HomeMy WebLinkAbout1992 Ordinance No. 0429 a
BY AUTHORITY
ORDINANCE NO . t/J.-
SERIES OF 1992
COUNCIL BILL NO . 38
INTRODUCED BY COUNCIL
MEMBER BULLOCK
A;'I ORDINANC E AMENDING TITLE 16 , C HAPl'ER 4 , SECTION 13 • 1-1 LIGHT INDUSTRIAL
DISTRICT; TITLE 16, CHAPl'ER 4, S ECTION 14 -1-2 GENERAL INDUSTRIAL DISTRICT; AND
TITL E 16 , CHAPI'ER 8, SECTION l , OF T HE ENGLEWOOD MUNICIPAL CODE 1985.
WHEREAS, the rum,nt 1-1 and 1-2 Zone Di 1trict regulation• do not adeq1.ately address recycling
as a di sti nct class of uses; and
WHEREAS , the potential im pacll upon the community are ouch that reasonable regulation oft.h is
type of use is necessary ; and
WHEREAS, these r egulati on • will provi de reasonable protection for both the community and the
business operator ;
NOW , TH EREFORE, BE IT ORDAINED BY THE Cfl'Y COUNCIL OF TH E CITY OF
ENV.EWOOD, COLORADO, AS FOLLOWS:
Stt J.im...l . Title 16 , Chapter 4, Section 13, Subaection C, Subpart.I 15 and 16, of the Englewood
Muc.:,,pal Code 1985 are hereby amended by adding a new Subpart 15, and renumbering Section 15
to nt"' be 16 , which ahall read aa follow s :
16-4-13 C:
15 .
1-1 LIGHT INDUSTRIAL DISTRICT:
RECYCLING OPERATIONS, INCLUDING BUT NOT LIMITED TO THE
PROCESSING OF BATTERIES, CONSTRUCTION WASTE, FOOD WASTE ,
GLASS, METALS AND.'OR ALLOYS . r-APERS, PLASTICS AND TIRES WHICH
COMPLIES WITH CONDITION "a" AS LISTED BELOW. BUY BACK CENTERS
THAT DO NOT PROCESS RECYCLED MATERIALS AND STORE THEIR
MATERIALS WITHIN AN ENCLOSED STRUCTURE OR A ROLL-OFF
CONTAINER, SEMI -TRAILER, OR SIMILARLY SELF-CONTAINED
APPARAT US SHALL BE EXEMPI' FROM THIS ORDINANCE :
a . THE MANUFACTURING OF ALL MA'rERIALS SHALL OCCUR
WITHIN AN ENCLOSED STRUCTURE. THE STORAGE OF MA-
TERIALS MAY OCCUR OUTSIDE OF THE STRUCTURE PROVlDING
SAJD STORAGE IS IN A ROLL-OFF CONTAINER, SEMI-TRAILER, OR
S1MILARLY SELF-CONTAINED APPARATUS. FOR OPERA·:'JO NS
NOT C OND UCTE D WITHIN AN ENCLOd ED STRUCTURE, SEE
ENGLEWOOD MUNICIPAL CODE 16-4 -13-J .l.d, OF THIS SECTION .
15 . 16 . Any simi1ar lawful us e wh1c h1 in th e op ini on of the Commi ssion, is not obje,·-
ti onable to nearby pro perty by reason of odor, du st, 1moke, fumes , gas, h eat, glare,
radiation or vibration , or is not ha:r:ard ous to th e heal th ami pr operty of th e
su rrounding area th rough danger of fire or exp lo:;ic.n .
Sftli.lm..2 . Title 16 , Chapter 4, Sectio n 13 , Subsection J , oft.he Englewood Mun icipal Code 1985 is
h e 0 by omenued by adding a new Subpart d, which shall read as follow s:
16 -4-1:J.J. t. d . RECYCLING OPEl~AT"!"---~-,3, INCLUDING BlIT NOT LIMITED TO THE
PROCESSING OF' l!AT; £RIES, CONSTRUCTION WASTE , GLASS,
METALS AND /OR ALLOYS , PAPER, PLASTICS AND TIRES ,
EXCLUDING FOOD WnSTE, A!ITOMOBILE WRECJl1!'!G VAROS AND
JUNK YARDS AS CITED IN SECTION 16-4-1:J.J-l-a . BUY EACK
CENTERS THAT l)Q NOT PROCESS RECYCLED MATERIALS AND
STORE THEIR MAT ERIALS WITHIN AN ENCLOSED STRUCTURE OR
A ROLL-OFF CONTAINER, SEM I-TRAILER, OR SIMILARLY SELF-
CONTAINED APPAR!,Tl/!l SHALL BE EXEMPT FROM THIS
ORDINANCE .
(1) ANY RECYCLED MATERIAL MANUFACTURING OPENED
AFTER THE EFFECTiVE DATE OF THIS ORDINANCE SHALL
BE LOCATED ,'.I N ONE OR MORE CONTIGUOUS PARCEUS)
WHICH TOTAL AltEA SHALL NOT BE LESS THAN ONE (I)
ACRE .
(2) THE MANUFACTURING AND STORAGE OF ALL PROCESSED
AND UNPROCESSED MATERIALS SHALL BE ENCLOSED
WITH A SOLID, NON -TRANSPARENT VERT CAL WALL OR
FENCE WITH A MAXIMUM HEIGHT OF EIGHT FEET ON THE
PARCEUS) FRONTAGE AND 'fWELVE (12) FEET ON THE
PARCEL(S) SIDE AND BACK BOUf!DARIES. FENCES OF
WOVEN PLASTIC, WIRE OR CHAIN LINK SHALL BE
PROHIBITED.
