HomeMy WebLinkAbout1997 Ordinance No. 049' .. "
ORDINANCE NO. 49
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO . 46
INTRODUCED BY COUNCIL
MEMBER HABENICHT/
VORMITTAG
AN ORDINANCE AMENDING TITLE 16 , -CHAPTER 4 , SECTIONS 10, 12, AND 13 ,
OF THE ENGLEWOOD MUNICIPAL CODE 1985, PROHIBITING
PAWNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS
DISTRICT; ALLOWING PAWNBROKERS AND AUTOMOBILE
PAWNBROKERS AS PERMITTED PRINCIPAL USES IN THE B-2, BUSINESS
DISTRICT WITH DISTANCING. REQUIREMENTS ; AND ALLOWING
PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE I-1
INDUSTRIAL DISTRICT AS PERMITTED PRINCIPAL USES WITH NO
RESTRICTIONS.
WHEREAS , the City Council of the City of Englewood , Colorado has set the goal of
improving the business and residential quality of life in the City; and
WHEREAS , the 1979 Englewood Comprehensive Plan aims to preserve and protect
the residential nature of the Englewood community; and
WHEREAS, the 1979 Englewood Comprehensive Plan aims to create a balance of
commercial uses to reflect the character qf the neighborhood ; and
WHEREAS , the purpose of the 1997 South Broadway Action Plan is to create a
balanced and vital commercial and residential environment in the South Broadway
corridor; and
WHEREAS , the citizens of the Cit y have expressed concerns regarding the
concentration of pawnbrokers and automobile pawnbrokers in the Englewood
community; and
WHEREAS , the regulation of pawnbrokers and automobile pawnbrokers is
reasonable because of the opportunity such businesses offer to criminals for
disposition of stolen goods ; and
WHEREAS , a concentration of pawnbrokers and automobile pawnbrokers gives
the public a perception of a decline in t he economic h ealth and quality of life in the
community; and
WHEREAS, the effect of the distancing requirements is two fold: first , it limits the
total number of pawn businesses that can locate on Broadway specifically and in
Englewood generally; and secondly, it prevents a future concentration of pawn
bus inesses ; and
WHEREAS , this zoning regulation is designed to protect the health, safety and
welfare of the citizens of Englewood ; and
WHEREAS , these factors create a reasonable basis to distinguish between
pawnbrokers, automobile pawnbrokers and other types of businesses under this
zoning ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS :
Section 1. The Englewood City Council hereby amends Title 16, Chapter 4, Section
10, Subsection E , by the addition of a new Paragraph 8, which shall read as follows:
16-4-10: B-1 BUSINESS DISTRICT:
E. Prohibited Uses .
1. Adult entertainment and service establishments .
2 . Manufacturing .
3. Outdoor storage of materials , supplies and equipment on private
and public property.
4 . The outdoor display, storage or sale of clothing or household
appliances , furniture or other items commonly used in a home,
whether on private or public property.
5. Warehousing of products or items not sold on the premises.
6 . Sale at wholesale .
7. Sales or service activity shall not be allowed from any temporary
structure or vehicle unless a building permit application has been
submitted for a permanent building or structure to replace the
temporary structure .
8 . PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS
DEFINED BY AND WHICH ARE REQUIRED TO BE LICENSED
UNDER TITLE 5 OF THIS CODE .
Section 2 . The Englewood City Council hereby amends Title 16 , Chapter 4, Section
12, Subsection C, by the addition of new Paragraphs 13 and 14 which shall read as
follows:
16-4-12: B-2 BUSINESS DISTRICT:
C . Permitted Principal Uses. No building, structure, or land shall be used, and
no building or structure shall be erected, structurally altered, enlarged or
maintained unless otherwise provided for in this Ordinance, except for one or
more of the following uses:
1. Any use permitted in the B-1 Business District.
2 . Animal hospitals , kennels to be enclosed and runs enclosed by a fence
six feet (6') high.
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3. Auction houses.
4. Automobile leasing.
5 . Automobile sales at retail by a dealer licensed by the State of Colorado,
including services and accessories .
6. Drive-in eating or drinking establishments.
7 . Adult entertainment shall be permitted so long as it complies with the
following requirements :
a. No adult entertainment or service facility shall be located on any
site unless such site is not le s s than the distance limitation as
required by this Section.
(1) One thousand feet (1 ,000') from the location of another such
adult entertainment or service facility .
