 What About Reporting And Recordkeeping? 25 For Chemical USTs Only 27 Technical Questions & Answers 31 Videos, Brochures, and Handbooks on USTs - 37 Industry Codes And Standards 39 *The financial responsibility requirements are not summarized in this booklet_ A complete explanation of your financial responsibility requirements will appear in the Federal Register and in an EPA brochure later in 1988. PAGE 1 WHAT ARE THESE REGULATIONS ABOUT? The U.S. Environmental Protection Agency (EPA) has written regulations for many of the nation's underground storage tank systems. This booklet briefly describes the new technical requirements for these systems, which include tanks and piping. You can find the complete regulations in the Federat Register. Properly managed, underground storage tank systems -- often called USTs -- will not threaten our health or our environment. Why Has EPA Written These What Are The Goals Of The New Regulations? UST Regulations? Several million underground storage tank sys- EPA has developed the UST regulations to tans in the United States contain petroleum or make sure the following goals are reached: hazardous chemicals. Tens of thousands of these USTs, including their piping, are cur- • To prevent Icaks and spills. rently leaking. Many more are expected to leak in the future. Leaking USTs can cause fires or • To find leaks and spills. explosions that threaten human safety. In addi- tion, leaking USTs can contaminate nearby • To correct the problems created by ground water. Because many of us depend on Icaks and spills. ground water for the water we drink, Federal legislation seeks to safeguard our nation's • To make sure that owners and opera - ground -water resources. tors of USTs can pay for correcting the problems created if their USTs Congress responded in 1984 to the problem of leak. leaking USTs by adding Subtitle I to the Re- source Conservation and Recovery Act • To make sure each State has a regu- (RCRA). Subtitle I requires EPA to develop latory program for USTs that is as regulations to protect human health and the strict as or stricter than the Federal environment from leaking USTs. regulations. 50 % - OF THE U.S. POPULATION USES GROUND WATER AS A SOURCE OF DRINKING WATER s • • saga. onallaallalifillMlanillala PAGE 2 WHY WORRY ABOUT LEAKS AND SPILLS? • Because your tank or its piping may leak As • Because it's in your best interest many as 25 percent of all underground storage Leaking UST sites can be very costly to tanks (USTs) may now be leaking. Many more clean up. Imagine how much money will leak in the near future, possibly including you'd lose if your tank could not be used yours. Your tank or its piping might be leaking for weeks during lengthy cleanups or if right now. If a tank system is past its prime local residents sued you for property (over 10 years damages. The old), especially if costs can run into it's not protected the thousands, against corrosion, perhaps as much the potential for �- 9 as $100,000 and leaking increases _/ / more. Detect and dramatically. \ ' clean up spills or Newer tank leaks -- before / systems \ G /�gl,�j \ ) they hurt you (especially the ! ��, �� financially. piping) can also v ` r leak, and spills can ; � , � 8/ '\ 1 happen anytime. "i^ r i. � # a rt Don't let your ��. . profits drain away. . , i • Because it's the law. But it's the law for good • Because it's for the good of the reason. Much of our country depends on community and the environment. Leaks ground water for drinking water, and leaked or and spills can have serious consequences. . spilled petroleum can contaminate this vital Petroleum can contaminate soil, drinking resource. Explosions are another potential water supplies, and air. Petroleum and its hazard. Many State and local governments, resulting vapors can also accumulate in therefore, already require specific steps to nearby confined spaces, such as septic prevent, detect, or clean up leaks and spills. tanks, sewers, and the basements of Others will soon have similar requirements. homes. These vapors are poisonous and Check with your local and State governments can cause a fire or explosion. to learn what requirements apply to you. PAGE 3 How Will These Regulations What's Your "Financial Affect You? Responsibility" For Petroleum The regulations describe the steps syou- -the Leaks? tank owner or operator -- need to take to help protect our health and environment. These A complete explanation of your financial re- steps will also help you avoid the high cost of Federal requirements will appear in the cleaning up the environment and defending Federal Register and in an EPA brochure later yourself in legal actions that can result your in 1988. if tank or its piping leaks. In general, owners or operators of petroleum You should note the following major points of USTs must be able to demonstrate their ability the UST regulations: to pay for damage that could be caused if their tanks leaked. These payments would need to • If you install an UST after December cover the costs of cleaning up a site (see page 20) and compensating other people for bodily 1988, it must meet the requ for new USTs concerning correct instal_ injury and property damage. lation, spill and overfill prevention, corrosion protection, and leak detection (see pages 7 -11). Who Is "The Regulatory • If you have an UST that was installed Authority "? before December 1988, it must meet This booklet describes EPA's basic require - two major requirements -- ments for USTs, but your State or local rcgula- 1) Requirements for corrosion protec- tory authority may have requirements that are somewhat different or more strict You will Lion and spill and overfill proven- need to identify your regulatory authority and its specific requirements for your USTs. If you 2 are not sure who your regulatory authority is, Leak detection requirements (see call your local fire marshal! for help. pages 14 -15). • You must take corrective action in re- sponse to leaks (see pages 19 -20). • You must follow closure requirements for tanks you temporarily or perma- nently close (see pages 23 -24). • You are financially responsible for the cost of cleaning up a leak and compen- sating other people for bodily injury and property damage caused by your leaking UST. Although these points are discussed in the fol- lowing sections, additional information appears in the "Technical Questions & Answers" sec- tion starting on page 31. PAGE 4 What's An "UST "? An UST is any lank, including underground • Septic tanks and systems for collecting piping connected to the tank, that has at least storm water and wastewater. 10 percent of its volume underground. The regulations apply only to USTs storing either • Flow- through process tanks. petroleum or certain hazardous chemicals. • Tanks holding 110 gallons or less. The "For Chemical USTs Only" section starting on page 27 identifies hazardous chemicals and • Emergency spill and overfill tanks. special requirements for chemical USTs. Gen- erally, the requirements for both petroleum and Other storage areas that might be considered chemical USTs are very similar. "tanks" are also excluded, such as surface im- poundments and pits. Some "tanks," such as Some kinds of tanks are not covered by these field - constructed tanks, have been deferred regulations: from most of the regulations. The regulations published in the Federal Register fully iden- • Farm and residential tanks holding tify various tank types and which requirements 1,100 gallons or Icss of motor fuel used apply 1.0 them. for noncommercial purposes. • Tanks storing heating oil used on the premises where it is stored. • Tanks on or above the floor of under- ground areas, such as bac•ments or tunnels. Excluded Excluded ?ice by Congress by EPA �.? , e as • < • w x�z Petroleum Chemical Deferred • UST Program Scope /\ PAGE 5 WHY DO USTs CAUSE PROBLEMS? 1 No Corrosion Protection Spills and Overfills Most of the UST systems In addition to leaks from tanks and already in the ground have tanks piping, spills and overfills cause and piping made of bare steel. many UST releases. When more , When unprotected steel is buried petroleum is delivered into the tank in the ground, it can be eaten than it can hold, an overfill happens. away by corrosion. The UST When the delivery truck's hose is regulations require corrosion disconnected incorrectly, a spill protection for all USTs. The results. The "Technical Questions "Technical Questions & & Answers" section identifies ways Answers" section explains how to combat spills and overfills (see corrosion works and ways to de- page 33). feat it (see pages 31 and 32). • t t Installation Mistakes Piping Failures Tanks and piping also leak if they EPA studies show that most Teaks are not put in the ground properly. result from piping failure. Piping is For example, if poorly selected or smaller and less sturdy than tanks. compacted backfill material is used It is assembled in the field with nu- when covering the UST, or if pipe - mcrous connections and usually in- fittings are inadequately attached to stalled near the ground's surface. the UST, then leaking can result. As a result, piping suffers much You can avoid mistakes made more than tanks from the effects of during installation by using an installation mistakes, excessive installer who carefully follows surface Toads, the stress of approved installation procedures. • underground movement, and corro- The "Technical Questions & sion. Using a skilled installer is Answers" section identifies ap= even more critical to the proper proved installation procedures (sec installation of piping. It is impor- page 33). ) rant to remember that the regula- tions apply to the entire UST system -- both tanks and piping. PAGE7 WHAT DO NEW PETROLEUM USTs NEED? You must meet four requirements when you in- stall a new UST system: • You must certify that the tank and pip- Properly ing are installed properly according to Installed industry codes. • You must equip the UST with devices Spill And that prevent spills and overfills. Also, you must follow correct tank Overfill filling practices. Protection • You must protect the tank and piping U Protected from corrosion. From • You must equip both the tank and pip- Corrosion ing with leak detection. The following sections provide basic informa- Equipped tion on these requirements. Also, see the With "Technical Questions & Answers" section Leak starting on page 31 for more information. Detection REMEMBER... - New UST systems are those that are installed after December 1988. Those USTs installed between May 1985. and December 1988 must meet two minimum re- quirements: ♦ The UST must prevent releases due to . corrosion or structural failure. • The stored contents mast be compat- ible with the tank's interior wan. After December 1988, these older USTs must meet the requirements for existing USTs (see pages 13 -17). allagiallanalli PAGES Installing UST Systems The Right Preventing Spills And Overfills Way Because human error causes most spills and First, install USTs correctly by using qualified overfills, these mistakes can be avoided by fol- installers who follow industry codes. Faulty lowing the correct tank filling practices re- installation is a significant cause of UST fail- quired by the UST regulations. If you and your ures, particularly piping failures. (Sec pages distributor follow these practices, nearly all 33, 37 and 39 for information on correct instal- spills and overfills can be prevented from hap - lation practices and industry codes.) You must pening. Also, the UST regulations require the also make sure that the contents you store are use of mechanical devices, such as spill catch - compatible with the UST system. ment basins and overfill alarms, to prevent these releases from harming the environment. Second, you will also need to certify on a noti- (Correct tank filling practices and preventive fication form (sec page 25) that you have used devices are identified on page 33.) a qualified installer who can assure you that your UST has been installed correctly. , ' .r f -------, j k '.- • K. " `C v. ' i � r .. r 1` _ - r `KvY ' Ar . . PAGE9 Protecting Tanks And Piping From Corrosion (( Tanks and piping must be protected or they will 1 1 1. be eaten away by corrosion: v a /1/, w N ' \ 9,- o._ ;77;/ e 1 1 41 %.1 N. "- 1; % •', p-- • Steel tanks and piping can be coated • Tanks and piping can be protected by with a corrosion - resistant coating and other methods approved by regula- "cathodically" protected. (Cathodic tory authority. protection uses either sacrificial anodes or impressed current, methods described on page 31.) • Tanks and piping can be made totally of • Steel tanks (but not piping) can be pro - a noncorrodible material, such as fiber- tected using a method in which a thick glass - reinforced plastic. (Metal piping - layer of noncorrodible material is connected to noncorrodible tanks still bonded to the tank. requires corrosion protection.) • . 4tM ____ rili o off' ■ jr As" Y ' `$° V , G4'. t w a t %�. , ; R fe ., ; 9 " "' - L ° :_-s-\ PAGE to Detecting Leaks From Tanks You must check your tanks at least once a For Young Tanks... month to see if they are leaking. An Alternate Leak Detection Method You must use one (or a combination) of the You have one additional leak detection choice, following monthly monitoring methods: but only for 10 years after you install your UST. Instead of using one of the monthly monitoring methods noted above, you can • Automatic tank gauging. check for leaks by combining monthly inven- tory control with tank tightness testing every 5 • Monitoring for vapors in the soil. years. After 10 years, you must use one of the monthly monitoring methods listed above. • Interstitial monitoring. • Monitoring for liquids on the ground water. • Other approved methods. Information on these leak detection methods appears in the "Technical Questions & An- swers" section on pages 34 -35. (Special re- quirements for USTs containing hazardous chemicals are described in the "For Chemical USTs Only" section on pages 27 -30. These USTs must use secondary containment and interstitial monitoring.) � i ... 4-- Tank Test ' ` Spill Device Vapor --• Monitor • Interstitial, Monitoring Monitor • Well In Tank Monitor • Barrier w/ Monitor • • • n . . %% Water Table Leak Detection Alternatives „was x r� /` PAGE 11 Detecting Leaks From Piping If your UST has suction piping, your leak de- tection requirements will depend on which type Because most leaks come from piping, your of suction piping you have: piping must have leak detection. • The most commonly used suction piping If your piping is pressurized, you must meet requires cithcr monthly monitoring the following requirements: (using one of the four monthly methods noted above for use on pressurized pip- ing) or tightness testing of the piping • The piping must have devices to auto- every 3 years. matically shut off or restrict flow or have an alarm that indicates a leak. • Another kind of suction piping is safer and not require leak detection. • You must either conduct an annual This safcr method has two main charac- tightness test of the piping or use one of teristics: the following monthly methods noted above for tanks: vapor monitoring, -- Below -grade piping is sloped so that ground -water monitoring, interstitial the piping's contents will drain back monitoring, or other approved monthly into the storage tank if the suction is methods. released. -- Only one check valve is included in each suction line and is located di- rectly below the suction pump. Vent Pipes Tank Truck 1 Fill Pipe _ 1 , IN ' t-770, ice: IS: • d Delivery Hose S • \ .-' D . • 0 Line Leak • • Detectors I. 4 . 1 .' 4 . .., . pp 1 Product Delivery Line Product Dispensers A Typical Tank Facility PAGE 13 WHAT ABOUT EXISTING PETROLEUM USTs? Existing UST systems arc those installed be Deadline For Corrosion Protection fore December 1988. In addition to immedi- And For Devices To Prevent Spills ately starting tank filling procedures that will prevent spills and overfills, you will need to And Overfills meet the following requirements for corrosion protection, spill and overfill prevention, and By December 1998 (10 years after the UST leak detection. (The chart on pages 16 -17 dis- regulations become effective), USTs that were plays these requirements and when you must installed before December 1988 must have: meet them.) • Corrosion protection for steel tanks and piping (see page 9). • Devices that prevent spills and 'u� overfills (see page 8). ' Although the regulatory deadline is in 1998, you should make thcsc improvements as soon as possible to reduce the chance that you will be liable for damages caused by releases from substandard USTs. !G coR� OStOW p P. [E 101 AND SPILL /OVERFILL- PR E u xJ C19 . A UT; �d [1 C ` PASS 199g W f :HO T PAGE 14 Deadlines And Choices For Leak Detection Deadlines... Choices For Existing Tanks... 1 rak detection requirements are being phased You have three basic choices for making sure in for existing USTs depending on their age: your tanks are checked at (cast monthly to see if they arc leaking: It must have leak If the tank was detection by • You can use any of the monthly installed... December of._ monitoring methods listed for new tanks on page 10. before 1965 or unknown 1989 1965 -1969 1990 • If your UST has corrosion protection or 1970 -1974 1991 internal tank lining and devices that 1975 -1979 1992 prevent spills and overfills, you can 1980- Dec.1988 1993 combine monthly inventory control with tank tightness testing every 5 years. This choice, however, can only This schedule will make sure that the older be used for 10 years after adding USTs, which are more likely to leak, have leak corrosion protection or internally lining detection firsi the tank (or until December 1998, whichever date is later). After 10 years, you must use one of the monthly monitoring methods on page 10. • If your UST does no.( have corrosion protection or internal tank lining and devices that prevent spills and overfills, - you can combine monthly inventory control with annual tank tightness testing. Please note, however, that this method is allowed only until December 1998. After that, your UST -- now equipped with corrosion protection or an internal tank lining, and devices that prevent spills and overfills -- must use one of the first two leak detection choices noted above. r inalliallillilleipmannianammum as s amisimus - PAGE 15 Some Choices May Be Better... Choices For Existing Pip i ng... You have a leak detection advantage if your You have two basic choices of leak detection UST has been "upgraded" with contusion pro- for piping depending on the type of t io tection and devices to prevent spills and over- use: P P g you fills. For 10 years after "upgrading," you can use a leak detection method that will be Tess • By December 1990, existing costly and easier to apply than most other leak pressurized piping must meet the leak detection methods. This method requires you detection requirements for new to cqnduct monthly inventory control and to pressurized piping tightness tests (tee page I1). have tank ti B performed every 5 years (see page 14). By contrast, USTs that • Existing suction piping must meet the have not been "upgraded" must have tank requirements for new suction piping tightness tests every year. (see page 11) at the same time the tank meets the leak detection schedule given above. REMEMBER... ° No matter which leak detection methods you use for tanks and piping, they must be work- big by the deadlines described' above. If not, you must close your UST or replace it with a new UST. The chart on pages 16 -17 displays all these leak detection requirements and the ones for corrosion protection and spill and overfill prevention. CED / PAGE 16 WHAT DO YOU HAVE TO DO? Minimum Requirements You must have Leak Detection, Corrosion Protection, and Spill/Overfill Prevention. For WHFN you have to add these to your tank system, see the chart on the right. LEAK DETECTION', .r..' *r NEW TANKS • Monthly Monitoring' 2 Choices • Monthly Inventory Control and Tank lightness Testing Every 5 Years (You can only use this choice for 10 years after installation.) EXISTING TANKS • Monthly Monitoring' 3 Chokes • Monthly Inventory Control and Annual Tank Tightness Testing The chart at the bottom of (This choice can only be used until December 1998.) the next page displays • Monthly Inventory Control and Tank Tightness Testing Every 5 Years these choices. (This choice can only be used for 10 years after adding corrosion protection and spill/overfill prevention w until December 1998. whichever date is later.) NEW & EXISTING • Automatic Flow Restrictor • Annual Line Testing PRESSURIZED PIPING • Automatic Shutoff Device -and- • Monthly Monitoring' Choice of one from each set • Continuous Alarm System (except automatic tank gauging) NEW & EXISTING • Monthly Monitoring' SUCTION PIPING (except automatic tank gauging) 3 Choices • Line Testing Every 3 Years • No Requirements (it the system has the characteristics described on page 11) egging CORROSION PROTEGT�ION ` W was , Reis ..: in NEW TANKS • Coated and Cathodically Protected Steel 3 Chokes • Fiberglass • Steel Tank clad with Fiberglass EXISTING TANKS • Same Options as for New Tanks 4 Choices • Add Cathodic Protection System • Interior Lining • Interior Lining and Cathodic Protection NEW PIPING • Coated and Cathodically Protected Steel 2 Chokes • Fiberglass EXISTING PIPING • Same Options as for New Piping 2 Choices • Cathodically Protected Steel SPILLIOVERFILLPREVENTION ALL TANKS • Catchment Basins -and- • Automatic Shutoff Devices -or- • Overfill Alarms -or- • Ball Float Valves Monthly Monitoring includes: Automatic Tank Gauging Ground -Water Monitoring Vapor Monitoring Other Approved Methods Interstitial Monitoring IMI SIIIIMagalanialliSara • PAGE 17 WHEN DO YOU HAVE TO ACT? Important Deadlines For WHAT you have to do, see the chart on the left. mia. w .%::::::EN, ftene , :. , :f. 0 ::::::: ,, , , K . ::::::::::::,:: - :•#:3:::•:::: , ::::::,:i:,::::::.:0::::::::MNs]:• •=.•::::: - ?::: - , ' ',-- -::, •' ; i : fgli lei:Ma EF4,14 ::atimi4. ; ftwatippcots WSe41.;. : ,,.. : ,,,: : a g itifernelloitWAPItakEendltalgEPREVENTIONSM ::: : ,, : „„ : *, : t a a, New Tanks and Piping* At installation At installation At installation Existing Tanks** Installed: By No Later Than: Before 1965 or unknown December 1989 1965 - 1969 December 1990 1970 - 1974 December 1991 December 1998 December 1998 1975 - 1979 December 1992 1980 - December 1988 December 1993 Existing Piping" Pressurized December 1990 December 1998 Does not apply Suction Same as existing December 1998 Does not apply tanks • New tanks and piping are those installed after December 1988 Existing tanks and piping are those installed before December 1988 IF YOU CHOOSE TANK TIGHTNESS TESTING AT EXISTING USTs ... If you don't use monthly monitoring at existing USTs, you must use a combination of periodic tank tightness tests and monthly inventory control. This combined method ca n only be used for a few years, as the chart below displays. .... Do monthly inventory Was the UST 'upgraded; :': Was it "upgraded' ::* control and a tank tightness which means does it have YES t before YES test every 5 years until corrosion protedion and --Or: December 1988? '---17 1998; then do monthly spilVoverfill prevention Ili monitonng. devices? .*:::::iSA::::W.:A;;;;.■ Aacox.Mit:Wes4zaa:Si NO NO .: Do monthly inventory fr Do monthly inventory control and a tank tightness ,::- control and a tank tightness test Avow year until 1998; test every 5 years for 10 i then 'upgrade'. For P: years after 'upgrading'; 'upgraded* USTs, use the .1:!: then do monthly monitoring. box on the right. — .— .,.. ,•,-..•:,:,:.:.. ,•......; • ., . .