(3) 'i"HE STOCKPILING OF ALL PROCESSED AND UNPROCESSED
MATERIALS SHALL NOT EXCEED ·fHE HEIGHT OF THE
WALL OR FENt:E.
(4) NO MORE THAN SEVENTY-FIVE PERCENT (75-.,) OF THE
PARCEL(S) TOTAL SIZE MAY BE UTIL!ZED FOR TH E
STORAGE OF PROCESSED OR UNPROCESSED MATERIALS .
(5) ALL RECYCLED MATERIAL MANUFACTURING BUSINESSES
OPERATING UNDER A CONDITIONAL USE PROVISION
SHALL BE SUBJECT TO YEARLY ADMINISTRA1'1V E
COMPLIANCE REVIEW OF THE ADOPTED CONDITIONS.
~-Title 16, Chapter 4, Sec:!jon 14, Subsection B, of the Engelwood Municipal Code 1985 is
hereby emended by adding a new Subpart 9 and renumbering 9 t.o 10 and 10 t.o 1 :, which shall rend
as follows:
16 -4-14 J :
9 .
1-2 GENERAL INDUSTRIAL DISTRICT:
i:ECYCLING OPERATIONS, INCLUDING BUT N01' LIMITED TO TH E
PROCESSING OF BATTERIES, CONSTRUCTION WASTE, FOOD WASTE ,
GLASS , METALS AND/OR ALLOYS , PAPERS, PLASTICS AND TIRES WHICH
COMPLIES WITH CON DITION ··•-AS LISTED BELOW. BUY BACK CENTERS
THAT DO NOT PRO CESS RECY CLE D MATERIALS AND STORE THEIR
MATERIALS W ITHI N AN EN t;~OSED STRUCTURE OR A ROLL -OFF
2
e·
CONTAINER, SEMI-TRAILER, OR SIMILARLY SELF-CONTAINED
APPARATUS SHALL BE EXEMPT FROM THIS ORDINANCE .
a . TH E MANUFACTURING AND STORAGE OF ALL MATERIALS SHALL
OCCUR WITHIN AN ENCLOSED STRUCTURE . THE STORAGE OF
MATERIALS MAY OCCUR OUTSIDE OF THE STRUCTURE
PROVIDING SAID STORAGE IS IN A ROLl.rOFF CONTAINER , SE MI -
TRAILER OR SIMILARLY SELF-CONTAINED APPARATUS . FOR
OPERATIONS NOT CONDUCTED WITHIN AN ENCLOSED
STRU CTURE, SEE lM-14-1-1 , OF THIS SECTION .
9c 10. Automobile wrecking or junk yard. Any automobile wnckinc or junk yard ap-
proved under the provi sions or this Ordinance shall have a minimum area of on e
and one-half ( 1 1/2) acres , and shall comply with the provl1lon s of Chapter 10, Title
5 of the Englewood Municipal Code, as amended, and any ot her applicable cod es or
ordinan ces .
~-11 . Any 1l milar lawful uae , which , in the op in ion of the Commi11ion is not obj ec-
tionable to nea,by property by reason of od r ~ust, smoke , fumes, 1as, heat, glare,
radiatio n or vibration, or is not hu"r to the health and property of the
surT011ndln1 area through danger of fi "' explosion.
~ Title 14, Chapter 4, Section 14, Subeection I, by addlng a new Subpart 4, which shall
read 81 follows:
16-4-14 -1. · 4 . RECYCLING OPERATIONS , INCLUDING BUT NOT LIMITED TO THE
PROCESSING OF BATTERIES, CONSTRUCTION WASTE, GLASS, MET-
ALS AND/OR ALLOYS, PAPER , PLASTICS, AND TIRES SHALL MEE1
CONDITIONS "a" THROUGH "e" AS LISTED BELtlW. FOOD WASTE,
AUTOMOBILE WRECKING YARDS AND JUNK YARDS AS CITED IN SEC -
TION 16-4-13.J-l-a, OF THIS SECTION ARE EXCLUDED. BUY BACK CEN -
TERS THAT DO NOT PROCESS RECYCLED MATERIALS AND STORE
THEIR MATERIALS WITHIN AN ENCLOSED STRUCTURE OR A ROLL-
OFF CONTAINER, SEMI -TRAILER, OR SIMILARLY SELF-CONTAINED
APPARATUS SHALL BE EXEMPT FROM THIS ORDINANCE .
a. ANY RECYCLED MATERIAL MANUFACTURING OPENED AFTER
THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE
LOCATED ON ONE OR MORE CONTIGUOUS PARCEUS ) WHI CH
TOTAL AREA SHALL NOT BE LESS THAN ONE (1) ACRE .
b. THE MANUFACTURING AND STORAGE OF ALL PROCESSED
AND UNPROCESSED MATERIALS SHALL BE ENCLOSED WITH A
SOL ID, NON -TRANSPAREN":' VERTICAL WALL OR FENCE Wl'l'H
A MAXIMUM HEIGHT OF EIGHT FEET ON THE PARCE L(S )
FRONTAGE AND TWELVE (12 ) FEET ON THE PARCELCS ) SIDE
AND BACK BOUNDARIES . FENCES OF WOVEN PLASTIC , WIRE
OR CHAIN LINK SHALL BE PROHIBITED .
c . THE STOCKPILING OF ALL PRf ~ESSED AND UNPROCESSED
MATERIALS SHALL NOT EXCEED THE HEIG '. r OF TH E WALL
OR FENCE .
3
d . NO MORE THAN SEVENTY-FIVE 'PERCENT (75'1) OF THE PAR · -
CEL(S) TOTAL SIZE MAY BE UTILIZED FOR THE STORAGE OF '
PROCESSED OR UNPROCESSED MATERIALS .
e . ALL REG'iCLED MATERIAL MANUFACTURING BUSINESSES
OPERATING UNDER A CONDITIONAL USE PROVISION SHALL BE
SUBJECT TO YEARLY ADMINISTRATIVE COMPLIANCE REVIEW
OF THE ADOPTED CONDITIONS .
