HomeMy WebLinkAbout1997 Ordinance No. 050,. · .. , ...
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ORDINANCE NO. 5{)
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 47
INTRODUCED BY COUNCIL
MEMBER WAGGONER/
WIGGINS
AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 10, 12, 13 AND
14, AND CHAPTER 8, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE
1985, TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES
IN B-1 AND B-2 BUSINESS DISTRICTS AND TO ALLOW TEMPORARY
EMPLOYMENT SERVICES AS A CONDITIONAL USE IN THE I-1 AND I-2,
INDUSTRIAL DISTRICTS, WITH DISTANCE REQUIREMENTS.
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 create a balance of
commercial uses to reflect the character of the neighborhood; and
WHEREAS, temporary employment services are not currently a specifically
permitted use in any zone district in the City; and
WHEREAS , the Englewood Planning and Zoning Commission has found that
Temporary Employment Services are not a use which is compatible with or similar to
other uses in B-1 or B-2 districts; and
WHEREAS, many industries utilize the services of temporary employment
services as a source of employees which makes an industrial district the preferred
location for such uses ; and
WHEREAS, the citizens of the City have expressed concerns regarding the
location of temporary employment services in the Englewood community because of
the large numbers of employees congregating; and
WHEREAS , the very early and late hours of operation of temporary employment
services affect the quality of life of adjacent residential and business neighborhoods ;
and
WHEREAS , the Planning and Zoning Commission found it appropriate to deal
with other issues such as hours of operation as part of an individual conditional use
hearing; and
WHEREAS , distancing requirements of one-thousand feet in the industrial areas
between specified business would help alleviate the secondary effects created by these
businesses; and
WHEREAS , public hearings were held by the Englewood Planning and Zoning
Commission on January 21, 1997 , February 19, 1997, March 18 , 1997 and April, 8, 1997 ;
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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 adding a new Paragraph 9, 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 .
9. TEMPORARY EMPLOYMENT SERVICES 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 F, by adding a new Paragraph 7, which shall read as follows:
16-4-12: B-2 BUSINESS DISTRICT:
F . Prohibited Uses .
1. Manufacturing .
2. Outdoor storage of materials, supplies and equipment on private
and public property.
3. The outdoor display, storage or sale of household appliances,
furniture, or other items commonly used in a home, whether on
private or public property.
4 . Warehousing of products or items not sold on the premises.
5. Sales at wholesale .
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6. 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 .
7. TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND
WHICH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF
THIS CODE.
Section 3 . The Englewood City Council hereby amends Title 16, Chapter 4 , Section
13 , Subsection J, with the addition of a new Paragraph l (d ), which shall read as
follows :
16-4-13: I-1 LIGHT INDUSTRIAL DISTRICT:
J. Conditional Uses . Provided the public interest is fully protected and the
following uses are approved by the City Planning and Zoning
Commission and City Council:
1. Uses .
a . Automobile wrecking y ards and junk yards .
(1) Any automobile wrecking yard or junk yard opened after the
effective date of this Ordinance shall be on a parcel or
adjoining parcels of not less than one acre but not to exceed one
and one-half (1 1/2 ) acres .
(2 ) Any automobile wrecking yard or junk yard approved
pursuant to the provisions of this Ordinance or any existing
automobile wrecking yard or junk yard expanded under the
provisions of this Ordinance, shall be set back no less than one
hundred fifty feet (150') from the boundary line of any
residential zone district .
(3 ) Any automobile wrecking y ard or junk yard approved
pursuant to the provisions of this Ordinance shall be enclosed
on its perimeter with a solid, nontransparent vertical wall or
fence with a minimum height of six feet (6 ') and a maximum
of twelve feet (12') measured from ground level. Fences of
woven wire or chainlink materials shall be prohibited.
( 4 ) Any automobile wrecking yard or junk yard approved
pursuant to the provisions of this Ordinance and all yards
existing on the effective date of this Ordinance shall comply
with Chapter 10, Title 5 of the Englewood Municipal Code , as
amended, entitled Auto Wrecking and Junk Yards , and all
other applicable codes or ordinances .