- .f '. • - PAGE 19 HOW DO YOU CORRECT PROBLEMS CAUSED BY LEAKS? What Do You Do When You Suspect the regulatory authority and follow the actions Your Petroleum UST Is Leaking? for a confirmed leak (see page 20). Various warning signals indicate that your UST Warnings In The Environment may be leaking and creating problems for the environment and your business. You can avoid You should also suspect a leak if evidence of most of these problems by paying careful attcn- leaked petroleum appears at or near your site. [ion to these warning signals and by taking the For example, neighbors might tell you they appropriate actions. have smelled petroleum vapors in their base- ments or tasted petroleum in their drinking Warnings From Equipment water. You might even discover evidence of environmental damage as you investigate the You should suspect a leak when you discover suspected equipment failures discussed above. the following warning signals from equipment: Whenever evidence of environmental damage • Unusual operating conditions (such as is discovered, you must take the following ac- erratic behavior of the dispensing [ions: pump). • Report this discovery immediately to • Results from leak detection monitoring the regulatory authority. and testing that indicate a leak. • Conduct tightness tests of the entire You need to confirm quickly whether these sus- UST system. pected leaks are real. What at first appears to be a leak may be the result of faulty equipment that • Investigate the UST site for additional is part of your UST system or its leak detection. information on the extent and nature of Double check this equipment carefully for fail- the environmental damage. ures. You may simply need to repair or replace equipment that is not working. The results of these system tests and site checks will help answer the crucial question: "Is my If repair or replacement of faulty equipment UST leaking ?" If the answer is yes, then you then ort does not solve the problem, then you must rep +` { this finding to the regulatory authority and con- to confirmed leaks (sec page 20). duct tightness tests of the entire UST system. If these tests indicate a leak, you need to report to will need to follow the actions for responding ..c.... n ` �0 sirenrova eastortutis OMIOrMb I *CK • M P�SUU �. lt 4 5 C F A ( DAMAGe SPILL REVOVr Alt 1n� 1 MIMIT SI PAGE 20 What Do You Do When Your Petroleum UST Leaks? Your response to confirmed leaks and spills (including overfills) comes in two stages: ♦Find out how far the petroleum has short -term and long -term. moved and begin to recover the leaked petroleum (such as product floating on the water table). Shari -Term Actions • Report your progress and any informa- • Take immediate action to stop and tion you have collected to the regulatory contain the leak or spill. authority no later than 20 days after you have confirmed a leak or spill. \\ \ I/ • Investigate to determine if the leak has damaged or might damage the environ- CO ment. You must report to the regulatory . authority what you have teamed from a Cull investigation of your site within 45 ' A p a ' V days of confirming a leak or spill. At 1 Q G . , the same time, you must also submit a < I , � report explaining how you plan to re- 'p move the Ica} ed petroleu if you have SA C 'I r� Y � - found contaminated ground water. Ad- ditional site studies may be required if SAIL % / necessary. ,. YooR STATS • n / I • '4VrHOR1 '' - / 6th_ z 1 1 -- "'IC: These actions are fully explained in the UST • ` regulations and in a brochure (see page 38). • Tell the regulatory authority within 24 Some leaks and spills will require additional, hours that there is a leak or spill. How- long-term attention to correct the problem. ever, petroleum spills and overfills of less than 25 gallons do not have to be reported if you immediately contain and Long -Term Actions • clean up these releases. Based on the information you have provided, • Make sure the leak or spill poses no im- the regulatory authority will decide if you must mediate hazard to human health and take further action at your site. You may need safety by removing explosive vapors to take two more actions: and fire hazards. Your fire department- • Develop and submit a Corrective Action should be able to help or advise you with this task. You must also make Sure Plan that shows how you will meet you handle contaminated soil properly requirements established for your site so that it poses no hazard (for example, by the regulatory authority. from vapors or direct contact). • Make sure you meet the requirements • approved by the regulatory authority for ' your site. I ltN PAGE 21 Can Leaking Tanks Be Repaired? Can Leaking Piping Be Repaired? You can repair a leaking tank if the person who Damaged metal piping cannot be repaired dots the repair carefully follows standard in- and must be replaced. Loose fittings can sim- dustry codes that establish the correct way to ply be tightened, however, if that solves the conduct repairs. (See page 39 for repair problem. codes.) Within 30 days of the repair, you must prove ' ` • j that the tank repair has worked by doing one of i l / the following: \ I / - �, lb ,�.i ` � � ' ♦ Having the tank inspected internally or \ O . i. • S � �•` y l i tightness testcd following standard v ` ?' industry codes. a \ I ) 1. l p 1, ' • Using one of the monthly leak detection " • " monitoring methods (except for the - — method combining inventory control � ' and tank lightness testing). i " �iD r lr, • Using other methods approved by the l? , regulatory authority. Within 6 months of repair, USTs with cathodic Piping made of fiberglass- reinforced plastic, I protection must be tested to show that the however, can be repaired, but only in actor - cathodic protection is working properly. dance with the manufacturer's instructions or national codes of practice. Within 30 days of You must keep records for each repair as long the repair, piping must be tested in the same as you keep the UST in service. ways noted above for testing tank repairs (ex- cept for internal inspection). i r �- -•-- -- PAGE 23 HOW DO YOU CLOSE USTs? You can close your UST permanently or tem- Three Exceptions To Permanent porarily. Closure The requirements for permanent closure may Closing Permanently not apply to your UST if it meets one of the following conditions: If your tank is not protected from corrosion and it remains closed for more than 12 months or • If your UST meets the requirements for you decide to close it permanently, you must a new or upgraded UST, then it can re- follow requirements for permanent closure: main "temporarily" closed indefinitely as long as it meets the requirements below for a temporarily closed UST. • You must notify the regulatory authority 30 days before you close your UST. • The regulatory authority can grant an extension bcyond the 12 -month limit on • You must determine if leaks from your temporary closure for USTs unprotected tank have damaged the surrounding from corrosion. environment. If there is damage, then you will have to take the corrective ac- ! You can change the contents of your Lions described on page 20. UST to an unregulated substance, such as water. Before you make this change, v You can either remove the UST from you must notify the regulatory author - the ground or leave it in the ground. In ity, clean and empty the UST, and deter - both cases, the tank must be emptied mine if any damage to the environment and cleaned by removing all liquids, was caused while the UST held regu- dangerous vapor levels, and accumu- fated substances. If there is damage, lated sludge. These potentially very then you must take the corrective ac- hazardous actions need to be carried out tions described on page 20. carefully by following standard safety practices. (See pages 37 and 39 for sources of information on good closure practices.) If you leave the UST in the ground, you must also fill it with a harmless, chemically inactive solid, like - / t ' sand. The regulatory authority will help you decide how best to close your UST so that it meets all local requirements �' 421 for closure. _��i (;� os. ,11111111Manal PAGE 24 Closing Temporarily Tanks not used for 3 to 12 months must follow requirements for temporary closure: • If your UST has corrosion protection and leak detection, you must continue to operate these protective systems. If a leak is found, you will have to respond just as you would for a leak from an active UST, as described on page 20. (If your UST is empty, however, you do not need to maintain leak detection.) • You must cap all lines, except the vent - line, attached to your UST. • • r, `} -- ,,� ( t c' • ' / • f t. T ! . Oa x 111 ♦ Los s A 1 PAGE 25 WHAT ABOUT REPORTING AND RECORDKEEPING? What Do You Need To Report? In general, you will only need to report to the • You must report confirmed releases to regulatory authority at the beginning and end of your regulatory authority. You must your UST system's operating life: also report follow -up actions you plan or have taken to correct the damage caused by your UST (sec page 20). • When you install an UST, you have to fill out a notification form available • You must notify the regulatory authority from your State. This form provides 30 days before you permanently close information about your UST, including your UST (see page 23). a certification of correct installation. (You should have already used this You need to chcck with your regulatory author - form to identify your existing USTs. If ity about the particular reporting requirements you haven't done that yet, be sure you in your arca, including any additional or more do so now.) stringent requirements than those noted above. • You must report suspected releases to the regulatory authority (sec page 19). REPORTING E I INSTALLATION SUSPECTED CORRECTIVE CLOSURE RELEASE ACTION NOTIFY ' n a �. Z A N s ... � � Ann 111......- vim' : ' -SIMP90111111111111.1. PAGE 2h What Records Must You Keep? You will have to keep records that can be pro- You should check with your regulatory author- vidcd to an inspector during an on -site visit that ity about the particular rccordkeeping require- prove your facility meets certain requirements. ments in your area. Generally, you should These records must be kept long enough to follow this useful rule of thumb for recordkcep- show your facility's recent compliance status in ing: When in doubt, keep it. four major areas: • You will have to keep records of leak \ I / / detection performance and upkeep: \ DETAILED eaK , �� RECORDS The last year's monitoring results, E � 1 ,- -f O and the most recent tightness v Q\ _ t test. , _ -- Copies of performance claims N....._---- � OA ; provided by leak detection manufacturers. 11 eei,_ a -- Records of recent maintenance, repair, and calibration of leak �� {E O�� c detection equipment installed III I I II on -site. I L I ill ji )1 • You will have to keep records showing that the last two inspections of your corrosion protection system were carried out by properly trained professionals. • You must keep records showing that a repaired or upgraded UST system was properly repaired or upgraded. • For at least 3 years after closing an UST. you must keep records of the site assessment results required for permanent closure. (These results show what impact your UST has had on the surrounding area.) ' I 4 PAGE 31 TECHNICAL QUESTIONS & ANSWERS Q. How does "corrosion" cause USTs to leak? How can USTs be protected from cor- rosion? A. Unprotected steel USTs are frequently dam- aged by corrosion. When this ha In r adc r steel USTs can also be thick metal UST system and its unde pound, the l ayer corrosion if they are bonded such c a as roundings act like a bane rground sur- layer of noncorrodible material, such as battery. Part of the UST fiberglass- reinforced plastic. Cathodic protec- can become negatively charged and another tion is not needed with this method of corrosion part positively charged. Moisture in the soil protection. Also, the corrosion problem can be provides the connecting link that finally turns totally avoided b usin tanks and tin made these UST "batteries" on. Then, the negatively completely of noncorrodible material, such as y g p p g charged part of the UST system -- where the ibergla fi current exits from the tank or its piping berglass. begins to deteriorate. As electric e urrent asses throu h this p For more information on how corrosion works g part, the hard metal begins to turn and how USTs can be protected from corrosion, into soft ore, holes form, and leaks begin. contact the National Association of Corrosion Steel tanks and piping can be protected by coat Engineers or other corrosion professionals. Sec page 39 for industry codes on corrosion protcc- ing them with a corrosion- resistant coating and by using "cathodic" protection. Cathodic tion. protection reverses the electric current that causes corrosion and comes in two forms: • "Sacrificial anodes" can be attached to the UST. Sacrificial anodes are pieces of metal more electrically active than the steel UST. Because these anodes are more active, the electric current will exit from them rather than the UST. Thus, the UST is the "cathode" and is protected from corrosion while the attached "anode" is sacrificed. • An "impressed current" protection system introduces an electric bur ent into the ground through a series of anodes that are not attached to the UST. Because the electric current (lowing from these anodes to the tank system is greater than the corrosive current attempting to flow from it, the UST is protected from corrosion. _ • PAGE 32 Q. How can existing USTs (those installed before December 1988) be "upgraded" to meet the corrosion protection requirements by December 1998? A. When you add corrosion protection to exist • You can combine tank interior lining with ing UST systems, you have several choices. cathodic protection. If you use this Your first choice is to meet the corrosion pro- combined method, you are not required to tection requirements for new tanks and piping have the interior lining periodically (see page 9). Your other choices, described inspected. below, depend on whether you are protecting the tank or the piping. Protecting Piping Protecting Tanks Unless the existing piping is made of noncor- You have three choices for "upgrading" your rodible material, it must meet the requirements tank for corrosion protection: for cathodic protection of new metal piping, cxcenl that the existing piping does not need, to • The interior of a tank can be Tined be coated with a corrosion - resistant coating according to industry codes (sec page 39 (see page 9). for codes). Tanks using only an interior lining for corrosion protection must pass an inspection in 10 years and reinspcctions every 5 years after that to ensure that the lining and tank are • structurally sound. • Tanks using only cathodic protection must meet the general requirements for cathodic protection and satisfy one of the methods below to make sure that the tank is structurally sound: -- If the tank is less than 10 years old, you can use one of the monthly leak detection monitoring methods noted on page 10. -- If the tank is less than 10 years old, you can have two tank tightness tests conducted. The first test must take. place before you install cathodic protection, and the second test Must take place between 3 and 6 months later. • -- If the tank is 10 years old or more, it must be internally inspected and assessed to make sure that the tank is structurally sound and free of corrosion holes before a cathodic protection system is installed. ■ too- of PAGE 33 Q. What are "installation mistakes" and Q. What are spills and overfills? How can how can they be avoided? they be stopped? A. Improper installation is a significant cause A. Many of the leaks at UST systems are actu- of fiberglass- reinforced plastic (FRP) and steel ally the result of spills and overfills (which are UST failures, particularly piping failures. two separate problems). In fact, these releases Proper installation is crucial to ensure the are at least twice as numerous as tank or piping structural integrity of both the tank and its pip- releases. Spills most often occur at the fill pipe ing. Installation includes excavation, tank opening when the delivery truck's hose is dis- system siting, burial depth, tank system assem- connected, usually releasing only a few gallons. bly, backfilling of the tank system, and surface Repeated releases of even small volumes, how - grading. Many mistakes can be made during ever, can create real environmental problems. installation. For example, mishandling of the Overfills occur less frequently but usually re- tank during installation can cause structural lease much larger volumes. When a tank is failure of FRP tanks or damage to steel tank overfilled, large volumes can be released coatings and cathodic protection. Improper through untight fittings on the top of the tank layout of piping runs, incomplete tightening of or the vent pipe. The tightness of these fittings joints, inadequate cover pad construction, and normally would not be a problem as long as the construction accidents can lead to failure of tank was not filled beyond its capacity. delivery piping. There are three keys to solving the problems of Installation problems result from careless in- spills and overfills. First, you must make sure stallation practices that do not follow recog- that the volume available in the tank is greater nizcd industry codes and procedures. If owners than the volume of product to be transferred to and operators make sure that their installers the tank before the transfer is made. carefully follow the correct installation proce- dures called for by industry codes, the number Second, you have to make sure that the transfer of installation mistakes will be significantly operation is watched constantly to prevent reduced. See page 39 for industry codes on in- overfilling and spilling. See page 39 for appro- stallation. See page 37 for sources of informa- priate industry codes. tion on installation. Third, you must use equipment that can pre- vent or severely limit spills and overfills (see below for when you have to do this). Spill prevention devices, such as spill catchment basins or dry disconnect couplings, are readily available. Overfill prevention devices auto- ' matically shut off flow when the tank is nearly full. Other overfill devices either restrict flow or trigger an alarm when the tank is nearly full. Your new UST system must be equipped with both spill ;l1 overfill prevention devices when • it is installed. Your existing USTs must have these devices by December 1998. The only exception to this requirement is if your UST system is filled only by separate transfers of no more than 25 gallons. In these cases, you do not have to follow the spill and overfill equip- ment requirements. PAGE 34 Q. What leak detection methods will satisfy the leak detection requirements for new or "upgraded" petroleum USTs? A. You must provide your UST system with a Leak Detection for Tanks method, or combination of methods, of leak detection that allows you to meet the following Leak detection for tanks can consist of one or a three basic requirements: combination of the following methods: • You can detect a leak from any portion of the tank or its piping that routinely Tank Tightness Testing Combined with contains petroleum; Inventory Control • Your leak detection equipment is This method combines manual inventory con - installed, calibrated, operated, and trol information (measured daily and compiled maintained in accordance with the monthly) with tank tightness testing every 5 manufacturer's instructions; and years. Tank tightness testing requires taking the UST out of service while changes in level • Your leak detection equipment meets the or volume over time are measured. This method performance requirements described in can be used only by new or upgraded USTs the Federal regulations, sections 280.43 during their first 10 years of operation (or until or 280.44. 1998, whichever is later). After that, one of the monthly monitoring methods below must be EPA is developing brochures that fully describe used. the various ways you can meet the leak detec- tion requirements (see page 38). Leak detec- tion methods are presented in the Preamble to Automatic Tank Gauging Systems • the UST regulations (Section IV.D.) and in the rule (Subpart D, Sections 280.43 and 280A4). This method uses automated processes to moni- The descriptions below briefly identify leak tor product level and inventory control. detection methods for tanks and piping. Monitoring for Vapors in the Soil This method samples vapors in the soil gas surrounding the UST. Leaked petroleum pro- duces vapors that can be detected in the soil gas. The regulations describe several require- ments for using this leak detection method. For example, this method requires using porous soils in the backfill and locating the monitoring devices in these porous soils near the UST sys- tem. i PAGE 35 Monitoring for Liquids on the Ground Water Leak Detection for Piping This method monitors the ground water table If you have pressurized piping, you need to do near an UST for the presence of released free two things: product on the water table. Monitoring wells near the UST are checked frequently to see if • Install an automatic line leak detector, petroleum can be detected. The regulations and allow manual and automatic methods for de- tecting petroleum in the monitoring wells. The • Either conduct an annual line tightness regulations also describe several requirements test, for the use of this method. For example, this method cannot be used if the water table is Or conduct monthly leak detection more than 20 feet below the surface of the monitoring using one of the following ground. methods noted above for tanks: vapor monitoring, ground -water monitoring, interstitial monitoring, or other approved Interstitial Monitoring monthly methods. This method detects Teaks in the space between If you have suction piping, you need to do one the UST and a second barrier or wall. The of two things: regulations describe several general perform- ance requirements for the application of inter- • Either conduct line lightness tests every 3 stitial monitoring with double - walled USTs, years, USTs fitted with internal liners, and USTs us- ing partial interception barriers located below Or conduct monthly leak detection the UST. monitoring as described above for pressurized piping. Other Methods Approved by the Regulatory You do not need to have leak detection if your Authority suction piping meets some basic design re- quirements: If other methods can be shown to work as cf- . fectively as the methods described above for • Below -grade piping is sloped so that the leak detection, then these alternative methods pipings contents will drain back into the can be approved by the regulatory authority. storage tank if the suction is released. • Only one check valve is included in each One Additional Method with Restricted Use suction line and is located directly below the suction pump. Manual tank gauging can be used as the sole method of leak detection, but only with tanks that are 550 gallons or less. This method in- volves taking two stick measurements at least 36 hours apart when the tank is not open for use. Also, manual tank gauging can be used in place of manual inventory control in tanks ranging in size from 551 to 2,000 gallons. In these cases, however, manual tank gauging must be combined with tank tightness testing. ANCILIFISAla eTh PAGE 37 VIDEOS, BROCHURES, AND HANDBOOKS ON USTs r , Videos Installation "A Question of When: Tank Installation for Available for purchase only, $22.85 each, pre- Inspectors" paid. "In Your Own Backyard" Order from: National Fire Protection Association Attn: Jim Smalley Batterymarch Park Quincy, MA 02269 "Doing It Right" (coming soon) For information: U.S. Environmental Protection Agency Office of Underground Storage Tanks P.O. Box 6044 Rockville, MD 20850 Closure "Tank Closure Without Tears: An Inspector's Video and companion booklet available for Safety Guide" purchase, $25.00, prepaid. Booklet only, $5.00, prepaid. Order from: New England Interstate Water Pollution Control Commision Attn: VIDEOS 85 Merrimac Street Boston, MA 02114 Video and companion booklet available for loan, $5.00, prepaid. Order from: New England Regional Wastewater Institute Two Fort Road South Portland, ME 04106 PAGE 38 Brochures Corrective Action These brochures may be ordered from: "Oh No!" -- Leaks and Spills: What Do You U.S. Environmental Protection Agency Do? (coming soon) Office of Underground Storage Tanks Leak Detection P.O. Box 6044 Rockville, MD 20850 "Leak Lookout" — Using External Leak De- tectors to Prevent Petroleum Contamination from Underground Storage Tanks Financial Responsibility Financial Responsibility Requirements Summary (coming soon) • Handbooks "Financial Assurance Programs: A Handbook These handbooks may be ordered from: for States" (coming soon) U.S. Environmental Protection Agency "Funding Options for State and Local Office of Underground Storage Tanks Governments" P.O. Box 6044 "Underground Storage Tanks: Building State Rockville, MD 20850 UST Compliance Programs" "Cleanup of Releases from Petroleum USTs: Stock No. 055- 000 - 00272 -0, $7.50 prepaid. Selected Technologies" This handbook may be ordered from: Superintendent of Documents Government Printing Office Washington, D.C. 20402 1 PAGE 39 INDUSTRY CODES AND STANDARDS* Installation Corrosion Protection API Publication 1615, 1987, "Installation of API Publication 1632, 1987, "Cathodic Protec- Underground Petroleum Storage Systems," lion of Underground Petroleum Storage Tanks Recommended Practice, 4th Edition and Piping Systems," Recommended Practice, 2nd Edition PEI RP- 100 -87, 1987, "Recommended Prac- tices for Installation of Underground Liquid NACE RP -0169 -83, 1983, "Recommended Storage Systems" Practice: Control of Corrosion on Underground or Submerged Metallic Piping Systems" Tank Filling Practices NACE RP- 0285 -85, 1985, "Recommended Practice: Control of External Corrosion on API Publication 1621, 1977, "Recommended Metallic Buried, Partially Buried, or Sub - Practice for Bulk Liquid Stock Control at Re- merged Liquid Storage Systems" tail Outlets," 3rd Edition (A revised edition is now available.) General (Repair, Spill and Overfill, NFPA 385, 1985, "Standard for Tank Vehicles Installation, Compatibility) for Flammable and Combustible Liquids" API Publication 