Sw.iwlJj, Title 16 , Chapter 8, Section 1 • Definition, ofU,e Englewood Municipal Code 1985 is
hereby amended and three new definitio ns will be inserted alphabetically into the existing
Defini tions and shalt read as follow■:
16 -8-1: DEFINITIONS :
PROCESSED MATERIAL
RECYCLED MATERIAL MANUFACTURING
UN PROCESSED MATERIAL
RAW OR PREVIOUSLY MANUFAC ·
TURED RESOURCES THAT HAVE
BEEN MANUFACTURED , SHREDDED,
MULCHED , CHIPPED, MELTED,
COMPRESSED, OR OTHERWISE
TRANSFORMED FROM ONE
PRODUCED INTO ANOTHER, OR
SIMILARLY PREPARED FOR
TRANSPORT TO A RECYCLING
THE TRANSFERENCE BY SHRED ·
DING, MULCHING, CHIPPING ,
MELTING , COMPRESSING, OR
OTHER MEANS OF A RAW OR PRE ·
VIOUSLY MANUFACTURED RE·
SOURCE INTO A REUSABLE
COMMODITY .
RAW OR PREVIOUSLY MANUFAC·
TURED RESOURCES THAT ARE BE ·
ING PREPARED FOR MANUFACT UR·
ING, SHREDDING, MUL CHING ,
CHIPPING, MELTING, COMPRESS·
ING , OR ARE OTHERWISE TRANS -
FORMED FROM ONE PRODUCT TO
ANOTHER , OR SIMILARLY PRE-
PARED FOR TRANSPORT TO A RE -
CYCLING MANUFACTURER.
Introduced , r ead in full , and pa ssed on first readi ng on U,e 21st day of Septem ber, 1992.
4
Published as a Bill for an Ordinance on the 24th day ofSept,mber, 1992.
A Public Hearing was h eld on the 19th day of Octobe r , 1992 .
Read by title and passed on final reading on the 19th day of Octobe r, 1992.
Published by title as Ordinance No . ~eric.-of 1992, on the 22nd day of Ocu,ber, 1992.
ATTEST :
~-~-~
Patricia H . Crow , City Clerk
I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify that the above
and foregoing i•,,-}~e copy of the Ordinance puHd on final reading and published by title as
Ordinance No . _µ...series of 1992 .
_f2tt, <:OL-
Patricia H. Crow
COUNCIL COMMUNICATION
Date
September 21 , 1992
INl11A TED BY
Agenda Item
II d
Community Development
Subject Amendment to the
Comprehensive Zoning
Ordlnance regardlng recyc1tng.
STAFF SOURCE Harold ,J . Stitt. Planning Admlnistrator
ISSUE/ ACTION PROPOSED
Staff seeks Council support for an Ordlnance amendlng Title 16 of the Englewood
Munlclpal Code to Include regulations that will govern recycling operations In the 1-1 ,
Light Industrial DIStrlct and the 1-2, General Industrial District, and to set October 5 ,
1992 as the date for the Public Hearing on this Issue.
PREVIOUS COUNCIL ACTION
There has been no previ ous Council a ction on this m atter.
PREVIOUS PLANNING COMMISSION ACTION
The Planntng Commlsslon first considered this m a tter at t11e request of City Council
to r eview existing regulations r egardlng r ecycling operation s. After an tnltial staff
review was presented to the Commlsslon, a Public Meeting WIS held on April 7,
1992, to obtain Input from the business and residential communi ty. Ttls Inpu t was
considered, along \\1th addltional staff Information. on July 2 , 1992 , at which time
draft regulations were r eviewed and a Public Hearing on the m a tter was set for
August 18, 1992 . No addltional public Input was received at tl1e Hearing. and tl1 e
Commission moved to r ecommend to City Council tl1at the regulations be approved .
All nine CommJssloners voted In tl1e afllnnative .
BACKGROUND
These proposed an1endments to tl1e Co mpreh cr.slve Zoning Ordinance resulted from
tl1e experien ce we gained from tl1 e Gen eral Iron and Am eri can Excels ior (C e dar
Mountain) situa tions . These situa tions p ointed out tl1at tl1e current 1-1 and 1-2
regulations do not adequately address recycling operations as a di stinct class of
uses , or tl1e potential Impacts tl1ey may have on U1 e community. -
Because only on e oilier community In ilie State Is currently dea!Jng wiili iliese types
of Issues, ilic Planning Commission's r egulatory review fo cused on adapting existing
regulations from oilier parts of ilie Zo ning Ordinance to provide ilie desired level of
control. The Commission chose a co mbination of llinlted use by right regulations
and conditional u se regulations. The Co mmission formulated tl1ese regulations after
considering Input from a variety of sources, Including ilie waste hauling and
recycling Industries .
STAFF ANALYSIS
This amendment to ilie Municipal Code will crcste regulations iliat apply to various
recycling operations. The proposed regulations will treat a recycling op eration as a
permitted use If It Is carried out within an enclosed structure and any material
stored outdoors IS contained within a roll-off container , semi-trailer, or similar self
contained apparatus. If, however. ilie operation IS not conducted In an enclosed
structure, or material IS not stored In approved apparatus, ilie operation would be
subject to Conditional Use approval by ilie Plannln~ Commission. These proposed
an1endments to ilie 1-1 and 1-2 Zone Districts create a structure that provides
reasonable protection for boili ilie community and th~ business operator.