(5) Any automobile wrecking yard or junk yard which is
licensed by the City of Englewood on the effective date of this
Ordinance shall be deemed to be an approved yard whether or
not it has a minimum area of one acre , and such yard may be
expanded onto abutting property, provided that s uch expanded
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yard conforms to the requirements of this and any other
applicable codes or ordinances .
b. Amusement establishments including, but not limited to billiard
halls, bowling alleys , coin-operated games, dance halls ,
electronic or video games , night clubs , outdoor commercial
recreational facilities , pool halls, or skating rinks .
c. Recycling operations, including but not limited to the processing
of batteries, construction waste, glass, metals and/or alloys ,
paper, plastics and tires, excluding food waste, automobile
wrecking yards and junk yards as cited in subsection 16-4-13Jla.
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 Jlc.
(1 ) Any recycled material manufacturing opened after the
effective date of this subsection Jlc shall be located on one or
more contiguous parcel(s) which total area shall not be less
than one acre .
(2) The manufacturing and storage of all processed and
unprocessed materials shall be enclosed with a solid,
non-transparent vertical wall or fence with a maximum
height of eight feet (8') on the parcel(s) frontage and twelve feet
(12') on the parcel(s) side and back boundaries . Fences of
woven plastic, wire or chain link shall be prohibited .
(3) The stockpiling of all processed and unprocessed materials
shall not exceed the height of the wall or fence.
(4) No more than seventy five percent (75 %) of the parcel(s) total
size may be utilized for the storage of processed or unprocessed
materials.
(5) All recycled material manufacturing businesses operating
under a conditional use provision shall be subject to yearly
administrative compliance review of the adopted conditions.
d . TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY
AND WHICH ARE REQUIRED TO BE LICENSED UNDER
TITLE 5 OF THIS CODE, SHALL COMPLY WITH THE
FOLLOWING REQUIREMENTS IN ADDITION TO THE
PROVISIONS OF 16-5-21 E.M .C .:
(1) SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY RESIDENTIAL ZONE
DISTRICT .
(2) SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY ESTABLISHMENT
SELLING ALCOHOL BY THE PACKAGE OR DRINK.
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(3 ) SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY PUBLIC GATHERING
FACILITY.
(4) WITH RESPECT TO THE DISTANCING REQUIREMENTS
IN THIS SUBSECTION BETWEEN A BUSINESS PREMISE
FOR WHICH A TEMPORARY EMPLOYMENT SERVICE IS
PROPOSED AND ANOTHER USE, THE DISTANCE SHALL
BE MEASURED BY FOLLOWING A STRAIGHT LINE
FROM THE NEAREST POINT OF THE PROPERTY LINE
OF THE BUSINESS PREMISE OF THE PROPOSED
TEMPORARY EMPLOYMENT SERVICE TO THE
NEAREST POINT OF A RESIDENTIALLY ZONED
DISTRICT OR THE PROPERTY LINE OF THE SPECIFIC
USE LISTED.
Section 4. The Englewood City Council hereby amends Title 16 , Chapter 4, Section
14, Subsection I , with the addition of a new Paragraph 4 , which shall read as follows:
16-4-14: I-2 GENERAL INDUSTRIAL DISTRICT:
I. Conditional Uses. Provided the public interest is fully protected and the
following use is approved by the Commission:
1. Dump. (See Chapter 16-5 of this Title, General Regulations.)
2. Amusement establishments including, but not limited to , billiard
halls, bowling alleys , coin-operated games, dance halls, electronic
or video games, night clubs, outdoor commercial recreational
facilities , pool halls, or skating rinks .
3 . Recycling operations, including but not limited to the processing of
batteries, construction waste, glass, metals and/or alloys, paper,
plastics, and tires shall meet conditions a through e, as listed below .
Food waste, automobile wrecking yards and junk yards as cited in
subsection 16-4-13Jla of this Chapter are excluded. 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 I3 :
a. Any recycled material manufacturing opened after the
effective date of this subsection I3 shall be located on one or
more contiguous parcel(s) which total area shall not be less
than one acre .
b . The manufacturing and storage of all processed and
unprocessed materials shall be enclosed with a solid,
non-transparent vertical wall or fence with a maximum
height of eight feet (8') on the parcel(s ) frontage and twelve feet
(12') on the parcel(s ) side and back boundaries. Fences of
woven plastic, wire or chain link shall be prohibited .
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c. The stockpiling of all processed and unprocessed materials
shall not exceed the height of the wall or fence .
d. No more than seventy five percent (75 %) of the parcel(s) total
size may be utilized for the storage of processed or unprocessed
materials .
e . All recycled material manufacturing businesses operating
under a conditional use provision shall be subject to yearly
administrative compliance review of the adopted conditions.
4. TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY
AND WHICH ARE REQUIRED TO BE LICENSED UNDER TITLE
5 OF THIS CODE , SHALL COMPLY WITH THE FOLLOWING
REQUIREMENTS IN ADDITION TO THE PROVISIONS OF
16-5 -21 E.M .C .:
A. SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY RESIDENTIAL ZONE
DISTRICT .
B. SHALL BE LOCATED NO CLOSER THAN ONE
THOUSAND FEET FROM ANY ESTABLISHMENT
SELLING ALCOHOL BY THE PACKAGE OR DRINK.
C. SHALL BE LOCATED NO CLOSER THEN ONE
THOUSAND FEET FROM ANY PUBLIC GATHERING
FACILITY .
D. WITH RESPECT TO THE DISTANCING REQUIREMENTS
IN THIS SUBSECTION BETWEEN A BUSINESS PREMISES
FOR WHICH A TEMPORARY EMPLOYMENT SERVICE IS
PROPOSED AND ANOTHER USE , THE DISTANCE SHALL
BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM
THE NEAREST POINT OF THE PROPERTY LINE OF THE
BUSINESS PREMISES OF THE PROPOSED TEMPORARY
EMPLOYMENT SERVICE TO THE NEAREST POINT OF A
RESIDENTIALLY ZONED DISTRICT OR THE PROPERTY
LINE OF THE SPECIFIC USE LISTED .
Section 5 . The Englewood City Council hereby amends Title 16 , Chapter 8 , Section
1, with the addition of a new definition , which shall read as follows :
PUBLIC GATHERING FACILITY
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IS LIMITED TO SCHOOLS , PUBLIC
PARKS , PUBLIC RECREATION
CENTERS AND PUBLICLY
IDENTIFIED OPEN SPACES.
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Section 6. 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 7. S e verability . If any clause, sentence , paragraph, or part of this
Ordinance or the application thereof to any person or circumstances s hall for an y
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 8 . 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 9. Effect of repeal or modification . The repeal or modification of an y
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 s uch
provision, and e ach provision shall be treated and held as still r e maining 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 s ustaining any judgment, decree, or order which can or may be
rendered , entered, or made in such actions, suits, proceedings, or prosecutions.
Section 10 . P e nalty. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to
each and every violation of this Ordinance.
Sectionll. Effe ctive 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.
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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 .-5:'.>, Series of 1997, on the 19th day of June,
1997.
~jg
Loucrishia A. Ellis, City Clerk
Th~mas J B ~ s , Mayor
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.62, ~ d. ~
Loucrishia A. Ellis
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COUNCIL COMMUNICATION
DATE: May 5, 1997 AGENDA ITEM SUBJECT: Comprehensive
Zoning Ordinance Amendment -
11 a i i Temporary Employment Services
INITIATED BY: Department of STAFF SOURCE: Harold Stitt, Planning
Neighborhood and Business Development Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Council Goals: • Create government/community dialog opportunities.
• Economic development.
• Quality of life.
Previous Council Action:
There has been no previous Council action on this matter.
Previous Planning Commission Action:
The Planning Commission held a Public Hearing on the proposed temporary employment
services amendments on January 21, 1997 and continued to February 19, 1997 , March 18 , 1997 ,
and April 8, 1997. The Planning Commission voted to recommend the amendment of the
Comprehensive Zoning Ordinance concerning temporary employment services as follows:
A. Temporary employment services shall be prohibited in the B-1 and B-2 Zone
Districts .
B. Temporary employment services shall be allowed as a Conditional Use in the I-1
and I-2 Zone Districts , provided they comply with the following restrictions:
1. Shall be located no closer than 1,000 feet to any residentially zoned area.
2. Shall be located no closer than 1,000 feet to any business establishment
licensed to sell liquor by the drink or by package.
3. Shall be located no closer than 1,000 feet to any public gathering facility,
school , playground, or park.
1 -i~ Prir· ·· .r ::<,~cycle d J'.lp er.1 ~..-0 ·
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Definition: Temporary Employment Services -Any person, firm, partnership, association
or corporation that maintains a central location where day laborers assemble and are
dispatched to work for a third party user.
RECOMMENDED ACTION:
Staff recommends that City Council set June 2, 1997 as the date for a Public Hearing to consider
the proposed temporary employment services amendment to the Comprehensive Zoning
Ordinance as recommended by the City Planning and Zoning Commission.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
At City Council request, staff initiated a study of the South Broadway corridor in May, 1996 .
