HomeMy WebLinkAbout1974-05-07 PZC MINUTES•
•
•
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
MAY 7, 1974
I . CALL TO ORDER .
The Regular meeting of the City Planning and Zoning Commission
was called to order by Chairman Martin at 8 :06 P .M.
Members present : Ande rs on; Brown ; Jorgenson ; Lentsch ;
Martin; Tanguma ; Wade
Supinger, Ex-officio
Members absent : Smith ; Weist
Also present: Assistant Director Romans ; Assistant City
Attorney George Lee ; Planning Assista nt Ho use ;
Code Enforcement Inspector Bittner.
II , APPROVAL OF MINUTES .
Chairman Martin stated that Minutes of April 2 , 1974 ~ a n d
Ap ri l 16 , 1974 , were to be considered for appr oval •
Lentsch moved :
Tanguma seconded : The Pla nning Commission mi nutes of Ap ril 2 ,
1974 , and April 16 , 1974, be approved as
written .
AYES: Wade i Anderson ; Brown ; Jorgenson ; Lentsch ; Marti n ;
Tanguma
NAYS: None
ABSENT : Weist ; Smith
The motion carried .
III . MARGARET A . BUSSARD
Use Not Mentioned
2650-2676 W. Uni on
CASE #11-74
Mr . Martin asked Mr . Supinger for background informatio n o n
the request filed by Mrs . Margaret Bussa rd.
Mr. Supinger stated that the request involves p r ope rty o n the
south side of West Union Avenue west of the Platte Ri ve r. 'The
property is zoned I -1 , Light Industrial. Th e r equ es t is fo r
approval of temporary storage of cars be ing kept for dam age
appraisal . Mr . Su pinge r stated that the Comp re he nsive Zo ni ng
Ordin ance does permit 5 as a permitted use in the I -1 Zo ne
•
•
•
District, the parking and storage of "operable" motor vehicles .
Mr. Supinger stated that the Planning Commission may pe rmi t
the subject use if they find the u se is compatible with, a n d
n ot objectionable to nearby property by reason of odo r 1 d u t 1
f u mes , gas, noise, radiation, heat, glare or vibration 1 and
that i t ls not hazardous to the health and prope r ty of the
~urr ounding areas through danger of fire or explosiono
Mr s. Bussard introduced Mr. Dendorfe r, ow n er of the busines s 1
a n d stated that while they agreed with the stipulatio s sug-
gested by the staff as a condition to approval , they did h ave
some questions regarding those condition s.
Mr. Martin asked if the Commission had any question s o n the
matter? Mr. An derson asked how long the cars we r e sto red o
the property? He noted that this ope ration could easily
turn into a junk y ard. Mr. Dendorfer stated that most of the
vehicles have been app r aised and moved withi n a 30 day period.
Mr. Anderson stated that he wonde re d about the advisab ility
of est a blishi n g a time limit a vehicle cou ld be left i n the
lot. Mr. De n dorfer stated there would be no probl em with thi •
M:c . Marti n noted that the staff rep ort mentions complai n ts
f r om n eighbors about the appeara n ce of the mo t o r veh icles i n
the lo t , and que ~;tioned whether a 6 ft. opaqu e fff ce wo ul d
pre ve n t view of the vehicles. It was determi ned i n the n ui ng
discussion that the 6 ft . opaque fenci ng would e ff ectively
sc r een the yard where the vehicles are stored.
Mr. Ma rti n then asked of Mr. Lee if the r e was n o d e f initi o n
of an "operabl e vehicle" in a n y of the City o r di n a nces o r
codes? Mr . Lee stated that he k n ew of no o r di n a n ce o r code
whi c h contained a defi n ition of "operable motor v ehicle''.
Mr. Ma r ti n a~ked if Mr. Lee felt th is was a maLte r wh ich shoul d
be de fine d? Mr. Lee stated that if the Commission wanted to
make a re comme n dation to City Council that "ope r able moto r
vehicle" be defi n ed, it might be of help. Discussio n followed.
Mr. Lee pointed o t that there must be some ki n d of restriction s
or stipu lation s placed on use s s uch as the request u de r c o .. -
sideration to avoid allowing in I -1 Zo ne Dist rict what is
legitimately allowed in the I -3 Zo n e Dist r ic t. He s ug gested
tha t the Commissio n co n sider (1) the number of ca rs b r o u ght
in to the area ; (2) how ofte ; (3) how long it WO'.l ld remain;
a n d (4) how ma n y other vehicles would b e b r o u ght i rt o the area
while the i nitia l vehicle is still in the lot.