1626, 1985, "Storing and Han - dling Ethanol and Gasoline - Ethanol Blends at Closure Distribution Terminals and Service Stations," 1st Edition API Bulletin 1604, 1987, "Removal and Dis- posal of Used Underground Petroleum Storage API Publication 1627, 1986, "Storage and Tanks," Recommended Practice, 2nd Handling of Gasolinc - Methanol /Cosolvent Edition Blends at Distribution Terminals and Service Stations" Lining API Recommendel Practice 1635, 1987, "Management of Underground Petroleum Stor- API Publication 1631, 1987, "Interior Lining age Systems at Marketing and Distribution of Underground Storage Tanks," Recom- Facilities," Recommended Practice, 3rd mended Practice, 2nd Edition Edition NLPA Standard 631, 19 - -, "Spill Prevention: NFPA 30, 1987, "Flammable and Combustible Minimum 10 Year Life Extension of Existing Liquids Code" Steel Underground Storage Tanks by Lining Without the Addition of Cathodic NFPA 30A, 1987, "Automotive and Marine Protection "(DRAFT) Service Station Code" *This list includes the most relevant codes and standards for underground storage tank systems. Organizations are identified on page 40. PAGE 40 ORGANIZATIONS TO CONTACT FOR TANK INFORMATION ACT -- Association for Composite Tanks NFPA -- National Fire. Protection Association 108 North State Street Batterymarch Park Suite 720 Quincy, MA 02269 ' Chicago, IL 60602 (617) 770 -3000 (301) 355 -1307 (for information requests) NLPA -- National Leak Prevention Association API -- American Petroleum Institute P.O. Box 29809 1220 L Street, N.W. Cincinnati, OH 45229 Washington, DC .20005 (513) 281 -7693 (202) 682 -8000 1- (800) -543 -1838 Fiberglass Petroleum Tank and PEI -- Petroleum Equipment Institute Pipe Institute Box 2380 One SeaGate, Suite 1001 Tulsa, OK 74101 Toledo, OH 43604 (918) 743 -9941 (419) 247 -5412 Steel Tank Institute NACE -- National Association of Corrosion P.O. Box 4020 Engineers Northbrook, IL 60065 Box 218340 (312) 498 -1980 Houston, TX 77218 (713) 492 -0535 • I O a MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City ManagerC7 � u THRU: Diane Moore, City Planning Directo FROM: Kim Johnson, Planner DATE: February 24, 1992 RE: City Maintenance Shop Rezoning from R -30 Low Density Residential to Public (PUB) - Second Reading of Ordinance 8, Series 1992. SUMMARY: The proposed rezoning to Public (PUB) will allow the existing shop use and proposed above ground fuel tank use to be legal Conditional Uses upon approval by the Planning Commission. The Planning Commission recommends approval of the requested rezoning. First Reading was held on January 27, 1992. COUNCIL GOALS: This request supports Goal #9: "To maintain, renovate, reconstruct, and manage the capital assets of the City." BACKGROUND: The City Shop site has been used for industrial purposes (power plant and maintenance shop) since the late 1890's. Its current zoning (since the mid 1970's) is R -30, Low Density Residential with a PUD overlay. Therefore, the maintenance shop is a legal grandfathered non - conforming use. A concurrent application for text amendments and conditional use for above- ground fuel storage tanks and maintenance facility is dependent upon the rezoning of this parcel to Public. Prior to the Planning and Zoning Commission public hearing, the Planning Office and Streets Department had several discussions and a site visit with concerned neighbors. The neighbors are in support of the proposed rezoning conditioned upon the City making some aesthetic improvements to the shop including a screen fence around the storage yard. Please see Exhibit "A" for area map and site sketch including proposed fuel tanks and gas island. STAFF DISCUSSION: 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 concern for the City's future use of the site. Staff concluded that the appropriate way to resolve the City Shop non - conformity /fuel tank problem was to include a request for rezoning to Public (PUB) at the same time that the above mentioned fuel tank code amendment was being processed through the Planning and Zoning Commission and City Council. Rezoning: The applicant requests rezoning the Aspen City maintenance shop parcel from its R -30 designation to Public (PUB). The use of the site will not change as a result of the proposed rezoning. However, if the shop use moves to a different location, the site could be converted to other community- oriented uses at a later date. Please refer to Exhibit "B" for Public zone information, Section 5 -220 of the Land Use Code. 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 1950's. 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 Superintendent Jack Reid pledges to do cosmetic improvements including painting portions of the main building and screening the 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. 2 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. This rezoning will allow it to continue to serve the City as a public facility whether or not it remains a maintenance shop. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission approved the rezoning request by a vote of 4 -0 at their regular meeting on December 3, 1991. Also approved was conditional use review of the above - ground tank proposal. A conditional use review for the maintenance facility was approved by a 6 -0 vote on February 4, 1992. (Both conditional use approvals become valid upon ordinance adoption of the proposed text amendments and rezoning.) KEY ISSUES: Commissioners and neighbors are concerned about the existing underground fuel tanks and support the concurrently submitted text amendment proposals and conditional uses for maintenance facility and above - ground fuel tanks. These items are contingent on the rezoning the site to Public. If the rezoning is approved, any future changes to the site must be accomplished according to the Public zone permitted use or conditional use criteria. RECOMMENDATION: The Planning and Zoning Commission recommends rezoning the City Shop parcel to PUBLIC (PUB). The PUD overlay on the parcel will remain. ALTERNATIVES: The parcel could remain zoned as R -30. The maintenance shop would remain a non - conforming use. Without the proposed text amendments new fuel tanks must be installed underground, forcing the need for more intricate and costly monitoring systems. PROPOSED MOTION: I move to have Second Reading of Ordinance 8, Series 1992, approving rezoning of the City maintenance shop parcel from R -30 Low Density Residential to PUBLIC (PUB). CITY MANAGER COMMENTS: 3 Attachments: Ordinance 9, Series 1992 Exhibit "A" - Location map and Site Sketch of the City Shop parcel "B" - Land Use Code Section 5 -220: Public (PUB) Zone cityshop.zone.ccmemo 4 M 1/ City Coaaoil =YSMtt Approv.d , if _ B O rdiaaao a a • -- H j 11.1 L� 111111111 11 Y. • - x IIIW1! C WI11 II fl W I iI �Q I �� • ad (" • 1 111 I.:: '6;;imiit - * , .... .. ... . ...,...,L, .. V : i \ -- ' , e •-• - ia \•0000? • S g z . • ram .' ¶ I1Ii1 II Ate► .4: ! �I 1 1 1 10 1 1111 II .- it 1111 1 I j zcN1114� - �,__N___. \ . / .:. . : ,k k X111 I IIIIIIIII • , ...t.'N ii!E41111 [ �`j r v 4, .i t.6: . 3 r • 1 n D ril I 0 ay �a Z7 ri co 7C C. ,.K I o(/) 4:0 1 7 C-1 r Pi i j I x x 0 v 4 „ --.7.. y / EXISTING CHAINLINK FENCE / \ Cl D Tod tlonod • \/ \J I R04 /� 0 0 0 Il rn r o c c 0 a d D 0 m Z n P II C1t,..,,. oarc1.i s^s:: ~.A"ait �j § 5 -219 ASPEN CODE Approved a •141 By Ordinance E. Ofstreet parking requirement The following off- street parking spaces shall be pro-. vided for each use in the Park (P) zone district subject to the provisions of Article 5, Division 3. 1. Lodge use: 1 space/bedroom 2. Residential use: N/A 3. All oth • Requires special review pursuant to Article 7, Division 4. Sec. 5-22 Public (PUB). • A. Purpose T purpose of the Public (PUB) zone district is to provide for the develop- ment of governmental and quasi - governmental facilities for cultural, educational, civic and other - governmental purposes. B. Permitted uses. The following uses are permitted as of right in the Public (PUB) zone district. 1. Library; 2. Museum; • 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings (excluding maintenance shops); 6. Performing art center; • 7. Public transportation stop; 8. Terminal building, and transportation related facilities; 9. Public surface and underground parking areas; 10. Community recreation facility; 11. Fire station; 12. Public school; 13. Public park; and 14. . . -• buildings and uses. f Conditional uses. The following uses are permitted as conditional uses in the Public (PUB .n- .' - ' - - • ect to the standards and procedures established in Article 7, Division 3. ® Maintenance shop; 2. Affordable housing; and 3. Satellite dish antennae. D. Dimensional requirements. The dimensional requirements which shall apply to all permitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a • Supp. No. 1 1652.10 V ffcD MEMORANDUM TO: Mayor and City Council 11 THRU: Amy Margerum, City Manager �w ✓4� THRU: Diane Moore, City Planning Direc r �� 4,0 FROM: Kim Johnson, Planner DATE: February 24, 1992 RE: Text Amendments Allowing Above - Ground Fuel Tanks as Conditional Uses in Public (PUB) and Service / Commercial / Industrial Zones - Second Reading of Ordinance 9, Series 1992. SUMMARY: The text amendments are requested to allow above ground fuel tanks as conditional uses in the Public (PUB) and Service/ Commercial /Industrial zones. This request is made in conjunction with a submission by the City Streets Department to rezone the Maintenance Shop property to Public (PUB). The Planning Commission recommends approval of the requested text amendments. First reading was held on January 27, 1992. COUNCIL GOALS: These requests support Goals 5,6,and 9. Staff believes the text amendments are necessary to allow flexibility for situations involving the use of fuel storage tanks. The recommended text amendments will establish a review process to consider impacts of above - ground fuel storage proposals. BACKGROUND: The site has been used for industrial purposes (power plant and maintenance shop) since the late 1890's. The City Shop's aging underground fuel tanks must be replaced within the next year in accordance with the Environmental Protection Agency regulations. The Land Use Code currently allows underground fuel tanks only. As the subject parcel is on the banks of Castle Creek, staff and the shop's neighbors believe that the installation of new above- ground tanks is easier to monitor, thus safer for the environment. STAFF DISCUSSION: Prior to the Planning and Zoning public hearing, the Planning Office and Streets Department had several discussions and a site visit with concerned neighbors. The neighbors wanted to insure that replacement of the existing underground tanks was accomplished in the most environmentally sound manner. The neighbors are in support of the proposed amendments conditioned upon the City making on -site aesthetic improvements including a screen fence around the storage yard. When the proposed text amendments were brought before the Planning Commission, the Commission also discussed and approved conditional use for above ground fuel tanks with conditions (pending final ordinance adoption of the subject text amendments). Text Amendment Discussion: Land Use Code Section 5 -509 "Miscellaneous Provisions" states that "(A) All fuel storage tanks shall be completely buried beneath the surface of the ground." When inserted into the Code in the 1970's, 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 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 (with proper monitoring equipment) meet 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. The following Code sections are proposed for amendment: (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. (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 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. 2 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. and its adopted elements. 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 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. 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: It is not expected that many new cases will increase staff workload as a result of the proposed text amendments. No other impacts to public facilities are anticipated. 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 low. 3 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. 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 options with certain review processes, the public has choices not previously available. The Conditional Use process is important as it requires a public hearing to help determine the public interest on a case by case basis. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission voted to recommend approval of these text amendments by a vote of 4 -0 at their regular meeting on December 3, 1991. Also approved was a conditional use review of the above - ground tank proposal, pending final Council approval of these text amendments (and concurrently filed request to rezone the parcel to Public). A conditional use for the maintenance facility was approved 6 -0 by the Planning Commission on February 4, 1992. REY ISSUES: Several Commissioners expressed support in getting underground tanks removed due to environmental risks. The neighbors are concerned about the unsightliness of the shop facility. Streets Director Jack Reid has committed to providing a screen fence and general clean -up of the grounds. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the following text amendments allowing above - ground fuel tanks as conditional uses in the Public (PUB) and Service / Commercial / Industrial (SCI) zones. (Miscellaneous provisions) Section 24 -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." (SCI zone) Section 24 -5 -211 C. - under list of Conditional Uses, 4 add: .9 Above ground fuel storage tanks (Public zone) Section 24 -5 -220 C. - under list of Conditional Uses, add: .4 Above ground fuel storage tanks ALTERNATIVES: Without the proposed text amendments new fuel tanks must be installed underground, forcing the need for more intricate and costly monitoring systems. PROPOSED MOTION: I move to have Second Reading of Ordinance 9, Series 1992, approving text amendments allowing above - ground fuel tanks as conditional uses in Public and Service /Commercial/ Industrial zones. CITY MANAGER COMMENTS: Attachment: Ordinance 9, Series 1992 cityshop.text.ccmemo 5 MEMORANDUM TO: Planning and Zoning Commission FROM: Kim Johnson, Planner RE: City of Aspen Streets Shop - Public Hearing for Conditional Use for Maintenance Facility in Public Zone DATE: February 4, 1992 SUMMARY: The Planning Office recommends approval of the conditional use with conditions. This request is made in order to have appropriate use approval for the shop facility in the Public zone. This request coincides with the rezoning to Public zone district already recommended by the Commission for approval by City Council. The public hearing by City Council will be held on February 24, 1992. 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 on the parcel. "Maintenance Shop" is a conditional use in the Public zone district. BACKGROUND: The Streets Department is required by the Environmental Protection Agency to replace the underground fuel tanks on the maintenance facility site. In response to this requirement as well as environmental concerns by neighbors and staff, the decision was made to pursue: 1) rezoning to Public; 2) text amendments to allow above - ground fuel tanks as conditional uses in Public and SCI zone districts; 3) conditional use approval for above - ground fuel tanks. These reviews were conducted by the Commission in December of 1991. The conditional use for the fuel tanks was approved with conditions. Recommendations for approval of the rezoning and text amendments were forwarded to City Council. Due to a notification error, this conditional use review for the maintenance shop use did not occur simultaneously with the other Commission reviews. PROCESS: Conditional Use review is a one step public hearing, with final determination made by the Planning Commission. In addition, an insubstantial PUD amendment is currently being processed by Planning staff for signature by the Planning Director. 1 APPLICANT'S REQUEST: Conditional Use approval for Maintenance Shop in a Public Zone district. REFERRAL COMMENTS: Chuck Roth from Engineering forwards the following comments: The Engineering Department recommends that the City Shop receive conditional use approval in order to legitimize its current use. We have investigated what has been termed the "drainage" issue. More appropriately, the situation would be described as illicit industrial discharges to the storm sewer system and /or to Castle Creek. The street superintendent has assured me that leach fields have been constructed such that no vehicle washing effluents nor street cleaner cleaning effluents enter Castle Creek. The street sweepings are still emptied at the water plant. It is only the cleaning of equipment that occurs at the shop. STAFF COMMENTS: Conditional Use Review: The applicant seeks conditional use approval for a maintenance facility in the Public zone. Section 7 -301 'of the Land Use Code establishes the following review criteria for conditional uses: 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 pending zoning map amendment will allow the City maintenance shop as a Conditional Use. The 1973 Land Use Map shows this area as a public use. Allowing the shop at this location augments the City's use of this site both currently and in the future. 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 site has been a City facility for one hundred years, and the City Shop since 1958. The Streets Department is committing to do a general clean -up of the area and 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. 2 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. Response: Please refer to Exhibit "A" for the site plan of the maintenance facility. The existing operation of the current maintenance facility will not change with regard to personnel, traffic or size. Current use of the site includes fueling and maintenance operations for the City's 115 vehicles. Typical on- site storage accommodates 30 vehicles, from pick -up trucks to road graders and plows. The building itself allows no more than three vehicles to be worked on at once. Staffing includes 3 mechanics and 9 vehicle operators / administration staff. As mentioned in the Engineering comments, there has been concern over vehicle washing effluents entering Castle Creek. Although Engineering is comfortable with the current leach field system, Planning recommends that continued diligence in effluent control be required. 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. STAFF RECOMMENDATION: Planning Staff recommends approval of the conditional use for Maintenance Facility in the Public (PUB) zone with the following conditions: 1. All State and Federal environmental requirements and Aspen Fire 3 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. 4. No effluent from vehicle washing shall be allowed by surface drainage into Castle Creek. RECOMMENDED MOTION: I move to approve a conditional use for the City Maintenance Shop in the Public zone, with the four conditions listed in the staff memo dated February 4, 1992. Exhibit "A" - Site Plan of Maintenance Facility jtkvj /cityshop.maint.memo 4 • .. PLANNING & ,,4ING COMMISSION EXHIBIT " , APPROVED 19 BY RESOLUTION e W 0 Z W LL Zo vi Qd A * W O U .I iiiiiiiiii o W V i O 0 , It o • ' »+� � rrtisix3 i_.. a C 0 1 I— u W A al 1' id 0 ben Li Li l U ce 61 A ' W CO Q U ! f/ I Ai" PZM2.4.92 Rick: According to the architect's calculations there, there are parking spaces for 3 bedrooms and I think that is what the present plans are calling for. --- Then on #4 where it says "A construction site drainage plan and procedure must be submitted for Engineering Dept approval prior to the issuance of a demolition, excavation or building permit." Is that just for temporary drainage ? - — Leslie: We want to make sure that while you are excavating that no runoff goes into the river. We also want to make sure that the re- development of the property does not dramatically alter the drainage pattern. As far as the drainage and any runoff and any erosion the Engineering Dept will work with the applicant. - MOTION Roger: I move to approve the Stream Margin Review of the Phelps /McFarlane re- development at 163 Park Avenue subject t t /he conditions as on Planning Office memo dated February 11, 1992. ;,7-T:/,/ David seconded the motion with all in favor. CITY MAINTENANCE SHOP CONDITIONAL USE REVIEW FOR MAINTENANCE FACILITY IN A PUBLIC ZONE Jasmine opened the public hearing. -- Kim made presentation as attached in record. _ New items which have come up with this review come from Engineering. They want to express their concern about the drainage issue at the site. The vehicles-- the.has been some concern about - _ fpffluerja* from their washing the trucks and that going into the river. Staff is adding a condition of approval to safeguard against that basically stating that "No affluent from vehicle washing shall be allowed by surface drainage into Castle Creek ". This conditional use is going to legitimize those uses, number of employees, scope of operation that are already there now. What physical efforts are going to be made by the applicant to avoid to mitigate that - -a pond, a drywell? - -- Kim: The way their land form is now the bank near the river kind of raises up a little bit and we just want to make sure that all surface drainage is contained within that low spot which is in the center of the yard area. — — / - -- 3 • • PZM2.4.92 There have been observations that in some cases-that trucks are too close to the river when they are washed. David: What if there is an accident? • - Kim: Any standard has met control and in the case of an emergency like that typically involves berming or some kind of quick fix situation. The fuel tanks themselves are contained in a solid concrete retaining structure. --- - Sara: I recall that they are looking for another site for the shop. How is that going? Kim: He recognizes to do a first rate facility for the needs of our over a hundred vehicle fleet that he needs several acres. Whether or not that is available at this time I am not aware. — Sara: Asked about a conditional yearly review. I would like to have this added as a condition. There was general agreement for this conditional review. Bruce: I don't think it is necessary. The EPA is going to be on us worse than anything we could do to ourselves. — David: I am inclined to add as a condition along that line some kind of language that would work out with the City Engineer some sort of study that shows no runoff be permitted to run into the river. I feel that that would be a reasonable measure to take for this Kim: We could change #4 to read "No surface drainage shall be allowed to run into Castle Creek ". - Jasmine then opened the public portion of this hearing. John Foley: I am a resident on Sneaky Lane which is contiguous to - - -- this. I wrote a letter to you, Jasmine, on December 22nd which supported the conditions. I have 3 criteria here. I think should be a condition that it is relocated 100ft from the stream instead of being right on the bank. The EPA mandated removal of the underground storage tanks which now exist. There are procedures for removing contaminated soil. We ask as a condition that the City commit that the entire site be sampled due to environmental assessment of it since the use of the facility since at least 1958 has been petroleum related.- - So at the time they take the tanks out i they could survey the entire site and remediate the areas where there has been spillage 4 PZM2.4.92 it would make all of us a lot more comfortable. I can support the — change in zoning if the characteristics of the maintenance shop could be brought into more of with the neighborhood since it is a residential area: -- We discussed a fence and landscaping. I note in Kim's memorandum that there is discussion of a fence to go around the portion of the — property down on Power Plant Rd and out along Castle Creek. We would like to see that section - -that condition be a little more specific. A 6ft fence is not one to mitigate too much of the visual impact. So if we could have a little bit bigger - -8 to 12ft fence. That would be a great benefit. And landscaping to include,. -- _+ 1• e - some non - deciduous trees to act as sound baffles. When they fire up those road graders at quarter of five in the morning and they idle for 45 minutes, you are aware of them. So trees would be a help.-- - We recognize that Jack has a real problem. He has 27,000sqft. He needs a lot more room. I have been made aware that there has been-- - discussion of expanding the maintenance facility to include storage for vehiclesf= to i-rjel deconstruction of a multi -story building on the property. It would seem to me that the application that they have submitted restricts them in size and use and character of the property} We recognize his problem that he is going to have to refurbish some of the buildings particularly the shed which he uses as his garage.