(2) Five hundred feet (500') from the boundary line of any
residential district defined in the Comprehensive Zoning
Ordinance , as amended, including, but not limited to ,
R-1-A , R-1-B , R-1-C , R-1 , R-2-C , R-3 or R-4 or similar
residential zone district in an area adjoining the City of
Englewood, or any religious institution, public park, public
library, community center, or educational institution,
whether within or without the City of Englewood .
b . Measurement of Distance. All distances provided herein shall be
measured as follows :
(1) With respect to the distance between a location for which an
adult entertainment or service facility is proposed and a
location where such a facility exists , the distance shall be
measured by following a straight line from the nearest point
of the property line of the proposed licensed premises to the
nearest point of the property line of the existing licensed
premises .
(2 ) With respect to the distance from the boundary line of a
residential district or any religious institution, public park,
public library, community center, or educational
institution, the distance shall be measured by followin g a
straight line from the nearest point of the property line of the
proposed licensed premises to the nearest point of the district
boundary line; or in the case of a religious institution, public
park, public library, community center, or educational
institution, the distance shall be measured by following a
straight line from the nearest point of the property line of the
proposed licensed premises to the nearest point of the property
line of a religious institution, public park, public library,
community center, or educational institution.
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(3) Where the proposed location of an adult entertainment or
service facility is a vacant parcel of land upon which no
permit has been issued for the construction of a building, all
distances shall be measured from the nearest point of the
property line of the land proposed as a location for an adult
entertainment or service facility. Where the proposed
location of an adult entertainment or service facility is a
vacant parcel of land upon which a permit has been issued
for the construction of a permanent building for such use, all
distances shall be measured from the nearest point of the
property line as shown on the survey of such parcel of land.
8. Feed and seed stores (excluding the sale or storage of hay).
9. Food locker storage.
10. Hospitals and convalescent homes.
11. Mortuaries.
12. Motels.
18. Pavm shops and sceond hand stores.
13. PAWNBROKERS AND AUTOMOBILE PAWNBROKERS.
A. NO PAWNBROKER OR AUTOMOBILE PAWNBROKER, AS
DEFINED BY AND WHICH IS REQUIRED TO BE LICENSED
BY TITLE 5 OF THIS CODE SHALL BE LOCATED ON ANY
SITE UNLESS SUCH SITE IS NOT LESS THAN THE
DISTANCE LIMITATION AS REQUIRED BY THIS SECTION .
(1) DISTANCE LIMITATION. THE BUSINESS PREMISES
OF A PAWNBROKER OR AUTOMOBILE PAWNBROKER
SHALL NOT BE LOCATED WITHIN FIVE THOUSAND
FEET OF THE BUSINESS PREMISES OF ANOTHER
PAWNBROKER OR AUTOMOBILE PAWNBROKER.
B. MEASUREMENT OF DISTANCE. ALL DISTANCES
PROVIDED HEREIN SHALL BE MEASURED AS FOLLOWS:
(1) WITH RESPECT TO THE DISTANCE BETWEEN A
BUSINESS PREMISES FOR WHICH A PAWNBROKER
OR AUTOMOBILE PAWNBROKER IS PROPOSED AND
THE BUSINESS PREMISES OF AN EXISTING
PAWNBROKER OR AUTOMOBILE PAWNBROKER,
THE DISTANCE SHALL BE MEASURED BY
FOLLOWING A STRAIGHT LINE FROM THE NEAREST
POINT OF THE PROPERTY LINE OF THE PROPOSED
LICENSED PREMISES TO THE NEAREST POINT OF
THE PROPERTY LINE OF THE EXISTING
PAWNBROKER OR AUTOMOBILE PAWNBROKER.
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(2) MEASUREMENTS BASED ON THE 1':100' ARAPAHOE
COUNTY ASSESSOR MAPS SHALL BE DEEMED
ACCEPTABLE FOR THIS PURPOSE.
14. SECOND HAND STORES.
-14. 15. Recreational vehicles and boats, sales or lease.
-1&. 16 . Residential use: must conform to the development requirements of
the R-3, High-Density Residence District.
-16-. 17 . Any similar lawful use, which, in the opinion of the Commission, is
not objectionable to nearby property by reason of noise, odor, dust,
smoke, fumes, gas, heat, glare, radiation or vibration, or is not
hazardous to the health and property of the surrounding area through
danger of fire or explosion.
Section 3 . The Englewood City Council hereby amends Title 16 , Chapter 4, Section
13, Subsection C, with the addition of a new paragraph 16 , which shall read as
follows:
16-4-13 : I-1 LIGHT INDUSTRIAL DISTRICT:
C . Permitted Principal Uses . No land shall be used or occupied and no structure
shall be designed, erected, altered, used or occupied, except for one or more of
the following uses :
1. Any use permitted in the B-2 Busine ss District excluding residential
use except as permitted in subsection C2 , mobile home parks. Each
permitted use from the B-2 Zone Dist rict must also comply with all the
restrictions and requirements set forth in the section establishing or
allowing the permitted use unless specifically modified by this Section.
