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HomeMy WebLinkAbout1976-11-16 PZC MINUTESCITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION November 16, 1976 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00 P.M. by Vice-Chairman Ed Smith. Members present: Jorgenson, Wade, Williams, Jones, Parker Pierson, D. Smith, Ed Smith · Wanush, Ex-officio Members absent: Tanguma Also present: Assistant Director Romans; Planning Associate House; Assistant City Attorney DeWitt II. APPROVAL OF MINUTES. Vice-Chairman Ed Smith stated that Minutes of November 9, 1976, were to be considered for approval. Williams moved: Parker seconded: The Minutes of November 9, 1976, be approved as written. AYES: Wade, Williams, Jones, Jorgenson, Parker, Don Smith, Ed Smith NAYS: None ABSTAIN: Pierson ABSENT: Tanguma The motion carried. III. AUTO WRECKING YARDS Revision of Ordinance Vice-Chairman Smith asked for the staff presentation. Mr. Wanush stated this process was started several months ago following meetings between the Commission and the auto wrecking yard owners who were interested in improvement of their business. The City of Englewood does not now permit auto wrecking yards in any of the Zone Districts; those that are in existance are non-conforming. Non-conforming Uses are not permitted to expand or extend the use except to provide additional off-street parking. The auto wrecking yard owners wanted per- mission to improve their businesses by constructing garages where they could dismantle cars, store parts, and sell these parts, or office buildings. Rather than making the auto wrecking yards permitted uses in any zone district, the staff has drafted an ordinance which would, upon application, make auto wrecking yards a Conditional Use in one or both of the industrial districts. The staff has also drafted a proposed -2- amendment to the Comprehensive Zoning Ordinance, which sets forth specific criteria under which a Conditional Use may be granted. This proposed amendment would apply to all Conditional Uses, such as day care centers, etc. Mr. Wanush stated that while the draft amendment to the Auto Wrecking Yard Ordinance does not set forth in which zone district the auto wrecking yards would be permitted as Conditional Uses, the staff would suggest that the I-2 Zone District be so designated. Mr. Wanush stated that the staff suggests that the Auto Wrecking Yard Ordinance be made a part of the Comprehensive Zoning Ordinance, also. This would keep all Ordinances pertaining to auto wrecking yards in one general Ordinance and alleviate considerable cross-referencing. Mr. Parker asked if these proposals would affect all Non- conforming Uses? Mr. Wanush stated that if the Conditional Use criteria were approved, it would apply to all Conditional Uses approved by the Commission. Mrs. Romans stated that at the meeting in August with the auto wrecking yard owners, it was pointed out that several of these businessmen would like to improve their operation, but have been unable to do so as a Non-conforming Use. Mrs. Romans outlined the area on a map where the auto wrecking yards are concentrated, noting that the boundary between the I-1, Light Industrial Zone District, and the I-2, Heavy Industrial Zone District, extends down South Raritan Street. Three of the auto wrecking yards are located west of South Raritan Street in the I-1 Zone District, the rest are to the east of South Raritan Street in the I-2 Zone District. Mrs. Romans stated that the staff has considered recommendirg that those auto wrecking yards in the I-2 Zone District be permitted to apply for Conditional Use status. Were this concept to be adopted, those three auto wrecking yards which are in the I-1 Zone District would con- tinue as Non-conforming Uses and would not be permitted to im- prove. Mrs. Romans pointed out that by making an auto wrecking yard a Conditional Use, there could be applications for new auto wrecking yards in any zone district that permits them as a Conditional Use --it would not apply to only those auto wrecking yards that are in existance now. Under the terms of the proposed amendments, before any of the existing auto wrecking yards could make improvements, they would have to apply for approval as a Conditional Use and it would have to be approved_by both the Planning Commission and the City Council. Mrs. Romans stated that the Commission has considered several requests for day care centers to be approved as Conditional Uses, but there have been no real guidelines to follow in this procedure. The proposed amendment to the Comprehensive Zoning Ordinance would provide these guidelines for any use which is listed as a Conditional Use in any zone district. Mrs. Romans stated that applications for a Conditional Use must be reviewed by the Planning Commission. The Planning Commission would be the final approving authority for Conditional Uses permitted in -.j- residential zone districts. In the business and industrial zone districts, the application would have to be approved by the Planning Commission and referred to City Council for their approval. If both bodies approve the Conditional Use applica- tion, the approval would then be signed by the Chairman of the Commission and by the Mayor prior to being recorded in Arapahoe County. The Planning Commission