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Home My WebLink About1978-02-27 (Special) Meeting Agenda• • - • 0 CITY COUNCIL MEETING February 27, 1978 SPECIAL • • • SPECIAL MEETIN G: • • • COUNCIL CHAMBER S CITY OF ENGLEWOOD, COLORAD O F e bruary 27, 1978 The City Council of t he City of Englewood , Ar apahoe County , Colorado, met in s p ecia l session o n Fe bruary 27, 1978 at 7 :30 p.m . Mayor Taylor, presiding, called t he meeti ng to order . The invocation was given by Councilman Donald Smith . The Pl e dge of Allegiance was l e d by Mayor Taylor . Mayor Taylor asked for roll call . Upo n a cal l of t he roll, the following were present: Counc i l Memb ers Willi a ms, We b e r, Smit h, Harpe r, Cl a yt on, Ma nn , Taylor. Absen t : None . The Mayor declare d a quorum pres e nt . Also pr ese nt were: City Ma n age r McCow n Assista nt City Manager Curne s Assista nt City Attorney DeWitt Di re ctor of Co mmunit y Develo p- me nt Wan ush Dep uty Cit y Cl erk Wa tkins * * * * * * COUNCILMAN MANN MO VED TO OP EN THE PUBLIC HEARING. Coun - cilman Clayton seco nded t he motion . Upo n a call of the roll , the vote resulte d a s fo llows: Ayes: Council Mem bers Willi am s, Weber, Smith, Harper, Cl a y ton, Ma nn, Taylor. Nays: None . The Mayor declared the motio n carried. * * * * * * I • • n - - r • February 27, 1978 Page 2 • • - City Manager McCown stated the purpose of the public hearing was to consider three separate ordinances up for final reading . The first ordin~~horizes the City 's Planning and Zoning Co mmission to~ conditional uses and establish procedures for various types of automobile and junk yard opera - tions. The second ordinance authorizes wr ecking and junk y a rds as a conditional use in the City's Zoning Ordin ance . The third ordinance adds automo bile and junk yards as a permitted use s ub - ject to certain r e strictions. City Man age r McCown asked the Director of Community Developm e nt Rich Wanush to pr esent he ordin a nces i n more de ai l, Director of Co mmu nity Developm e nt Wanush appeared be- fore Council a nd discussed the historical process that has evolved an d ,finally led to the Planning and Zo ning Commission recomm e nd ~~ passage of the above ordinances . Di rector Wanush ex plained in detail each ordinance and the Commission's g e neral philosophy behind them . At the request of Councilma n Clayton, Director Wanush point e d out what new a nd possible areas in t h e I-1 district could be es tablish e d a s junk yards . Director Wanush stated three areas abutt R-2 zones . * * * * * * Mayor Taylor op ne d the discussion to the visitors present . Mayor Taylor aske d if a nyone was in favor of the or- din a nc e s . Samuel Vard ema n, Vardema n an d Sons, 198 5 W. Bak e r, appeare d before Council and spoke in favor of the ordiances. At the reques t of Mr . Var dema n, Director Wanush ex plained the definition of conditional use . Mr . Vardeman stated the ordi- nances wo uld p ermit him to construct a building in which he co uld convenient ly work an d be protected from the weather . * * * * * * Cary Strauss, ABZ Trucking Salvage, 1922 W. Warren , appeared before Council and spoke in favor of the ordinances. Mr . Strauss stated the