2 . Mobile Home Park Development, see Development Procedure and
Standards, subsections N and 0 of this Section.
3 . Manufacturing, processing and/or fabrication . The manufacturing,
processing and/or fabrication , as enumerated and limited herein, of
any commodity except the followin g which are prohibited:
Abrasives , basic manufacture.
Alcoholic distillation .
Animal by-products , basic manufacture and processing.
Asphalt, manufacture and processing.
Bone bla ck , basic manufacture .
Carbon black or lamp black , basic manufacture .
Charcoal , basic manufacture .
Chemicals , heavy or industrial, basic manufacture or processing.
Cinder and cinder blocks , basic manufacture or processing.
Coal or coke , manufacture or processing.
Concrete and concrete products , manufacture or fabrication .
Detergents , soaps and by-products , using animal fat , basic
manufacture .
Fermented fruits and vegetable products , manufacture.
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Fertilizers, manufacture or processing.
Fungicides , manufacture .
Gasses , other than nitrogen and oxygen, manufacture.
Glass manufacture.
Glue and size, manufacture.
Grain milling .
Graphite , manufacture .
Gypsum and other forms of plaster base, manufacture .
Insecticides , manufacture .
Insulations, flammable types , manufacture or fabrication .
Matches , manufacture.
Meat slaughtering.
Metals, extraction or smelting.
Metals, ingots , pigs , sheets , or bars , manufacture.
Metal shredding, auto shredding and similar operations .
Oils and fats, animal and vegetable, manufacture.
Paints, pigments , enamels, japans, lacquers, putty, varnishes, whiting,
and wood fillers , manufacture or fabrication .
Paper pulp and cellulose , basic manufacture.
Paraffin , manufacture.
Petroleum and petroleum products, manufacture or processing.
Portland and similar cements , manufacture .
Rubber, manufacture , or reclaiming.
Sawmill or planing mills .
Serums, toxins , viruses, manufacture.
Sugars and starches , manufacture.
Tannery .
Turpentine , manufacture .
Wax and wax products , manufacture .
Wood preserving by creosoting or other pressure impregnation of wood
by preservatives .
4. Sale at wholesale or storage . The sale at wholesale, the warehousing and/or
storage of any commodity except the following which are prohibited:
a. Live farm animals.
b. Commercial explosives.
c. Above-ground bulk storage of flammable liquids or gasses, unless and
only to the extent that the storage of such liquids or gasses is directly
connected with energy or heating devices on the premises or to service
railroad locomotives .
5. Sale at retail. The sale at retail of the following:
a. Hardware .
b. Any commodity manufactured, processed, fabricated or warehoused on
the premises .
c . Equipment , supplies and materials (except commercial explosives)
designed especially for use in agriculture, mining, industry, business ,
transportation, building and other construction.
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6. Repair, rental and servicing. The repair, rental and servicing of any
commodity, the manufacture, processing, fabrication, warehousing or sale
of which commodity is permitted in this District.
7. Contractor yard for vehicles, equipment, materials and/or supplies. A
contractor yard for vehicles, equipment, materials, and/or supplies which
complies with all of the following conditions:
a . Is properly graded for drainage, surfaced with concrete, asphalt, oil or
any other dust-free surfacing and maintained in good condition, free of
weeds , dust, trash and debris .
b. Is provided with barriers of such dimensions that occupants of adjacent
structures are not unreasonably disturbed, either by day or by night, by
the movement of vehicles, machinery, equipment or supplies.
c . Is provided with entrances and exits so located as to minimize traffic
congestion.
d . Is provided with barriers of such type and so located that no parked
vehicles will extend beyond the yard space or into the required
screening area if adjoining or adjacent to a residential district.
e . Lighting facilities are so arranged that they neither unreasonably
disturb occupants of adjacent residential properties nor interfere with
traffic .
8 . Greenhouse.
9. Newspaper distribution station.
10. Parking and/or commercial storage of operable vehicles .
11. Railroad facilities , but not including shops .
12. School for training in occupational skills, enrollment may be open to the
public or limited, may include dormitories for students and instructors .
13. Terminal for intracity or intercity vehicles for movement of persons of
freight .
14. Warehousing and/or storage.
15 . Recycling operations, including but not limited to the processing of
batteries, construction waste, food waste, glass, metals and/or alloys ,
papers, 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 apparatus shall be exempt from this subsection
Cl5 .
a . The manufacturing of all materials shall occur within an enclosed
structure . The storage of materials may occur outside of the structure
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providing said storage is in a roll-off container, semi-trailer, or
similarly self-contained apparatus. For operations not conducted
within an enclosed structure, see subsection Jld of this Section.