-- - But if the City wants to build a big maintenance there we think that those plans ought to be before you before this zoning change-- would be allowed. After the fact wouldn't do some of us very much good because I can tell you at least my house would dominated by a structure of that size. So I was going to suggest the addition of another condition and that is that they are restricted to the size of the current- - footprint. That doesn't mean they couldn't refurbish the garage shed as best they can. But at the same time it would preclude them-- - unless they came back through the entire P &Z process from building some large structure there. I would like to have more specificity in the conditions. Kim: What they are proposing on this map hcrc•is all that they are — going to get approved for tonight. Any amendments to that whether . -.ter—a— tter-a-re insubstantial or substantial would have to go through — whatever review body is called for. The fact that there is a PUD — overlay on the site means that that also includes coming back to— the Planning Commission and the City Council regarding the public hearing. Foley: In general I do support the change to Public. I recognize 5 r - PZM2.4.92 that with more specificity in the conditions, particularly environmental concerns, the relocation of the tanks and sprucing up the area literally. The pad for the above ground petroleum tanks. The geneses of all of this starts where they constructed the tank. The pad is right next tcjt /he river ands - now you will cce- on-that daag am s- i trpizm', it has been moved and we would like to have that - -right now it is located (using map). All I want is the specific to make sure it didn't slip between the cracks and that the pad is to be moved to that back corner. Kim: I think a fence more than 6 or 8ft would be a more visual impact, si- t&&ttcT17:- Foley: I went over and measured road graders. It is 12ft to the top and it sits within 30ft of my house. I don't know which I would rather look at - -the wooden fence or a piece of yellow- sculpture. Sara: The trees and the soil testing was all in our approval in the conditions for the fuel tank. — Kim: It was discussed and Jack had committed at the meeting and with the neighbors. If you want to add that to specify that - -the — problem was at the time Jack didn't have a landscape plan. - Jasmine asked if there were any other public comments. There was none and she closed the public portion of the hearing. Roger: The location of the tank to me isMone deal with the site plan. Then about the site sampling - -that was covered in the fuel tank memo and is it necessary to restate it here? I don't have a-- problem making that a condition with words saying that "Upon removal of the tanks there will be a general site sampling as committed previously by Jack Reid during the fuel tank discussions". David: How would everyone feel as part of Condition #4 where we said "No surface drainage shall be allowed" and we say "allowed into the creek or be allowed to get into the ground water ". What that might call for and /or potential contamination.- Kim: I think what John is talking about is an environmental survey to give us an as -built situation. What may have occurred in the past and how it it is affected today. Remediation would require that to be cleaned up. Monitoring subsurface areas after that-- ?: I think you have eliminated that problem. That is a 24 -hour- a -day monitoring thing so that is certainly not going to cause any 6 i' PZM2.4.92 problem. Bruce: I don't have a problem with us adding in some more — conditions but we have already approved as a conditional use the above ground fuel tanks. What we are conditionally approving here is the maintenance shop. So if we left out some conditions that — we should have had in on the previous approval I don't have a problem with them adding them in here„ bub I think we need to-- understand this conditional use is for the maintenance shop. It--_ has really nothing to do with the fuel tanks.- - Roger: About the fence. I am not terribly enthralled with a 12ft fence. I think a 6 or 8ft would be appropriate. My personal--- opinion is that when you get above 6ft then the fence becomes more of a building than what we are trying to screen. — Jasmine: I don't think we need to address the fence other than Condition #2. That was already discussed in the fuel tank — situation. Roger: Then the landscaping.' Kim: The memo that I have lists the 3 conditions of approval that are the first 3 here. If you want to be more specific about— ` landscape conditions - -the reality is you have to have a wind row — several hundred feet in order to significantly reduce any sound ---. problem so one row of large Spruce isn't going to do it. I think — if you put a screen fence up there what noise from the river will bounce back to the homes across the way and you would probably hear more noise from the river with the fence there. Richard: Along Int,91 in Mass there are subdivisionsthat are right close to the freeway. They have built some huge fences there —14-ix sections of wood which I think act as effective sound — screens. Perhaps if the fence here however it is built is built in a way that does reflect sound back into the maintenance yard rather than letting it pass through.- - Kim: It is going to be a split wood screen fence. - Bruce: What about putting in a condition that our staff can submit - -- a landscape plan that can be approved by the Planning Office.- - Kim: I was actually going to work with Jack to do that. So "Planning shall work with the Streets Dept to devise a reasonable landscaping plan".- - David: I want to emphasize to the neighbors that it is a great-- idea to put some more landscaping around the yard. But I hope you-- don't expect that that is really going to have any - -it is not going 7 PZM2.4.92 to do anything for the acoustics. Jasmine: In my informal poll the majority of the Commission did want to set up some sort of procedure for - - -. • maybe a yearly review,eentinui- ng -aFter that MOTION Roger: I move to approve the Conditional Use of the maintenance ---- facility in the Public Zone at the Power Plant Property at 1080 --. Power Plant Road subject to conditions #1 through #3 being iterated — on the Planning Office memo dated February 4, 1992. — Condition #4 shall read "No surface drainage shall be allowed into Castle Creek".- - Condition #5 "Upon removal of the subsurface tanks the general site sampling shall be conducted in accordance with the representation of the Streets Superintendent at a previous meeting". - Condition #6 "Planning Office shall work with the Streets Dept in developing a landscape plan which includes fencing, fencing materials, etc".- - David seconded the motion. Sara: I agree to leave the yearly review off. If it has to meet — EPA standards, we will hear about it from the EPA. Everyone then voted in favor of the motion. UTE PARK SUBDIVISION FINAL PUD 8040 GREENLINE, REZONING, TEXT AMENDMENT Jasmine opened the public hearing. — - Kim made presentation as attached in record.- - Tom ? representative & the applicant. Introduced Art Meers, engineer and consultant i on avalanches. Art Meers: Educated Commission on snow avalanche engineering problems. - David: What would be the effect of a sheet collapse across the, whole face of this particular slope that might take out all the trees above it ?— We are looking at the phase development of this project for that upper left house. It may not be built initially. And one of the 8 MEMORANDUM FEB - 4 1992 TO: Planning and Zoning Commission FROM: Robert Camp RE: City of Aspen Streets Shop - Public Hearing for Conditional Use of Maintenance Facility in Public Zone DATE: February 4, 1992 I am writing to you as a property owner at 505 Sneaky Lane. Our property is in the neighborhood of The City Shop and I believe is contiguous to the parcel on which it sits. My wife, Cynthia Curlee, and I are in general agreement with the approach the city is taking, and appreciate the cooperation and concern the city staff has shown for the neighbors. I offer the following thoughts: 1. The condition related to environmental requirements be expanded to include City of Aspen requirements such as time limitations on idling vehicles. 2. The condition related to the "screen fence" be expanded to specify the "wood fence" and height. The memo discusses a six foot fence; my recollection of our earlier discussions was an 8-12 foot fence. We would defer to John Foley and Sandra Read regarding the specific height (they live directly across Castle Creek from the shop and proposed fence). 3. A new condition should be added committing the city to not only a general clean up but also to maintain the property in a neat, tidy, and clean manner. 4. A new condition should be added restricting the conditional use to the existing operation with respect to personnel, traffic, and size. 5. A condition should be added that the city, in cooperation with the neighbors, develop and implement a landscaping plan for the property. This was another commitment offered by Mr. Reid and Ms. Johnson during a site visit with the neighbors. 6. A condition should be added that a complete environmental assessment will be made of the parcel (not limited to the gasoline tanks) and that remediation of any problems will be accomplished in a timely manner. This too was agreed upon at the site visit. 4 Memorandum from Robert Camp Page 2 7. A condition should be added that any subsequent build -out or development of the parcel be limited to the constraints of the R -30 zoning shich is now in effect and which is consistent with the neighborhood. Thank you for considering the foregoing at your meeting. I believe all of my recommendations are consistent with Kim Johnson's memorandum dated February 4, 1992 or previous discussions with city staff regarding this matter. . D MEMORANDUM TO: Mayor and City Council 1, / THRU: Amy Margerum, City Manager THRU: Diane Moore, City Planning Direct FROM: Kim Johnson, Planner DATE: January 27, 1992 RE: Text Amendments Allowing Above - Ground Fuel Tanks as Conditional Uses in Public (PUB) and Service / Commercial / Industrial Zones - First Reading of Ordinance 0) Series 1992. SUMMARY: The text amendments are requested to allow above ground fuel tanks as conditional uses in the Public (PUB) and Service/ Commercial /Industrial zones. This request is made in conjunction with a submission by the City Streets Department to rezone the Maintenance Shop property to Public (PUB). The Planning Commission recommends approval of the requested text amendments. COUNCIL GOALS: These requests support Goals 5,6,and 9. Staff believes the text amendments are necessary to allow flexibility for situations involving the use of fuel storage tanks. The recommended text amendments will establish a review process to consider environmental impacts of above - ground fuel storage proposals. BACKGROUND: The site has been used for industrial purposes (power plant and maintenance shop) since the late 1890's. The City Shop's aging underground fuel tanks must be replaced within the next year in accordance with the Environmental Protection Agency regulations. The Land Use Code currently allows underground fuel tanks only. As the subject parcel is on the banks of Castle Creek, staff and the shop's neighbors believe that the installation of new above- ground tanks is easier to monitor, thus safer for the environment. STAFF DISCUSSION: Prior to the Planning and Zoning public hearing, the Planning Office and Streets Department had several discussions and a site visit with concerned neighbors. The neighbors wanted to insure that replacement of the existing underground tanks was accomplished in the most environmentally sound manner. The neighbors are in support of the proposed amendments conditioned upon the City making on -site aesthetic improvements including a screen fence around the storage yard. When the proposed text amendments were brought before the Planning Commission, the Commission also discussed and approved conditional use for above ground fuel tanks with conditions (pending final ordinance adoption of the subject text amendments). Text Amendment Discussion: Land Use Code Section 5 -509 "Miscellaneous Provisions" states that "(A) All fuel storage tanks shall be completely buried beneath the surface of the ground." When inserted into the Code in the 1970's, 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 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 (with proper monitoring equipment) meet 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. The following Code sections are proposed for amendment: (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. (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 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. 2 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. and its adopted elements. 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 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. 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: It is not expected that many new cases will increase staff workload as a result of the proposed text amendments. No other impacts to public facilities are anticipated. 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 low. 3 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. 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 options with certain review processes, the public has choices not previously available. The Conditional Use process is important as it requires a public hearing to help determine the public interest on a case by case basis. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission voted to recommend approval of these text amendments by a vote of 4 -0 at their regular meeting on December 3, 1991. Also approved was conditional use review of the above - ground tank proposal, pending final Council approval of these text amendments (and concurrently filed request to rezone the parcel to Public). The following conditions of approval were adopted by the Commission: 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. Please Note: Due to a notification error, a conditional use review for the maintenance facility will be held on February 4, 1992. KEY ISSUES: Several Commissioners expressed support in getting underground tanks removed due to environmental risks. The neighbors are concerned about the unsightliness of the shop facility. Streets Director Jack Reid has committed to providing a screen fence and general clean -up of the grounds. 4 RECOMMENDATION: The Planning and Zoning Commission recommends approval of the following text amendments allowing above - ground fuel tanks as conditional uses in the Public (PUB) and Service / Commercial / Industrial (SCI) zones. (Miscellaneous provisions) Section 24 -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." (SCI zone) Section 24 -5 -211 C. - under list of Conditional Uses, add: .9 Above ground fuel storage tanks (Public zone) Section 24 -5 -220 C. - under list of Conditional Uses, add: .4 Above ground fuel storage tanks ALTERNATIVES: Without the proposed text amendments new fuel tanks must be installed underground, forcing the need for more intricate and costly monitoring systems. PROPOSED MOTION: I move to have First Reading of Ordinance g , Series 1992, approving text amendments allowing above - ground fuel tanks as conditional uses in Public and Service /Commercial/ Industrial zones. CITY MANAGER COMMENTS: Attachment: Ordinance 65 , Series 1992 cityshop.text.ccmemo 5 Ix MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager ��(.y�'({�� THRU: Diane Moore, City Planning Directo jtl FROM: Kim Johnson, Planner �1/! DATE: January 27, 1992 RE: City Maintenance Shop Rezoning from R -30 Low Density Residential to Public (PUB) - First Reading of Ordinance 2' Series 1992. SUMMARY: The proposed rezoning to Public (PUB) will allow the existing shop use and proposed above ground fuel tank use to be legal Conditional Uses upon approval by the Planning Commission. The Planning Commission recommends approval of the requested rezoning. COUNCIL GOALS: This request supports Goal #9: "To maintain, renovate, reconstruct, and manage the capital assets of the City." BACKGROUND: The City Shop site has been used for industrial purposes (power plant and maintenance shop) since the late 1890's. Its current zoning (since the mid 1970's) is R -30, Low Density Residential with a PUD overlay. Therefore, the maintenance shop is a legal grandfathered non - conforming use. A concurrent application for text amendments and conditional use for above- ground fuel storage tanks and maintenance facility is dependent upon the rezoning of this parcel to Public. Prior to the Planning and Zoning Commission public hearing, the Planning Office and Streets Department had several discussions and a site visit with concerned neighbors. The neighbors are in support of the proposed rezoning conditioned upon the City making some aesthetic improvements to the shop including a screen fence around the storage yard. Please see Exhibit "A" for area map and site sketch including proposed fuel tanks and gas island. STAFF DISCUSSION: 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 concern for the City's future use of the site. Staff concluded that the appropriate way to resolve the City Shop non - conformity /fuel tank problem was to include a request for rezoning to Public (PUB) at the same time that the above mentioned fuel tank code amendment was being processed through the Planning and Zoning Commission and City Council. Rezoning: The applicant requests rezoning the Aspen City maintenance shop parcel from its R -30 designation to Public (PUB). The use of the site will not change as a result of the proposed rezoning. However, if the shop use moves to a different location, the site could be converted to other community- oriented uses at a later date. Please refer to Exhibit "B" for Public zone information, Section 5 -220 of the Land Use Code. 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 1950's. 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 Superintendent Jack Reid pledges to do cosmetic improvements including painting portions of the main building and screening the 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. 2 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. This rezoning will allow it to continue to serve the City as a public facility whether or not it remains a maintenance shop. ADVISORY COMMITTEE VOTE: The Planning and Zoning Commission approved the rezoning request by a vote of 4 -0 at their regular meeting on December 3, 1991. Also approved was conditional use review of the above - ground tank proposal. Due to a notification error, the conditional use review for the maintenance facility will be held on February 4, 1992. (Both conditional use approvals become valid upon ordinance adoption of the proposed text amendments and rezoning.) KEY ISSUES: Commissioners and neighbors are concerned about the existing underground fuel tanks and support the concurrently submitted text amendment proposals and conditional uses for maintenance facility and above - ground fuel tanks. These items are contingent on the rezoning the site to Public. If the rezoning is approved, any future changes to the site must be accomplished according to the Public zone permitted use or conditional use criteria. RECOMMENDATION: The Planning and Zoning Commission recommends rezoning the City Shop parcel to PUBLIC (PUB). The PUD overlay on the parcel will remain. ALTERNATIVES: The parcel could remain zoned as R -30. The maintenance shop would remain a non - conforming use. Without the proposed text amendments new fuel tanks must be installed underground, forcing the need for more intricate and costly monitoring systems. PROPOSED MOTION: I move to have First Reading of Ordinance 9 , Series 1992, approving rezoning of the City maintenance shop parcel from R -30 Low Density Residential to PUBLIC (PUB). CITY MANAGER COMMENTS: 3 Ordinance 2 , Series 1992 Exhibit "A" - Location map and Site Sketch of the City Shop parcel "B" - Land Use Code Section 5 -220: Public (PUB) Zone cityshop.zone.ccmemo 4 MEMORANDUM To: Kim Johnson, Planning Office From: Chuck Roth, City Engineer efre Date: January 27, 1992 Re: City Shop Conditional Use for Maintenance Facility The engineering department recommends that the City Shop receive conditional use approval in order to legitimize its current use. We have investigated what has been termed the "drainage" issue. More appropriately, the situation would be described as illicit industrial discharges to the storm sewer system and /or to Castle Creek. The street superintendent has assured me that leach fields have been constructed such that no vehicle washing effluents nor street cleaner cleaning effluents enter Castle Creek. The street sweepings are still emptied at the water plant. It is only cleaning equipment that occurs at the shop. cc: Bob Gish, Public Works Director M92.49 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 22'x 25'x 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 "8" 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 1950's. 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 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 1970's, 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 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. 7 c' Response: The proposal establishes a process for reviewing any CV 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, -z 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. G 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 conflirf ta4*t. a.` public interest, and is {n of this chapter. Post -IY" brand fax transmittal memo 7671 MIMI x Response: Above ground stor +b, and can be successfully scre A ', y have mechanical monitoring : � Os s review processes, the public Fax: 0 S N+ The Conditional Use process q2 7 hearing to help determine 1 _ Ly case 4 1 4 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 -OD 7 -301 of the Land Use Code establishes the following review criteria: Y t1V A. The conditional use is consistent with the purposes, goals, b .' objectives and standards of the Aspen Area Comprehensive Plan, A' 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 50' which is a improvement from the current 10' 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 "A ". 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 J \ H y 4) G jtkvj /cityshop.memo 9 41 "4- MEMO To: RIM 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'x25') 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 10'. 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. /C w U Z W Li J & P Q d. W o U vo Q W t o d ,. a 0 rY a ii �� Qbo� �J W • twat PY2 H • \\ // 37N3 NNI�N IVH3 9NI1SIX3 �V 1 V) r f I W o o ' q • OO I % i WO cn o w z ' W — z J i CJ e� CO Q U 1 I I 4 74afMr `eau MEMORANDUM TO: Kim Johnson, Planning Office FROM: Jim Gibbard, Engineering Department DATE: November 14, 1991 RE: City Shop Rezoning and Conditional Use Having reviewed the above application and having made a site visit, the Engineering Department has the following comments: 1. As required for an amendment to the Official Zone District Map, this application does not impact traffic generation and road safety. 2. As required for an amendment to the Official Zone District Map and Conditional Use review, this application does not result in demands on public facilities nor does it exceed the capacity of such public facilities. The only potential impact to public facilities is related to fire protection and the applicant has shown on the attached drawing that the containment structure for these tanks is 38 feet from the shop building which meets the requirement for Fire Code. 3. As required for Conditional Use review, this application does not change impacts to pedestrian and vehicular circulation, parking, and trash. The tanks are being moved but will remain the same size and will have the same function. jg /shop cc: Chuck Roth Bob Gish Jack Reid /2 ASPEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM To: Kim Johnson Planning Office ili3/4441 From: Environmental Health Department / Date: November 11, 1991 Re: City Shop Fuel Tanks We have continued to review the proposal for technical concerns. We have verified the planned tanks for conformance with the specific EPA and State Regulations governing aboveground storage tanks and piping. It is important to note that the regulations were established to ensure proper installation and management of fuel storage tank systems in order to eliminate any threat to health and the environment. Other area companies with similar needs for fuel storage have chosen aboveground tanks as the best option to economically meet imposed EPA regulations and requirements on the underground tanks. Providing a new aboveground tank installation brings the City into compliance with all fuel storage requirements. It removes the impending hazard of leaking fuels from the existing, potentially corroded underground tanks. The tank installation allows for easy performance of visual inspections. The containment basin and curb will hold about 140% of the stored product and will certainly minimize the damage to the environment by containing a massive tank leak. We would recommend that the tanks feature a double -wall, system with interstitial spaces that can be continuously monitored. The inner and outer steel tanks and supports should be UL listed. We are assuming that the new fuel storage tanks will have safeguards for spill - overfill protection. The new fuel island should help to prevent spilled fuel products from entering adjacent surface waters. The proposed location of the aboveground tanks is further from Castle Creek, and therefore preferable to other locations on the shop property. It is our opinion that selection of appropriate aboveground tank solutions should be safe and reliable. This should satisfies any environmental concerns and allows compliance with State regulations. Aboveground storage tank regulations have not yet been promulgated by EPA. cc: Bob Gish Jack Reid Tom Dunlop 13 130 South Galena Street Aspen, Colorado 81911 303/900 -5070 NOV 07 '91 01:02PM ASPEN FIRE P.1 /1 1 SUROI11 70lR +1.101 TABLE NO1711aliNa f.R RI*`I INa PUUURI QMATIR 1 4r), � rr . 