Mrs. Roma n s a sked whether or n ot Mr . De n dorfe r accepted totaled
vehicles, a n d whether o r n ot parts wo u ld be sold from .hese
-2 -
•
•
•
vehicles. Mr . Dendorfer stated that vehicles would n o t be to rn
down and parts sold at this site.
Mr. Tanguma asked about the complaints from the neighbors.
Mr. Bitt ner, Code E n fo r cement Inspector, stated that a Mr .
Canfield, ~h o stated that he represented several othe r p r ope r ty
owners in the a r ea, had complained to the office abo u t the
subject site. Mr. Canfield stated that he a n d his neighbors
felt it was becoming a junk yard.
Mr. De n do fer stated "this is not a junk yard", b u t a place
where cars can be appraised after a collision. Mr. De n do rfer
stated "no parts will ever be sold, and n o vehicle will eve r
be d is assembled at this site". Cars will not be stacked, a.ct
it is defi ni tel y not a junk yard operation.
Mr . Br ow n stated that if the Commission determi nes to app r ove
the reque st, he defi ni te ly wants to see conditions placed on
the approv a l.
Mr . Le n tsch a ke d "what would be the most cars you cou ld
store at one time?" Mr. De n dorfer stated 150 ; he has n e ar ly
100 veh ic les there at the p r esent time •
Mr. Marti n asked if the vehicles brought to this b u si ness
were "totaled" o r capable of being drive n ? Mr. Dendorfer
stated that about 40% -50% were able to be d riven o n the
streets. Discussi o n followed.
Mr. Marti n asked how lon g Mr . De n dorfer has bee n in bus ines s?
Mr. De n do r fer stated he has been in this type of b u si ne ss f o r
9 years, and has b e en at this location since Ap r il of this
year. Mr. Marti n asked how long it would take for a car that
has been totaled to be appraised and moved o ut of the lot
a gai n? Mr. Dendorfer s tat ed that some could be moved with in
a week, and some would take two weeks . The re mi ght be o ne o r
tw o tha t would be there longer, but he felt the 30 d ay period
c overe d the situation.
An de rs o n moved : The Pla n ning Commission approve the request
for a damage -appraisal use at 2650 an d 2676
West Union Avenue, subject t o the fo ll owi ng
co n dit i o n s:
1. The lot shall be enclosed o n its pe r imeter wi t h a sol.id
o r closed-face opaque vertical wall o r fence with a mi nimum
height of six (6) feet a n d a maximum height of tw elve (1 2 )
feet meas ured f r om ground level. Eve ry gate shall be of solid ,
op a que con stru ction and shall be the same height as the wall
or fence •
-3 -
t •' ·,
~•
•
•
2 . No advertising sign or poster othe r than that nee ded to
ide.tify the enclosed business shall be o n the wall or fe n ce
o r o n a y gates or entr ances to the lot.
3 , .~o sales of a ny o r a l l of the veh icles$ or a r1 y o r al 1 of
the parts of the vehicles shall be associated with the service
and ppraisal operation at the same location.
4 . o vehicle shall be disassembled (either p artially o r
wh olly) to be u sed as parts fo r a n other vehic le? a n d n o
vehicle shall be disassembled at this lo ca tion fo r pa r ts
.ither pa rtially or wholly) to be sold at another location .
Le·1t sch moved:
Ta 2 g u ma seconded : The motion be amended to s tate that v ehicles
may be held o n the lot a ·;aximu m of 90 d ays?
and that the maximum num be r of vehicles to
be o n the lot at any o ne time is n o t to
exceed 150 ,
Disc u ssion fo l.l ow ed " Mr . Dendo r fe r st ate d tha t the 90 da y
t1m~ limi tation wo ul d be no pr ob lem ; h oweve r, the 150 v hicle
restricti o n c o ul d cause problems, inasmuc h as there might b e
·ti.m e s .fol l o wing severe wi nt er storms whe n there would '~be a
rash of acci d ents and damaged vehi cles wa 1-li ng fo r app r!usal".
Mt ·. Den dorfer stated that he felt the lot c o u ld hold up to
225 ve~icles if the rear portio n o f the lot was improved.
F u~ he· disc ussi o n followed .
Mr . S u pinger sug g ested that possibly the Commissio n would
wa 11 t t o place a time limit on compliance with the suggested
cond .i tions o n the approval of the request.
Mrs. B \~sard asked if the op aque fen cing was to be provided o n
all four sides of the lot? Mr. Su p inger stated r hat i~ was .