16 . PAWNBROKER AND AUTOMOBILE PAWNBROKER.
17. Any similar lawful use which, in the opinion of the Commission, is not
objectionable to nearby property by reason of odor, dust, smoke, fumes , gas,
heat, glare, radiation or vibration, or is not hazardous to the health and
property of the surrounding area through danger of fire or explosion .
Section 4. Existing-Pawnbrokers. Any pawnbroker or automobile
pawnbroker in existence prior to the effective date of this ordinance, but which does
not conform to the limitations established by this ordinance, shall be
nonconforming and subject to the following conditions : The pawnbroker or
automobile pawnbroker shall be required to be registered with the City within thirty
(30) days of the effective date of this ordinance. A nonconforming use , allowed
pursuant to this Section, may remain at its location as a legal nonconforming use
subject to the termination requirements of nonconforming uses as described in
this Title. Because it is a purpose of this Ordinance to eliminate nonconforming
pawnbroker and auto pawn uses. No pawnbroker or auto pawn nonconforming use
shall be resumed if it has been discontinued for a continuous period of at least one
hundred and eighty days or would terminate as provided for in the general
nonconforming use provisions of this Title.
Section 5. Safety Clauses . The City Council, hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Englewood, that it is promulgated for the health, safety, and welfare of the
public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 6. Severability. If any clause, sentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of competent jurisdiction invalid , such judgment
shall not affect impair or invalidate the remainder of this Ordinance or its
application to other persons or circumstances.
Section 7. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby
repealed to the extent of such inconsistency or conflict.
Section 8 . Effect of repeal or modification. The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or
liability, either civil or criminal , which shall have been incurred under such
provision, and each provision shall be treated and held as still remaining in force
for the purposes of sustaining any and all proper actions, suits, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
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Section 9. Penalty. The Penalty Provision of E .M .C . Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Section 10. Effective Date . This Ordinance shall go into effect on July 7, 1997.
Introduced, read in full , and passed on first reading on the 5th day of May, 1997 .
Published as a Bill for an Ordinance on the 8th day of May, 1997.
Amended and reintroduced, read in full , and passed as amended on the 2nd day of
June, 1997.
Published as amended on the 5th day of June, 1997.
A Public Hearing was held on June 2, 1997 .
Read by title and passed on final reading on the 16th day of June, 1997 .
Published by title as Ordinance No.!/!)._, Series of 1997, on the 19th day of June,
1997.
I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No.~' Series of 1997.
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Loucrishia A. Ellis
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e -COUNCIL COMMUNICATION
DATE: June 2, 1997 AGENDA ITEM SUBJECT: Comprehensive Zon-
ing Ordinance Amendment re-
10 a iii garding Pawn and Auto Pawn
INITIATED BY: Neighborhood and Business STAFF SOURCE: Mark Graham, Neighbor-
Development Office hood Development Coordinator Neighborhood
and Business Development Office
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Council Goal:
Council has adopted quality of life goals consistent with improving the South Broadway area. The
proposed ordinance implements goals of the South Broadway Action Plan goals of improving per-
ception of Englewood as a safe and attractive place to live and for shopping and entertainment .
Previous Council Action:
On May 5 , 1997, Council set June 2, 1997 as the date for the public hearing to consider the pro-
posed Pawn and Auto Pawn amendment. This Ordinance is being brought forward on first reading
because it is revised to prevent an undesired gap in the moratorium.
Responding to citizen requests, City Council initiated South Broadway studies in May 1996. Citi-
zens described their concerns with the decline of South Broadway and the associated impacts on
adjacent businesses and nearby residences . Staff hosted a series of meetings with stakeholders in-
cluding residents and businesses during 1996 to identify issues and strategies for improving South
Broadway in Englewood. Staff summarized the concepts, issues, and strategies for improving
South Broadway in the South Broadway Action Plan 1997 (SBAP).
The proposed Pawn and Auto Pawn ordinance is an implementation strategy of the South Broadway
Action Plan. Promoting the goal of "compatibility" the Action Plan directs staff to "Develop land
use recommendations for compatibility of pawnshop[s] ... with neighborhoods ." There are signifi-
cant negative perceptions of Pawn businesses and concerns in the community that Pawn businesses
are concentrating on Broadway in Englewood. The proposed ordinance addresses the issue using
the zoning ordinance to establish distancing requirements for pawn businesses. The effect of the
distancing requirements is twofold. First, it limits the total number of pawn businesses that can
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locate on Broadway specifically , and in Englewood generally. Second, it prevents a future concen-
tration of pawn businesses.
