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HomeMy WebLinkAbout1976-08-17 PZC MINUTES• I. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION August 17, 1976 CALL TO ORDER. The City Planning and Zoning Commission meeting was called to order by Chairman Tanguma at 7:05 p.m. Members present: E. Smith, Tanguma, Wade, Jones, Jorgenson, D. Smith Romans, Ex-officio Members absent: Williams, Parker, Pierson Also present: Assistant City Attorney DeWitt Associate Planner House Planning Intern Alice Fessenden II. APPROVAL OF MINUTES. Chairman Tanguma noted that Minutes of August 3, 1976, were to be considered for approval. Wade moved: Jones seconded: The Minutes of August 3, 1976, be approved as written. AYES: D. Smith, E. Smith, Tanguma, Wade, Jones, Jorgenson NAYS: None ABSENT: Williams, Parker, Pierson The motion carried. III. AUTO WRECKING/JUNK YARD ORDINANCE Mrs. Romans noted that she and Assistant City Attorney DeWitt had met following the Commission meeting of August 3rd to assess the discussion at that meeting with the auto wrecking yard owners. Mrs. Romans pointed out that from the comments made at that meeting, the auto wrecking yard owners and operators are businessmen operating a legitimate business, which business is different than it was 15 years ago when it was the City's intent to eliminate this type of operation. Mrs. Romans acknowledged that some of the auto wrecking yard owners have been prevented from cleaning up the yard and going into the whole sale/retail end of the business because of restrictions in the Auto Wrecking/Junk Yard Ordinance. Mrs. Romans stated that she felt the City must decide whether or not the auto wrecking yards should be made a Permitted Use or be kept as a Non-Conforming Use; whether they should be allowed to expand in area; and whether or not to allow the owners to construct improvements within the confines of the present operation. Mrs. Romans pointed out that the City did have an I-3 Ordinance which was designed to permit auto wrecking yards, but that was repealed following the Court decision on -2- the Santa Fe/Union Annexation attempt. Mrs. Romans noted there is not a great deal of vacant land in the northwest • Englewood area, but there is some. Most of the auto wrecking yards are presently located in the I-2 Heavy Industrial Zone District. If the auto wrecking yards were made a conforming use in the I-2 Zone District, some problems could still be created --there are one or two auto wrecking yards, for in- stance, that would be non-conforming in the I-1 Light Industrial District. Mrs. Romans reviewed the section of the Comprehensive Zoning Ordinance prohibiting the extension of any Non-Conforming Use, and noted that any amendment to this section to help the auto wrecking yard owners, would also affect other Non-Conforming Uses. Mrs. Romans stated that she would recommend defining an auto recycling operation, and work from that angle to help the operators whose business is concerned with recycling rather than storage. Perhaps a length of time could be stipulated for keeping an auto body on the premises, thus ensuring the principal business is the selling of the auto parts removed from the hulks. This is a different operation than where the car bodies are bought in, stacked and stored on the site for indefinite periods of time. Mrs. Romans stated that if this could be done, and if we could redefine those businesses that could comply with the proposed regulation, they perhaps could be removed from the non-conforming status. Mrs. Romans noted that the staff interpretation has been that a Non-Conforming Use could not expand except to provide off- street parking. Mrs. Romans noted if auto wrecking yards were permitted to construct a building on their site --which is at the present time termed an "extension" of the Non-Conforming Use --the same provision would have to apply to other Non- conforming Uses. Don Smith stated that he had been in the northwest Englewood area earlier this week; most of the auto wrecking yards do have an opportunity to expand if they were made a conforming Use; the land is available if they wanted to purchase it. Mr. Smith stated that he was reluctant to make the auto wrecking yards a Conforming Use; he then referred to §6-2-3 of the Auto Wrecking/Junk Yard Ordinance, and noted it seemed to him the Building Inspector could issue a permit to demolish or construct a building under that provision. Mr. DeWitt discussed the fact that the Commission was considering and would have to consider two pieces of legislation; the Comprehensive Zoning Ordinance and the Auto Wrecking/Junk Yard Ordinance. The Comprehensive