The concepts, issues and strategies of the South Broadway Action Plan were approved by
Englewood Planning and Zoning Commission on February 19, 1997 and by City Council on
April 21, 1997. As part of the initial implementation steps of the South Broadway Action Plan,
staff has brought forward a proposed Zoning Ordinance amendment providing four alternatives
for the regulation of temporary employment services. These alternatives were:
1. Prohibit temporary employment services in the B-1, B-2, I-1, and 1-2 zone districts.
2. Prohibit temporary employment services in the B-1 and B-2 zone districts
Permit temporary employment services in the I-1 and I-2 zone districts.
3. Prohibit temporary employment services in the B-1 zone district.
Permit temporary employment services in the B-2, I-1, and I-2 zone districts.
4. Prohibit temporary employment services in the B-1 zone district.
Permit temporary employment services as a Conditional Use in the B-2 zone district.
Permit temporary employment services in the I-1 and I-2 zone districts.
The Planning Commission's deliberation centered on two major issues identified during the
course of the public testimony; 1) the impacts of temporary employment services on adjacent
residential areas, and 2) the compatibility of temporary employment services with the
commercial and retail uses in the B-1 and B-2 zone districts. The Commission 's conclusions
were that temporary employment services have a high potential to generate negative impacts on
adjacent residential uses that are difficult to mitigate . Likewise they concluded that, in general,
temporary employment services are not compatible with the predominate commercial and retail
uses in the City's business zone districts. The course of action prescribed was to prohibit
temporary employment services in the business districts and permit them in the industrial zone
districts with certain restrictions. The Commission recognized that because of the proximity of
industrial zone districts to residential zone districts and the sensitivity of residential zone districts
to the impacts associated with temporary employment services, Conditional Use review coupled
with specific distancing requirements was necessary to preserve the general public health, safety
and welfare.
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The staff has interpreted the recommendation of the Planning Commission as not providing a
"grandfather" clause for existing temporary employment services. As such, temporary
employment services permitted under the proposed amendment would be required to submit to
the Conditional Use process.
FINANCIAL IMPACT:
The financial cost to the City of adopting the Planning Commission 's recommendation is
difficult to determine due to the potential for takings litigation. The direct loss of revenue is
limited to the temporary employment services license fees.
LIST OF ATTACHMENTS:
Case Number OR 97-01 Staff Report
Case Number OR 97-01 Findings of Fact
Bill for Ordinance
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F:\DEPT\NBD\GROUP\BOARDS\PLANCOMM\COUNCIL COMM\OR 97-01 CC .DOC
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #OR-97-01 )
ffil>INGS OF FACT, CONCLUSIONS )
AJ.~1> RECOM1\1ENDATIONS RELATING )
TO A PROPOSED AMENDMENT TO THE )
COMPREHENSIVE ZONING ORDINANCE )
REGARDING TEMPORARY El\IIPLOYMENT )
CE~TIRS )
Il'HTIA TED BY:
THE DEPARTMENT OF
NEIGHBORHOOD Ai~
BUSINESS DEVELOPl\tIENT
)
)
)
)
)
)
FINDINGS OF FACT AND
CONCL{;SIONS OF THE
CITY PLAi~G AND
ZONING COMMISSION
This matter was opened for Public Hearing before the City Planning and Zoning Commission
on January 21 , 1997, in the City Council Chambers of the Englewood City Hall. No testi-
mo ny was taken on that date , and the Public Hearing was continued to February 19 , 1997 .
The Public Hearing was re-opened on that date ; no testimony was recei ved , and at the request
of staff the Public Hearing was continued to March 18 , 1997. The Public Hearing was re-
ope ned on March 18, 1997 and testimony was received. The Commission continued the Public
Hearing to April 8, 1997.
J anuarv 21. 1997:
Commission Members Present:
Commission Members Absent:
Februarv 19. 1997:
Commission Members Present:
Commission Members Absent:
Mar ch 18. 1997:
Commission Members Present:
Commission Members Absent:
Aoril 8. 1997 :
Commission Members Present:
Commission Members Absent :
Douglas , Dummer , Garrett , Redpath , Tobin , Weber ,
Welker , Mason
Horner
Cottle , Horner , Mason , Tobin , Weber , Welker , Douglas
Dummer, Garrett
Cottle , Garrett , Horner, Tobin , Weber , Douglas
Welker, Dummer , Mason
Mason. Tobin , Weber, Welker , Corrie , Dummer , Garrett,
Douglas, Horner
None
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Testimony was received from staff and from members of the audience. The Commission re -
ceived notice of Public Hearing, the Staff Report, Comprehensive Zoning Ordinance , and ex-
hibits presented during the course of the Hearing, all of which were incorporated into and
made a part of the record of the Public Hearing.