RECOMMENDED ACTION:
Neighborhood and Business Development staff recommends that the proposed Comprehensive
Zoning Ordinance amendment pertaining to Pawn and Auto Pawn businesses, as recommended by
the City Planning and Zoning Commission, be approved by City Council.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
Both residents and businesses are concerned with the commercial vitality of South Broadway in
Englewood. There is a desire in the community to enhance South Broadway and to mitigate the
impacts of businesses perceived to be adversely impacting other businesses and nearby residences.
Pawn businesses on Broadway are perceived as a negative influence . In the South Broadway
meetings, citizens mentioned a concentration of pawn businesses indicated to them that the area is
in decline. Consistent with the idea of redeveloping the Broadway corridor, the proposed ordi-
nance would cap the number of pawn uses permitted on South Broadway in Englewood.
The South Broadway Action Plan(SBAP) recommends a series of actions to revitalize South
Broadway. Both the Planning Commission and council have endorsed the 1997 plan to improve
Broadway . One of the recommended actions is addressing the issue of pawn shops and auto pawn
businesses. Several proposals to resolve citizen concerns were studied , such as: eliminating pawn
as a permitted use in B-2 Zoning, establishing a period for the businesses to relocate, or establish-
ing distance requirements between pawn businesses. Staff met with community stakeholders in-
cluding residents, business associations and pawn business owners to discuss the adverse perception
of pawns and possible solutions . Based on those meetings , staff recommends that Council establish
distancing requirements to addresses the concerns of citizens and pawn brokers.
Existing pawn businesses that do not meet distancing requirements will become non-conforming
uses subject to the restrictions that apply to any non-conforming use. Businesses may continue at
present locations and transfer ownership unless discontinued for 180 days then they could not be re-
established except in conformance with the new ordinance. Representatives of Englewood pawn
businesses are on record before the Planning Commission supporting the outlined position.
FINANCIAL IMPACT:
None.
LIST OF ATTACHMENTS:
Bill for Ordinance
Findings of Fact
Staff Report
H:IGROUP\BOARDS\PLANCOMM\COUNCil.. COMM\COUNCil.. COMM. OR-97.02 PAWN.DOC
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CITY OF ENGLEWOOD PLANNING AND ZONING C01\.1MISSION
IN THE MATTER OF CASE #OR-97-02 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOl\.11\IIENDATIONS RELATING )
TO Al\fENDMENT OF THE C01\1PREHEN-)
SIVE ZONING ORDINANCE AS RELATED )
TO THE PAWN/AUTOMOBILE PAWN )
BUSINESSES. )
)
INITIATED BY: THE OFFICE OF )
NEIGHBORHOOD AND BUSINESS )
DEVELOPMENT )
)
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COl\11\.fISSION
This matter was opened for Public Hearing before the City Planning and Zoning Commission
on January 21, 1997 in the City Council Chambers of Englewood City Hall. No testimony
was taken on that date, and the Public Hearing was continued to February 19, 1997.
Januarv 21. 1997:
Commission Members Present:
Commission Members Absent:
February 19, 997:
Commission Members Present:
Commission Members Absent:
Douglas, Dummer, Garrett, Redpath, Tobin, Weber,
Welker, Mason
Homer
Cottle, Homer, Mason, Tobin, Weber, Welker, Douglas
Dummer, Garrett
Testimony was received from staff and from the general public. The Commission received
notice of Public Hearing, and the Staff Report, which were incorporated into and made a part
of the record of the Public Hearing.
After considering the statements of the witnesses, and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and Con-
clusions .
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--FINDINGS OF FACT
1. THAT this issue was brought before the Planning and Zoning Commission by the Of-
fice of Neighborhood and Business Development as the initial step to implement the
South Broadway Action Plan.
2. THAT Notice of Public Hearing was published in the Englewood Herald on January 9,
1997 .
3. THAT Neighborhood Community Coordinator Graham gave testimony regarding pur-
pose and background of the proposed amendment to the Comprehensive Zoning Ordi-
nance. Mr. Graham testified that existing pawn/auto pawn businesses will be
"grandfathered" in, but will become legal non-conforming uses. Such legal non-
conforming uses may continue to operate unless discontinued for a period of 180 days,
at which time future use of the site must conform with the Comprehensive Zoning Or-
dinance.
4. THAT members of the pawn business community spoke in support of the proposed
amendment to the Comprehensive Zoning Ordinance, among them Mr. Brett Kauffman,
Ms. Vicki Lattimer, Mr. Michael Massa, and Mr. Gary Foreman.
5. THAT no one spoke in opposition to the proposed amendment to the Comprehensive
Zoning Ordinance.