must hold a Public Hearing on the request for Conditional Use; the City Council may hold a Hearing on those matters which go before them at their discretion, but a Public Hearing is not required. Findings of Fact will be required of the Commission and the City Council and certain conditions must be found to exist prior to approval. The pro- posed amendment on Conditional Uses would be added ~o the Supplementary Regulations contained within the Comprehensive Zoning Ordinance. Mrs. Romans then reviewed proposed amendments to the Auto Wrecking-Junk Yard Ordinance. Mrs. Romans stated that the initial proposal is to eliminate the Junk Yard references throughout the Ordinance. There is only one junk yard in the City at this time, and it appears that it is being converted more to an auto wrecking yard. An auto wrecking yard must still have a permit, and a purchase register is required. It is suggested that the requirement of licensing be eliminated from this Ordinance and that the licensing provision be made part of Title IX of the '69 E.M.C. Mrs. Romans stated that existing auto wrecking yards would remain as Non-conforming Uses unless they applied for a building permit to make improvements; at that time the yard would have to be approved as a Conditional Use before a permit could be obtained. Mrs. Romans pointed out some of the changes in the proposed revision, such as providing that driveways could be 35 ft. in width rather than the present 20 ft. maximum. Mr. Parker stated that he feared if the auto wrecking yards were made Conditional Uses, and new yards could be approved on this basis, that there would be others wanting to start such a business in the industrial districts. He acknowledged that the auto wrecking yard owners in business now do need help to improve their business, but he questioned that the City really wanted more auto wrecking yards. Mr. Wanush stated that he felt the Commission should consider the question "why do you want to keep new auto wrecking yards out?" He noted that the proposed revision of the Auto Wrecking Yard Ordinance and of the proposed Conditional Use section are performance standards designed to assure there will be no adverse impact on the neighborhood. Discussion ensued. Don Smith noted that the proposal had not defined "expand" as had been previously discussed. He stated that if "expand" could be defined as permitting improvements but not expanding beyond the present physical boundaries, he felt this would permit the improvements without changing the status from a -4- Non-conform i ng Use to a Conditional Use. He felt if the staff could define the permit to expand as not going beyond the existing boundaries, the present ordinance would apply. Assistant City Attorney DeWitt stated that possibly the staff could oome up with a definition of "expand" that would control interior improvements but limit physical expansion of the site. Discussion ensued. Mr . Wanush stated that if the Co mmissio n feels that the auto wrecking yards should not be permitted in the City of Englewood, then existing yards should not be en- couraged to improve nor be given the opportunity to improve the business. Rather, restrictions that would tend to encourage these businessmen to move elsewhere should be enforced. Further discussion followed. Mr. Parker stated that he felt the monthly inspections could be interpreted as harassment. Mrs. Romans pointed out that these uses can be potential fire hazards and the inspections by the Fire Department and the Code Enforcement Division have considerable merit and are not intended to be harassment. Don Williams stated that he understood from the meeting with auto wrecking yard owners that they wanted permission to expand within their present boundaries --construction of garages and parts storage/sales areas. Don Smith stated that he had reservations about designating the auto wrecking yards as Conditional Uses; he felt that consideration should be given to allowing internal improvement and expansion, but have the yards remain as Non-conforming Uses. He stated that he would agree that the monthly inspections are necessary, but he could understand that the auto wrecking yard owners might regard them as harassment. Mr. Smith stated that he felt these businessmen should be given the right to con- struct a garage in which to dismantle cars, and an area to store the useable parts. Ed Smith noted that the Comprehensive Zoning Ordinance does not permit this type of operation within the City of Englewood; however, the City cannot force these businessmen out. The City i s obligated to let these businesses remain as long as they are of benefit to the people of Englewood. Mr. Smith stated that t hese uses would have to comply with given require- ments even as a Non-conforming Use. Mr. Williams suggested that possibly auto wrecking yard owners would be interested in receiving copies of the staff proposal to determine whether or not they were in favor of the proposals. Mrs. Pierson asked if there was a penalty clause? Mrs. Romans stated that the penalty clause is contained in the Comprehensive Zoning Ordinance, and would apply to all sections of that Ordinance. • • -5- Mr. Jones stated that he is very concerned about permitting the auto wrecking yards as Conditional Uses in the I-1, Light In- dustrial