ordinances would permit him to construct buildings whereby he could better organize h is business . Mr . Strauss t h a nked the Council for their help and time in estab li s h- ing these regulations . * * * * * * David Stoner, Stoner Wr ecking Yards, 296 0 S. Shoshone , a ppe are d before Council and stated he was in favor of the ordi- n a nce b ecaus e it would permit the construction of buildings a nd • I • • • F e brua ry 2 7, 197 8 P a ge 3 • • • r emo d e ling of e xi s ting buildings s o th e y c o uld b e t te r compet e with oth e r bu sines se s. Cou ncil ma n C l a y t o n s t a t e d h e t h ought the ord i n a n ce s we re a s t e p i n t he right d i re ct i o n; h o we v e r , he s u g s e s t d tha t t h e ordin a n c e r e fer r i ng to t he I-1 d ist r i ct be a me nde d to p r o - t e ct t h e R-1 a nd R-2 n eishb oring d i s tri c t s. Da v i d Stone r, 2 9 60 S . Sho s h o ne , reap p ear e d b e f o r e Co u nci l an d stated h e thou g ht t he Pla nnin g a nd Zoni n g Co mmission wou l d use th e i r discre tion on th ese matters a s s e t ou t by t h e o rdin a n c e under the cond itional u s e s an d he was agains t a dding extra v e r - b age t h at c ould l a t e r be misco nt r u e d. Car y Straus s, 1922 W. Warre n Av e., r ea pp e ar e d b e for e Counci l an d inq uire d h o w t he ame ndme nt wo u l d a f f e ct h i s pro- p e rty. Ass istant City Attor n e y De Wit t a nd Dir e c t or of Com - mu n ity Dev e l opme nt Wa nus h po i nte d out tha t h is pr o p e rt y b ack e d up t o a n I-1 d i s t rict a nd not a r e siden tia l z oning district . * * * * * * Ma y o r T a yl o r a sk e d i f a ny o ne wo uld l i k e to s p eak agai nst t h e ord i nance s . No o ne r e pl ie d . * * * * * * I n a n swe r t o Cou n cilma n Cl a yt o n's qu es t i o n, Assis ta nt City Attorne y De Witt re pl ied t h at t he o rd inance r efe rring t o I-1 dist r ic t would h a ve t o be r e pu b li s h e d i n it s ame n de d form, bu t t h e Counci l wo uld n ot h a ve t o h o l d anoth e r pu b lic heari ng o n it . * * * * * * COUN CILMAN MA NN MOVE D TO CL OSE THE PUBLI C HEARIN G . Co un ci l ma n We b e r seconded t he motion. Up o n a c al l of t h e r o l l , t he vote r e sult e d a s f o l l ow s : Ay e s : Counci l Mem b e rs Willi am s, We b e r, S mit h , Harp r, Cl a y t on , Ma n n, Taylor . Na ys : Non e . Th e Ma y o r d e cla r e d th e mo tion c a rr ied . * * * * * * • I • • • February 27, 1978 Page 4 • • • INTRODUCE D AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO . 5, SERIES OF 1978 AN ORDINANCE REPEALING AND RE-ENACTING SECTIO N 22 . 5-21, ~~NTITU:D, "CONDITIONAL USE ", AND AMEN DING SECTION 22. 8, ENTITLED "DEFINI- TIONS", OF THE CITY COMPREHENSIVE ZONING ORDINANCE (OR D. 1/26 , SERIE S 1963, AS AMENDED ) BY AUTHORIZING THE CITY PLANNING AN D ZONIN G co~~ISSION TO APPROVE CONDITIONAL USES AND ESTABLISHING PROCEDURE S AND REQUIREMENTS THEREFOR . COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 5, SERIE S OF 1978 ON FINAL READING . Councilman Harper seconde d the motion. Mayor Taylor stated that since the meet ing was a n official public hearing an d a special cal l meeting , the Council has the prerogative of passing or postponing the ordinances until a regular Council meeti ng. Upon a cal l of the rol l, the vote result e d as follows: Ayes: Nays: Council Members Webe r, Smith, Harper , Clayton, Mann , Taylor . Coun cil M mber Williams . The Mayor declar e d the mot ion carried . * * * * * * INTRODUCE D AS A BILL BY COUNCILMA N SMI TH. BY AUTHORIT Y ORDINANCE NO . 6, SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 22 . 4-13, ENTITLE D "I-1 LIGHT INDUSTRIAL DISTRICT ', OF THE CITY COMPREHENSIVE ZONING ORDI- NANCE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTO- MOBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE . COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 6, SERIES OF 1978 ON FINAL READING . Councilman Harper seconded the motion. COUNCILMA N CLAYTON MOVED TO AMEN D ORDINANCE NO . 6, SERIES OF 1978 TO INCLUD E AFTER SECTION 22 .4-13 h. (1) (a) (1) THE FOLLOWING: (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS • I • • In ..... n • February 27, 1978 P ag e 5 • • - ORDINANCE OR AN Y EXISTIN G AUTOMOBILE WRECKING YARD OR JUNK YARD EXPANDE D UNDE R TH E PRO VISIONS OF THI S ORDINANCE, SH ALL BE SE T BACK NO LE SS TH AN 150 FEET FRO M THE BOUN DARY LINE OF AN Y RESIDENTIAL OR RESIDENTIA L-P ROFESSIONA L ZO NE DISTRICT. AND THE SUBSEQUENT CON DITIONS BE RENUMBERE D (3), (4), AND (5). Councilma n Harpe r seconde d the motio n. Upon a call of t he roll, the vote r sulted as follows: Ay e s: Nays: Council Mem b e rs We ber, Ha rp e r, Clayton, Taylor. Council Me mbers Will iams, Smith , Ma nn . The Mayo r declar e d the motion carried . Upon a call of the roll, the vote o n the origina l motion resulted a s follows: Ay e s: Na ys: Council Members Weber , Smith , Harpe r , Cl a yt o n, Taylor . Council Member Willi am s, Mann . The Mayo r d ec l a r e d the motion carried . * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH . BY AUTHORITY ORDINANCE NO . 7, SERI ES OF 1978 AN ORDINANCE AMENDING SECTIO N 22.4-14 b., ENTITL ED, 'P ERMITTE D PRINCIPAL •USES ' I-2 GENERAL INDUSTRIAL DISTRICT, OF THE CIT Y COMPREHENSI VE ZONING ORDINANCE (ORD. 826, SERIES 1963 AS AM END- ED ) BY ADDING AUTO MOBIL E WRECKING OR JUNK YARDS AS A PERMITTED PRINCIPAL USE , SUBJECT TO CERTAIN RESTRICTIO NS. COU NCILMAN SMITH MOVED TO PASS ORDINANC E NO. 7, SERIES OF 1978 ON FINA L READING. Co u nc ilma n Man n sec ond e d the moti on. Upon a ca ll of the roll, the vote resulted a s follows: Ayes: Counci l Mem b er s Smith, Harper , Cl a yton, Mann, Taylor. • I • • n • F ebruary 27, 197 8 P a ge 6 Nays: • • - Council Members Willi a ms, Weber . The Mayor declare d the motion carried . * * * * * * Mayo r Taylor adjourne d the meeting at 8:30 p.m . Deputy City C er • I • • • CITY COUNCIL MEETING February 2 7, 1978 ORDINANCE ii 1. J. . 8, 9, 10 • • • RESOLUTION ll 18, 19, 20, 21, 22, 23, • 0 I • • • • • • • /~r ~ ~ ~ KO LL CALL v 7u • _;,'-~7 -J t M ed S OV d d ec-:in e Wi 1 , ~ ?l'r.~5---T Weber TP'~ :::mn;r, I -Haroer I Cla_yton I Mann l l'iay_or Ta yJ_:Ll 1LI --·U ~ '>'II,//,_ ., ~ J}~C1 r, 1 I I I )· __ /'J (.A ,' ~ _111 n~ A ve N av Ab sta n Ab t sen I . • - • • - Mo d Sc d d A N Abt 1 ve e 'ln e ve a:, s a n sen l wi fn rr.-s-· ~T -Ab t ' W1>h1>r u--. ~ ~mar, V ··-· Hill'.Q~ v- Clavton i--- Mann i v-- r;ay ~r Tai'.]