4 . , 4 ,,. N*WTAS MeSTTm ►"" 04 ro r Thbl� Na 11/4 dos Ttk6Tae d • 9 kattket(w 1L%3.Fhullhella �Y 7 tYPe - io fWaf/6it croft atta 1 ,5034b bt+lta. Nos aaatr adios stameadaa d___ de ma nom t41► r Now Oat , TARLEN*, 7R16 Toe OP Sat Pows011O11 Sion Oa at isuolimand asst WO Nae Dimas* thole Ndmat Citeturatetdt VS tkwt dlmetetat lank fee 2dm a sawOrdusk M dmn� Q 74 W] 4Isi mastmdunk ti dam as a t New bawd eat� 771 oak .r: d "assets pees oovm s r wow wwN� m nom s papaw cos o atos • us cT ci" WILL /fMt Ce.•rtir41 £017N 1 r 4 't$C (I /eas • $0( O•40 14h35*/i & / 4 Alit nAer$ NOV 07 'Si 01 00PM ASPEN FIRE , .. P.2/5 1901108.. 70.0014, 75.. .i{ 70.e04 TAILI NO.7i.us4 —GLASS IY41.14'W4 QAMOww alums 12„000 et lus 5 5 11,001 to 70,000 10 5 10.001 S 50.000 10 10 50.001 s 100.000 100,001 comas 15 a 15 TABLE NO, 7S.110S411 UK IN %B OO NO&. 0 .. _..,„_ p; ) ,,; 14 37S or los . 11,01' 2 5 ell �, s 01,031 so 100,0011 n_ 1 25 500.001 r 5 i 0„000 100 55 Si 1,00041 a 5.000,000 155 6 5! i000�i a 3403.0X1 10 ••.,,0 5,000,00 moms 175 0 ! PISIM Bann Adjacent Tanks rea. TAWS 00 link l41111b tM spans bat tanks ooe$Wngodds liquids 'ball ktolls die set Se l Table No, 79.504-A Weak pas adayap6el�irl« ids, en \ ../ a la ankterdapaReie, - roladwl'pmeihodIA Shia Na.19.50MA adsrekdr may be0egdrodby Bo GOWN 0uk uelakia010101aonhe sotadbk for ika•Aphdng purpose. MI IS NOV 07'91 01 :01PM ASPEN FIRE P.3 /5 Ilea EOIDON 7 austa607 • (OWN Above Grab.76eks dull be reuhl7 fpportol, Supports tar tanks Mini C I, II or III-A igddl tbdl be d aaareae, muoeY « p1Orauld steel. 6hsgle wood timber supports boat cooks) kW bodso.hUY nay to used for ..� kaki&aboveground Wm Knot mnmthan 12Se bsi% fs at their Iowa plat. (arrePreteedowatitrdSupport IS uppaets a/Aosta/ tanks storing Clue I, II «IIFA liquids shall lave. tine eehtsoee /dune of not lees din two bosh, except dal wild web suet saddles eyed not be rand it lw than 12 than high al Ss lowest point. At the dhcmdcn or the chief. wuewsprt7 liter iscemdwa whit WIC, ShndsM No. 79 - 2, 01.1.3.C. Suede/4Na xtwh6attpmayrbbe used. tub '"" be in ruiw.14w �ea�p d me/kaki and dull comply wi h the Doildt.gCoda Tanks than be a sapportln6ledda as to pout stop the ate dve omaaotretla of loads (IPV (stile aar de to m6ndeetal g, as �pSSS// _ a soy a asaJed geodes, (l Stink Dodp. la seas abject IS edthqualma, the tank Maria cod , mht binge u I oath d verb throb In seta v ' ww. Planks an %ldlp IYS Ss M606. iron, Piga smwalkwapt ea be of aaaaombtutlbla .."" eomatrneden rd dull be desired and eoosa1oted le.eeodenee with du 3u114- 1* Drel tea.DUI..andVAlle tat AbewiratadISIS /s 407. (a) coed. n wx.attewed p lei atai« otmew dal ...+ e. "a eedutgaebt a41w.k tub tl •t ��ropany or ma k, wow - liquid wait Thee pnvidens he Steed « mired whea determined yes the thief wok w an or owning a6 Mops' d r et 'pedal bon u spot taphied snakes, Sus cleaoteputy and proedmit y to buildings on die lame « Sot repots tapedtr rod tonsmodee al nand the ounces /Maids to be stood and stars aadre alto leer p pi/metier reeked. Dralnyt, Wham pomades et ndloawt tube no eillil i property we waterways is by mesas et a scud or nomads dialogs gems won goes shall ennoly widt du followings . Draw sh n ba smoked at a dope diet lee thee 1 percent ow bnm the rat toward an larsuralas bale « w approved asses d avail hwfng n '•—' aspse ty pnhr this diet el du lsrpst t.rk awed, Tide to tkudon wand the tons oldie dntustsystam.blf th eouutin g prows laths&deer system will not sestol.ly endanger inks re sdkitdos I.t I(6' NOV 07 '91 01 :01PM ASPEN FIRE P.4 /5 • 70.1f4 1 tires dPIMDODO (e) Diked Alta Where promotion of speed Wile, adjoining property or watawsys is semmplldied by�Sliquid mound the tank by memo of a au dad Das, ehdluadamaeball with the tbbowbtg: 1. tai vdwnala espaky efhefted ma dean b not lam man the amoaat ti✓ amount of liquid dal ern be tamed hem the lar{ae teak witde the diked amt. }beospaoiry aidr the eaelahy the °I" lated drdadeg ma vola maatur h nkt othertbmdmk tmkbelowme hal$ht of the dike. 1. Walk of the diked area shall be of earth, and, connate at solid mw�uy daigrodmbaiqu fddg& and to wklydmdshithydr aWbhad.EwthmvWe3 fed remote la height shall lave elks soda aethe top wean has 2 het wide. The algae droll be aondmede with the angle of repose of the medal of which the walls enconanmmd. 3.1 walbof the diked eras dad betessfamd m an nap belg a of 6 feet above the let da gads, angst m provided Is Item No. 4 Wow 4. Dies maybe higher thra a average of 6 het above hadot gads white provIMon we mede fa Mond and mammy miergaricy ease to rob. valve sad other equipment ad *decease from the diced mmlesn A. � mamma from Seder made as ;diem the distance between my teak aid the l o p atipetdwdikewall lelawthmmatteight well, previsions ad be made far normal operation of valves and for • aeons ID talc mob without amSnt below the tap of the dike. Than eaybent mr0agbteus dumps opeatedvalves,elevoted wal provident ° i a m. 1. Piping pwlag dam* dike wdb dab be dosing m proem excadw amass a a renuk of wnhmae a fire explore, C. The rddrumt Samba betwua teaks and the tee of the interior damwalla �. hall be fest. 3. Dtpbdatedaaaesstaing two omenage dabs subdivided, preferably b talus �ntom impeutby lbasherbyInti Intimidate curbs or Mad area s Sawa prow milk from Wm with he • A.. When wring earmelly male Ilquida is ventral cane roof tub ear amend with oak rookadmb seam or approved feting mot tub err `-" Miss modem erode petroleum in producing arms le art type of trek, ens subdivider fhr lath teak hams of 10.000 bends end ass mbdlvWoa far ash pap dents (no oak amedhg10,000•bt elGawky)having in aggregate mask, not eaoeedky 13,000 bomb. U. Vibes stark$ naratnfy stable, damnable or ambuadble *pas In teals • set wavered fat aa inn subdivider, for each tank in exoeu of 100,000 awmeeeedllne 1 .00apdhsasp.eky�jhaving swum eapadlyr� `••••••' exmding 130.000 ge17a (3,370 bmrda). '7 LAND USE REGULATIONS § 5 -211 materials and components, lumberyards, manufacture and repair of electronics or sporting goods, printing and publishing plants, telecommunications supply, typeset- ting, warehousing and storage, shop-craft industry and similar uses, artists' studios with optional accessory dwellings. All of these uses are permitted provided they do not create unusual traffic hazard, noise, dust, fumes, odors, smoke, vapor, vibration, glare or industrial waste disposal problems, and provided that no permitted uses principally sell daily or frequently bought items to the general public; 2. Accessory residential dwellings restricted to affordable housing guidelines; 3. Home occupations; and 4. A • • :.:., . , uildings and uses. , he ask. uses are permitted as conditional uses in the Servi .mmercial/Industri: ne district, subject to the standards and procedures established in Article 7, Division 3. 1. Full- service gas station; 2. Dance studio; 3. Martial arts studio; 4. Dwelling unit accessory to permitted uses other than artists studio; 4' 5. Catalogue sales store; 6. Laundromat; 7. Photography studio; and S. Satellite dish antennae. D. Dimensional requirements. The following dimensional requirements shall apply to all permitted and conditional uses in the Service/Commercial/Industrial (S/C/I) zone district. 1. Minimum lot size (square feet): 6,000 2. Minimum lot area per dwelling unit (square feet): For artist's studios with accessory residential dwelling units and for other acces- sory dwelling units on lots between 6,000 and 9,000 square feet, the following square feet requirements apply: Studio: 1,000 1 bedroom; 1,200 2 bedroom: 2,000 3 bedroom: 3,000 Units with more than 3 bedrooms: One (1) bedroom per 1,000 square feet of lot area. Supp. No. 1 1645 LAND USE REGULATIONS § 5 -219 3. All other uses: Requires special review pursuant to Article 7, Division 4. Sec. 6 Park (P). A. Purpose The purpose of the Park (P) zone district is to ensure that land intended for recreation use is developed so as to serve its intended use, while not exerting a disruptive influence on surrounding land uses. When a Park (P) zone district is designated with a Transportation Overlay (f) zone district designation, its purpose is to provide for the use of for both parks and public transpor- tation facilities in the most compatible manner practicable, but with the park character remaining dominant. When a Park (P) zone district is designated with a Drainage Overlay (D) zone district designation, its purpose is to provide for the use of both park and drainage system facilities in the most compatible manner practicable, with the park character remaining dominant. When the Park (P) zone district is designated both with the Transportation Overlay (T) zone district and the Drainage Overlay (I)) zone district, its purpose is to provide for the use of parks, public transportation facilities, and drainage system facilities in the most compatible manner practicable, with the park character remaining dominant. When the Park (P) zone district is designated Golf Course Support (GCS) Overlay zone district, its purpose is to provide for the use of public golf courses and adjacent support facilities in the most compatible manner practicable, with the park character remaining dominant. B. Permitted uses. The following uses are permitted as of right in the Park (P) zone district. 1. Open -use recreational facility, park, playfield, playground, golf course, riding stable, nursery, botanical garden; and 2. -. • uildings and uses. C. Conditional use. e following uses are permitted as conditional uses in the Park (P) zone - , : • • to the standards and procedures established in Article 7, Division 3. 1. Recreation building; 2. Sport shop; 3. Restaurant facility; 4. Park maintenance building; and 5. Satellite dish antennae. D. Dimensional requirements The dimensional requirements which shall apply to all permitted and conditional uses in the Park (P) zone district shall be set by the adoption of a conceptual development plan and final development plan, pursuant to Article 7, Division 9, Planned Unit Development. • Supp. No. 1 1652.9 �9 kirA f wlerr'i d § 5 -219 ASPEN CODE E. Of - street parking requirement The following off - street parking spaces shall be pro- 111 vided for each use in the Park (P) zone district subject to the provisions of Article 5, Division 3. 1. Lodge use: 1 space/bedroom 2. Residential use: N/A 3. All oth - Requires special review pursuant to Article 7, Division 4. Sec. 5- Public (PUB). - A. Purpose T purpose of the Public (PUB) zone district is to provide for the develop- ment of governmental and quasi - governmental facilities for cultural, educational, civic and other-governmental purposes. B. Permitted uses The following uses are permitted as of right in the Public (PUB) zone district. 1. Library; 2. Museum; • 3. Post office; 4. Hospital; 5. Essential governmental and public utility uses, facilities, services and buildings _ (excluding maintenance shops); 6. Performing art center; • 7. Public transportation stop; 8. Terminal building, and transportation related facilities; 9. Public surface and underground parking areas; 10. Community recreation facility; 11. Fire station; 12. Public school; 13. Public park; and 14. - • buildings and uses. r Conditional uses. The following uses are permitted as conditional uses in the Public (PUB ,n- , - . ect to the standards and procedures established in Article 7, Division 3. 1. Maintenance shop; 2. Affordable housing; and 3. Satellite dish antennae. D. Dimensional requirements The dimensional requirements which shall apply to all permitted conditional uses in the Public (PUB) zone district shall be set by the adoption of a • Supp. No. 1 1652.10 R 0 LAND USE REGULATIONS § 5 -510 conditional use. The off - street parking requirements and other dimensional requirements which shall apply to the use shall be those of the zone district in which the use is a permitted or conditional use, but shall be calculated on the basis of the land area and development of the entire parcel. B. Proposed use allowed in all zone districts. When a parcel of land contains more than one underlying zone district and the proposed use is allowed in all of the respective zone districts, then: 1. The use shall be developed by comparing each dimensional and parking requirement of the respective zone districts and applying the more restrictive.ofeach requirements. These requirements shall, however, be calculated based on the land area and development of the entire parcel. 2. The only exception shall be when the area of the parcel which is designated with the zone district which permits the higher density constitutes more than seventy - five (75) percent of the entire land area of the parcel. In this case, the use shall be developed using the dimensional requirements and off- street parking requirements of the zone district permitting the higher density, which shall be calculated on basis of the land area and development of the entire parcel. Sec. 5. ( ) the Miscellaneous provisions. storage tanks. All fuel storage tanks shall be completely buried beneath the surface of the ground. • B. Lights. Any light used to illuminated parking areas or for any other purpose shall be so arranged as to reflect the light away from nearby residential properties and vision of passing motorists. Sec. 5-510. Accessory dwelling units. A. Standards. Accessory dwelling units shall not be subject to the minimum lot area per dwelling unit requirements of Article 5, Division 2, but shall be subject to all other dimen- sional requirements of the underlying zone district. Parking shall not be required if the unit is a studio or one bedroom unit, but one (1) parking space shall be provided on -site if the unit contains two (2) bedrooms and one (1) additional space shall be required for each additional two (2) bedrooms in the unit. The accessory dwelling unit shall contain not less than three hundred (300) square feet of net livable area and be located within or attached to a principal residence. It shall meet the housing designee's guidelines for such units, meet the definition of a resident occupied unit and be rented for periods of six (6) months or longer. The owner of the principal residence shall have the right to place a qualified employee or employees of his or her choosing in the accessory dwelling unit. B. Bandit units. Any bandit dwelling unit which can be demonstrated to have been in existence on or prior to November 1, 1988, and which complies with the requirements of this section may be legalized as an accessory dwelling unit, if it shall meet the health and safety requirements of the Uniform Building Code, as determined by the chief building official. Supp. No. 1 1667 a ty • it Zak ,*. t • 19 Hy t• ina _ MEMORANDUM To: Aspen Planning and Zoning Commission From: Roxanne Eflin, Historic Preservation Officer Re: Castle Creek Power Plant (City Shops): Landmark Designation (public hearing) Date: December 3, 1991 SUMMARY: The City is seeking Landmark Designation for the historic Castle Creek Power Plant, used today as the City Shops. The timing of this application for "H" Historic Overlay zoning corresponds with the current underlying rezoning application to "PUB" (public) . In 1989, this building was determined eligible for listing on the National Register of Historic Places. A copy of the nomination is attached for reference. APPLICANT: The City of Aspen LOCATION: 1080 Power Plant Road, City of Aspen LOCAL DESIGNATION STANDARDS: Section 7 -702 of the Aspen Land Use Regulations define the six standards for local landmark designation, requiring that the resource under consideration meet at least one of the following standards: A. Historical importance: The structure or site is a principal or secondary structure or site commonly identified or associated with a person or an event of historical significance to the cultural, social or political history of Aspen, the State of Colorado, or the United States. Response: The Castle Creek Power Plant, completed in April of 1893, is significant for its historic role in the use of hydro - electric power in the economic and industrial development of Aspen in the late 19th century. It is also significant for its role in the development of mining in the Aspen vicinity and Rocky Mountain West. The plant provided energy for industrial, commercial and residential use up to 1956. The Castle Creek plant augmented the Hunter Creek plant, which had reached its capacity in 1892 in its electricity production. B. Architectural importance: The structure or site reflects en" t an architectural style that is unique, distinct or of traditional Aspen character. Response: Its architectural significance as a building type represents one of the few 39th century industrial buildings remaining in Aspen. With the exception of the incompatible cinder -block addition, the building has retained a great deal of its original architectural integrity. The decorative brick work, corbelling and steel roof demonstrate those architectural features associated with pre- automotive industrial buildings. The interior has been greatly modified since the building was converted to City Shops use in the 1950's, however, original hoists and pulleys are visible today. C. Architectural importance: The structure or site embodies the distinguishing characteristics of a significant or unique architectural type or specimen. Response: The subject resource is in its original location, and the feeling and function of the building as a power plant remain readily apparent. Staff finds this building contains distinguishing characteristics of a significant architectural type. - D. Architectural importance: The structure is a significant work of an architect whose individual work has influenced the character of Aspen. Response: The building's exterior design and internal layout was designed by Charles Doolittle. Although not an architect by trade, Doolittle, an engineer, developed the patented devise which maintained the constant speed of the water wheel during variations of load on the power generator. His knowledge of building form and function to achieve peak operating efficiency to provide hydro -power for community use had great influence over the character of Aspen in the 1890's. E. Neighborhood character: The structure or site is a significant component of an historically significant neighborhood and the preservation of the structure or site is important for the maintenance of that neighborhood character. Response: The Plant itself does not contribute to the character of a neighborhood, due to its somewhat hidden location. However, the building's association with its site is wholly integral to its historic integrity. F. Community character: The structure or site is critical to the preservation of the character of the Aspen community because of its relationship in terms of size, location and architectural similarity to other structures or sites of historical or architectural importance. Response: The preservation of Aspen's industrial buildings is critical in terms of our ability to interpret the organic history of Aspen, the Town. Vestiges of our ind the i allpas t ( Hunter Creek Plant (now the Art Museum), Marolt "barns ", Armory Hall, ruins of the Holden mill and the brewery) are irreplaceable reminders of our heritage. The preservation of the character of Aspen is as dependent upon these industrial resources as the residential and commercial landmarks we more commonly associate with our p t RECOMMENDATION: The Planning Office recommends that the Planning and Zoning Creek Power Plant, also known as the City Shops tion of the Castle Additional comments: memo.pz.ccpp.ld NPS Form 10 -900 OMB No. 1024 -0018 (Rev. 8/86) NPS /WHS Word Processor Format (Approved 03/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES REGISTRATION FORM This form is for use in nominating or requesting determinations of eligibility for individual properties or districts. See instructions in Guidelines for Completing National Register Forms (National Register Bulletin 16). Complete each item by marking "x" in the appropriate box or by entering the requested information. If an item does not apply to the property being documented, enter "N /A" for "not applicable." For functions, styles, materials, and areas of significance, enter only the categories and subcategories listed in the instructions. For additional space use continuation sheets (Form 10- 900a). Type all entries. Use letter quality printers in 12 pitch. Use only 25% or greater cotton content bond paper. 1. Name of Property historic name Castle Creek Power Plant j other names /site number City Shops/ SPT561 0 2. Location street & number 1080 Power Plant Road N/A not for publication city. town Aspen N/A vicinity state Colorado code CO county Pitkin code 097 zip code 81611 3. Classification Ownership of Property Category of Property No. of Resources within Property private X building(s) contributing noncontributing X public -local _ district 1 _ buildings public -State _ site _ sites _ public- Federal _ structure _ 1 structures _ object _ _ objects 1 Total Name of related multiple property listing: No. of contributing resources previously listed in the Historic Resources of Aspen National Register 0 4. State /Federal Agency Certification ," As the designated authority under the National Historic Preservation Act of 1966, as amended, I hereby certify that this _ nomination _ request for determination of eligibility meets the documentation standards for registering - properties in the National Register of Historic Places and meets the procedural and professional requirements set forth in 36 CFR Part 60. In my opinion, the property _ meets_ does not meet the National Register criteria. See continuation sheet. Signature of certifying official Date State or Federal agency or bureau - In my opinion, the property _ meets _ does not meet the National Register criteria. See continuation sheet. Signature of commenting or other official Date State or Federal agency or bureau 5. National Park Service Certification (2 I, hereby, certify that this property is: _ entered in the National Register See continuation sheet determined eligible for the National Register. _ See continuation sheet _ determined not eligible for the National Register. removed from the National Register other, (explain:) Signature of the Keeper Date 6. Functions or Use Historic Functions Current Functions (enter categories from instructions) (enter categories from instructions) INDUSTRY /PROCESSING /EXTRACTION GOVERNMENT /Public Works Power Plant 7. Description Architectural Classification Materials (enter categories from instructions) (enter categories from instructions) foundations Sandstone OTHER: Industrial Vernacular walls Brick roof Steel other N/A Describe present and historic physical appearance. In 1892 the Roaring Fork Electric, Light and Power Company commenced the erection of a hydroelectric station, known as the Castle Creek Power plant, on the west bank of Castle Creek, just west of the city limits of Aspen. Completed in April, 1893, the main building was 110 feet by 36 feet, with two "„ small exterior projections to contain the valves in the main lines, pressure j regulators and relief valves. Charles Doolittle, patentor of the Doolittle Differential Governor, designed the building and determined the placement of water wheels, shafting, pipe lines and was responsible for other construction details. The building has stone foundations, brick walls, a steel roof and a concrete floor. The only timber used were the door and window casings, and a timber bed for each dynamo. At the time of recording the roof contained the original Berlin Bridge Company, anti - condensation, fireproof lining, which has been determined as hazardous asbestos and will be removed. "The Roaring Fork Electric Light and Power Company ", published in Electric Review, January 5, 1907, described the station as having a four ton traveling crane, which ran on nine inch beams, and spanned the entire width of the building. The power was produced by five Felton wheels, each with two nozzles. The wheels were enclosed in wheel cases of masonry and cast iron, with stuffing boxes around the shaft, so that the water was confined to the wheel case. The shafting, carried on adjustable pillow blocks set on masonry piers, was arranged so that any part of the line shaft or pulley could be released. The nozzles supplying water to the wheels were originally equipped with butterfly valves, which all operated at the same time. These were later replaced by a gate mechanism designed by Doolittle, to open or close in rotation and resulted in a great water savings. Today the shell of the building remains very similar to what it was historically. The exterior retains its corbelling and decorative brickwork, similar to that found in many late nineteenth and early twentieth century industrial buildings. It is clearly pre- automotive in character. The structure shows signs of deterioration due to poor drainage, deferred maintenance and harsh weather conditions, with lateral mortar cracks appearing at random throughout the entire structure. XX See continuation sheet • -- \PS Form 10 -900a OMB No. 1024 -0018 (Rev. 8/86) NPS/WHS Word Processor Format (Approved 03/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number 7 Page 2 Castle Creek Power Plant The interior has been heavily modified with only distribution pipes and valves and the traveling cranes remaining. All hydroelectric operating equipment has been removed. The interior brickwork, particularly the crane supports and door archways are extant. The original concrete flooring has been maintained and remains extant. The ceiling, however, has been lowered with the addition of metal panels. There are two buildings on the site, the power plant is contributing and the equipment garage is non - contributing. The garage is a long shed -like building with stalls for the equipment. There are no doors. It was built after the period of significance. � • 8. Statement of Significance - - Certifying official has considered the significance of this property in relation to other properties: _ nationally _ statewide _ locally Applicable National Register Criteria X A_ B X C_ D Criteria Considerations (Exceptions) A B C D E F G Areas of Significance (enter categories from instructions) Period of Significance Significant Dates ARCHITECTURE 1892 -1932 1892 INDUSTRY 1892 -1940 Cultural Affiliation N/A Significant Person Architect /Builder N/A Charles Doolittle State significance of property, and justify criteria, criteria considerations, and areas and periods of significance noted above. 