After considering the statements of wimesses, and reviewing pertinent documents, members of
the City Planning and Zoning Commission made the following Findings and Conclusions.
FTIVDINGS OF FACT
1. THAT this issue was brought before the Planning and Zoning Commission by the De-
parnnent of Neighborhood and Business Development as one step to implement the
South Broadway Action Plan.
2. THAT Notice of Public Hearing was published in the Emr!ewood Herald on January 9,
1997.
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4.
THAT on March 18, 1997 , Planning Coordinator Stitt presented testimony pertaining
to the history and purpose of the proposed amendment to address temporary employ -
ment centers. Mr . Stitt offered testimony that the Comprehensive Zoning Ordinance is
a "permissive" ordinance, and uses that are not cited as specifically permitted are con-
sidered to be prohibited. Funher testimony elicited the fact that "temporary employ-
ment services" is not cited as a permitted use in any zone district in the Comprehensive
Zoning Ordinance; therefore, this use can be considered to be prohibited . Mr . Stin
testified to staff analysis of the issu e , meetings with representatives of the temporary
employment service business, and with members of the north Englewood neighbor-
hood. Mr. Stitt offered further testimony regarding four alternatives the Planning
Commission could consider and recommend to City Council to address the issue of
temporary employment centers . Mr. Stitt testified that staff recommends Alternative
#4, which will allow temporary employment centers in the B-2 Zone District as a Con-
ditional Use, and allow such uses in the I-1 and I-2 zone districts as permined uses.
Mr. Stin's testimony also cited requirements that would apply to all temporary em-
ployment cente::-s approved as Conditional Uses. At the meeting of April 8, 1997, Mr .
Stin 's testimony was in response to questions posed on March 18th regarding re venue
generation; comparative analysis of treatment of temporary employment centers by
Denver , Littleton. and Englewood ; how businesses are allowed to open without zoning
re view; clarification and justification of proposed distance restrictions; clarification of
labor categories; and standards for evaluation of performance by a temporary employ-
ment center.
THAT on March 18th, testimony was received from Sandy Ostema , Jessie Alsop , Ca rol
Tomasso, Gerry Venard, Ron Gold , Reverend Clyde Miller , Linda Whinen, Kare ss a
Lavery , Judy Dunlop, Ann Nabholz, and John Looze regarding problems the residential
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neighborhood has experienced with transients, littering, public inebriation, unsanitary
behavior, panhandling and verbal abuse, which they attribute to day laborers who re-
port to temporary employment centers. All those testifying supported Alternative #1.
5. THAT on March 18th, testimony was received from Carlene Walker, owner of Stand-by
Personnel, a temporary employment center. Ms. Walker testified it is her opinion the
proposed amendment, adopting Alternative #4 and establishing criteria for Conditional
Use approval, is a fair compromise -fair to residents and to the business people. Ms.
Walker responded to questions posed by members of the Commission regarding Stand-
by Personnel, noting that four restroom facilities are provided -two for women and
two for men; that there are eight staff on the premises of Stand-by Personnel, and this
office provides service to approximately 100 laborers daily . Ms. Walker also gave tes-
timony regarding behavior of the laborers she places, stating she will not send anyone
that is inebriated or has alcohol on their breath out to a job . Ms . Walker also testified
that this business is open from 5:00 a.m. to 10 p.m. daily; the majority of the laborers
have been transported to their assigned job sites by 9:00 a .m.; that she does not issue
temporary social security numbers; and has no control over laborers once they are "off
the clock".
6. THAT on April gm, testimony was received from Crime Analyst Everhart of the De-
partment of Safety Services, regarding crime statistics in the subject area, and the City
as a whole.
7. THAT on April 8th, additional comments were received from John Looze , Judy Dun-
lop, Jackie Gennaro, Beverly Baker, Ann Nabholz, and Carol Tomasso regarding the
on-going problems with temporary employment centers and residents ' concerns re-
garding the proposed ordinance amendment as too weak.
CONCLUSIONS
1. THAT notification of the Public Hearing was properly given in the En12:lewood Herald.
2 . THAT temporary employment centers are not compatible with and adversely impact
other permitted uses in the B-2 Zone District, a commercial/retail zone district.
3. THA. T temporary employment centers are not compatible with , and adversely impact,
reside!ltial neighborhoods when located in close proximity .