°::U ~ • • I • • \ • • - • • - ·- RO LL CALL Moved Seconded Ave Nay Abstain Absent I W i 11 ~ i'r.'S -T--=i----==:o.--.c:.::. ........ ___;...;.:;..:c.="'""--.-....;.;.::=.=~--, ' WPhPr /J.-·; ~ :im1t r, --···+--..!:V--:__-1-_ __. ____ -+------, Hiirn~ V--- ~---/t---/...,-""':--:::r--t--';:!C"!'-la,....,1yton _~--!-....:I---":__..._ __ ~----+------, V Mann i,......:J...---~""----~----+------, ------------+--... M,a=1v_or Ta.;,:f ?U __ /./::_....L.. __ .,__ ___ __. ____ ~ • I . • • • • • ROLL CALL Moved Seconded A N ve av hsta1n WiP 1:~-.1 I W-• .. ,r ' A sm,tr, --- j.j'lrn~- Clavton Mann '---- Ma yor Ta ~)_?r-·1 ( j),,,_, J I') ' _. ...... / {!tr.") ,, • '--OU : ) -A '-' , J < > a > ~. V ff 6'-1/ J .,.. ,;( x.: _;_~'J r~ ·a ..ir ·,'))l ( /(1~3 o.. )'I j ,u. • ,/ Lll.£{ J -/h.j.. t fl L "\ '.J . .I t. ~ /; l,t J' .t_ I ~ ,I !J:1 ( 1 n~· d ll ~ . ..,'/ ,j ~ / > I- f n , )13-udu / "-U' ,l ,i...../ -J')' / > 0 " ! /. ~ ) J -~c~,) 31.,.1 ," /'I, .f; J/J.1, r / l 1 ...,. / -:,.--l _, ' -;C..U J /" Uv v. 1 1 1 • 1 Absent K ,U ) I I • • • • • -~ -~----------------------- Moved Sec~nded l b I~ a ) )-(/) I . :~ Cl> 0-I . j - V a../ • I A ve Wf f'~ ?r.:s---·r--,_,_ ... __ LJr-·: sm, t r, I -H11ro~ I Clavton I Mann I Ma y or Ta>'.J .:Ll ' ) 1 n 1_..,:llA -t.. / a /1 ./ } ' V ..;t / Nav Abstain Absent /j...,( ')-v jt J ) k, /l V I { (' ? / }J 7 "' /, .;!.,I (..C/ . ( [I ".I J) ..c ,).J.. I I A ) ) I -1-._, #--..u.,. ~·J 6 I " ( I _,, } 'f !j V • J .' v p I l <A'O &.;/ V I . • • -• • ROLL CALL Moved Sec()nded Ave Nay Abstain Absent Wi l' i ?Jr..\------,--~-..-..----~------, Woho,-~-7 :im1tr, -----+-------------· ...... ---+----<l------+------1 Ha.ro~-1------t-----~,,...!---~v~/o_n---+!,~::::~::::::.~::::::::::::::: 1-----+-----+-.M""a"'"y.orTay!~?Ll_ _ __. __ ~------"------' Jh 1 (JV rJ /Q) } Ca J J 1 nJ a 1 ('l.) ~ ) I V JJ.L 73{,; t ? ) ti: > ') ~ fl'l: v -'"U/>7 a.« u., 1 a. ' ~ I ")) ( / /.,,.J '-1Ut.,,~ .I U U.. (J 0 ) {,A, _:r h u ) ' ~ , ./ f {)/) 1 ex...... I , ) + n ~ ,,t. l(..,,, ' { .. ~ l, 'V. i ) ,"t_. .t'-• u)' 1", l )J ,. ~ v I I /' -ti a, 1/,J 0 j-I<-, IV / //,;{.. ... I ) -ti ~ ~ /}) / I I I 1 .. I . • • • • ROLL CALL Moved Sec,nded A . -,=-----·r Nav Absta1n Absent w,1 ;?r.-s I w~'-~~ -·- ::im1tr, -Haro~ Clavton Mann 1 Ma .'>'.?r Tay)_?U &11 /) Ai.3 2 I fa,~u ", I ./ ? )I,.) A,. 1 r ' l 0 \,; V/J.. ) 1 .... I 'I ~-._/ ~ ,/,,;. C ),(./ ! >1 . -<'. l !~ )'./ l /.. /) I ' I {;-1-J::, f /d ')iv '~I L L )' { ./ .,. _,11,v..l /.. ),C/ ,/. j .,,I / )(.., / ·i,, ( // .J I I -<. ) ) ./, ..,,._.,, I ~/) ~ vi (.t) ~ I../ I -~ . I I (J ) I I I' ( ) , J C7 " 0:.:.....-- I I ~ --I I . . • • • - Med S dd OV ec'ln e A ve N av Ab sta n A bsent Wi1 1'fi'Jr.S---T I IJohor ~--: Sm1 t r, -. Haroe.r:__ Clavton Mann I May_<?r Ta y)_•U !trJ..lfr, ~ / :/).}> 2, -.,I ;_, I u ",I f. u J C::z:;,, -':..,( a , I ::::i ~ ' < J ,,1 J .J ,., u ! ,I • {}· ./ t / ( -/ ~ / .) /j J J/7..,,J 1,1/ I./ ,.. ~I .J J,, r I --I /Ju ._,{J-vt /]) I ~/) \.. +· u...·-1 ... • I . . • • • • RO LL CALL Moved Sec,nde d (l JJ,. I I I I J ,,,., ).,c. I 'J. (/ .. ./ -{C I.I. ...1 )'} ']<,.L /& I , l ,_t;,'-,>o.-'n ~f ) fa !J ', ' .. ' i ~1 {, ( (1 ./ 1(.