0 The Castle Creek Power Plant is significant under Criterion A for its historic role in the use of hydro - electric power in mining in Aspen and the Rocky Mountain West. It is significant under Criterion C as representative of a type of building used for nineteenth century hydroelectric power and industrial plants. Castle Creek Power Plant is significant for its association with the history of the development of Aspen and its mining industry. The plant provided energy for industrial, commercial and residential use up to 1956. Construction began in 1892 and was completed in 1893. The Castle Creek Power Plant augmented the Hunter Creek Station after it had reached capacity in its electricity production. The design of the building and interior arrangement of water- wheels and shafting, and its pipelines were all designed by Charles Doolittle who had developed the patented Doolittle Differential Governor, a device which maintained the constant speed of the water wheel during variations of load on the power generator. Castle Creek Station had two supplies of water from the Midland flume on Castle Creek and from the Maroon Creek flume. As a precaution, the water company also built a reservoir in 1894 incase the flow of water from the flumes was interrupted. Electricity was carried from the station' on one main pole -line to supply approximately twenty different mine and mills with ten to one - hundred and twenty - five horse -power units. XX See continuation sheet 0 NPS Form 10 -900a OMB No. 1024 -0018 (Rev. 8 /86) NPS/WHS Word Processor Format (Approved 03/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number 8 Page 2 Castle Creek Power Plant When the huge demand for electric power dropped in 1893 due to the collapse of the silver mining industry, the Castle Creek station continued operation to supply power to the community and to those mines that did re -open. In 1909, when the Hunter Creek station ceased operations, Castle Creek was the sole provider of electric power to Aspen and vicinity. The Hunter Creek Station was acquired by the city of Aspen in 1976 and was converted into the Aspen Art Museum. Improvements were made to the Castle Creek plant in 1904 and again in the early 1910s. The construction of the Twin Lakes Water Diversion Tunnel near Independence Pass in 1932 briefly increased demand for electricity from Castle Creek Plant. For the next twenty years the demand for electric power was sporadic. The skiing industry played a significant role in increasing the demand in 1945 to operate the 0 ski lifts. In 1953, the Holy Cross Electric Association bought the Castle Creek Power Plant and operated it until 1956. By this time there was such a great demand for power throughout the Aspen area a substation and transmissions lines were constructed at Basalt. In 1958 Castle Creek stopped operations and was converted into the City Shops. The Castle Creek Power Plant has architectural significance as a building type representing one of the few nineteenth century industrial buildings remaining in Aspen. The building with its decorative brickwork and corbelling and its steel roof demonstrates those architectural features associated with pre- automotive industrial buildings. The Castle Creek Plant meets the registration requirements in the Aspen Hydroelectric Context in that it was an active generating station during the period of significance that made a contribution to the economic and industrial development of Aspen during the late nineteenth century. It is in its original location and the feeling and function of the building as a power plant remain readily apparent. The interior, however, is not considered significant in light of the removal of the critical pieces of operating equipment that would have allowed for visual reconstructions of the industrial process used to produce electricity. V 9. Major Bibliographical References _ Anonymous. "The Roaring Electric Light and Power Company." Electrical Review. 5 January 1907. Menke, Kathleen Marie. "Let There Be Light." manuscript, Aspen Historical Society. Aspen, Colorado. Previous documentation on file (NPS): XX See continuation sheet _preliminary determination of individual listing ( 36 CFR 67) has been requested _previously listed in the National Primary location of additional data: Register X State Historic Preservation Office _previously determined eligible by " _Other State agency the National Register _Federal agency _designated a National Historic _Local government Landmark _University _recorded by Historic American X Other Buildings Survey # Specify Repository: _recorded by Historic American Aspen Historical Society Engineering Record # 10. Geographical Data Acreage of property Approximately 2 acres UTM References A / / / / / / / / / / / / B / / / / / / / / / / / / Zone Easting Northing Zone Easting Northing C / / / / / / / / / / / / D / / / / / / / / / / / Zone Easting Northing Zone Easting Northing See continuation sheet Verbal Boundary Description The tract of land contained two (2) acres, more or less, located in the northeast Quarter of the Southwest Quarter (NE 1/4 SW 1/4) of Section Twelve, Township Ten South, Range Eighty -five west of the Sixth P.M., Pitkin County, Colorado, described as follows: Commencing at Corner No. -1 from which the west quarter corner of said Section Twelve bears north 80 degrees, 12 minutes, 48 X See continuation sheet Boundary Justification The boundaries as described include the power plant and the lot it sits on. The boundary as drawn contributes to the setting and feeling of the nominated resource as an industrial and power generation plant. See continuation sheet 11. Form Prepared By ,. name /title Carol D. Mehls /President ( .,3 organization Western historical Studies, Inc. date 1/27/90 street & number 1225 Atlantis Ave. telephone 303 - 666 -6208 city or town Lafayette state CO zip code 80026 NPS Form 10 -900a OMB No. 1024 -0018 (Rev. 8/86) NPS/WHS Word Processor Format (Approved 03/88) United States Department of the Interior National Park Service NATIONAL REGISTER OF HISTORIC PLACES CONTINUATION SHEET Section number 10 Page 2 Castle Creek Power Plant VERBAL BOUNDARY DESCRIPTION CON'T. seconds West 1732.95 feet, being also a point which bears North 81 degrees 9 minutes East 428 feet from Corner No. .3 of the Holden Tract, thence South 75 degrees 49 minutes East 346 feet to corner NO. 2; thence North 17 degrees 31 minutes East 163.7 feet to Corner No. 3, thence North 47 degrees 46 minutes West 255.7 feet to corner No. 4 thence North 75 degrees 49 minutes West 129.7 feet to Corner NO. 5; thence South 14 degrees 11 minutes West 254 feet to the place of beginning. • f ^1 • • RECORD OF PROCEEDINGS PLANNING & ZONING COMMISSION DECEMBER 3, 1991 Chairlady Jasmine Tygre called meeting to order at 4:30pm. Answering roll call were Sara Garton, Richard Compton, Bruce Kerr, and Jasmine Tygre. Tim Mooney, David Brown and Roger Hunt were excused. 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: This is going to be the last continuance. We are going to write them a letter stating that they have certain obligations to meet. 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. My thought is that when the code was written if there was some overriding purpose for having storage tanks underground then why 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 1 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 may or 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 loft 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 wasnLt 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 I 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 loft 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 1 upon completion of the replacement of underground tanks there would be no change to the site. Sara: But it should be reconsidered because they were put in in 1958. 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 conditional 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. Would you want this to be a standard condition? 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 all over 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 j Richard: So this is doing the rezoning text amendments and conditional use in one swell foop? 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 DEC -2` 1 JOHN P. FOLEY BOX 4307 ASPEN, COLORADO 81612 303 - 920 -1551 December 1, 1991 By Hand Ms. Kim Johnson Aspen /Pitkin Planning Office 130 South Galena Street Aspen, Colorado 81611 re: Rezoning of the City Maintenance Shop Property Dear Kim: I appreciate your having taken the time last week to explain your notices in the above captioned matter. Enclosed are my comments to the Aspen Planning & Zoning Commission. I have addressed my comments to Ms. Jasmine Tygre and I am obliged to you for delivering these and seeing that they are made part of the record. I believe as you look the comments over you will see that they are supportive of your efforts. Again, thank you for the information last week and for delivering these comments for me. Sincere , J ohn P. Foley enclosure i,5 N) cc: w /encl. Thomas Starodj 11 C^"'l Robert C. Camp 1• Susan Carter Pietro Daniele a SANDRA L. READ & JOHN P. FOLEY 501 SNEAKY LANE BOX 4307 ASPEN, COLORADO 81612 303 - 920 -1551 OEC-2 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 maintenance 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 - s Q PUBLIC NOTICE RE: `PERT AMENDMENT TO CHAPTER 24 OF THE MUNICIPAL CODE -ASPEN LAND USE REGULATIONS NOTICE I8 HEREBY GIVEN that a public hearing will be held on Tuesday, December 3, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the City of Aspen, 130 South Galena Street, Aspen; requesting approval of Text Amendments to the Aspen Land Use Regulations. The applicant proposes to amend Section 24- 5- 211.C. Service /Commercial /Industrial Zone - Conditional Uses and Section 24- 5- 220.C.- Public Zone District - Conditional Uses to include Above Ground Fuel Storage Tanks. Also proposed is an amendment to Section 24- 5- 509.A. Miscellaneous Provisions to allow Above Ground Fuel Storage Tanks by Conditional Use approval in the Public and Service /Commercial /Industrial zone districts. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. 8/Jasmine Mire, Chairman Planning and Zoning Commission Published in The Aspen Times on October 17, 1991. City of Aspen Account PUBLIC NOTICE `` J RE: CITY OF ASPEN APPLICATION FOR AMENDMENT TO THE OFFICIAL ZONE DISTRICT MAP OF THE CITY OF ASPEN FOR REZONING THE CITY OF ASPEN MAINTENANCE SHOP PROPERTY FROM RESIDENTIAL ZONE DISTRICT TO PUBLIC ZONE DISTRICT AND CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, December 3, 1991 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the City of Aspen, 130 South Galena Street, Aspen; requesting approval of an Amendment to the Official Zone District Map of the City of Aspen and Conditional Use Review approval. The applicant proposes to amend the zone district of the City of Aspen Maintenance Shop Property which is located at 1080 Power Plant Road from Residential (R -30) Zone to Public (PUB) zone. The Public Zone permits the following uses, library; museum, post office, hospital, essential governmental and public utility uses facilities, services and buildings, performing art center, public transportation stop, terminal building, and transportation related facilities, public surface and underground parking areas, community recreation facility, fire station, public school, public park and accessory building and uses. Maintenance shop, affordable housing and Satellite dish antennae are allowed by Conditional Use approval. See Section 24 -5 -220 of the Aspen Municipal Code. Also requested is Conditional Use Review approval for the placement of above ground fuel storage tanks on the City of Aspen Maintenance Shop property. These approvals will be subject to the approval of appropriate text amendments which are being reviewed concurrently. For further information, contact Kim Johnson at the Aspen/ Pitkin Planning Office, 130 S. Galena St., Aspen, CO 920 -5090. s /Jasmine Tvore, Chairman Planning and Zoning Commission Published in The Aspen Times on October 17, 1991. City of Aspen Account MESSAGE DISPLAY TO Diane Moore BC Kim Johnson From: Kim Johnson Postmark: Dec 05,91 1:59 PM Subject: tank location Message: I verified that the current location proposed is 150' from the high water line of Castle Creek. We don't need to address stream margin! X MEMO NUV 1 5 To: KIM JOHNSON From: JACK REID Date: November 14, 1991 Subject: NOTIFICATION OF CITIZENS 7 rbeay Id We have put in the mail today, notification to citizens living within 300' of the City Shop, of the public hearing at P &Z on December 3, 1991 at City Hall 2nd Floor at 4:30 PM. concerning the location of the fuel tanks at the City Shop. Also, we have installed the sign stating the time, location and purpose of the hearing on the front of the City Shop building. This has all been done on Thursday, November 14, 1991. 4.1/1 ilti° * 2 41992 MEMO To: KIM JOHNSON From: JACK REID Date: JANUARY 23, 1992 Subject: NOTIFICATION OF CITIZENS We have put in the mail today, notification to citizens living within 300' of the City Shop, of the public hearing at P &Z on February 4, 1992 at City Hall 2nd Floor at 4:30 PM. concerning the Conditional Use and Rezoning of the City Shop site. Also, we have installed the : gn stating the time, location and purpose of the hearing on th: front o the City Shop building. This has all been do on� ursd January 23, 1992. 1 , N viz doe g, te . i- lir \7' PUBLIC NOTICE RE: CITY OF ASPEN MAINTENANCE SHOP CONDITIONAL USE REVIEW NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, February 4, 1992 at a meeting to begin at 4:30 pm before the Aspen Planning & Zoning Commission, 2nd floor Meeting Room, 130 South Galena Street, Aspen, Colorado to consider an application submitted by the City of Aspen, 130 South Galena Street, Aspen; requesting Conditional Use Review approval for the City of Aspen Maintenance Shop Property which is located at 1080 Power Plant Road. Maintenance Shop is a Conditional Use in the Public Zone District. Approval of the Conditional Use Review will be conditioned upon the approval of the Map Amendment to rezone from R -30 to Public Zone District which is being concurrently reviewed. For further information contact Rim Johnson at the Aspen /Pitkin Planning Office, 130 S. 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J f Z 5 M Z 4 r d N I 1 1 I Ip '� 1 1 _ _ 1 1 , ,/, .. 11,11 .... 0 l 1 Y 4._0_____.__.:____ , _._i____.._._ ___,_____ 4 I � I i irt t T. r :::,,,,,,,,,,:,,, si i:i( L , 2 ::::::?:!:::::..: I N , iiI • 1 ir i t • t I 1 . - 1 I - , I CI\jr - I i y, I, ' 1 y li i L i&s,--grs•i i a' 1 , ', ,ti irt-,,' as i li � � I � , III I I 1 \ ■ I I 1 . l b I yoit ' 4 iiiit_g% sue i! : ' t T:Li -- 4.>- • '2 , % ' i . , cr . ... 5.,.),L- , t ft 4 24_* r 7,v4ip =--,cs,.. S� &Jr.: ma i fl r 4--L f. E ti N MEMORANDUM TO: Mayor and City Council THRU: Amy Margerum, City Manager FROM: Bob Gish, Director of Public Works Diane Moore, Deputy Director of Planning Bob Nelson, Environmental Health DATE: October 28, 1991 RE: City Shop Fuel Storage Tanks SUMMARY: At the City Council Meeting of October 15, 1991, Council directed staff to provide them with a list of alternative sites for the location of fuel storage tanks. The City Streets Department currently utilizes three existing underground tanks at the City Shop site and they need to replace these tanks in accordance with regulatory requirements. The tanks must be replaced by December of 1992. These tanks are utilized for the fueling of all city maintenace vehicles and this includes snow plows. BACKGROUND: In July of 1990, the Streets Department submitted an application for stream margin review for the replacement of existing underground fuel storage tanks with new underground storage tanks in the same location at the City of Aspen Maintenance Shop (See attachment A). Upon examination of the criteria in the Municipal Code, Section 24 -7 -504, this project received an exemption from stream margin review. However, it was reviewed by the Planning Department and Engineering Department with several conditions of approval. Additionally, the Environmental Health Department also verifies conformance with the specific EPA and State Regulations governing underground storage tanks and piping. The regulations were established to properly install and manage fuel storage tank systems in order to eliminate any threat to health and the environment. In September of 1991, the Streets Department installed concrete pads adjacent to Castle Creek to accomodate above ground fuel storage tanks. This was not the 4.ocation that was identified in their previous application. The Streets Department had assumed that the stream margin exemption review in July of 1990 encompassed the entire site; the approval in July of 1991 was only for the replacement of the underground fuel storage tanks in the same location as the existing tanks. It should be noted that the above ground fuel storage tanks were not placed on -site. PROBLEM DISCUSSION: The Streets Department would like to replace the three existing underground fuel storage tanks with two underground fuel storage tanks in the same location as the existing tanks. They will also remove the concrete pads that were placed adjacent to the Castle Creek. The Streets Department has received stream margin exemption review for this proposal and they would not be required to seek additional land use reviews for the replacement of the underground tanks. Council directed staff to identify alternative sites for the location of underground fuel storage tanks. If above grade fuel storage tanks are considered, then a text amendment to the land use code would be required as only underground storage tanks are permitted. Staff has identified the following alternative sites for the location of the fuel storage tanks. They are in order of preference if the Streets Department has to move their fueling facility. 1) Parks and Golf Shop Facility This is the closest site to the existing facility and would have the least impact. There would be no financial impact to the city because the distance would be minimal for refueling. Also, there are no neighborhoods to go through that are not already visited by vehicles and heavy equipment traveling to and from the City Shop. The tank installation will be handled by the fuel supplier. 2) City Water Plant Facility There is land available at the pipe yard for a fuel station. However, the vehicles would be traveling a distance of 2.4 miles to utilize this facililty. Also, it would require that all of the City heavy equipment travel within one block of the hospital and the Castle Ridge and Twin Ridge developments. The heavy equipment has to be refueled at eight hour intervals and it would be an impact to Doolittle Road. This location would also involve the installation of a dedicated phone line to the City Shop for a computer tie -in. 3) County Maintenance Facility The County has a fueling station in place at their shop. This would require a 6.2 mile round trip for all city refueling. Most of the heavy equipment travels at speeds of 20 mph or less which could pose problems on Highway 82 traffic flow. Other considerations are that the drivers would lose 20 - 30 minutes of work time every day to fuel the equipment. This would also involve the installation of the City's fuel system and a dedicated phone line for a computer tie -in. 4) Fueling at a Local Service Station (Gasoline only) This would involve the following expenses: a) .21 cents per gallon over base cost for use of the facility. b) Installation of the City's fuel dispensing system at the location. c) A dedicated phone line to the City Shop for tie -in to City's Fleet Maintenance System. d) An agreement with major oil company to purchase fuel at same or better price than existing. e) Locating a diesel fueling station in place at some other location. A concern of Council's was the potential environmental problems associated with the location of the fuel storage tanks and their proximity to Castle Creek. The location of the proposed underground fuel storage tanks (and the existing fuel tanks) is approximately 50 feet from the water's edge of Castle Creek. The review agency that addresses these concerns is the Environmental Health Department and they have reviewed the proposal (See attachment "B "). In the memorandum from the Environmental Health Department, the two identified options for replacement are above ground fuel storage tanks or new underground tanks (relocated or not). Both of these options are viable for the City of Aspen. The removal of the existing tanks offers the opportunity to perform environmental assessments of the old tank site. The new tank installation regulations for the replacement of the underground fuel storage tanks with the required leak detection, corrosion protection and spill /overfill prevention will minimize environmental hazards. Although leaks may be more difficult to detect than above ground tanks, there is still the ability to continuously monitor and manage the stored fuels. It should be noted that additional recommended levels of protection can be achieved with secondary containment. As stated in the Environmental Health memorandum, double - walled piping and tanks, containment vaults, and impervious geotextile liners for tank excavation and pipe trenches add a level of security. The subsurface soils deposits at the City Shop site consist of silty sands and a groundwater table deeper that ten feet. There is little advantage to locating the tanks one hundred feet from Castle Creek as opposed to the current location which is approximately fifty feet away. It is the opinion of the Environmental Health Department that " the selection of either the existing tank site or others satisfies any environmental conerns and allow compliance with the EPA and State regulations. RECOMMENDATION: Staff recommends that the three existing underground fuel storage tanks be replaced with two new underground fuel storage tanks in the same location as the existing tanks in accordance with the appropriate environmental regulations. ALTERNATIVE: The Council could choose an alternative site for the location of the new fuel storage tanks. CITY MANAGER COMMENTS: Attachments: Attachment "A" Site Layout of City Shop Attachment "B" Memorandum from Environmental Health Dept. fuel.cc.memo.dm. • z __ . .....7-' o r _ ..- w� z cc 0 . r 3 W — � _ ate. ' c• - o = • l 2� I\ x _ — • '�, �• / ,_ _ ----- / ., i "-.L 9 S /£ . L / N • / r / 0 5 r / • � y n /) Ai / ......