4 . THAT temporary employment ce!lters should be allowed as a Conditional Use in the
industrial zone districts , with distance restrictions imposed.
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DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that temporary
employment centers shall be a prohibited use in the B-1 and B-2 Zone Districts, and shall be
allowed as a Conditional Use in the 1-1 and 1-2 Zone Districts, provided distance restrictions
are met between temporary employment centers and residential zone districts, establishments
selling liquor either by the drink or by package, and public facilities, schools, playgrounds ,
and parks.
The decision was reached upon a vote on a motion made at the meeting of the City Planning
and Zoning Commission on April 8, 1997, by Mr. Horner, seconded by Mr. Welker, which
motion states:
Horner moved:
Welker seconded: The Planning Commission recommend that the Comprehensive Zoning
Ordinance be amended as follows:
A. Temporary Employment Centers shall be prohibited in the B-1
and B-2 Zone Districts.
B. Temporary Employment Centers shall be allowed as a Condi-
tional Use in the I-I and I-2 Zone Districts, provided they comply
with the following restrictions:
I . Shall be located no closer than I, 000 feet to arry residen-
tially zoned area.
2. Shall be located no closer than I , 000 feet to arry business
establishment licensed to sell liquor by the drink or by
package .
3. Shall be located no closer than I, 000 feet to any public
gathering faciliry, school, playground, or park.
AYES:
NAYS:
Horner, Mason, Tobin, Weber, Welker, Cottle, Dummer, Garrett, Douglas
None
ABSTAIN: None
ABSENT: None
The motion carried.
These Findings and Conclusions are effective as of the meeting on April 8, 1997 .
BY ORDER OF THE CITY PLA.t~G & Z0~1NG CO:Ml\1ISSION
e Bill Douglas, Jr., Chairman
lnbd\grouplboards\plllllcommlfindin!!S ~7\fof or·97~ I .doc
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NIEUOll.-\\DL1 1f
To: Planning and Zoning Commission
Thru: Robert Simpson, Director of Neighborhood and Business Development
From: Harold J. Stitt, Planning Community Coordinator
Date: April 1, 1997
P.C. Date April 8, 1997
Subject: Comprehensive Zoning Ordinance Amendment Case# OR 97-01
Establishing Standards and Regulations for Temporary Employment
Services
The following information is provided in response to the requests made by the Planning
Commission during the March 18 , 1997 Public Hearing on the proposed regulation of temporary
employment services.
Q: A comparison of Police calls on all temporary employ ment service facilities.
A: This information will be presented by representatives of the Department of Safety
Services at the meeting on April 8, 1997.
Q: A comparison of Police calls in this neighborhood before Stand-by opened for business, and
after Stand-by op ened for business.
A: This information will be presented by representatives of the Department of Safety
Services at the meeting on April 8, 1997.
Q: What revenues ar e realize d from temporary employ ment centers.
A: License Fee -$100.00 Initial Application Fee
$50.00 Annual Renewal Fee
$25.00 License Amendment Fee
Property Tax -7.663 mills/dollar of assessed value . (A business with an assessed
property value of $200 ,000 would generate $1 ,532.60 in property tax for the City .)
Use Ta'< on purchase of commodities used by business . (This tax is ty pically not
collected.)
Q: A comparative analy sis of regulations in Littleton , Denver, and Englewood on temporary
employment s ervi ces.
A: The Ci ty of Littleton allows "unskilled labor halls " as a permitted use in their
industrial zone districts , subject to a 1,000 foot distance requirement between any
two such uses . Unskilled labor hall is defined as any real property , or structure
Case# OR 97-01 page 2
Temporary Employment Services
thereon, which are used, for the registration of or congregation of unskilled laborers,
and which laborers remain on or about the premises for the purposes of obtaining or
being transported to a job or job site. Unskilled labor is defined as non-clerical
laborers who, in general, are hired to do physical labor which does not require
advanced educational prerequisites.
The City of Denver does not specifically list temporary employment services but
considers them similar to an office use which is permitted in the business and
industrial zone districts. A use permit is required which triggers an administrative
review to determine zoning compliance. (Denver has experienced similar
neighborhood impacts associated with temporary employment services and has
utilized strict enforcement of their Nuisance Ordinance to eliminate or mitigate these
impact.)
Q: What are the ramifications of enforcing the Comprehensive Zoning Ordinance as currently
written.
A: This will be discussed by the City Attorney at the meeting on April 8, 1997 .
Q: How and why is a prohibited use licensed to open.