(1) 1 /~ ..... ,~ p ) -I d~ .... -,.J.. I --- ( I. I A ) 2. .,I '>.1 ) r) c--; / ) !.. '-' • • (.,• lJ.I( • () • I . • • • - • • RO LL CALL Moved Sec~nded Ave Nav Abstain Absent Wi 11 t?r.:S =._J ,....... , __ I 1.Jftl,.a~ I v Sm1 tr, -i::;;;; -Haro!U:.__ V Clavton ,.,... I~ Mann i ,_ Ma~~r Ta yJ~~u_ V . • • I • • • • • - • • - RO LL CALL M ed S d d A Abt 1 Ab t N OV ec'Jn e ve ay s a n sen ~:~::?~:r:_ ,-- ·--Sm1t r, V -v-~'\raPr V'" Clavton ,._... Mann ,__ Mayor Ta yX:U V" I t OI ..jJ:-- Ja!' I V -ea >1 ../. I ( ( ) ,,._, ( o-"' \ ) V ',/ ./ (1 A '--" d. I }J U 4 ; l/._ ' ) t.1 ,, I '1 _, ' , I!.,..._,. v {j ) p l #-) I ' 1 /(. /. u • I • • • • • - • • RO LL CALL Moved Sec-:inded Ave Nav Abstain Absent Wi1 , i ?~S -r---."-.:.::._-.:..:..::.:c=.~-==~- 1-----+-----'u-'-'-.. h .. -,r"--«·· l----'v ________ _,__~_1m_1t:_~_. -----~---i-------------1 l----~-,..,i.,-,'------+-~Ha,r_..n~ ___ ..___....L.._~----1--------1 Clavton Mann l, ___ ~~--+----~------1 1---------+-,Mrr,a=y f!r TayI1u·---'---L-----'-------' I b .I ) ) I J ) ...0: ( ~ 1_/r;_; I ' /-I J .2 2 I 1 -I I . (/) ~) (cJ.,) (!j <J ::') • • I . • • • - • • Moved Seconded Ave_-.-_N'""a--.. v __ Ab-'s'""'t'--a"'"n---,_A_b_s_e_n_t _ __, Wi11i?~S .r=::::=-+---='-'":c-..+----~-------1 1 Wohor ~ V ~-----1t---.,.~--t-~:~m_"11r_' tn-~,-r--·-~ ,,__ 1--t---r-=-l-----+--'.:!C"!'l.._..avton _. 1-----1------... Ma="" [__4 _...J'-E:C--+-----------1 .__ ___ .___ _____ M,a_,,y_or Ta y]_~ u ..,/,,,,"'"";__._ __ ._. ___ ~----- ( . • I . • • • - • • RO LL CALL Moved Sec~nded -'-A ..... ve~~-N'"'"a""1v_,...----A"'"b .... s"""ta~n'"-r ____ A ___ b"'"se=n_t ___ __, Wi 11 i ?l!'.5 --· -T __ -1--...,:._...:;._ _________ _ ----1------+,--IJoh-or·-~'--:--·, ,._.. Sm1 t r, __ .._ _ _.'--=-...__--4, ____ ....,. _____ 1 Hara~-,__.. ----1-----~~C~l ..... avton .....-- 1----1------1--nM=ann !---d-~'c....---+----+------1 .___ ___ ...._ ___ ~_M,_._a~~!. Tay]~?Ll_ __ _._._ __ ._ ___ ___. ____ ~ ") l t -I>· .I !) • • I • • • • • - • • Move d d Seci>n ed Ave Nav Abstain A bsent Wi 11~i'lr.S---T ~ Llfthft~~·-; ;..,- v Sm1t r, ,= Haro~-·-Clavton ·-V Mann ! ~ Ma y9 r Ta__Y.}_~c_j_ ~ 1~ dd;-1 • I • • • • • • • Moved Sec~nded Ave Nav Abstain Absent WiP~?~s __ r-- loloh..,,-' 5m1tr, --· Haro~- Clavton Mann I Ma.'>'.~r Ta }'.)_?U /; , I • • I . • • - • • • - AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 27, 1978 7:30 P.M. Call to order, invocation, pledge of allegiance and roll call. / 1. Public Hearing . (a) To consider Ordinance on final reading authorizing the City Planning and Zo ning Commission to approve conditional uses and establishing procedures and require- ments therefor. (Copies enclosed .) (b) To consider Ordinance on final reading authorizing automobile wrecking yards and junk yards as a conditional use. (Copies enclosed.) (c) To consider Ordinance on final reading adding a u tomobile wrecking or junk yards as a permitted principal use, subject to certain restrictions. (Copies enclosed.) 2. Ad j ournment. ANDY MC GOWN City Manager • I • • I n n • - 0 I . . ( • • - I CY._ INTRODUCED AS A BILL BY COUNCILMAN SMITH . BY AUTHORITY ORDINANCE NO. b , SERIES OF 1978. AN ORDINANCE REPEALING AND RE-ENACTING SECTION 22.5-21, ENTITLED, "COND ITIONAL USE", AND AMENDING SECTI ON 22.8, ENTITLED "DEFIN ITIONS ", OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIE S 1963, AS AMENDED) BY AUTHORIZING TH E CITY PLANNING AND ZONING COMMISS I ON TO APPR OVE CONDITIONAL USE S AND ESTABLISHING PROCEDURES AND REQUIREMENTS THEREFOR . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Se c tion 1. That Sec tion 22 .5 -21 of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amended) i s, here by repealed and re-ena cted to r e ad as follows: S22.5-21 Conditional Use a. Legislative Purpose and Intent. It is recognized that there are some uses whic h, subject to certain conditions and safegua rds, can conform to the general character of the neighborhood to wh ich the proposed use will apply. A Conditional Use permits the inclusion of use s into t h e zoning patt~rn which are con sidered to be essentially desira ble to the c om- munity as a whol e or to a specific area, but where the n atur e of the use or con- d i tions wh i ch it may create, such as traffic congestion, density, noise, etc., influenc e against its locat ion in a specific zone district without restric- tions or conditions tailored to fit the special problems whic h the use may present. The authority is granted to the City Planning and Zoning Commission to approve • I • • ...... ( • • • - Conditional Uses in specific cases after public notice and hearing. The granting of such use shall be subject to appropri- ate conditions and safeguards as set forth in this section if it is determined that the authorization of the use will be in harmony with the general purpose and intent of this Ordinance. b. Application Procedure. (1) An applicant must demonstrate to the City Planning and Zoning Commission that the Conditional Use application meets all of the requirements of the '69 Engl e wood Municipal Code, as amended, and prior to final approval of the Conditional Use, all require- ments of the '69 E.M.C. must be met. (2) The applicant must be an owner or lessee or demonstrate a substantial, continuing interest in the property designated for the Conditional Use. c. Information To Be Submitted. (1) Written Statement. A written state- ment must be submitted with the Conditional Use application and sh all contain the following minimum information: (a) A statement of the present owner- ship and a legal descript i on of the land. If the applicant is not the owner of the land, the re- lationship of the applicant to the request must be stated. (b) An explanation of the objectives to be achieved by the proposed use, including a descript ion of the number and type of major users of the facility. (c) If either new construction or remodeling is involved, a develop- ment schedule indicating the approximate date when the con- struction or remodeling can be -2- • I • • - • • • • expected to begin, the stages of construction, and the time of completion shall be given. (d) Copies of any spec i al agreements, conveyances, restrictions, or covenants which will govern the use, maintenance and protection of the development and public areas. (e) Other information or exhibits the applicant deems pert i nent to the evaluation of the proposed Cond itional Use . (f) A boundary survey. d. Site Plan. The applicant must submit a preliminary plan showing the major