—\ C) • 1/ I a , I'•'' // ;',x \ ; f 1 ) , /j / ' y y''' / • % III !i n / / N • J e / • O . 4 C� z z en 1 o 0 / Z Z Y • 0 F ~ 0 / O (7 • h 0 / w N F / /// O x CC w a In IV. / 3/4 ° //' W 284.0 ..__ - 1 ATTACHMENT "B" MEMORANDUM To: Diane Moore Planning Office From: Environmental Health Department Date: October 22, 1991 Re: City Shop Underground Fuel tanks • The Aspen /Pitkin Environmental Health Department has reviewed the above - mentioned proposal to address the technical concerns. The authority for this review is granted to this office by the ?;: Aspen /Pitkin Planning Office as stated in Chapter 24 of the Aspen "' Municipal Code, and to verify conformance with the specific EPA t N+.4 and State Regulations governing underground storage tanks and ,,- piping. It is important to note that the regulations were ' G < _ established to properly install and manage fuel storage tank systems in order to eliminate any threat to health and ;the environment. • Regulatory requirements require a phased, specific set of actions by the responsible tank owners,; and operators over a period of time (1986- 1996). The tank owners have deadlines to address each of the major requirements for leak detection, corrosion protection, spill a 4 nd overfill prevention. The potential for subsequent fuel leaks that may often result from the existing 'systems currently in use is less, but still remains. As a result, the City of Aspen proposals are intended to initiate the corrective actions required by law by fuel storage tank replacement. This meets all requirements and deadlines, if done now within the limited time frame that remains under regulations. To do nothing is, in our opinion, the only unacceptable option. The age of the tanks and lack of corrosion protection on the existing underground fuel storage tanks will only further postpone replacement and require additional actions and stopgap repairs to the fuel storage system that are expensive. Further, such measures, testing and retrofitting the tanks to meet the regulatory provisions of the law, provide only slight additional protection to prevent an eventual leak. The two identified options are replacement with above ground fuelg storage tanks or with new underground tanks (relocated or not)./ Either is an environmentally. sound solution. Further, removal of the existing tanks offers the opportunity to perform the environmental assessment of the ,old tank site and• to initiate ' remediation of any small leaks that may have occurred. Many area companies with moderate needs for fuel storage have chosen above ground tanks as the best option to economically meet regulatory requirements. Providing above ground tanks allows for easy performance of visual inspections. The proposed containment basin and curb will hold 110% of the stored product and will certainly contain massive tank leaks and prevent the fuel products from entering adjacent surface waters. It is a viable alternative for the City of Aspen. Underground storage tank replacement, with the required leak detection, corrosion protection and spill /overfill prevention is also a satisfactory option. We believe that the provisions of new tank installation regulations will minimize any environmental hazards in using underground tanks. While leaks may be somewhat more difficult to detect, there is still the ability to continuously monitor and manage the stored fuels. Additional recommended levels of protection can' be achieved with secondary containment. Double- walled piping and tanks, containment vaults, and impervious geotextile liners for the tank excavation and pipe trenches add a level of security. Provision of secondary containment facilitates very early detection of leaks and total recovery of any leaked petroleum product by convenient means already provided in the fuel tank system. Due to the basic subsurface soil deposits of the site which consist of silty sands and a groundwater table deeper than ten feet, there is little advantage to locating the tanks one hundred feet (100') from Castle Creek as opposed to the current location which as about forty feet (40') away. A fuel leak would be absorbed in the soils at either location for a time prior to reaching and floating upon the groundwater table. The basic hydrogeologic conditions indicate that any leaked fuel would migrate and behave in the same manner at any location on the Shop property. Therefore, the important point is to proceed as soon as possible with existing tank replacement to minimize the potential of leaks. It is our opinion that selection of either the existing tank site or others satisfies any environmental concerns and allows compliance with the EPA and State regulations. cc: Bob Gish Jack Reid Tom Dunlop MEMORANDUM TO: Jack Reid, Director of Streets Bob Gish, Director of Public Works Jim Gibbard, Engineer Francis Krizmanich, Deputy Director of Zoning Diane Moore, Deputy Director of City Planning John Worcester, Assistant City Attorney FROM: Kim Johnson, Planner DATE: October 15, 1991 RE: City Shop Fuel Tanks: Establishing Process and Reviews On October 2, 1991, staff met to discuss the situation regarding replacement of the underground gasoline and diesel fuel tanks at the City Shop on Power Plant Rd. Planning's thought was to process an amendment of the Land Use Code to allow above ground tanks as Conditional Uses. This would require an approval by the Planning and Zoning Commission at a public hearing. However, everyone was in agreement that not all zone districts would be suitable for fuel storage, specifically residential and downtown commercial zones. 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. We realized that the cleanest way to resolve the City Shop /fuel tank problem was to include a request for rezoning to Public (PUB) while the code amendment was being processed through the Planning and Zoning Commission and City Council. At the October 2 meeting Jack had indicated that the EPA required new tanks or monitoring equipment for the existing ones before December 31, 1991. I presented a schedule for a fast track process taking this deadline into consideration. According to that timeframe, the first hearing at P &Z was to have taken place on Oct.22. I have since determined that the public notice requirement could not have been met. The following is a revised schedule which moves back the first meeting date (the subsequent dates have not changed): November 5 - Planning and Zoning Commission: recommendation for rezoning to Public, code amendment to allow above ground tanks as Conditional Uses in certain zones, and Conditional Use for these specific tanks (public hearing) November 11 - City Council: First Reading of ordinance for rezoning and code amendment December 9 - City Council: Second Reading (public hearing) There is a chance that the Second Reading might occur on November 25 if the Clerk's Office can "pre- notice" the public hearing. I will keep you posted. Also, the Planning Office has to determine the most appropriate review process for amending the PUD plan for the Shop. If the amendment cannot be accomplished administratively, the P &Z and Council will hear the amendment request concurrently with the other reviews. In the past, conditional use requests have been approved by P &Z at the same time as code amendments and rezonings are processed. A condition of approval must be that the rezoning and code amendment are approved. The application should be submitted from the Public Works Department. The proposed schedule is very tight and puts pressure on Public Works to provide Planning with information on time. Planning will be responsible to do memo "turn- around" in one day or less, at times. We should expect that the process will take longer than the best -case scenario outlined above. Because of this potential, it is critical that Jack explore deadline extensions with the EPA (6 -12 months ?). Public Works should also determine the costs (financial and functional) of all above - ground and below - ground tank installations for comparative purposes. The project representative from Public Works must meet with Planning staff right away in a "pre- application" meeting to go the review processes and submission requirements. The application should be submitted no later than Friday, October 18. Bob, please contact Diane to work this out. I will be back in the office on Monday the 28th. Any important information should be relayed to me over CEO as I will be checking it every few days. Thanks very much for your teamwork! UPDATE FROM DIANE MOORE At the City Council meeting on October 15, 1991, Council directed the Planning and Engineering Departments to get together and propose alternative sites for the above ground fuel storage tanks. Council expressed concern that the fuel tanks could potentially be located in close proximity to the river. Bob and Jack should get together with Diane to prepare this memo. This item is scheduled for the Council meeting of October 28, 1991. Additionally, I had Debbie in our office prepare the public notices for the November 5, 1991 P &Z Commission meeting. The following items will need to be addressed if the above ground fuel storage tanks will be placed on the city maintenance facility: 2 1) Request that the parcel be rezoned from the R -30 zone district to the Public zone district. The parcel will still have a PUD overlay. This is a two step review and will be scheduled before both the P &Z Commission and City Council. 2) A code amendment would be required to amend the conditional use section of both the Public zone district and the S /C /I zone district to permit above ground fuel storage tanks as a conditional use subject to standards of review. This is a two step review and will be scheduled before both the P &Z and the City Council. 3) A code amendment would be required to amend the miscellaneous � provision to permit abve o ground fuel storage tanks as a conditional use in the Public and S /C /I zone districts. Currently, this section of the code only permits fuel storage tanks that are ofida buried beneath the surface of the ground. This is a two step review and will be scheduled before both the P &Z and the City Council. 4) Request conditional use approval for the fuel storage tanks in the Public zone district. This is only a one step review and is approved by the P &Z Commission. These items were advertised for public notice for the November 5, 1991 P &Z Commission meeting. Another item that we need to address is conditional use approval for the maintenance facility; a maintenance facility in the Public zone district is a conditional use. This could be handled at a later P &Z Commission meeting as it was not advertised for the November 5, 1991 meeting. Regarding the PUD amendment process, the change to above ground fuel storage tanks would be considered an insubstantial change to the PUD and would only require the Planning Director's sign off. cc: Amy Margerum, City Manager Jed Caswall, City Attorney jtkvj /fuel.memo Per+e1/44:47,0 l� ', i -4 j �� �! I rut 1 3 • MEMO To: DIANE MOORE From: JACK REID Date: October 21, 1991 Subject: ALTERNATIVE FUELING SITES There are really only three sites we can consider. They are \i/2) described as follows. They are also in order of preference if we do have to move our fueling facility. be 1 -PARKS AND GOLF SHOP FACILITY 114c. ?LA) avt ��5 This is the closest to the existing facility and would have the least impact from all points of view. There would be no financial impact to the city because there would be no distance to go out of the way to fuel. There are no neighborhoods to go through that are not already visited by vehicles and heavy equipment on their way to and from the City Shop. The question of tank installation is not a factor in any of these because it will be handled by our fuel supplier. 2 -CITY WATER PLANT FACILITY_ F �LJ\\G There is room at the pipe yard for a fuel station. However, this has a 2.4 mile impact on most vehicles and equipment that would use it. Also it would require that all of the City's heavy equipment travel within one block of the hospital and right by Castle Ridge and Twin Ridge on a daily basis. Most heavy equipment has to be fueled at 8 hour intervals. The traffic we would create on Doolittle would be monumental. This would also involve the installation of a dedicated phone line to the city shop for computer tie -in. 3- COUNTY MAINTENANCE FACILITY Lai The county has a fueling station in place at their shop. This is a 6.2 mile round trip for all city fueling. Most heavy equipment roads at 20 mph or less which would be a very negative impact on Hgwy. 82 traffic flow. It would also mean we would lose 20 -30 minutes of work time every day just to make the trip to fuel the equipment. This would also involve the installation of the City's fuel system and a dedicated phone line for computer tie -in. Alt. fuel. October 18, 1991 page 2 4- FUELING AT A LOCAL SERVICE STATION (GASOLINE ONLY) This would involve the following expenses: a- $0.0 per gallon over base cost for use of the facility. b- Installation of the City's fuel dispensing system at the location. Approximately $ c- A dedicated phone line to the City Shop for tie -in to City's Fleet Maintenance System. d- A deal with major oil company to purchase fuel at same or better price than existing. e- Putting a diesel fueling station in place at some other location. • MESSAGE DISPLAY TO Kim Johnson CC Diane Moore From: Kathryn Koch Postmark: Oct 15,91 8:35 AM Subject: Reply to: pre- notice Reply text: From Kathryn Koch: I have no problem pre- noticing this. We will need the ordinance by November 5th to publish. Preceding message: From Kim Johnson: The Public Works gang is in dire need to process a Quick code amendment and rezoning of the City Shop. would it be possible to pre- notice the second reading? The EPA has a deadline our guys are trying to meet. The dates in question are (at this point): first eadin. on November 11, second r-.• •• ovember 25. Please reply, and copy Diane Moore with the reply. If you have any quest_____ ..' -Le--> I'm out on vacation, give Diane a holler. She's familiar with the case. Thanks so much. a-- --- X �_, alb • 1[74v, A 1 ■ ' 2 t g / 1 -? UL) ' 12-c- S- 22 0 ,/ a fk ✓ U s G a� G M JAI ma p u Se S C •i csc • ' 17., , it, „ c 50m_ clistyuct , 10 (inktAlt, citt+jin_ C.--,ICPt inA.AP e - (- Na� C A _ DEVELOPMENT REVIEW COMMITTEE SUMMARY SHEET RR Date: I L I o3I I C1) Chairperson: Case Name: ' S\ xi j J Agent /Representative: p_ Case Tyne: REFERRAL COMMENTS SUMMARY: City Engineer: (memo forthcoming: yes no ) County Engineer: (memo : yes no ) Environmental Health (memo: yes no ) Fire Department: (memo: yes no.) Parks DepWr eat: (memo: ye 'no ) t#___ : ISM Building Department: (memo: yes no ) Housing Authority: (memo: yes no ) Attorney: (memo: yes no ) Other: Genial o ants: 1114A r — r MEMO To: KIM JOHNSON CC: BOB GISH From: JACK REID` Date: September 20, 1991 Subject: NEW FUEL TANKS AT CITY SHOP This is to give you information about the new tanks at the shop and what will be done to mitigate their looks at the new location. A- The actual tanks are 64" tall. They will come painted with rustoleum, but it our intention to paint them green. The pad on which they sit is designed to hold over 140% of the maximum capacity of both tanks. The pad is tipped away from the river and the water drain is in the southwest corner, also away from the river. B- There is currently a 6' tall chain link fence across the front of the compound containing the pad for the tanks. We will remove this and replace it with a 6' tall redwood (or cedar) fence. The new fence will run from the edge of the shop building to the corner by the river and down to the edge of the cold storage shed. This should improve the looks of the whole shop from the front and from the area across the river: i.e. property on Sneaky Lane C- The two reasons for moving the tanks from the original location approved by Stream Margin Review are (a) to address the environmental concerns; above ground tanks are much safer than below ground, and (b) because we are so limited in the amount of space we have. D- There will be a new pump island outside the fence which will be a computer generated gas dispensing system called "Gas - Boy". There will be one new diesel pump and one new unleaded pump. The existing tanks (underground) and pumps will be disposed of by Eaton Metals in accordance with Federal Regulations. The disposal will be monitored by the state. E- State permit to remove old tanks and dispose of them and to install new ones is in place. Obtained by Eaton Metals. F- City of Aspen building permit is in place. Copy being forwarded to you by Vicki Monge. I apologize for my misunderstanding and request that you administratively sign off on the amendment to the existing Stream Margin Review permit. Thank you - -Jack r - 130 S. G BUILDING PERMIT APPLICATION General a -Asp 081611 ABPEN*PITKIN REGIONAL BUILDING DEPARTMENT ConstrP f'I 303/920 -5440 PITKIN COUNTY ❑ CITY OF ASPEN ❑ / Applicant to complete numbered spaces only. /� ^ No. / — 40S JOB ADDRESS Pt•� � / / / / /t�T- . Y' I 2 LEGAL I LO T NO. t 1 BLOCK / ( TRACT OR SUBDIVISION (O SEE ATTACHED SHEET) DESC. OWNER MAIL ADDRESS ZIP PHONE / �1 CONTRA OR MAI DDRESS PHONE LICENSE NO. C Y�,l r 4. / ,� � e e- I n,Y Y (7 ` ' j / PS U y 44 (r' . , —Sl4t -7777 o ARCHITECT OR DESIGNE / MAIL ADOPEES PHONE LICENSE NO. 5. n H 1) K tt t / ricifunt ENGINEER MAIL ADDRESS PHONE LICENSE NO. 6. H H U K / / ; \\ l CLASS OF WORK: NSUS TOTAL FEE 7 ❑ NEW ❑ ADDITION ALTERATION ❑ REPAIR ❑ MOVE ❑ WRECK X A S USE OF BUILDING / P AN CHECK FEE PE ES S% USE TM DEP. VALUATION OF WORK • -"type oof Occupancy Group Lot Area Lys/ 9. / ;2)0 • 8C7 Il� / J / - rp' ( \ M/c Size of Balkan No. & Stories Occ. Load 10. Remarks Q (Total Square ) ` NO. 0 BEDROOMS Apse Zone Fire Sprinkler Required: EXISTING ADDED ❑ Yee o »07 ,/ p J ; / fit° ( p lr.of - y r-',} 1 d rj ems_ No. of Dwelling Units OFFSTREET PARKING SPAC S: Covered Uncovered 1 M JAY �1 . ac leaaf /0 Cat' Frn 1 1 SPECIAL APPROVALS REQUIRED AUU DATE et,. 01 �l'Y)fTPA^h Fib.^ ZONING.k O UI / 7- I ?fr fi / H.P.C. Fixture Count: PARK DEDICATION � / s � - �D - � HEALTH DEPARTM* Ok_ fN K -e FIREPLACE rr N. MHYNKIN ACCEFIED FIAN4LXE / n �� , / A / 7 p �i //^^ .� i At' � FIRE MARSHA ,,,......� ✓ ///��1, � ,,, ��. CGL ... (/i V l� L -T t � A R' w• - L DATE • NV WAT R � lVf - L /, NOTICE OTHER SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. SELECTION OF METHOD FOR PAYMENT OF USE TAX THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION 0 MONTHLY USE OF QUARTERLY RETURNS WILL BE SUBMITTED. AUTHORIZED IS NOT COMMENCED WITHIN 120/180 DAYS, OR IFCON- STRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A ❑ DEPOSIT METHOD: 3% OF 25% OF PERMIT VALUATION PAID NOW PERIOD OF 120/180 DAYS ATANYTIME AFTER WORK IS COMMENCED. AT ISSUANCE. FINAL REPORT ON TOTAL ACTUAL MATERIALS I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND COST MUST BE FILED WITHIN 90 DAYS AFTER COMPLETION OF KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND WORK. GENERAL CONTRACTORS CHOOSING THIS METHOD ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING OF A PERMIT DOES NOT MUST REPORT AND REMIT TAX FOR ALL SUBCONTRACTORS PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF THAT DO NOT OBTAIN THEIR OWN PERMIT. ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE P R. Fr •MANCE OF CONSTRUCTION. EMPT: STATE & PITKIN COUNTY RESALE NO EXEMPT ORGANIZATION MATE) THIS FORM IS A PERMIT ONLY WHEN VALIDATED. WORK STARTED WITHOUT PERMIT WILL DE DOUBLE FEE - .... . auen / la ' Plan Check Validation Permit Validation 3% Use Tax Deposit Validation y .� si • c \) J po.4-Jo c1 ►s wurrC_CII c enpv RRFFN— FINANCE DEPT PINK — BUILDING DEPARTMENT YELLOW— ASSESSOR GOLD - CUSTOMER Q v I ,{ LI B o at / ms s . SEP l z 1pg s B UDDING ✓ r " f er Records ,_ BUILDING INSPECTOR n y N75•zouW 40. Og S TC f '�(y /P'C'�� Wo'" v \/�vci Closure. - cb i °L tat 52,5 . 7-q i _ l f _` �3 J y NaT. j_ . �5 y / // / .. � ,.� 25 5 7 0 0 �W r . 64 / i • / // / //$ a s (�� Vali' Jb o , ita � /,/ � .,,o Ai'. 1 07 O .d „.04 je` s' i..' a, a • p�.y : � ( • WA pyb r: Y'. ip /* w pay •• • \V .4 / • 0 y 9045 t1G C° '/ "o 1.°'‘..2.9‘a . --14.514111° — . ,1 sEt 189.67 _ m. 6/n. • P.W 575.4900 "E { y {'R,l k ( p,' • St / .� N t CIr S � 1 ) *, �41M 61 pip �M +�1Vl CASTLE CREEK B G `. 13 p ■ . �Y y e 07-6. '913 R " -- pat D ec. A • uz 3 .. a 7-VFD paw' AS . . ' Dater 111111:01 OA 043934111.14 - '..s,' MEMORANDUM TO: Kim Johnson, Planning Office FROM: Jim Gibbard, Engineering Department t DATE: September 23, 1991 RE: City Shop Fuel Storage Stream Margin Review Exemption The Engineering Department has reviewed the above application and has the following comments: 1. The concrete containment structure for this fuel storage is outside the 100 year flood plain but is within 100 horizonal feet of Castle Creek. 2. Part of this containment structure is located outside the City Shop property boundary on a strip of unowned land along the river. John Worcester has reviewed this information and has indicated this would not be a problem. 3. The property owner across the river is satisfied that a 6 foot high redwood fence constructed around this containment structure will reduce the visual impact for him and he has given Jack Reid a letter which confirms that. 4. The containment structure has a volume of 1123.9 cubic feet which is more than adequate to hold a spill from the two 10,000 gallon tanks that will be placed there. jg /fuelstor cc: Bob Gish Chuck Roth .r /40 4 t T N • 7542 „ - Closer ; , , • y 4 0 . • / - t 1////7/ Nip- Y` i n �tiyw.� do ; 7 ' $ g : I/ 1 17 ‘ / , / I t ....na-•• *-11 ■ “ / r , 8 do .i GATE ;. • 1 a. �' Ny J rq mo b° e / ! 1 F • a`_yo` ` o y rare • . d° :C? ...�` LIGHT pOWE POLE j d: I P �� EWER PE PpW ER POLE � . 44 TM 44 �� ,•.. f y ci =� • I � j a . 68.1 : : ;1• ....... L4 gyp` / mo . dY' • �f� SH p . M w , . a ::, ic 31.8 .• 15.8 n .1 4 .. r re t. ... "s. p 0 � � it � 3.0 T 25T 14 4 4. I 3Q i o sr y L s. : y t y.n . r 4 �•'"—w�.� . w . d N 1 r N w' t ' I T N PLASTIC C AI► ? ? r c o , � r „b , 5 . wa �. s y 4 r,.c,y y *xr A , r �, ,r k i" ?� POWERt•P ,Y fr l x y S75 o4 189,67 ! I g V `•6 .4 "a y V eA TIE w. , r t ' C REE� p . NO_ W ITH PLASTIC CAP . ` R EBAR ,i _• 8 V C 5 nm6 MEMORANDUM TO: Bill Drueding, Zoning Officer THROUGH: Amy Margerum, Planning Director FROM: Kim Johnson, Planner RE: City of Aspen Streets Dept. Exemption from Stream Margin DATE: August 21, 1990 SUMMARY: Planning staff recommends approval with conditions for Stream Margin Exemption for the installation of two underground fuel storage tanks replacing three old ones. APPLICANT: City of Aspen, represented by Jim Gibbard, City Engineering Department LOCATION: The project is located at the City Shop at 180 Power Plant Road. ZONING: R -30 PUD APPLICANT'S REQUEST: Two fuel tanks will replace three existing tanks. The storage capacity will remain the same. The tanks will be placed in the same locations of two of the original tanks, one in front of the shop building and the other on the south side of the shop. The area to be re- developed is currently paved for parking and access for the shop. See site plan, Attachment "A ". STAFF COMMENTS: This project takes place within 100' of the high water line of Castle Creek. However, exemption from full Stream Margin review is possible when the following standards are met: 1. It can be demonstrated that any proposed development which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. RESPONSE: The development is not located in the Special Flood Hazard Area and therefore is not subject to this criteria. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is dedicated for public use. RESPONSE: There is no designated trail on this parcel. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: The above recommendations will be followed to the greatest extent practicable. No lasting visual impact will result from this project. No vegetation will be impacted. The character and use of this site will not be changed. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: There is no vegetation to remove and the project is not close enough to the stream bank to have any impact. Power Plant Road separates this project from the river. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: The project is too far from the river to have any impact. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: Same as above. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: Same as above. 8. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: The project is not in the 100 year floodplain. STAFF RECOMMENDATION: Staff recommends approval with conditions for Stream Margin exemption for the replacement of two underground fuel storage tanks adjacent to the City Shop building at 180 Power Plant Road. Conditions of approval are: 1. The removal and installation of the tanks shall be done in accordance with health and safety requirements of the State of Colorado and Federal agencies, whichever apply. 2. The hole resulting from removal of the third tank must be refilled and compacted to prevent subsidence. 