FINANCIAL
There are no direct financial Impacts on the City as a result of ilie enactment of this
Ordlnance.f
CITY OF ENGLEWOOD
PLANNING AND ZONING COMMI SS ION
IN THE MATTER OF CASE #3-92 ,
FI NDINGS OF FACT , CONCLUSIONS
AND RECOMMENDATIONS REL ATING
TO AMENDMENTS TO §16-4 -13, 1-1,
LIGHT INDUSTRIAL DISTRICT, §16-4 -14,
1-2, GENE RAL INDUSTRIAL DISTRICT
AND §16-8-1, DEFIN1TIONS , REGARDING
RECYCL ED MATERIAL MANUFAC-
TURING
FIL ED BY :
CITY OF ENGL EW OOD
3400 SOUTH ELA TI STREET
ENGLEWOOD , CO 80110
)
)
)
) FINDINGS OF FA CT AND
) CONCLUSION S OF THE CITY
) PLANN1NG & ZONING
) COMMISSION
l
)
l
)
)
Commission Members present: Schultz, Gerli ck, Glynn , Leonard , Shoop , Tobin , Dra per,
Dumm er and Coven s.
This matter came before the City Planning and Zoning Commission on August 18 , 1992 , in
City Council Chambers of the Enalewood Cit)' Hall upon the request of the City of Englewood
lo con sider amendments to the Comprehensive Zonmg Ordinance , §16-4 -13 , 1-1, Light In -
du strial District; §16-4-14, 1-2, General lnd11Strial District and §16-8-1, Definitions, concern -
ing the recycled material manufacturing operations .
Testimon y on the proposed amendments was received . The Commission received the No tice
of Publi c Hearing and the Staff Rcpon, which were incorporated into and made a pan of th e
reco rd of the Public Hearing . After considerin~ the statements of the witn esses and revi ewing
the neee ssary documents , the members of the Clly Plann ing and Zoning Commissi on made the
fo ll owin g findings and conclusions .
FINDINGS OF FACT
I. THAT the Publi c Hearing was initiated by th : Ci ty of Englewood to co ns ider amen d-
ments to the Comprehensive Zon ing Ordinan c,e, §16-4 -13 , 1-1, Light Industrial ; §16-4 -
14, 1-2 , General Industrial , and §16-8-1, Definitions.
2. THAT the notice of th e Publ ic Hearin g was published in the Enelewood l:lerilli!, the of-
ficial City newspa per , on August 6, 1992 .
3. THAT Mr. Chuck Reid , Assistan t City ~anage r , te stified th at the purpose of the pro -
po sed am endme nt s was to provide a means of regulating rec ycled material man ufac -
turing.
4 . THAT recycl ed material man ufac tu ring opera ted withi n an enclosed structure woul d be
cla ssified as a Pe rmitted Use in both 1-1 and 1-2 zo ne distri cts.
5.
6.
THAT recycled material manufacturing not operated within an enclosed stru cture
would be classified as a Conditional Use in both the 1-1 and 1-2 zon e distri cts.
THAT there was no member of the public vresent to give te sti mon y.
CONCLUSIONS
I . THAT proper notice was published in the~ limlll1 . the official City new spa-
per , on August 6, 1992 .
2. THAT the proposed amendments were considered by the Planning and Zoning Com -
mission at a Public hearing on August 18 , 1992.
3. THAT testimony concerning the proposed amendments was received and made a part
of the record of the Public Hearing .
4. THAT the Staff Report was made a part of the record of the Publi c Hearing .
DECISION
THEREFORE , it is the decision of the Planning and Zoning Commission that the proposed
amendments to the I-1 , Light Industrial District , I-2 , General Industrial District and Defini-
tions be approved and referred to City Council with a favorable recommendation .
This decision was reached upon a vote on a motion made at the meeting of the Planning and
Zoning Commission on August 18, 1992 , by Mr . Covens , seconded by Ms . Tobin, which
motion states :
The Planning and Zoning Commission recommend to City Council that the Compre-
hensive Zoning Ordinance , §16-4-13, Light Industrial Zone District, §16-4-14 , General
Industrial Zone District and §16-8-1, Definitions , be amended to include the regul a-
tions pertain ing to recycled material manufacturing , as amended .
Tho se voting in favor of the motion : uonard , Shoor,, Draper , Dumm er, Tobin , Coven s, Ger-
li ck , Gl ynn and Schultz .
Th ese Findings of Fa ct and Conclusions arc effective as of the meeting of August 18 , 1992.
By orde r of the Cit y Pl an nin g and Zoning Commi ss ion
Roger :;hoo p
Vice-C ,'lai rm an
2
e
ADVISORY STAFF REPORT
ADVISORY STAFF REPORT RE:
ZONING ORDINANCE AM ENDMENT
RECYCLED MATERIAL MANUFACTURING
A proposed amendment 10 the 1-1 and 1-2 zone di stri cts concerning rec yc led material
manufa cturing .
DATE TO BE CONSIDERED :
Augu st I 8, I 992
ZONE DISTRICTS :
1-1 Light Indu strial Di st rict
1-2 Genernl Indu stri al Di strict
Recycled material manufa cturing ha s been identified as a bu si ness opportunity that could have
significant impacts on the Englewood community . This proposal stems from the community
desi re lo offer guidelines for recycled material manufacturing businesses tha t would ensure
minimal impact to areas surrounding lhe businesses .
DEPARTMENT OF COMMUNITY DEVELOPMENT ANALYSIS :
Recycled materi al m•nufaclur ing ha s come to lhe forefront as a community concern. When
thi s is coupled with soci al trend s indicating th at the number of new recycl ed material
manufacturing bu sinesses will continue to gro, , ii may be prudent 10 providt community
standard guidelines fo r these ant ici pated bus:,1esses .