Zoning Ordinance was passed subsequent to the Auto Wrecking Yard Ordinance. Subsequent legislation can and will repeal any conflicting provisions in previous ordinances. Mr. DeWitt noted that the Comprehensive Zoning Ordinance, Page 136, states that auto wrecking yards are a Non-Conforming Use, and that on Page 138 of the Compre- hensive Zoning Ordinance, it states that a Non-Conforming Use t9 shall not be extended except to provide off-street parking. The Courts have determined that "extend" means expansion or intensification of a use. • -3- Don Smith suggested that possibly the section in the Auto Wrecking Yard Ordinance could be rewritten to give permission to physically improve but not to geographically expand. Ed Smith suggested that it might be possible for an auto wrecking yard or junk yard to improve, and by that improvement to become more conforming; he questioned that this process could be stopped. This would not be an expansion of the operation, but a change in the operation. Most auto wrecking yards now strip the cars as soon as possible and move the useable parts into a retail outlet. Mrs. Wade noted that a lot of the change in the auto wrecking business has come about because of the crushing/shredding operations. Ed Smith noted that the yard owners could purchase land adjoining the auto wrecking yard, and develop that site with a retail - wholesale outlet for the parts stripped from the cars. Mr. DeWitt noted that this would be on a different piece of property, and does not quite answer the questions raised in the matter of constructing a building on the subject site. Mr. DeWitt asked if there were many problems on enforcement at the present time? Mrs. Romans pointed out that the yards are quite restricted under the Auto Wrecking Yard Ordinance, and there have not been many problems with enforcement. Don Smith stated that he had gone to one of the auto wrecking yards in the last few days, and that "it's a disaster area"; there were materials and parts from cars that are out in the weather and rusting. Don Smith stated that "we are crippling them by not allowing them to expand internally." The possibility of appeal to the Board of Adjustment for permission to construct a building was discussed. Mrs. Romans stated that she did not feel the Board of Adjustment would have jurisdiction on this under the terms of the present Ordinance. Don Smith suggested wording that would indicate the regulation against extension of a Non-Conforming Use does not preclude improvement on the site. Mr. DeWitt stated that if the physical area of the use was the same, then the consideration would be on intensification of the use. Discussion ensued. Don Smith questioned the possibility of a special definition in the Auto Wrecking Ordinance that might permit improvement of the auto wrecking yards? Mrs. Romans stated that she felt this would have to be taken care of in the Comprehensive Zoning Ordinance. Mr. Tanguma discussed the suggested amendment toallow all Non-Conforming Uses the right to expand within its own geographical area; he questioned if this was "bad"? Discussion ensued. Mr. Jones noted that the economic conditions have to be taken into consideration. He stated that one of the gentlemen at the meeting of August 3rd had mentioned the land was selling for $1.00 per square foot; this would mean $40,000+ for an acre -4- of land. Mr. Jones also recalled that another of the gentlemen had indicated he had sold one site he had used for auto wrecking ~ because of the land value, and had moved elsewhere to cheaper land. Mr. Jones noted that some of the auto salvage yards that were in existance in the '30's and '40's are not in opera- tion now because of the land values. Mr. Jones noted that the auto wrecking yard operators in northwest Englewood cannot afford to speculate on land and store the auto hulks; they have to keep the busi n ess moving as much as possible. Mr. Jones noted there wa s n o r eason that these auto wrecking yard operators could not purchase other land and start a retail business under a corporation name. Mr. Jones stated that it would be two different types of businesses --the storage of auto bodies vs. the stripping and selling of useable parts. Mr. Jones stated that he would n ot be in favor of recommending the auto wrecking yards be allowed to expand geographically, nor would he be in favor of a new zone classification. Further discussion ensued. Don Smith suggested that possibly we could define "extension" in relation to the confines of the current geographical boundary of the use. Mrs. Romans stated that a Non-Conforming Use is a use that was at one time a