CONCLUSIONS
1. THAT notification of the Public Hearing was properly given in the Englewood Herald.
2. THAT the Planning Commission finds the proposed amendment to the Comprehensive
Zoning Ordinance, establishing distance requirements between all pawn/auto pawn
businesses, is desirable and will limit the number of such establishments that may locate
in the City of Englewood.
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DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro-
posed amendment to the Comprehensive Zoning Ordinance, #OR-97-02 be approved and rec-
ommended to City Council for approval.
The decision was reached upon a vote on a motion made at the meeting of the City Planning
and Zoning Commission on February 19, 1997, by Homer, seconded by Tobin, which motion
states:
The Planning Commission approve and recommend to City Council the proposed amendment to
the Comprehensive Zoning Ordinance, OR-97-02, which will establish distance requirements
between pawn businesses.
AYES:
NAYS:
Welker, Cottle, Homer, Mason, Tobin, Weber, Douglas
None
ABSTAIN: None
ABSENT: Dummer, Garrett
The motion carried.
These Findings and Conclusions are effective as of the meeting on February 19 , 1997.
BY ORDER OF THE CITY PLANNING & ZONING COM1\1ISSION
Bill Dougla~ Chairman tJ ;;
lnbd\grouplbovdslplana>mmlfincilngs 91\fof or-97-02.doc
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TO:
THRU:
FROM:
DATE :
SUBJECT:
REQUEST:
M E M 0 R 1 l D U B
Englewood Planning and Zoning Commission <
Robert Simpson, Neighborhood and Business Development Director ,~;,
Mark Graham, Neighborhood Community Coordinator '
February 13, 1997
Planning Commission Date: February 19 , 1997
Comprehensive Zoning Ordinance Amendment Case# OR 97-02
Establishing Standards and Regulations for Pawnbrokers and Auto-
mobile Pawnbrokers
Staff requests that the Planning and Zoning Commission re view, take public testimony ,
and provide comment on the proposal to amend the Englewood Comprehensive Zoning
Ordinance to establish distancing requirements for pawnbroker and automobile pawnbro-
kers .
RECOMl\tlENDATION:
Staff recommends that Planning Commission approve the recommendation to es-
tablish distancing requirements for pawnbrokers and automobile pawnbrokers to
prevent concentrations of those uses which contribute to negative perceptions of
South Broadway.
SUMMARY:
City Council directed the Neighborhood and Business Development Office· to study the
South Broadway corridor in 1996. While studying Broadway, staff learned that Engle-
wood merchants are concerned with the negative impacts associated with some busi-
nesses on the commercial vitality of Broadway. Residents in neighborhoods near Broad-
way also express concern about impacts attributable to particular businesses on Broad.:.
way. Pawn businesses were often included in lists of factors contributing to negative per-
ceptions of South Broadway. Concentrations of pawn shops were perceived as threaten-
ing to commercial vitality.
Staff seeks support for an ordinance implementing the South Broadway Action Plan
which would prevent future concentration of Pawn businesses on South Broadway by re-
quiring minimum distance between Pawn businesses as means of improving land use
compatibility and the image of the redeveloping Broadway corridor.
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Case# OR 97-02
Pawnbrokers
BACKGROUND:
page 2
In January of 1996, Englewood residents approached City Council with concerns regard-
ing the concentration of particular businesses on South Broadway and the proximity of
these businesses to adjacent neighborhoods. Englewood's Neighborhood and Business
Development Office (NBD) was asked by City Council to study the South Broadway cor-
ridor. On June 10 , 1996, City Council signed into affect a moratorium temporarily sus-
pending all miscellaneous licensing of businesses until procedures can be reviewed and
revised by City Council and staff.
Public Participation:
During May and June of 1996, City staff kicked off the "On South Broadway" study by
organizing four public meetings. The comments from these community meetings pro-
duced a list of resident and business issues, concerns, and opportunities, to improve the
Englewood business climate as well as generally improve the South Broadway corridor.
Staff also mailed opinion surveys to 612 businesses and 4,500 residents in the Broadway
corridor. Based on the comments from the opinion surveys and summer meetings, NBD
staff categorized issues and concerns. In early September 1996 , two focus sessions, made
up of merchants and residents prioritized and devised remedies to the South Broadway
issues.
Staff Review:
One recurring concern mentioned in surveys, focus groups, and community meetings is
the perceived negative impact of pawnbrokers and automobile pawnbrokers on the
Englewood community. Residents and merchants express concerns with the concentra-
tion of pawnbrokers and automobile pawnbrokers on South Broadway. The concentra-
tion of these businesses tends to adversely affect the attractiveness of nearby neighbor-
hoods and businesses.