The Pl an ning and Zoning Commission has examined the following four options:
1) Be laissez-faire about recycled material manufa cturin g;
2) Allow recycled material manu fac turing 10 operate as a restricted permitted use ;
3) All ow recycled manufacturing to ope rat e as a condi ti ona l use; and
4) Proh ibit recycled materia l manufa ctu ring .
T,1e Commissio n has chosen 10 foc us th ei r att enti on on optio ns two and thr ee li sted above.
Option two (2) would allow recyc led material manufact ur ing to operate as a re str icted
permitted use. The ke y res triction recommended is th at th, manufa ctur ing and s1or:~• of all
unp rocessed and processed materi als mu st occc · wi thin an encl os ed stru ctu re or a suitably
encl ose d appara tu s (see proposed ordina nce for sp eci fi c language).
Op ti on thr ee (3) wo uld all ow recy cled materi al manufa ctu rin g 10 operat e as a conditi on al use .
Conditio ns imp os ed on th e opera ti on could in clude s 1ze, heigh t, sc reening , stored amount
re strictions and an adminis trat ive review . One of th e ke y co mp onents to the condi ti onal use
is th at B pu blic hea rin g is requ ired for all proposed co nditional use sites.
Requiring a bond for co ndition al use is still an opti on th e Pl anning nnd Zon ing Commission
mny wish 10 co nsi der, although staff doe s !lQ! rec om mend a bond requirement.
Buy back ce nt ers that sto re their materia ls in an enclo se d stru cture or a simila rly en closed
apparn 1u s (see proposed ordinance for specific language) shall be exemp t from the
enfo rce ment of thi s ordinance .
DEPARTM ENT OF COMMUNITY DEVE LOPMENT RE COMM END ATION :
Staff reco mm ends lhnt th e pro posed ordin ance amendment be approved and forwarded 10 City
Council fo r fu"her action .
· Propos•d Ordlnanc• Amtadmtal; Ptrmltltd Use: (DRAFT 3)
Englewood Municip al Code (EMC), 16-4 -13-C (1-1): Add new sub secti on " 15"
15) Recy cling ope ratio ns, includ ing but not limited to the pro cessi ng of batt eries,
co nst ru ction waste, food wn ste , glass, metals and /o r all oys , papers , pla stic s, and tires
wh;c h co mpl ies with conditions "n" as listed below , Bu y ba ck center s th at do nol
process re cyc led materials and store their materi als within an enclosed stru cture or a ro ll -
off container , semi-trailer , or similarly se lf-co nt ain ed apparatu s shall be exempt fr om this
ord inance.
a) Th e manufa cturing of all material s shall occur within an enclo se d structure. Th e
storage of mater ial s may occur out side of th e stru cture pro vi ding sa id storage is in a
roll-off con ta ine r, semi-trailer, or simil arl y se lf-c ont ained apparatus. For operation s
not co ndu cte d within an enclosed st ru ctur e see J. l.d of thi s sec ti on.
(fhe current subsecti on 15 would then be renumbered 16.)
EMC, 16-4-14-B (1 -2): Add new sub sec ti on "9"
9) Recyc ling operat ions , including but not li mited 10 th e processing of batteries,
co nstruction waste , fo cd waste , glass, met als and /or all oys, pape r, pl as ti cs, and tires
wh ich complies with co nditions "a" as li sted below. Buy back center s that do not
process re cycled materiah and store their materials •vithin an enclosed structure or a roll-
off co nt ainer, semi -trailer, or simil arl y se lf-cont ained appara tu s sh all be exempt fr om thi s
ordinance .
a) Th e manufacturing of all materials shall occur within an enclosed structure . The
SIOrage of material s may occur outside of ,he structure pr viding said stora ge is in a
roll-off con tainer , se mi-trail er or simi larl y se lf-contained nppa ra tu s. For operations
nol co nduc,o d within an encl ose d stru ct ur e see 1.4. of th is sectio n.
(fhe cu rrent s ubsec tio n IO wou ld th en be renum be red 1 I.)
Proposed Ordinance Amendment; Conditional Use : (URAFT 3)
EMC. 16-4-13-J-l (1-1): Add new subsection "d"
d) Re cycling operations, inc lud ing but not limited to the pro cessi ng of baneries,
construction waste, food waste , gloss, met als and /or alloys, papers , pl.sties, and tires.
Excluding automobile and wrecking yards and junk yords as cited in sec ti on J-1 -a of thi s
ordi nan ce . Buy ba ck centers th at do not process recycied mat:rials and s:ore their
materials within an encl osed structure or a roll-off container. se mi -trail er , or similarly
self-co ntai ned apparatus shall be exe mpt from th is ord inan ce .
I) Any recycled mater ia l manufacturing ope ned ufter th e effec ti ve date of th is
ordi nance sha'., be located on one or more contiguous parcel(s) which total are•
shall not be less than one (I) acre .
2) The manufacturing and storage of all processe~ nnd unprocessed mnterials shall be
enclosed wit h a so lid , non-transparent vertica l wall or fence with a maximum heig ht
of eight feet on the parcel(s) frontage and twelve (12) feet on the parcel(s) side and
back bou ndaries. Fences of woven pl as ti c, wire or chain link shall be prohibited.
3) The sto ck[,iling of all pro cessed and unpro cessed materials shall not exceed th e
he.ight of the wall or fence.
4) No more than seventy-five percent (75%) of th e parcel(s) total size ma y be utilized
for the storage of processed or unprocessed moterials.
5) All recycled material r .facturing business es opera ting under a conditional
use provisi on shall be subject to yea rly administrntive compliance review of the
adopted conditions. After ad ministrative review , tb e Community Development
Director ma y recommend a public hearing to reconsider the adopted conditions .