legal use; circumstances changed, and the City made them non-conforming through zoning, and placed new restrictions on these uses such as the matter of expansion, etc. The possibility of an auto wrecking yard owner constructing a sales office building on the front of his lot, thereby de- creasing the amount of space devoted to the Non-Conforming Use, was discussed. Mr. DeWitt cautioned that this could be getting into the matter of subdivision platting and/or asking for a subdivision waiver. Mr. Jorgenson stated that he understood one of the primary concerns expressed by the auto wrecking yard operators was the fact they have to dismantle the cars out-of-doors in the winter months. Don Sm ith agreed that this was part of their concern, but they do also want to store the parts and to sell those parts. Discussion ensued. Ed Smith stated th at he would be in favor of allowing the auto wrecking yard o wn ers the right to expand for building construction on their site. Mr. Tanguma suggested that the City should look at the possibility of allowing improvement of a Non-Conforming Use on the same property, but not allow any expansion onto an- other property. Don Smith excused himself from the meeting. Discussion ensued on the attitude of the Courts regarding Non- conforming Uses. Mr. DeWitt noted that the Ordinance specifically states that any change of a Non-Conforming Use must be to a use that is permitted in that particular zone district, and this ~ would normally mean the change of the entire property, not just a property frontage. -5- Mrs. Wade pointed out that these are established auto-wrecking yards, and any change or building within these yards would be up-grading the Non-Conforming Use. Mr. DeWitt noted that the ordinance states that the change must be 11 to a use allowed." Mr. DeWitt further discussed the division of property, which might require the filing of a subdivision plat or the approval of a subdivision waiver. Mr. Jones asked if these properties in northwest Englewood were platted properties? Mrs. Romans stated that some of the sites are platted, and it was determined, on reviewing the land use maps of the area, that only Atlas and Fair Auto Wrecking Yards were on unplatted property. Further discussion ensued. Mr. Tanguma asked the attorney's office to come up with a suggested amendment to the Ordinance that would give relief to the auto wrecking yard owners, but would not permit geographical expansion. Ed Smith suggested that perhaps in §6-2-3 of the Auto Wrecking Yard Ordinance, there could be a sub-section which would define the parameters within which the wrecking yard operators could build a commercial building on their property --spelling out specifically what they could do . Mr. Jones cautioned that the non-conforming status should not be changed --that the yards should remain non-conforming even though they might be permitted to construct a retail sales- office-garage structure. Mr. Jones suggested that there be an- other meeting on this matter after the staff has had an opportunity to work on the wording of the amendment. IV. MOBILE HOME PARK ORDINANCE. Mrs. Romans stated that she had discussed the provision on Page 31A (3) of the proposed Mobile Home Park Planned Develop- ment District with Mr. Brokate. Mr. Brokate now states that the Code Enforcement Division wants to inspect the mobile home unit before it is moved into the City of Englewood to make sure that it will fit on the lot it is proposed to occupy rather than solely to inspect the unit. This is an effort to assure that the mobile home, once it is situated on a lot, will meet the requirements --setbacks, etc. --of the Mobile Home Ordinance. Mrs. Romans asked if this would present problems that the Commission could forsee? She noted that this section would be reworded to reflect the intent of the Code Enforcement Division. Mrs. Romans then noted that at Don Smith's request, a copy of the proposed ordinance was sent to a Mr. Rick White, President of the Mobile Home Association; to this date, no reply has been received from Mr. White. It was determined that the staff would come up w~th an amended wording on this provision for the review of the Commission prior to set.ting a date for Public Hearing. V. DIRECTOR'S CHOICE. Mrs. Romans noted that tne meeting of September 8th, has been scheduled with the City Council, and members of the State Highway Department to discuss the I-470 Super Grid. A dinner meeting has been scheduled at 5:00 P.M. on that day for the Commission and staff. -6- VI. COMMISSION'S CHOICE There was nothing to be discussed under Commission's Choice. The meeting adjourned at 8:45 P.M.