Zone District. He noted that there is considerable land that could be used for auto wrecking yards in that zone district, and he felt the auto wrecking yards would serve asa deterrent to businesses that might have a better tax base. Mr. Jones stated that he felt the Conditional Use status would en- courage more auto wrecking yards in this area. Don Smith suggested that a poll of the Commission be taken to determine their opinion of Conditional Use status ~s. Non- conforming Use status of the Auto Wrecking Yards. Mr. DeWitt pointed out that under the staff proposal, an auto wrecking yard would remain non-conforming until the owners applied for a permit to improve the property; at that time, the Commission would consider approval of the Conditional Use. Discussion ensued. Mrs. Wade reviewed her understanding of the discussion thus far; the auto wrecking yards are non- conforming and would remain non-conforming until they made application for improvement under the staff proposal. The auto wrecking yards would, following approval by the Planning Commission and City Council become Conditional Uses rather than Non-conforming Uses. Mrs. Wade stated that she felt this was "opening the door rather wide". Discussion ensued. The problems of making auto wrecking yards Conditional Uses over those experienced now when they are Non-conforming Uses were discussed at length. It was determined that the staff would make an attempt to define "expand" to allow the auto wrecking yard owners to improve their business, but not permit physical expansion of the site. The fact that other Non-conforming Uses would not be allowed the same privilege of "improving" was also discussed. Mrs. Romans stated that Non-conforming Uses are allowed to be brought up to code; however, they may not expand by adding another room or some similar improvement. Don Smith pointed out that the auto wrecking yard owners want permission to construct a garage where they may dismantle cars during the winter months; they also want some place where they can store parts in a safe, dry, clean condition for resale. This would enable the wrecking yard owners to dispose of the auto hulks, and give them more room for their operation. Mr. Jones agreed that the auto wrecking business has changed to a "used part recovery service." Further discussion ensued. Mrs. Romans stated that staff would be in favor of adopting the proposed performance standards for Conditional Uses whether or not they apply to auto wrecking yards. These performance standards, if recommended and ap~roved by the Commission and City Council, would be incorporated int> -6- the Comprehensive Zoning Ordinance, and would apply to all Conditional Uses. It was again stated that the staff will attempt to define "expand" to allow auto wrecking yards to improve within their physical boundaries as Non-conforming Uses. IV. DIRECTOR'S CHOICE Mr. Wanush discussed the proposed I-470. He noted that the City of Littleton is opposed to the Santa Fe routing for the interstate. He stated there will be a second meeting of the western Arapahoe County jurisdictions on November 18th, in the Englewood City Hall Community Room, and an attempt will be made to come to some agreement. Mr. Wanush stated that a meeting has been scheduled with Mr. Brasher on November 17th, to discuss the transfer alternatives. Mr. Wanush displayed a design of a proposed intersection at Santa Fe and U.S. 285 if the inter- state system was designated on Santa Fe. This intersection design was delivered to the office from SWACT. This proposed intersection calls for the split of U.S. 285 between Ithaca and Hampden Avenue into a one-way cuplet. A review of the previous meeting with the western Arapahoe County jurisdictions was given, as was a review of Mr. Wanush's meeting with the Littleton City Council. Discussion ensued. Mr. Jones asked if there was any real "hold" that the Englewood- Littleton area would have on funds once they were transferred or would it be at the discretion of the Highway Commission as to which projects were funded? Mr. Wanush stated that if the proposed transfer were recommended for a specific system, that system would be funded. The transfer of funds could also be recommended for no specific sy:;tem. Mr. Wanush noted there is no agreement now between the jurisdictions in western Arapahoe County on what the transfer would be used for. Discussion en- sued. The transfer of funds was discussed at length. The routing for the proposed Interstate was also discussed. Mr. Wanush stated that a "circumferential" route around the south metro area was designated for I-470, and that this circumferential route is the only interstate route the Federal Government is aware of. The funds in the Highway Trust Fund are for the con- struction of the interstate system; there would be no actual "transfer" of funds; rather, funding would have to be appropriated by the Federal Government to finance an alternative to the inter- state. Further discussion ensued. • • • -7- V. COMMISSION'S CHOICE Ed Smith asked when there would be further discussion on the Comprehensive Plan? Mrs. Romans stated that this would be scheduled for the next work session. The Commission needs to decide what procedure they want to follow on the revision of the Plan. The meeting adjourned at 8:45 P.M .