· Co nditional Use Proposed Ordlnante, continued
EMC, 16-4-14 -1 (1-2): Add new subsec ti on "4"
4) Rec yclin g operatio ns, including but not lim ited to the processing of batteries ,
con stru ction wa ste, fo od waste , r,lass, met als and /or all oys, paper, pl as ti cs, and tires shall
mee t co nditi ons a through e as liste d bel ow. Aut omobi le and wrecking ya rd s and junk
ya rd s as cited in sec tio n J-1-a oi thi s ordina nce are exdcjed. Buy back cent ers th at t'o
not process re cycle d mater ia ls and store th eir mater ia ls within an enclosed structure o: a
ro ll-off cont ainer, se mi-trailer , or si mil arl y se lf-con tai ned ap para tu s shall be exempt fr om
th is o, 1inance.
a) Any recycled materia l manuf.,cturin g opened after th e effe ctiv e date of thi s
ordinan ce shall be located on one or more co nti guo us parcel(s) whic h tot al area
shall not be le ss than one (I) ac re.
b) Th e manufacturin g and storage of all processe d and unproc,,ss ed material s shall be
enclosed with a so lid , non -tran spa ren t verti ca l wall or fenc ,! with n maximum height
of eig ht fee t on the pnrce l(s) frontage and twelve (12) feet on the parcel (s) si de and
back boundarie s. Fences of wove n pl as ti c, wire or chain lmk shall be prohib ited .
c) The stockpiling of all processed and unpro cesse d materials shall not exceed the
height of th e wall or fence .
d) No more than seventy -five per cent (75 %) of the parce l(s) total size ma y be utilized
for the storage of pro cesse d or unproce sse d mater ia ls.
e) All re cycl ed material manufacturing bu si nesse s operating under a conditional
use provision shall be subject to yearl y administrative compliance revi ew of the
adopted conditions . After ndministrntiv e review, th e Communit y Development
Dire ctor ma y re co mmend a public he arin g to re co nsider the adopted co nd itions.
PropostL 'lrdlnantt Amtndmtnt; Dtfiroltlons : (DRAFT 3)
EMC. 16-8-1 (Definitions); Add new definition s:
Processe d materia l: raw or previously manufa c1ured resources 1ha1 have been manufa clu rcd,
shredded , mulched, chi pp ed , r-iehed, compressed , or 01herwi se 1ronsformett from one product
inl o anolher, or similarly prepared for transpon to a recycling man ufacturer .
Unpro cesse d material: ra w or previously manufactured re sources that arc being prepared for
manufacturing, shredding, mulching, chipping, mehing , compressing, or arc 01hcrwise
1ran sfo rmed from one product to another, or similarly prepared for 1ransport to a recycling manufa c1urer.
Re cy cled mater ia l manufac1uring : lhe lramfcrcncc by shredding, mulching, chipping , mching ,
compressi ng , or other means of a row or •,reviously manufactured resource into a reusable com modity.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
AUGUST 18, 1992
I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order by Chairman
Schultz at 7;00 P. M. in the City Council Chambers of Englewood City Hall.
Members present :
Members absent:
Shoop , Tobin, Covens, Draper , Dummer , Gerlick, Glynn, Schultz
Leonard
Also present: Planning Administrator Harold J. Stitt
Assistant City Manager C. Reid
II. APPROVAL OF MINUTES
August 4, 1992
Chainnan Schultz stated that the Minutes of August 4, 1992 were to be considered for approval . lle
asked if there were any comctions .
Draper moved :
Dummer seconded : The Minutes of August 4, 1992 be approved as written.
-Mr. Covens asked that Page '.',, Paragraph 5, be amended in the next to last line to stale that • ... value
on properties abutting, adjoining, or adjacent SHOULD come into considenrion ... •.
Messrs. Draper and Dummer accepted the amendment to their motion to approve the Minutes. Upon
a voice vote, the motion carried ; Minutes stand approved as comcted.
Ms. Leonard entered the meeting and took her place with members of the Commission during th e
above discussion.
m. COMPREHENSIVE ZONING ORDINANCE
§16-4-13 1-1, Light Industrial District
§16-4-14 1-2, General Industrial District
§ I 6-8-1 Definitions
CASE #3-92
Mr. Schultz asked for a mo tio n to open the Public Hear.ng on the amendment of the Comprehensive
Zoning Ordinance , §16-4-1 3, 1-1 Light Industrial , ,16-4-14, 1-1 General Indu strial , and §1 6-8 -1,
De finiti ons .
Tobi11 moved:
Covet s seconded: The Pub lic Hear.i g 011 Case #3-92 be opened .
AYES ·
NAYS :
ABSENT :
ABSTAIN :
Covens , Draper , Dummer , Gerli ck, Gl yn n, Leonard , Shoo p, Tobin , Schultz
None
None
None
The motio n carried .
Mr . Schultz set forth the parameters for conduct of the Hemng. All person s wishing to testify will be A
sworn in . Slaff will malce the presentation , followed by anyone else who wishes to testify . There -
will be an opponunity for questions .
Mr . Reid, Assistant City Man ager , was sworn in. Mr . Reid testified that the l'roposed amendments 10
the Comprehensive Zoning Ordinance penain to the issue of recycled matenal manufacturing . Mr .
Reid stated that the proposed amendments have been integrated into the wording of the specific sec-
tions of the Ordinance, and are shown in capital letters in the texl of the ordinance . Mr. Reid
testi fi ed th at the proposed amendments will provide direction to the City to regulate the manufacturing
of recy cled goods, and will pertain to operations rec ycling anything from shingles, milk jugs, milk
canons , cans , etc .
Mr . S~hultz inqu ired whether staff has been in contact with other munic ipalities lo determine wh at
they are doing in regard to rec ycling operations. Mr. Reid stated that staff has contacted other cities
in th e State . and that Commerce City is the only other jurisdiction even considering recycling issue s.