In July and August of 1996, NBD staff conducted a physical inventory, market analysis ,
and a land use analysis of the South Broadway corridor. Staff also reviewed the Engle-
wood Zoning Ordinance and the Englewood Comprehensive Plan. The Englewood
Comprehensive Plan aims to create a balance of commercial uses that reflect the character
of adjacent neighborhoods and it aims to preserve and protect the residential nature of the
Englewood community.
ORDINANCE PROPOSAL:
The proposed ordinance amends the zone district requirements of the Englewood Zoning
Ordinance continuing pawnbrokers and automobile pawnbrokers as a principal permitted
use in B-2, I-1, and I-2 zone districts as long as distancing requirements are met. It also
imposes distance restrictions on the location of pawnbrokers licensed after the effective
date of this ordinance. The proposed distancing requirements mandate a 2000 foot sepa-
ration between pawnbrokers/automobile pawnbrokers. This distance is measured from
the nearest property line of the proposed pawnbroker/automobile pawnbrokers location to
the nearest property line of an existing pawnbroker/automobile pawnbroker.
Case# OR 97-02
Pawnbrokers
e · Pawnbroker/automobile pawnbroker capacity load on South Broadway:
page 3
Based on this proposal, South Broadway could support a total of seven pawnbro-
ker/automobile pawnbroker with a 2000 foot distancing requirement.
• Two pawnbroker/automobile pawnbroker would be allowed in the north section be-
tween Yale (2700 S.) and Floyd (3300 S.).
• Five pawnbroker/automobile pawnbroker would be allowed in the south section be-
tween Jefferson (3600 S.) and the south border.
Other B-2 areas:
I. There is a stretch of B-2 zoned land running on both sides of Hampden between La-
fayette (1400 E.) and Logan (4 00 E .). Two pawnbrokers/automobile pawnbrokers
could locate in this area.
2. One pawnbroker/automobile pawnbroker could locate in the B-2 on Evans between
Raritan (2100 W.) and Zuni (2 400 W.).
3. One pawnbroker/automobile pawnbroker could locate in the B-2 on Belleview and
Lipan.
4. One pawnbroker/automobile pawnbroker could locate in the B-2 on the north side of
Hampden between Galapago (7 00 W.) and Jason (1000 W.).
5. One pawnbroker/automobile pawnbroker could locate in B-2 on South side of
Hampden between Bannock (2 00 W.) and Elati (5 00 W).
6. One pawnbroker/automobile pawnbroker could locate in B-2 between Jefferson (3600
S.) and Kenyon (3700 S.) east of Broadway to Logan.
Industrial locations for pawnbrokers /automobile pawnbrokers:
Pawnbrokers/automobile pawnbrokers may locate in the I-1 and I-2 districts provided
they satisfy distancing requirements .
NONCONFORMING STATUS
Existing pawnbrokers would be deemed non-conforming uses which could continue · op-
eration and be transferred or sold unless the business ceased operation for a period of 180
days. In the case of ceasing operations for 180 days the business could not be re-
established unless it could meet the provisions of the ordinance including distancing from
other pawn uses. Pawnbrokers applying for licenses after the effective date of this ordi-
nance, would be required to demonstrate that they meet the provisions of this ordinance
including the minimum separation from other pawnbrokers
.,
·.1
9 ·
Case # OR 97-02
Pawnbrokers
Following is a list of Englewood pawnbrokers and automobile pawnbrokers.
~B"usfuess riaine ~ .. :;;; :Business Addiessr: .. -~~~#~· ~~:~--:
?!.-. . '!.. ... , .•... . :,. ~
PawnBank 2815 S. Broadway
Best Car Buys LTD 3232 S. Broadway
Johnny 's Automobile Pawn 3215 S. Broadway
Harry's Specialty Cars 3247 S. Broadway
American Automobile Mart 3935 S. Broadway
Inc.
Englewood Pawn 4155 S. Broadway
Rags to Riches Automobile 4201 S. Broadway
Sales and Pawn
Continental Pawn 4756 S. Broadway
Central Jewelry and Loan 4796 S. Broadway
Massa Automobile Pawn, 5020 S. Broadway
Inc.
US Pawn 5030 S. Broadway
Colorado Automobile Pawn 1201 W. Lehigh Pl.
page4
Following is a list of Englewood pawnbrokers/automobile pawnbrokers and their dis-
tances to nearby pawnbrokers/automobile pawnbrokers.
PawnBank
2815 S. Broadway
;_,Distance··. :"•-;:. .. ,!~' :" Business., : : ..