Mr s. Bu ssard stated that "yo u are ask ing f o r va n dalism" with
the sc reen i ng. Di sc u ssion followed. Mr . Martin c o mme n ted
that he had dr iven by the site, a n d he felt "it is rathe r
u n s i g ht 1 y" " He s ta t e d th a t he di d n ' t fee 1 i t is co r d t. c iv e
to envir o nmental imp r ovement .
Mr. Ta n g u ma asked if th e I-3 District re q u i re d f ncing o n all
fo si des o f an aut o wre c king yard ? Mr. Su pi nger stated tha t.
the f eh cing provisions are found in th e Auto Wrecking-J n k Ya r d
Or di n a nc e, a n d that fe ncing is required o n all four sides of
a site. Mr . T anguma stated t hat Mrs. Bus sard 'a pro perty sno· ld
be fence d o n all four sides .
Mrs . Wade commente d that the uee o n Mrs. Bus sar d 's pr opert do es
"have the c o nnotation of a junk yard", and staled 'that people
-4 -
•
•
•
.1 a v e asked her what the site was being used for. She stated
that it is her feeling that the property should be scree n ed
o all sides.
Discus sion followed. Mr . Supinger suggested possibly a 30 day
limitation on meeting the fencing requirements, etc . Mr .
De n do rfer stated that he had checked on the fencing matter ?
a n d was told that it would be seven weeks before there would
be sufficient material in stock to make their fence opaqu e on
all sides , Mr , Martin asked if sufficient material wo u ld be
i n stock to complete the front of the y r d in the 30 days?
Mr . Dendorfer stated that he thought there would be o
Mr. Brown stated that he would like to see the amendment to
Mr. Anderson's motion defeated, and a limit of 30 days for a
car to be stored on the lot with a maximum of 175 cars at a ny
one time on the lot placed on the approval.
F rther discussion followed . Mr. Tanguma asked how it could
be deter mi n ed how long a specific car had been stored o the
l ot ? Mr. Supi nger stated that the Commission might wa n t to
s ggest that a "log" be kept registering the make, mod el , year ,
et c . of every vehicle , and the date they were brough t o n to the
lot F ur ther discussion followed .
Th e motions made by Mr. Anderson a n d Mr. Lentsch we re wi thdraw n .
An de son moved:
Le nt sch seconded : The Planning Commission approve the re q ue s t
for a damage-appraisal use at 2650 a d 2676
West Union Avenue, subject to the following conditions.
1. The lot shall be e n closed on its perimeter wi "i.:h a solid
or closed face opaque vertical wall or fence with a
mi n imum height of six (6) feet and a maximum heig ht of
twelve (12) feet measu re d from ground level. Eve ry gate
shall be of solid, opaqu e construction and shall b e the
same height as the wall or fence .
2 . No advertising sign o r poster other than that neede d to
identify the enclosed business shall b e on the wa ll o r
fe n ce or on a n y gates or entrances to the lot .
3. No sales of any or all of the vehicles , or a ny o r all of
the pa r ts of the vehicles shall be associated wi th the
service and appraisal operation at the same location.
4o No vehicle shall be disassembled (either partially o r
wholly) to be used as parts for another vehicle, and n o
-5-
•
•
•
5 .
6.
7 .
vehicle shall b e di sas sembled at this location fo r parts
(either partia lly o r wholly) to be sold at a n othe r loca -
t i o n .
No vehicle shall be st o red o n the premises lo ger than
90 d ays.
There shall b e n o mo re than 175 ca rs for damage -appraisal
o n t he premi ses at any o n e time,
The opaqu e f encing o n t h e perimeter of the site shall b e
c omp leted w · t h1 _ C days from this date of appY··oval.
AYES: Marti n; Ta n g u ma ; Wade ; Anderson; Br ow n ; J o rge n s o n ;
Le n tsch
NAY S : None
ABSENT: Sm ith; Weist
The mot i o n carriedo
I V . SANTA FE /UNION ANNEXA1I ON
Zo ning De~ig n ati o n
Mr . S u pi n ger stated that the Le w zoning regulations will be come
effective very soon, a n d the staff wants t o sche d le the Public
Heari ng as soo n as possible after that date.
Mr. Mar ti n stated that ina sm u ch as the City had created a n ew
zo ing distri ct to acc ommoda te the b usinesses i n the area such
as t he auto ~wrecking yards, those businesses sh ould be limited
to the I-3 Zo n6 Dis tri ct, and t he I-3 Zo ne District should be
res t ricte d t o those existing b usinesses.
It was dete r mi n ed that the area east of South Wi n de rmere a .d
South of West Tufts Ave nu e would be advertised as R -l ~C?