En glewood is reall y on the "leading edge • regarding recycled material manufacturing , and no other
location in Colorado has the type of ordinan ce we are considering in effect.
Mr . Dumme r asked how amendments would be noted in the Municipal Code ; he was concerned about
the effect the proposed amendments would have on existing operations. Mr . Reid stated that the
amendments will be codified into the Municipal Code ; the Neighborhood Services staff, who are
charged with the enforcement of these codes, are aware of the proposed amendments. Existing uses
will be "grandfathered" in . Mr . Stitt stated that during the p=ss of codification , the ordinance
nu mber and year of passage is noted in parenthesis after sections that are amended .
Ms . Tobi n addressed the issue of recycling "food waste•, and stal!d that she has a problem with the
inclusion of this provision because it can a.'traet vermin. She recalled that this is one of the com• &
plaints regarding the shinsle recyclins operation on South W"111dermere ; residents complained about an -
increase in rats and mice . Mr. Reid stated that food wastes can be compressed into Joe or pellet form ,
and can be used for burning or livestock feed. Mr. Reid su&&ested that the food wastes will be com -
prised of re si due that cannot Im consumed by humans -such as com cobs ; also included would be
ag ricultu ral residue fr om wheal , alfalfa , and possibly grass .
Mr. Schultz recall ed that when the appli cants came before the Commission 10 discuss developm ent of
a brewery , they had ind icated they did hav e a considerable amount of 'spent grain " following th e
brewin g process . Wo ul d the food wastes include this , and would it also include 'animal by-prod •
ucts ".
Mr . Stitt pointed out that the manu fa cture and processing of animal by -products is spec ifically pro •
hi bited in the 1-1 Zone Distri ct.
The issue of ve nni n and the processing of food wastes was furthe r discussed . Mr . Reid stated that Tri •
County Health woul d be called in if the re was a rodent problem. Ms . Tobin po inted out that Health
De partme nts do no1 hav e suffi cie nt staff to gel pro mpt inspectio ns . Ms . Tobin rei terated her deep
concern regar ding the recycling of food was te s.
Other provisions of the existing ordi nance whic h mi ght app ly to the issue of food wastes were noted
and discu ssed .
Ms. Tobin as ked if the re were any re gulations reg ard ing th e proc es si ng of food wastes in the Un ited
State s; she wants to preve nt prob lems from ai ising and is very co nce rn ed aboul th is particular use.
Mr. Schultz asked if members of the Commissio n wanted to el iminate lhis particular provisi on, or tryA
to write stand ards to address food was tes . W,
2
Mr . Glynn asked if the EPA would have any standards or be involved in this issue . Mr. Schultz
stated that the issue of "vermin• would be dealt with at the local level.
The possibility of eliminating reference to "food wastes" was discu-:sed . Mr . Schultz questioned
whether 'food wastes" should be eliminated ancj then have to address it later if the issue arises or
whether it should be included and addressed now . Discussion ensued. '
Mr. Reid suggested that the Commission miJht want to consider permitting the processing of "food
wastes" provided the entire recyclinJ operabon is conducted within an enclosed structure, but pro-
hibiting such processing if the operabon is not enclosed . Mr . Reid sugge,ted that §16-4-13-J-l-d and
§16-4-14-1-4 be amended to state: RECYCLING OPERATIONS, INCLUDING BUT NOT LIM -
ITED TO THE PROCESSING OF BATIERIES, CONSTRUCTION WASTE , GLASS, METALS
AND/OR ALLOYS, PAPER, PLASTICS AND TIRES, EXCLUDING FOOD WAS'l'E, AUTOMO -
BILE AND WRECKING YARDS , AND JUNK YARDS AS CITFD IN SECTION J-1-a OF THIS
ORDINANCE. BUY BACK CENl'ERS THAT DO NOT PROCESS RECYCLED MATERIALS
AND STORE THEIR MATERIALS WITHIN AN ENCLOSED STRUCI1JRE OR A ROLL -OFF
COITTAINER, SEMI-TRAILER, OR SIMILARLY SELF-COITTAINED APPARATUS SHALL BE
EXEMPT FROM TiilS ORDINANCE .
Mr . Shoop asked staffs opinion whether the proposed amendmer,ts would attract recycling busi-
nesses, or whether they would rather locate where there arc no reg ~lations. Ms . Tobin pointed out
that at least potential recycling businesses would know what the re@ ulations were if they chose to lo-
cate in Englewood. Mr . Reid stated that Englewood is a very desirable place for businesses. pointing
out the "central" location, and the ready .:cccssibility for transporting products via rail ,,r hi11hway .'
Mr. Schultz inquired about enforcement, and how problems pertaining to enforcement have been ad-
dressed. Mr . Reid stated that the propcsed amendment is only one component of the entire issue;
staff is considering the issues o, ~usmcss licenses, ways to require prospcct1ve rcc:yclcrs to check with
the Planning Administrator on location and zoning regulations, etc.
Areas in Englewood where a recycling operation might locate w~re considered .
Ms . Tobin stated that staff has "really worked" on this proposal , and that it shows .
Mr . Shoop inquin.:I whether there were any time restrictions on stoc:xpiling of materials -processed
or unprocessed . Mr. Reid stated that there is no time restriction . The height of the stockpiled materi-
al s is re stricted , but not the length of time it may be retained on-site .
The possibility of requiring a bond for the Conditional Use recycler was discussed . Mr . Reid stated
that thi s provis ion was not included in the amendments proposed. Ms . Tobin asked if members of the
Comm issi on were in agreement with th is omission . It was the consensus of the Commission to not
requi re th e bond .