2600 ft Best Car Buys
2502 ft Johnny's Auto Pawn
2602 ft Harry's Specialty Cars
Best Car Buys LTD
3232 S. Broadway
~:OiStancC::::_ . §;.:. · ;Btlsfuess .;;·.
2600 ft PawnBank
100 ft Johnny's Auto Pawn
100 ft Harry's Specialty Cars
Johnny's Automobile Pawn
3215 S. Broadway
. JDistance:: ,:,. :·Busiiress. · .. ' . '<
2502 ft PawnBank
100 ft Best Cars Buys LTD
0 ft Harry's Specialty Cars
Business:;AdCfress,: ''&., ;.,,. icG:'onroni:iij:tg~5;
3232 S. Broadway Yes
3215 S. Broadway Yes
3247 S. Broadway Yes
Business-Aid~:.~~ j:',(lOnfO~ """ ... . ' -...
2815 S. Broadway Yes
3215 S. Broadway No
3247 S. Broadway No
Businessi.Addtess; I:~~\~~ ~€onro~~~
2815 S. Broadway Yes
3232 S. Broadway No
3247 S. Broadway No
Case# OR 97-02
Pawnbrokers
Harry's Specialty Cars
3247 S. Broadway
.~ Distanc~, ".::~;;':-.::. f· B'usiness-.. "Busfues$~ddtess.,;-.~:;:;_, ~-Con!ormin~
2602 ft PawnBank
100 ft Best Cars Buys LTD
0 ft Johnny's Auto Pawn
American Automobile Mart
3935 S. Broadway
?-E>iStan=..:• ";:"'~;: '; !".BUsfuess: .r:· _. ~....;_~.j,···~-~-~ -~~
1111 ft Englewood Pawn
1665 ft Rags to Riches Auto-
mobile Sales and
Pawn
Englewood Pawn
4155 S. Broadway
~ IDiStance.::t-i:;:-.. :·Business.: · .. ..
1111 ft American Automobile
Mart
351 ft Rags to Riches Amo-
mobile Sales and
Pawn
3961 ft Continental Pawn
2815 S. Broadway
3232 S. Broadway
3247 S. Broadway
i B"usfuess-,'*d&:ess;; '1' >
4155 S. Broadway
4201 S. Broadway
Bilsii:tess:A'.ddresS'\ "f ':c
3935 S. Broadway
420 l S. Broadway
4756 S. Broadway
Rags to Riches Automobile Sales and Pawn
4201 S. Broadway
351 ft
1665 ft
Englewood Pawn
American Automobile
Mart
Continental Pawn
4756 S. Broadway
Yes
No
No
f ConfOrm!Dsr;1
No
No
'-C::onfu~g:·'
No
No
Yes
No
No
~iStan'~~4,j ~'BUSfueS$::~~:z-~1 .. ~~ ~~ .. -". .. fv(··; ~Btlsinc$·~ddres&~~ ~~onf~
140 ft Central Jewelry and 4796 S. Broadway No
Loan
1680 ft Massa Automobile Pawn 5020 S. Broadway No
1765 ft US Pawn 5030 S. Broadway No
page 5
, "' -• Case# OR 97-02
Pawnbrokers
Central Jewelry and Loan
4796 S. Broadway
t.Ji!iStiifrc;~~~~-it ~Bilsiness:.~;~:;;~.;:::':~:~~'~;~tiiBt:Jsiness,'W!;f~:CJ ~(!;'o~ifu~
140 ft Continental Pawn 4756 S. Broadway No
1540 ft Massa Automobile Pawn 5020 S. Broadway No
1625 ft US Pawn 5030 S. Broadway No
Massa Automobile Pawn, Inc.
5020 S. Broadway
1i,Elfstarice:;~_/;::_~..,:::; 1BUSiness; :~··':r'i·~, ''/ &-~'::~:.:.:;ktc 1 tB\Jsiness-A:dcfre~·A'1:;; : E:onfbrmfng:;.•
1680 ft Continental Pawn 4756 S. Broadway No
1540 ft Central Jewelry and Loan 4796 S. Broadway No
0 ft US Pawn 5030 S. Broadway No
US Pawn
5030 S. Broadway
$JliStance:: ·kl· Busfuess '
1765 ft Continental Pawn
1625 ft Central Jewelry and Loan
0 ft Massa Auto Pawn
Colorado Automobile Pawn
1201 W. Lehigh Pl.
·· Business,Address ... ·Conforming "
4756 S. Broadway No
4796 S. Broadway No
5030 S. Broadway No
page 6
• Colorado Automobile Pawn is over 3800 feet from Broadway and complies with dis-
tancing requirements .
H:\GROUP\BOAROS\PU\NCOMMISTAFF REPORTS 97\PAWNBROKER STAFF REPORT 2.DOC