A: There were no business or use licensing requirements at the time these uses began
operating in Englewood and thus no zoning review was carried out.
Q: Clarification/justification on no distance provisions between temporary employment services
in B-2 and the residential districts as compared to the industrial districts.
A: Adding distance requirements from residential area would effectively bar temporary
employment services from locating in the B-2 zone district. It is contradictory to , on
the one hand, permit a use , and on the other hand , place restrictions on that use that it
becomes essentially prohibited. If it is determined that the goal of the community is
to prohibit these uses in certain zone districts, then the district regulations should be
amended to specify this prohibition of use .
Q: Clarification of differences in labor categories, and what types of services are provided by
these temporary employment centers.
A: As provided by this ordinance, temporary employment services is defined as any
person, firm , partnership , association or corporation that maintains a central location
where day laborers assemble and are dispatched to work for a third party user. The
proposed regulations would apply to any establishment where laborers assemble and
are dispatched rather than to a specific class of laborers. A copy of the Temporary
Employment Services licensing requirements is attached to this memorandum.
Q: Clarification on the conditions the Commission will use to evaluate the performance of day
labor halls : police calls, neighborhood problems, what criteria will be used.
A: A copy of the Conditional Use regulations , Section 16-5-21 of the Comprehensive
Zoning Ordinance is attached to this memorandum.
To:
Thru:
From:
Date:
Subject:
REQUEST:
ll E U 0 ll 1 \ IJ r 11
Planning and Zoning Commission
Robert Simpson, Director of Neighborhood and Business Development
Harold J. Stitt, Planning Community Coordinator
March 14, 1997
Comprehensive Zoning Ordinance Amendment Case# OR 97-01
Establishing Standards and Regulations for Temporary Employment
Services
Staff requests that Planning and Zoning Commission approve the proposed amendments to the
Englewood Comprehensive Zoning Ordinance which regulate temporary employment services in
B-2, I-1 and I-2 zone districts. These amendments are implementation steps of the South
Broadway Action Plan.
RECOMMENDATION:
Staff recommends that the Planning Commission approve the proposed temporary
employment services amendments which prohibit temporary employment services in B-1
zone district, permit temporary employment services as a Conditional Use in B-2 zone
districts and permit temporary employment services in I-1 and I-2 zone districts subject to
distancing conditions.
BACKGROUND:
In early 1996, the City Council heard from residents who expressed concern about the general
condition and perceived decline of the South Broadway business corridor. Of particular concern
to the residents were the impacts associated with the combination of temporary employment
services, pawn brokers, retail liquor stores, and bars locating in close proximity to one another
and bordering on their neighborhoods. City Council's response to these concerns was to direct
the Department of Neighborhood and Business Development to study these neighborhood issues,
as well as business related issues, in the broader context of the entire South Broadway corridor
and to suggest appropriate strategies to address the concerns.
During 1996, NBD staff facilitated a series of community meetings to gain the residential and
business perspectives on the important issues within the South Broadway corridor. In addition ,
the staff conducted a physical inventory , market analysis , and a land use analysis of the South
Broadway corridor as an adjunct to the community meetings. When taken together, this research
'.' ... -
Case # OR 97-01 page 2
Temporarv Employment Services
served as a basis for the South Broadway Action Plan and the subsequent Zoning Ordinance
amendments proposed to implement the Plan.
The staff analysis of the South Broadway background research confirmed that a common set of
the concerns were generally shared by all residents living adjacent to South Broadway.
Generally, these concerns were a high number of transients in the area, public drug and liquor
use and unsanitary health practices. The analysis also found that concerns expressed by the
Bishop School neighborhood about the negative impacts associated with temporary employment
services were commonly felt throughout the corridor as well. These impacts were related to the a
hi gh number of transients in the area, public drug and liquor use and unsanitary health practices ,
and were linked, in part, to the presence of a combination of businesses that individually, it was
felt , would not generate these impacts to the same degree as when in close proximity to one
another. Also, the residents stated that since most temporary employment services opened for
business earlier in the morning than most other businesses, the noise and congestion of
significant numbers of employees congregating in front of these businesses was also a legitim ate
concern. The residents concluded that taken together, these impacts were threatening to their
personal safety and to the quality of life of the neighborhoods.
ANALYSIS:
Temporary employment services is defined as any person, firm, partnership , associat10n or
corporation that maintains a central location where day laborers assemble and are dispatched to
work for a third party user.