Cl arificatio n of 'solid fen ce " was requested by Ms . Tobin. Mr . Stin stated that the definition of so lid
fenci ng is stan dard th rougho ut the Zoning Ordinance , and Mr. Reid referenced the amendmen1, whi ch
state th at 'fen ces of wov en plasti c, wire or chain link shall be prohibited.•
Mr. Rei d funh er clari fi ed that rec ycling of 'food wastes " will be allowed under the "Perm itted Use"
prov isio ns in both the 1-1 and 1-2 Dis tri cts ; this wil l require that the rec ycling operations will be con -
ducted with in an en cl osed structure . Howev~r , "food wastes " recycling will be prohibited as a
-conditio nal Use" in both the 1-1 an d 1-2, wh ere the rec ycl ing operation s are allowed to operat~ out -
side a building .
Shoop moved :
Leonard seconded: The Public Hearin& on Case 1/3-92 be closed .
AYES :
NAYS :
Draper , Dummer, Gcrlick , Glynn, Leonard, Shoop, Tobin , Covens, Schultz
None
ABSENT : None
ABSTAIN : None
The motion carried.
Mr. Schultz asked the pleasure of the Commission .
Covens moved:
Tobin seconded : The Planninj: Commission recommend to City Council that the Comprehensive
2.oning Ordinance , 116-4-13, 1-1 Li&bt Industrial Zone Di.urict , 116-4-14 1-2
General Industrial Zone District, and 116-8-1 Definitions, be amended to in-
clude the regulations pertaining to recycled material manufacturing, as amended
at this meeting .
AYES:
NAYS :
Dummer, Gerlick, Glynn , Leonard, Shoop, Tobin , Covens, Draper, Schultz
None
ABSENT : None
ABSTAIN : None
The motion carried .
IV. FINDINGS PE FACT
B-3 Zone District
Evans/ Adriatic Rczonin&
Case #4-92
Case #8-92
Chainnan Schu ltz stated that the Findings of Fact on Cases #4-92 and #8·92 are to be considered for
approval .
Gcrlick moved :
Glynn seconded: The Findings of Fact on Case #4'92 and Case #8-92 be approved as written.
AYES :
NAYS :
Gerlick , GlyM , Leonard, Shoop , Tobin , Covens , Draper, Dummer , Schu ltz
None
ABSEN"i: None
ABSTAIN: None
The motion carried.
v. P.UBLIC FORUM
No "public" was present to address the C. omm.issi on .
VI. DIRECTOR'S CHOICE
Mr . Stitt stated that City Coun cil is schcdulin ,,i meetings with the various Boards and Co mmi ssions ,
and the dates of Novembe r 2 and 16 have beer. suggested as possible date s to meet with the Plan ning
Commission . The meeting would be at 6:00 P.M. in !he Community Room , and there is no set A
agenda at this poin t in ti me . Di scuss ion ensued . W
4
It was the consensus o( the Commission that November 16 would be more convenient .
!'.fr. Stitt also reminded Commission members that the next meeting o( the Commission will be on
September I ; the date has been changed to avoid a conflict in staffing and meeting rooms with the
Board o( Adjustment & Appeals as a result of the Labor Day Holiday .
Mr . Re id updated members on activities at Trcecycle on South Windennere, and Cinderella City.
Ms . Tobin stated that she has received several inquiries regarding the status of the Phar-Mor Drug
sto.re in light of the Chapter 11 bankruptcy filing . People were concerned because they have
prescriptions through Phar-Mor , and wanted to know if they should change their phannacy. Mr. Reid
stated that to the best of our knowledge, Phar-Mor will not be closing ; the bankruptcy proceeding is a
legal means to facilitate reorganization.
vn . COMMISSIONER'S CHOICE
Mr . Covens raised the issue of pawn shops , and whether there is on-going investigation and reporting
regardi ng this type of business . Mr . Reid stated that several have opened recently in Englewood .
The Police Depanment does investigate all pawn operations. Mr. Stitt pointed out therr. is an appli -
cation process the pawn shops have to go through; they are re.:iuired to keep a register of all items
taken in , and the Police personnel must have access to this rcgisttr. Mr . Stitt stated that a new type
of paw!l business is 'auto-pawn'.
Mr. Dummer inquired about the possibility of locating a transit station or park-'n-ride at Cinderella
City in conjunction with the improvements on Santa Fe and the improvements to the Mall. Mr. Stitt
stated that there was discussion of park-'n-ride at the Mall over 10 years ago ; he pointed out that the
amount of parking provided at the Mall is required , and that any parkin& areas that are eliminated
must have the approval of the City .
Mr . Cove~s and Mr. Stitt discussed the Tri -Cities grou11 and the possibility of rapid transit ~long
Santa Fe Drive . The limited funding was discussed, and Mr. Stitt pointed out that MAC is a local
project and not federally funded . Mr. Covens discussed the possible extension of MAC from the
Gates tenninus south along Santa Fe. Mr. Covens ?Jso discussed the undergrounding of utility lines
along Santa Fe ; however, if the eventual rapid 1ransit project should use overhead rail , they would
have to be provided overhead lines. Further discussion ensued .
Mr . Schultz stated that he noted activity on Don Cameron's subdivision on Santa Fe Drive at Big Dry
Creek . It appears roads and utilities are being installed; however, it does not appear that there has
been anything done to stabilize the banks of the Creek, which he recalled the Commission required as
on e of the first steps in development of the site . Mr . Stitt stated that staff will check into this and re -
po n back to the Commi ss ion at the next meeting . Mr. Stitt did point out that Mr . Cameron had peti -
tio ned to get the streets into a paving district. Mr . Schultz further inquired about the high tens ion
lin es cro ssing Mr . Cameron 's propeny . Mr. Stitt stated that Public Service Company doe ; have
easement s under the high tension lines , and that no structures may be placed in those easements .
The meeting was declared adjourned.
Genrude G. We ltv ·
Recording Se cretary