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HomeMy WebLinkAbout1992-08-18 PZC MINUTESCITY 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: Shoop, Tobin, Covens, Draper, Dummer, Gerlick, Glynn, Schultz Members absent: Leonard Also present: Planning Administrator Harold J. Stitt Assistant City Manager C. Reid II. APPROVAL OF MINUTES August 4, 1992 Chairman Schultz stated that the Minutes of August 4, 1992 were to be considered for approval. He asked if there were any corrections. Draper moved: Dummer seconded: The Minutes of August 4, 1992 be approved as written. Mr. Covens asked that Page 3, Paragraph 5, be amended in the next to last line to state that " ... value on properties abutting, adjoining, or adjacent SHOULD come into consideration ... ". 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 corrected. Ms . Leonard entered the meeting and took her place with members of the Commission during the above discussion. m. COMPREHENSIVE ZONING ORDINANCE § 16-4-13 1-1, Light Industrial District §16-4-14 I-2, General Industrial District § 16-8-1 Definitions CASE #3-92 Mr. Schultz asked for a motion to open the Public Hearing on the amendment of the Comprehensive Zoning Ordinance, §16-4-13, I-1 Light Industrial, §16-4-14, 1-1 General Industrial, and §16~8-l, Definitions. Tobin moved: Covens seconded: The Public Hearing on Case #3-92 be opened. AYES: NAYS: ABSENT: ABSTAIN: Covens, Draper, Dummer, Gerlick, Glynn, Leonard, Shoop, Tobin, Schultz None None None The motion carried. 1 Mr. Schultz set forth the parameters for conduct of the Hearing. All persons wishing to testify will be sworn in. Staff will make the presentation, followed by anyone else who wishes to testify. There will be an opportunity for questions. Mr. Reid, Assistant City Manager, was sworn in. Mr. Reid testified that the proposed amendments to the Comprehensive Zoning Ordinance pertain to the issue of recycled material 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 text of the ordinance. Mr. Reid testified that the proposed amendments will provide direction to the City to regulate the manufacturing of recycled goods, and will pertain to operations recycling anything from shingles, milk jugs, milk cartons, cans, etc. Mr. Schultz inquired whether staff has been in contact with other municipalities to determine what they are doing in regard to recycling operations. Mr. Reid stated that staff has contacted other cities in the State, and that Commerce City is the only other jurisdiction even considering recycling issues. Englewood is really on the "leading edge" regarding recycled material manufacturing, and no other location in Colorado has the type of ordinance we are considering in effect. Mr. Dummer 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 process of codification, the ordinance number and year of passage is noted in parenthesis after sections that are amended. Ms. Tobin addressed the issue of recycling "food waste", and stated that she has a problem with the inclusion of this provision because it can attract vermin. She recalled that this is one of the com- plaints regarding the shingle recycling operation on South Windermere; residents complained about an increase in rats and mice. Mr. Reid stated that food wastes can be compressed into log or pellet form, and can be used for burning or livestock feed. Mr. Reid suggested that the food wastes will be com- prised of residue that cannot be consumed by humans --such as corn cobs; also included would be agricultural residue from wheat, alfalfa, and possibly grass. Mr. Schultz recalled that when the applicants came before the Commission to discuss development of a brewery, they had indicated they did have a considerable amount of "spent grain" following the brewing process. Would the food wastes include this, and would it also include "animal by-prod- ucts". Mr. Stitt pointed out that the manufacture and processing of animal by-products is specifically pro- hibited in the I-1 Zone District. The issue of vermin and the processing of food wastes was further discussed. Mr. Reid stated that Tri- County Health would be called in if there was a rodent problem. Ms. Tobin pointed out that Health Departments do not have sufficient staff to get prompt inspections. Ms. Tobin reiterated her deep concern regarding the recycling of food wastes. Other provisions of the existing ordinance which might apply to the issue of food wastes were noted and discussed. Ms. Tobin asked if there were any regulations regarding the processing of food wastes in the United States; she wants to prevent problems from arising and is very concerned about this particular use. Mr. Schultz asked if members of the Commission wanted to eliminate this particular provision, or try to write standards to address food wastes. 2 j ... 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 discussed. Mr. Schultz questioned whether "food wastes" should be eliminated and 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 might want to consider permitting the processing of "food wastes" provided the entire recycling operation is conducted within an enclosed structure, but pro- hibiting such processing if the operation is not enclosed. Mr. Reid suggested that §16-4-13-J-1-d and §16-4-14-I-4 be amended to state: RECYCLING OPERATIONS, INCLUDING BUT NOT LIM- ITED TO THE PROCESSING OF BATTERIES, CONSTRUCTION WASTE, GLASS, METALS AND/OR ALLOYS, PAPER, PLASTICS AND TIRES, EXCLUDING FOOD WASTE, AUTOMO- BILE AND WRECKING YARDS, AND JUNK YARDS AS CITED IN SECTION J-1-a OF THIS ORDINANCE. 