S in gle -family Reside nti al ; the propert ies pre s ently u sed fo r
the a uto-wrecki ng and sa n d a n d gravel ope rati o ns would be
adve rtised as I~3 ; the remainder of t he p r op er t y would be ad ~
vertise d as I~l, Light I n dustrial.
Mr. Lee asked what basis the Comm ission was using for Lhe
zone district boun daries --any na tural or artifici al b arriers?
Mr . S u pi nger stated that the zon ing would follow ow &e r ships a n d
prope rty lin es, plus the consideration of existing uses. Br e f
disc u ssion followed.
V. MOBILE HOME PARK -
TRAVEL TRAILER PARK ORDINANCE
Am e n dme n t of Comprehensive
Zoning Or d inance -§22 .4C
-6 -
CASE #12 -74
•
•
•
M .Supi ger stated that members had been sent the first draft
of the revised Mobile Ho me Park/Travel Trailer Park Pla nned
Deve lopme t District, which would be an ame n dment to the Com -
preh n slve Zo ning O r d ina n~e.
It was de t e rmine d that a study session would be held o n May
28th at 7 :30 P .M. fo r the purpose of revie wi n g the Mob ile Home
Park/Tr avel Traile~ Park Ordina nc e .
VI. DIRECTOR 'S CHOICE
Mr. Supinger stated .hat he had nothing to b ring before the
Commi ssi o n at this time.
VII. COMMISSION 'S CHOICE
Mr. Marti n stated that be atte n ded the City Council Mee t ing
o n May 6 , 1974 , for the discussion o n improvement of Big Dry
Creek. Mr . Ma rtin stated t at he was very frustrated~ i n that
all maps an d g ra phics were directed solely fo r the Coun cil
v i ewi ~g, and p ers o n s i n the audie nce i n terested in the matter
had n othi ng with wh ich to follow the di scussi o n.
Mr. Ma rtin stated that he felt a recomm n dation should be made
to C nc 1l that the dis play of graphics and maps be directed
to the audience also, so Lhat membe r s of the audienc e may
better fo ll ow the meetin g.
Mr. An d e son q ue s t io·.-e d t h a t the Commission should be making
s uc h a recomme n da 'ion to the Coun cil ; he stated if Mr. Ma rtin
wa n ted to make .he rec o mmendati o n as an individual he was
welcome to do so.
Mr . Ta n guma stated th at h e felt Mr. Marti n's suggestion had
great me r it , a · d hat .he Commj_ssion should also make sure
graphics are displayed so that Lhe audie n ce may view them and
bet ter follow the meet "Lgs .
M . Lentsch agreed tb at the Commis~io n a n d Council "should
make s ure people k n.ow what is goi ng o n".
Mr . Mar .. in comme .,.~te d ·ha "e veryo n e is nt itled to full
participation i n the me e tin gs''. Mr. An de r o n stated that
he f e,l t the audie n ce was i atte _da n ce to "hear" and n ot to
"pa rt icipate".
Mr. Brow stated t hat "'.here is n o reason that a citizen
ca ~n ot come to City Hall and get a copy of any information
th ey so desl.re". M.r. Brown noted that Mayor He nning tries
=7 -
••
•
•
to explai n ma tters under consideration by the City Council to
the citize s i the audien ce.
Mr . Le nt sch stated that he felt persons in
be able t o pa r ticipate if they so desi re d .
p o inted out that this is a "r ep re se nt a ive
democ racy ".
the audience should
Mr . An derson
republic a n d n ot a
Mr . Br ow n asked about the depth of the park along Floyd Avenu e
o n the n o rth side of the La r wi n property? He stated that he
has had seve r al citize n s ask if co n st ruction is not taking
place o n some of th e la n d that was ded ica ted for park pur poses.
Mr. Su pi n ger state d that the depth of the park along Floyd
Ave n e is 1 50 feet south of t he p ro pe rty line.
Mr . Supi n ge r stated that t he meeting on May 21st, will be with
the Wa r a n d Sewer Boa r d and the Parks & Recreation Board on
improvemen ts of Big Dry Creek .
Mr . Ta n guma asked wha t was bei n g b uilt at Windermere and Tufts ,
a n d ho w a p ermit wa issu ed i ~sm uc h as the r e is no zon i n g o n
that propert ·? Mr . Supi n ger sta te d t hat the permit was issued
after a appea l to the Boa r d of AdJ u stme n t and Appea~
The meeti n g adjour_e d at 9 :30 P .M •
-8 ~