3. Disturbed pavement must be repaired. No exposed gravel shall remain. jtkvj /fuel.dirmemo MEMORANDUM To: Kim Johnson, Planning Dept. From: William Schultz, Project Engineer Win. S . Date: August 21, 1990 Re: Streets Department Exemption from Stream Margin Review Application The engineering department has reviewed the application of July 11, 1990, which requests exemption from Stream Margin Review for the proposed replacement of existing underground gas tanks with new underground tanks in the same location at the City of Aspen Maintainance Shop. Upon examining the criteria as presented in the City of Aspen Municipal Code - Section 24-7-504 - B, this project appears to qualify for an exemption. cc: Chuck Roth Jim Gibbard WS /ws /memo.2 1 CITY ,� SPEN o A `Yu . 1 �. ' .:f � ��- ncil 303-920-51 mistration 303 - 920 -5198 FAX July 11, 1990 City of Aspen Planning Office Aspen, Colorado 81611 Attn: Kim Johnson Dear Kim: This letter is an application for an exemption of Stream Margin Review for development by the City of Aspen Streets Department which will be within 100 horizonal feet of the high water line of Castle Creek. This project will replace three underground fuel storage tanks with two which will be equal in capacity to the original three. Enclosed are the following: 1. The Application Form. 2. The following Minimum Contents of Development Application: a. A letter giving authorization to representative. b. The street address and legal description of the parcel. c. A disclosure of ownership. d. A vicinity map. e. Responses to review standards. 3. A site plan showing the following Specific Contents for Submission: a. The boundary of the parcel. b. Existing and proposed improvements. c. Any significant natural features. d. The 100 year floodplain line and the high water line. e. Existing grades at two and five -foot contour intervals. 4. A copy of Stream Margin Review Standards is included above in part 2 e. 5. There are no Public Hearing Notice Requirements for this review. 6. A General Summary of Application Process. Please let me know if you need additional information. c r y, Jim Gibbard Engineering Department jg /fueltank cc: Jack Reid Bob Gish Chuck Roth PLANNING & ZONING DEPT. 130 S. GALENA ST. ASPEN, CO. 81611 KIM JOHNSON Jack Reid, Street Superintendent of 130 S. Galena St. Aspen, Co. 81611, 920 -5130 as applicant for RIVER MARGIN hereby authorizes Jim Gibbard, of 130 S. Galena St., Aspen, Co. 81611, 920 5085 to handle said application for the installation of underground fuel tanks at 1080 Power Plant Rd. Thyk • Reid, . •erintendent 130 S. Galena St. Aspen, Co. 81611 CIT 09, ASPEN 130 • * reet asp. , *a . 31 I 2 0 / July 23, 1990 Planning Department City of Aspen 130 South Galena Street Aspen, Colorado 81611 Dear Sir /Madam: This is to confirm that the City of Aspen is the legal owner of record of the parcel of property upon which is situated the City Shop, with all improvements thereon, as illustrated by the attached Special Warranty Deed and Bill of Sale. Very truly yours, Edward M. Caswall City Attorney EMC /mc Enc. 'i44� t..3K( ^'� d la '� ( �E.i.[,.iF� ` �ti.+ i a.a-.r + .. +. .l�f_. .e r. .. .. f..• Filed for record at 9 :05 o'olook `.1l1. - ■p_.1 24,195 Reception No. 103590 Recorder SPECIAL YlARRAiiTY DELI) A:tD BILL OF SALE 1 TLIS DES 4) bat CF SALE, Dade this ierera day of APRIL. in the year j o of our Lord one thousand nine hundred and fifty -six between HOLY CROSS FIEC'TP.IC ASS:cLk IC : :, I',iC., a corporation duly organized and existing under and pursuant ' ■ to the laws of the state of Colorado, of the first part, and Tian CITv ti' ASP.:::, an incorporated City in the County of Pitkin of the State of Colorado, of the second parts ::i'T. SSETii, That the said party of the first part, for and in consideration of the sort of Ten Dollars and other good and valuable considerations, to the said party of the first part in hand paid by the said party of the second tart, the • receipt whereof is 1ereby confessed and ac}nowledced, has granted, barcalned, sold, corve.red, transferred and assi^ned, and by these presents does grant, bargain, sell, corvev: tra:sfcr and assi n unto the said party of the second part, its successors, anC. assigns, forever, all the following described properties in the County of Pitkin and :state of Colc:ado, to -wit: FL :ST P _- P:LaTY All that portion of tie :'.ortbeast Q_arter of the Soutruest Qt.^rtcr (r''' «1,;) . of Soe'ikcn - weave (12), Tc,mW.ip Ten (10) South, :tan :c 9. -.ty -five (a:5) Lest of the :sixth P. :., Pithir. County, Colorado, described as fellows: Coa :encinc at Corner ::o. 1 from If ich the west gaarter cursor of ., a:ct on _'uel.'c (12) Leass I:orth G0 'West. 1732.95 feet, ben: also a point rot :ich bears ;forth 81 ° 9' EP. St. 1 :23 feet fro n. Ccrn -r : :o. 3 of the I :old.en Tract; T :c :ace South 75 :fact 3b6 feet to Corner "o. 2; 14e•ce rcrth 17•31' East 103.7 feet to Corner ':c. 3; '::e :;ce ::orth 47.146 :Zest 255.7 fe t to Corner ::o. 1; ence ajrth 7 " :Test 129.7 feet to Corner' :o. ; ....,.2Ce- S :at.. 1L•llt t 2`I ° SRC •! feet to the ^1cCe of berarnir :e. Eta:car:in- .:.:a reservin^ from the above, however, all t: at portion of r'' - cast arter or the Southwest Zuarter (I: E.F -) c` sae'. ion Twelve (12), Tcrship Ten (10) Soett., hrn-e L:iThty- five (f5) :Zest of to Sint. P. ? :., Pitkin County, Colorado, described as follows: Ccmmencing at Corner ::o. 1 from which the west quarter corner of sai.i action ',twelve (12) bears r :orth 60 ° 12 1 11e" West 1732.95 feet, bon also a post which bears North 81 °9' East 1126 feet from Corner i :o. 3 of tax. holden Tract; Thence South 75 ° i9' East 139.61♦ feat to Corner Co. 2; Thence :'north Li East 2 feet to Corner . :o. 3; T `.ence :orth 75°1_9 ' West d9.56 feet to Corner i:o. la; Tte:.co oouth llt °fl' .Test 2814.00 feet to tLe point SEECCI ;D P .CP;'.:TY The following strips of land located in the Southwest Qgarter (3:r) of Section Twelve (12), Township Ten (10) South,'Range Eighty -five (85) West of tF.e Sixth P.;;., to -wit: • • .r (a) A strip of land twenty (20) feet in width, being four (h) • feet wide on the west, and sixteen (16) feet wide on the east side of the following described line: Beginning on the scut}: • been wry line of Section Twelve (12), Township Ten (1C) :,outi., earned i:iehty -five (r.5) West of the Sixth P.i:.•at a pcint 71:7.9 '; feet east from the southwest corner of said Section Twelve (12); thence i:orth 23 ° 11' Fast 633.7 feet to the west side of the right of way of the wye of the Colorado Midland Railroad, con- taining twenty -nine one - hundredths (29/100) of an acre; (b) A strip of land twenty (20) feet in width berm; four (1) feet wide on the west side and sixteen (16) feet wide cn the east side of the following described line: Beginning at a -post on the east side of the right of way of the wye of the Colorado Kidlane Railroad at a point from which the southwest corner of • Section Twelve (12), Township Ten (10) South. ~e. _ Ei--hty -five (85) wrest of the Sixth: P.Z.° bears South 55 Nest 1310.1. feet; thence runni.nr North 23 ° 111' East 562.2 feet to the south ccunr+.arr of the rf c'.: of way of the Colorado Midland Railroad Co•!rar'r's • rain track to Aspen, c:ntainin_ twenty-six one - hundredths (26/100) of an acre; (c) A strip of land twenty (20) feet in r :ioth, ucinr sixteen (10 feet on the east side and four (1.) feet on the west sic of the follo . r oescriond line: Corrr.eucinr at a point on the north line ) of a tract of land known as the holden tract from weich noitt Cerrer 30. 3 of said holden Tract bears Lerth 75 +rest :9h feet; nee ;.- running. thence :orth 38 ° 20' East. 129.61 feet, more or less to the south line of the right of way for the State bridge, or County _ read, sale ri ^a one-thousandths of war, containing fifty -nine one - thoundths (59/1000) of an acre; • (6) A strop of lane. twenty (2e) feet in width, oc_np fear (1:) feet lee on the :west side and sixteen (1G) feet :rice on tee east siOs of the 2 n describe line: zelinnino at a point cn the c the r :g .t of ar of the wee e t - e tole a b, cia o .• 1 oar.. at a . o.in:, from tndch the s-uthweat corn's- sectdon cc: t4 :wave (1:), 1 .ip : en (le) ao utk - c ", i •e () - a c - >r tk, � ,ears x.th •.j 12' West 1�1G.! , :,ou.h 23 ° h1' .west 122.1 feet to the wet line of c .; :raw, bf :;ate w,ge, con;.ainin: fifty-six one thors-n :tr.s (: : /1Lu) of an acre. (e) A strip of lane twenty (20 feet in t dth e cs ( fcet rice on tie west side and sixteen (10) fee,. ,._.,e on c cast . eede of the folio :r.nr described line: reoinrinr at a point on the • south b_ :rrs ar.- line of the r_r':t of ::a.* of the :.o_r: track o' ..: c ::cio - do '"island : ailroad to Meer., at a point fro' - r `.c :e eeet. vest ccr! rr of Soct'on 'i .. uelve (12), Township _ (10) earth, He ee - n' mog5) 'es of the Sixth 1'. bears South L6 ° 37' :.:. T/, _ :rt ;tthence run nine North 23 °■1' Lest 151.2 feet to the re: rte. . 'are 7-ir,c of i'- r ri- ?d. of ^a: of t,%: sa-.c. Colo ado E i.l..,._ . e. _rat: - . containinE seven hundredths (.7) of an acre; (f) A strip of lard t::e• (2C) fert width �dth . leer (:) 'cwt .. vide or t. rest aic:e . and s_ntc ;: (1i l feet wade on - e eatt adOo - of a line r_xLerced in a northerly d:irectton across t.1e said tblfen . Tract cersrir, at ti e :worth ere of the strip of 11:." described sup mach "(b)" of this "Secone Prop'rt° ° and e: ding at i:.e south boundary of the °rust Propse ^t ° above described. -2- , . . . - - '5' .!--,:- - .. " ' - ...Ti. ‘• . - :„..t.: 4 ,-Anct tr , " , n 5 - 1 - .. - ‘ t -- - -1. - •:;-5.:5-- t - - ' ' •-- - • • . , •. . _ ....L.......,,6,1-AL,.. _ . . • _ 1 t . . . . . . ! tr! , I - it, , ,,, '., THIRD PROPMTY • , A perpetual rirht of way, located in the Southwest Quarter (&1;) of Section Twelve (12), Township Ten (10) South, Rant e EiFhty-five (35) *Jest of the Sixth P.M., for the construction and maintenance of a water pipe line across and over land as follows: befd.nninv at a point Iltere the northeast corner of Section Thirteen (13), Tc • „ - Ten (13) Sonih, a-e 3 (C5) West of the Sixt... P.M., hears , Scut: 9k.: ;tst 29 feet; thence five (5) feet in width South 79 ',/-st Le0 feet; thence South Sr West 600 feet.; thence 'South 23 :gest 955 fret, tenet} er with the ri! to enter in and upon said land for tl'e purpose of constnctinn said pine line ans cf . • i - - a2. - i1n . t':e necessary repairs and examinattons thereof and for other necessar: and nroper purposes. Kr FITE PF.C.P.SRTY . i The follet-in.: narcels and strips of land, riEnts of war and easezents s5tuate elf .,.... tl:e ;:ort,14 qiarter (TitC of sect5on 21 (13), - .: 2n.s. (1u) , il.: Si.E (b5) West of tlie Shath P.2.5., Fit', 0fanat: Csoloraao, to-4t: . (a) ..ter at a point on the west line of the hort .werit •; .pf 1.1 77ert'n;ect ..,`;'arter ( .T.il...74,) of acetion Thirteen (13), lo•iin- chip Ten (17) .10 .r.221 5;1-r:1i:1-five (85) '.;e:-...t cf the alirth P.:„ In ence t nart, west corn - r of aectf on airteen (13), f 'XL (10) aaat. .-.i..- .. (3,2) I of the Sixth P.h. i-•oars .. - .rtc , . 875 feet; t: South 565 1' r.A; ti.s.nce East t,u3 feot; 7.: chase lorth 1s03 £e :t to a taste flume sLich bears 'South LS' ::.:a3t; tnence ...:;:. ;Myth. 16'; feet; thtncel.est 300 feet to place of 'nor alno a , rt-t. cf wa for a waste dtch, sale waste &itch to run %A= in an eas5r,v3v directf_on from the easterly boundary of more ciescrluec: -ar prenices to C'nstie Crefk. -,- i,t) A strIp of :Lace trtmty (24 feet in width, bein^ ton (10) fret 1.: c on eac't sid r or a line ": at a point on the south side cf the Catity rod - ,-..ence the n:tr cc of section aft-teen (13), T.;.;74. i'as ;1 „pat h, IT- - n 72. (C) .: i: of ±.1. Sxt: ...,, i".: " :-c-.2.7.....7? 7' •! V "., 7,t ::C" foe -:.: ,: ce .-.1.:::: '23 l .. r ; - - nes; L. st: - :°:, ' .. „t .;!7. fart it: the . e_r_Er ,•4 , -. c ,-.„ , -•) e a'. 1 c C21:: a2 s..e Or a, f,:r, .-..: ;qt::: (2, ) f. >t in :1(1: , i ••;;. - i :I: (1C) fc • h :. : c.. -0,,• ,,...,„ .:...., . - a- _ .....;ft...2., 3.2rn L ... fhirtcon (1,;), - 2c.. ( li; . : ur i , _La.. - - _, 'LT: - -five k . 5) Ittst .:. • 1 .. c ..,- 5. i'.... .. tar :: - ..1. 5 /7•:,.' Ls :It ,,...; 1-et; 42.1,ncc s...a..„ 23*L1 ...Z. li.,0 itt...„ to -... s ... -....ct.--. n ..: .-.. c .s. of ..,1 o ..aroon L:n.el, illt.:e . .ric ;,..; ...11 ...:2. ecrtain parcel or strip of land fourteen (1L) feet in witl.r., ie, - str.rca (7) fect on each side c: the co tc,r Of the ::::i..cl. — .-.• zn . I ..10:21 as .ne : fltute :. Jil.ch, tl_c centnr line of Laid strip 1 escriied as fo low: 1 at a pciet 10:„C: fct, east nf L c wort?. corner of ti c ..orthwest 4 of thc . .2r1: wool , • c•rt er (ii,h; ..,-:.) of Sect: on Thirteen (13), Li: . - -sh : p ' La (14 u,..i, ...nn - e ..;l:hiy-five (35) .i....st; thence alor. uiTe 2.the •?$2.“ -out:: 23 West 9•;;0 feet to center of Reservoir whence tif-' ce..ter ...s. ...fi fie laela..... ilstle scars south 32 atit 123.7 feet; tilence nt,Ye ...)uth 5 —.La 90 Ztul.; thence aouth 222 Weht 55.2 ..1 -1 b-) 51°401 nest 6) feet; thence south 50 '6 15!: fect; thc...xe . .., 2 Nast 260.7 feet; thence South 27 Last 267 fe•xt; t.hence 1:4a.uti 11 . ..eat 329.5 feet; aence South 23 '..:c.n.t 314 fcet; CCICT. S:lia. 1!! ■::',3t 31C feet; tne:Ice South 2E°17' Jest 16!, feet. Alsn a strlo or parcel of lanri one hunri:ed fcet square, the centur of said a. - ,1. - n'rct: feet setzare ben a point South 32 20 feet fr..,r, 1..:rte center cf satd aiLervoir. Also a otirpetual right of tray for waste .• 'xi, saie - .mate ditch to run in a sotItheasterly direction from the • ' center of the Reservoir inentfoned above a distance of 903 feat, , '...7 !lore or lass, to Castle Creek. .-: —3— . 'f- • : . . .4 . - • • • FTFP: P-'.OPETY The follo Th ' water rights in dater District io. 38, State of Colorado, t3.- (a) The :idland Flume Ditch and water right as confi.ree2 Ly • decree of the District Court in and for Garfield County, ..cate of Colorado in Civil Action ' "o. 3723, entered An, "i. - 25, 1>L9, Cosi-noted as Ditch 4.o. 98A -T1,1 with priority Lo. 13o-A to the e::'ccnt of 6) cubic feet of water per second of time as of Ncvetber 16, 1805, to'•ether with Priority No. 207 to the extent of 100 cubic feet of water per second of time as of i:ar 11, 18o9. (b) _i :e iaroon D and water ri•ht (inclu6.ine the Yeefell • Di' ;.ci: and water right) as confirmed by decree of the District Court in rd for Garfield County, Sta:e of Colorado in Civil . Action ?'o. 3723 entered An - 'tst 25, 19L9, des' D _ Hated as Ditch :o. 11:3-32; s^-th Priority :'o. 20ii - to the extent of 3.h c'lbic feet of water per second of time as of July 10, 1889 and • Priorit`• To. 11 un�er the claesif c :_ti.on of eses other th ' • for irrieateon for ere to the extent of 65 cebi.c feet. of water ner second of time dated as of Aerect 12, 1892. STATE: P : :oP'''_Y All electrical distribution proeerties, specifically iLelee poles, ::ire ene transformers, owned by first party and situate within t.iie areas described as follows: (a) Oatelde the corporate limits of the City of As en, Cols •a:.o, a.d within tLe area bounded by the railroad, the Herrin crk River, and S: ill Street extended northerly to the railroad. • (b) Within the corporate lirts of the Cit-r of Aaece, Cclmado, .::cc-: tine: (1) .. at portion of tP.e ca.d City /vine Scett c' a lice ceee,enc_ne at the ineercecti.on of tee easterl° liens Cf said „`t .'t;: ,,.:e north line of the ells in lock is of tee Eost Asps_ AC.dition, age • `lest r1 alone chic" a-lr: a::d Deane Aveeue to the intcrcoction of t:.e Seeth city liritc with the south line of J1cck. 8hh. (2) Cat portion of the said City lvinr northerly of tLe center of Smeeeler Street. Previdine, however, that there is excepted and reserved to fist ersty, all electric transcscion properties, specifically including poles, wires and tr-.c- forr.rrs, owned l:.- first party and used or constructed under or pare get to the iivileee or aitl:ority era-ted to first mite by the to le of Ca- c..ce ;:o. 3 Scries 195o, of the C ty of Acoen, Colora:',o. And t.: -.re is further exeectc:1 and reserved to first party, the transformers in the sac - station at 3alena eed Deane .gates, in t`e Cite of Asoen, Colorado. FewPGC Y Gne Teter for every existing Socket within tie areas c.ascriLe:i in "ba e Pr.:-c:-t :" above; and also all tool:, machinery. aid equipment - used s-tei Bally ,-• eelcl.` connection with the electric power generating plant situate on - Lc "fleet. r._.e.r e" ..�: ciecr :coed hereinabove, specifically incledi.nz, uut without li:itat_on upon the £creeoinr,, the following: turbines; generators; switchboard and switchboard eerie rent; and internal combustion plant includin^ oil stora-e tanks, pipin ;,`.d diesel en -fine and ; >enerator; and also, the transmission or distri::ution exoe. :can;, from the "First Property described hereinabove, to the corporate limits of the ' Cite of Aspen, Colorado. • • I • ee . MOUTH PROPERTY All easements and rights of way owned by first party and used in connection with any or all of the above described Properties; the interest of first party in any agreements for joint use of any of the above described Properties; all headgates, dams, flumes, pipelines, tanks and penstocks owned by first party and used in connection with any of the above described Properties; all ' ditches, ditch rights, water water rights, reservoir rights and water Storage . rights owned by first party and used in connection with atq of the above described Properties; and an easement, hereby created, upon and'acroas the 1 lands reserved to first partyftaathe First Property above described, for the use and maintenance of the oil storage tank v and the pipelines running to and from said tank, as the same are now constructed and in use. NINTH PROPERTY The interest of first party in any written contracts dr agreements as such • relate to the above described Properties, specifically including the benefits of any written contracts or agreements entered into between Aspen Water Company and the predecessors in title of first party. The properties con- veyed herein and hereby are apeoifically subject to the options, obligations and detriments of any such contracts or agreements. TO HAVE AND TO HOLD every part thareoF whether real, personal or mixed and whether tangible or intangible, to the party of the second part, its successors and (.' assigns forever, and the party of the first part warrants the title to the same against the claim of all persons claiming by through or under the party of the first part. IN WITNESS ri'.EREOF, The said party of the first part has signed; sealed and y d ,, . . deli4ellrell9itdr`egoing instrument on the day and year above written: ;' `.. : ••ee HOLY CROSS ELECTRIC ASSOCIATION. INC. IF • atTifj8•T: ... ,- - •cu— Pres L . ! i ra • • ......... 9 •'. a u. > >•_ Secre ary Yd STATE OF CCLORAD° ) ry�t ini y` ) ss. { COUNTY OF GARFIELD) .. . I kWi a/S £ Pielf/4OM a a Notary Public in and for said Garfield County, in ' the State aforesaid, do hereby certify that AtcLA C.Cesare Akre O.C.TA•oans who are personally known to me to be the name persons whose named are subscribed to the foregoing Special Warranty D and Bill of Sale as having executed the same respectively as Wei and Secretary of HOLY CROSS ELECTRIC ASSOCIATION, ILC., a corporation, and who are known to me to be such officers•respective]y, appeared before • ' me this day in person and severally acknowledged: That the seal affixed to the fore - • '- going instrument is the corporate seal of said corporation; that the same was thereunto c�> affixed by the authority of said corporation; that said instrument was by like authority ya subscribed with its corporate name; that the said AML* C. Cel:tc is the Vice. President of said corporation, and the said A.C.TNeaas • is the Secretary • . S thereof; that by the authority of said corporation they respectively subscribed their :- naves thereto as Vice-President and Secretary, and that they signed, sealed and delivers. ed the said instrument of writing as their Erse and voluntary act and deed and as the • u. -5 • • free and voluntary act and deed of said corporation, for the uses and purposes therein set forth.. . • L -iven under try hand and official seal, this FeyesW day c: 4Peit � • A. D. 1956. • ".1 expires Tat d0. 194 • • `:': Notary Puclic • 'e • ;• ® Li 1 ` Hwy r rew € : $ a ® ' 1 �'II �1 1 �o . 77 7 , © x ! = try. 1 EU • • • • • • • • • • • • Y • • • • • • 41 STREET ADDRESS AND LEGAL DESCRIPTION OF PARCEL 180 Power Plant Rd., N.E. 1/4 of the S.W. 1/4, sec. 12, T -10 -S, R -85 -W, 6th P.M. jg /minsub • j. 4 y E . I • -Ili L.a w r-` R mt. A - 1-9?...- �. d— y , \� .\ t j" ta ` `� -,.....77-----rots' � \ s I E s \ 4 \ re.a .....- \ \ A , ._ \ \,q , . . .....c \\ E 1.9 ' If C "stl g / NI"' ] \ �, 2. � , Ica - �\ \ <, :��� < Cl �. ,w ' \. \ < _ III► j' ; ' , u j i «� 111 111111 ' •<` U1111p1 11U1 \•:..45.„,„ ` / a . ,`/ %I'ti: 1 1 ►11 �� �' ~ 11µq11 � , ,,11111 1 ".. 111 ,; ..g 1 L , 111H, . I- , • 0' - " 1t10g1 0 Fl11iA U1p111 . lut cc\in A111 .` " -. / 1111 ; 11111. �p. -r N11�1 1111 „ .•, � '� 0 W - �11 gAO" • 1U 11111 � w. "°°"m' . 111H 111 1 Mg 'Y - S` 41:4 Wr111 ' 1 \111111 1►11ir 1101111 IS C ON OF • DEVEdOPtul =N � N ^pmt X1111 ►1111 €111111111 ._ _ � 11111111 I \ : 11 1 � � � „ 0„00 --- � \ /1 N 1 ./ / , ;-,-,/ iN.A\ - _.:- _,.- •. ...----_. t 1 1 ch,-,,K ` ��� 1 , 11,1 ; it. : A tili<'-- : . \ . : - i: ,\ \I. 4 ,,. ,,,. ,., \: ,N N ., .\, Stream Margin Review Criteria No development shall be permitted within the floodway, with the exception of bridges or structures for irrigation, drainage, flood control or water diversion, which may be permitted by the City Engineer, provided plans and specifications are provided demonstrating the structure is engineered to prevent blockage of drainage channels during peak flows and the Commission determines the proposed structure complies, to the extent practical, with all the standards set forth below. No development shall be permitted within one hundred feet (100'), measured horizontally, from the high water line of the Roaring Fork River and its tributary streams, or within the Special Flood Hazard Area where it extends beyond one hundred feet (100') from the high water line of the Roaring Fork River and its tributary streams, unless the Commission makes a determination that the proposed development complies with all the standards set forth below. 1. It can be demonstrated that any proposed develop- ment which is in the Special Flood Hazard Area will not increase the base flood elevation on the parcel proposed for development. This shall be demonstrated by an engineering study prepared by a professional engineer registered to practice in the State of Colorado which shows that the base flood elevation will not be raised, including, but not limited to, proposing mitigation techniques on or off -site which compensate for any base flood elevation increase caused by the development. RESPONSE: The development is not located in the Special Flood Hazard Area and therefore is not subject to this criteria. 2. Any trail on the parcel designated on the Aspen Area Comprehensive Plan: Parks /Recreation /Open Space /Trails Plan map is dedicated for public use. RESPONSE: There is no designated trail on this parcel. 3. The recommendations of the Roaring Fork Greenway Plan are implemented in the proposed plan for development, to the greatest extent practicable. RESPONSE: The above recommendations will be followed to the greatest extent practicable. 4. No vegetation is removed or slope grade changes made that produce erosion and sedimentation of the stream bank. RESPONSE: There is no vegetation to remove and the project is not close enough to the stream bank to have any impact. 5. To the greatest extent practicable, the proposed development reduces pollution and interference with the natural changes of the river, stream or other tributary. RESPONSE: The project is too far from the river to have any impact. 6. Written notice is given to the Colorado Water Conservation Board prior to any alteration or relocation of a water course, and a copy of said notice is submitted to the Federal Emergency Management Agency. RESPONSE: Same as above. 7. A guarantee is provided in the event a water course is altered or relocated, that applies to the developer and his heirs, successors and assigns that ensures that the flood carrying capacity on the parcel is not diminished. RESPONSE: Same as above. 8. Copies are provided of all necessary federal and state permits relating to work within the one hundred (100) year floodplain. RESPONSE: The project is not in the 100 year floodplain. jg /criteria GENERAL SUMMARY OF APPLICATION PROCESS The City of Aspen is requesting an exemption from Stream Margin Review pursuant to the requirements in chapter 24, section 7 -504 B. The two tanks that are proposed will have the same capacity as the three tanks that will be taken out. There will be no trees removed. The proposed tanks will not be any closer to the high water line than the existing tanks. An approved building envelope has never been designated. The development is completely outside the Special Flood Hazard Area. j g /summary