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 ORDINANCE. Mr. Shoop asked staff's opinion whether the proposed amendments would attract recycling busi- nesses, or whether they would rather locate where there are no regulations. Ms. Tobin pointed out that at least potential recycling businesses would know what the regulations 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 accessibility for transporting products via rail or highway. Mr. Schultz inquired about enforcement, and how problems pertaining to enforcement have been ad- dressed. Mr. Reid stated that the proposed amendment is only one component of the entire issue; staff is considering the issues of business licenses, ways to require prospective recyclers to check with the Planning Administrator on location and zoning regulations, etc. Areas in Englewood where a recycling operation might locate were considered. Ms. Tobin stated that staff has "really worked" on this proposal, and that it shows. Mr. Shoop inquired whether there were any time restrictions on stockpiling of materials -processed or unprocessed. Mr. Reid stated that there is no time restriction. The height of the stockpiled materi- als is restricted, 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 this provision was not included in the amendments proposed. Ms. Tobin asked if members of the Commission were in agreement with this omission. It was the consensus of the Commission to not require the bond. Clarification of "solid fence" was requested by Ms. Tobin. Mr. Stitt stated that the definition of solid fencing is standard throughout the Zoning Ordinance, and Mr. Reid referenced the amendments which state that "fences of woven plastic, wire or chain link shall be prohibited." Mr. Reid further clarified that recycling of "food wastes" will be allowed under the "Permitted Use" provisions in both the I-1 and I-2 Districts; this will require that the recycling operations will be con- ducted within an enclosed structure. However, "food wastes" recycling will be prohibited as a "Conditional Use" in both the I-1 and I-2, where the recycling operations are allowed to operate out- side a building. · 3 Shoop moved: Leonard seconded: The Public Hearing on Case #3-92 be closed. AYES: NAYS: ABSENT: ABSTAIN: Draper, Dummer, Gerlick, Glynn, Leonard, Shoop, Tobin, Covens, Schultz None None None The motion carried. Mr. Schultz asked the pleasure of the Commission. Covens moved: Tobin seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance, §16-4-13, I-1 Light Industrial Zone District, §16-4-14 I-2 General Industrial Zone District, and §lfr8-1 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 OF FACT B-3 Zone District Evans/ Adriatic Rezoning Case #4-92 Case #8-92 Chairman Schultz stated that the Findings of Fact on Cases #4-92 ~d #8-92 are to be considered for approval. Gerlick moved: Glynn seconded: The Findings of Fact on Case #4-92 and Case #8-92 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Gerlick, Glynn, Leonard, Shoop, Tobin, Covens, Draper, Dummer, Schultz None None None The motion carried. v. PUBLIC FORUM No "public" was present to address the Commission. VI. DIRECTOR'S CHQICE Mr. Stitt stated that City Council is scheduling meetings with the various Boards and Commissions, and the dates of November 2 and 16 have been suggested as possible dates to meet with the Planning Commission. The meeting would be at 6:00 P.M. in the Community Room, and there is no set agenda at this point in time. Discussion ensued. 4 i ' It was the consensus of the Commission that November 16 would be more convenient. Mr. Stitt also reminded Commission members that the next meeting of the Commission will be on September 1; the date has been changed to avoid a conflict in staffing and meeting rooms with the Board of Adjustment & Appeals as a result of the Labor Day Holiday. Mr. Reid updated members on activities at Treecycle on South Windermere, and Cinderella City. Ms. Tobin stated that she has received several inquiries regarding the status of the Phar-Mor Drug store 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 pharmacy. 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. VU. COMMISSIONER'S CHOICE Mr. Covens raised the issue of pawn shops, and whether there is on-going investigation and reporting regarding this type of business. Mr. Reid stated that several have opened recently in Englewood. The Police Department does investigate all pawn operations. Mr. Stitt pointed out there is an appli- cation process the pawn shops have to go through; they are required to keep a register of all items taken in, and the Police personnel must have access to this register. Mr. Stitt stated that a new type of pawn 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 parking areas that are eliminated must have the approval of the City. Mr. Covens and Mr. Stitt discussed the Tri-Cities group and the possibility of rapid transit along 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 terminus south along Santa Fe. Mr. Covens also discussed the undergrounding of utility lines along Santa Fe; however, if the eventual rapid transit 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 one of the first steps in development of the site. Mr. Stitt stated that staff will check into this and re- port back to the Commission at the next meeting. Mr. Stitt did point out that Mr. Cameron had peti- tioned to get the streets into a paving district. Mr. Schultz further inquired about the high tension lines crossing Mr. Cameron's property. Mr. Stitt stated that Public Service Company d0es have easements under the high tension lines, and that no structures may be placed in those easements. The meeting was declared adjourned. Gertrude G. Welty > ' Recording Secretary 5