details of the site on which the proposed Conditional Use is to be located. This site plan is to be put on a scale of not less than l" = 20' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed developmen t. The preliminary plans must contain, insofar as is applicable, the following minimum in-formation. (1) The location of the property with names of adjoining streets and other public ways. (2) The existing zoning of the land. (3) The proposed land uses. (4) The existing topographic character of the land. (5) The location of all existing and pro- posed buildings, structures and improve- ments, including typical elevations and showi ng the maximum height. (6) The major points of access to public rights-of-way, the internal traffic and circulation systems, off-street -3- • I • • ( • • • - parking areas, se rvi c e are as, a nd loading are as. (7) The location, h eight and s iz e of proposed s i gns, f e n ce s, l i ghting and advertising d e v ice s, i ncluding typical ele vat ions. (8) Areas within the 100-ye ar flood plain. (9) A general landscape plan with ma j or types of mate rials designated as to purpose. e. Requirements and Findings of Fact. Before approving a Conditional Use, the City Planning and Zoning Commission shall make written findings that the Conditional Use will implement the purposes of this Ordinance and will, in addition, meet the following requirements. (1) Uses Permitted. The use must be permitted as a Conditional Use in the Zo ne Di s t r ic t in which it is propo s e d t o b e located. (2) The Conditio n al Us e mu s t be cons isten t with the intent of the Co mp r ehensi v e Plan and the po licie s there in. (3) The relationship of the Condit i onal Us e to its surrounding are a shall be c onsid e red in order to minim i ze a dverse effects to 'both the existing and f uture d e velop- ment indic ated by the Comprehen sive Zoning Ordinance, by traffic c i rculat i on, building height of bulk, lack of s c ree n ing , or i ntrus i ons of privacy, noise, light, impact on housing, schools, public ut i l i ties, governmental services. (4) The n umber of off-stre et parking spa c es s hall not be less than the requirements of Chapter 22.5-5 of this Ordinance. (5) The Cond i tional Use shall meet all othe r applicable ordinance provisions of the '69 E.M .C. -4- • I • • - ( • • • • (6) Other factors which in the opinion of the Commiss ion will protect and promote the health, safety and welfare of the citizens. f. Application Proc ess i ng. (1) Upon receipt of the application, the Department of Community Development shall be responsible for coordinating the revie w of the application by the various City de p artments and appropria te public agencies , culminating in the submission of an advisory report and recommendation to the City Planning and Zoning Commission. A copy of advisory report and recommend at i ons shall be furnished to the appl icant. (2) The Commission, after proper pubiic notice, shall hold a public hearing on the application. (3) The City Planning and Zoning Commission shall make written findings either approving, conditionally approving, or disapproving the Conditional Use. (a) The City Planning and Zon i ng Commission shall be the approving