The staff analysis of the regulation of temporary employment services began with a review of the
current regulations of the B-1 , B-2, I-1, and I-2 zone districts to determine the standing of thi s
use. To begin with, the Comprehensive Zoning Ordinance is a permissive ordinance. Thi s
means that a use is permitted only if it is specifically listed in the regulations as a permitted
principal use. Temporary employment services are not specified as a permitted use in any of the
zone districts and thus must be presumed to be a prohibited use. Likewise there is no record of
any legislative or administrative determination having been made that temporary employment
services are permitted in these zone districts.
With this as background, the staff then reviewed a number of alternatives relative to the land use
regulation of temporary employment services. These alternatives range from maintaining their
current prohibited status in B-1 , B-2, I-1, and I-2 zone districts to permitting them in those
districts . The goal of the Department is to propose regulations that balance the needs of the
business and residential interests in the community and that are consistent with the South
Broadway Action Plan.
Having established that there are impacts associated with temporary employment services and
recognizing that a demand for this type of use or service exists in the community , the followin g
alternatives were selected for further analysis as the most appropriate given the identified need s
of the community. They are:
1. Prohibited use in the B-1 , B-2 , I-1 , and 1-2 zone district.
Case# OR 97-01
Temporary Employment Services
2. Prohibited use in the B-1 and B-2 zone districts
Permitted use in the I-1 and I-2 zone districts.
3. Prohibited use in the B-1 zone district.
Permitted use in the B-2, I-1, and I-2 zone districts.
4. Prohibited use in the B-1 zone district.
Conditional use in the B-2 zone district.
Permitted use in the I-1 and I-2 zone districts.
' ~· , ..
page 3
The first alternative, while consistent with this use's current prohibited status is not consistent
with the preferred strategies of the South Broadway Action Plan which states that removing a
business from a zone along South Broadway would not be a preferred strategy if the business 's
adverse impacts could be effectively addressed through a permit or license review process. The
second alternative maintains the use's current status in the B-1 and B-2 zone district while
permitting it in the, I-1, and I-2 zone districts. Like the first alternative , this alternative maintains
the use's current prohibited status in the B-1 and B-2 but is not consistent with the South
Broadway Action Plan's preferred strategy . The third alternative maintains the use's current
prohibited status in the B-1 zone district while permitting it in the B-2, I-1, and I-2 zone districts.
However, this approach fails to address the identified impacts associated with temporary
employment services . The fourth alternative is consistent with the preferred strategy of the
South Broadway Action Plan and meets the goal of the Department in terms of balancing the
needs of business and residential interests of the community.
The preferred Alternative #4 would add the following provisions to the Comprehensive Zoning
Ordinance:
16-4-12: B-2 Business District
E. Conditional Uses.
5. Temporary employment services shall comply with the following conditions:
a. The business shall be licensed by the City.
b. The business shall be located no closer than 1,000 feet to another temporary
employment service business .
c. The business shall be located no closer than 1,000 feet to a business
establishment licensed to sell liquor by the drink or by package.
d. The hours of operation shall be limited to 5:00 a.m. to 7:00 p .m.
e. The business shall comply with the Landscaping Ordinance , Section 16-4-18,
of this Title.
f. The Planning Commission shall annually certify that the use is in compliance
with all approved conditions. In the event the use is determined to be in violation
of the conditions , the Conditional Use shall be revoked.
16-4-13 : I-1 Light Industrial District
C. Permitted Principal Uses.
16. Temporary employment services
a. The business shall be licensed by the City .
•
Case# OR 97-01 page 4
Temporary Emplovment Services
b. The business shall be located no closer than 1,000 feet to any residentially
zoned area.
c. The business shall be located no closer than 1,000 feet to a business
establishment licensed to sell liquor by the drink or by package.
d. The business shall comply with the Landscaping Ordinance, Section 16-4-18,
of this Title.
The proposed ordinance proposes to "grandfather" all existing temporary employment services
with respect to the distancing requirements but will subject them to compliance with all of the
other conditions. The distance will be measured by following a straight line from the nearest
point of a property line of the temporary employment service to nearest point of the property line
of the specified use or zone district.
The following table identifies the existing temporary employment services:
Company Name Address
Stand-By Inc. of Denver 2901 South Broadway
Allied Forces Temporary 3974 South Broadway
Services
Labor Finders of Colorado Inc. 5 West Radcliff A venue
Peakload Inc. of America 2756 South Broadway
Personnel Services Systems 2911 South Broadway
Labor Ready 3600 South Galapago Street
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