agency for any Conditional Use. (b) A copy of the decision or recom- mendation of the Planning Comm iss ion shall be provided to the applicant. (c) All approved plans for the Conditional Use, including all modificat ions or c onditions thereto, shall be endorsed by the Chairman of the City Planning and Zoning Commission and shall be recorded in the office of the Arapahoe County Clerk and Recorder. (d) Any person or persons jointly or severally aggrieved by the decis ion of the City Planning and Zoning Commission may appeal the decision by the appropriate legal action to a Court of Record having jurisdic- tion thereof. -s - • I • • ( ( • • • - (e) Any p erson a p p l ying to a Court o f Record for a re v ie w of any deci s i on made u nder the te rm s o f t his s e ction shall apply f o r a r e v iew wit h i n 't hi r ty days (30) after the da te of decision and shall be requ i red to pay t h e co st of pre paring a tr a ns c r i pt of pro ceed i ng s and the applicat i on for revi ew shall be in the nature of ce rtiorari und e r Rule 106 (a) (4) of the Co lorado Rul e s of Civil Procedure. Section 2. That Section 22.8 of the City Comprehensive Zoning Ordinance, (Ord. #26, Series 1963, as amended) is hereby amend e d by adding a new definition for "Conditional Use" to read as follows: Conditional Use. A use which may be permitted in a zone district throug h the g ranting of a special exception by t he Ci ty Planning and Zoning Co mm i ssion ·upon a finding that it meets specified conditions. Introduc ed, r ea d i n f ull a nd pa s s ed on F i rst Read i ng on the 16th day of January, 1978. Publ is hed as a Bil l f or an Ord i nance o n the l&!J:Lday of January, 1978 . day of Read by title and p a ssed on fi nal reading on t he I 1978. --------- Published by title as Ord i n a n ce No. of 1978, on the day of , Series ---,-,1978. ----------- MAYOR ATT E ST: ex officio City Cl erk-Trea surer I, Wi l li am D. J a mes, do here by ce rtify that the above and f oregoing i s a t rue, accurate and c omplete copy of the Ordinance, p as sed on final reading and published by title, as Ordinance No. , Serie s of 1978 . ----- ex officio City Clerk-Treasurer -6 - • I • • - ( ( • • • - INTRODUCED AS A BILL BY COUNCILMA N SMITH . BY AUTHO RIT Y ORDINANC E NO. , SERIES OF 1978 . AN ORD I NAN CE RE PEALING AND RE-ENAC T I NG SECTION 22 .5-21, ENT ITLED, "CONDIT I ONAL USE", AND AMENDING SECTIO N 22 .8, ENTITLED "DE F INITIONS", OF T HE CITY COMPREHENSIVE ZONING OR DINANCE (ORD. #26, S ERIES 1963, AS AMENDE D) BY AU THORIZIN G T HE C I TY PLANN I NG AND ZONING COMMI SSION TO APPRO VE CONDITIONAL USE S AN D ESTA BLI SHING PROCEDURES AND REQUIREMENT S THEREFO R. NO W, T HEREFORE, BE IT ORD AINED BY THE CITY COUN CI L OF T HE CITY OF ENGLEWOOD, COLORADO, as follows: S ec tion 1. That Sect i on 22.5-21 of t h e City Comprehen s i v e Zoning Ord i n ance (Ord. #26, Series 1963, as amended) is , hereby repealed and r e-e na c ted to read as follows: §22.5-21 Conditional Us e a. Le gislat i ve Purp o se and Inten t . It is recogniz e d t h a t there are some u se s which, sub j ec t to certa in con ditions and safeguards, can con f orm t o the genera l characte r of the n eighbo rhood to wh ich the propos e d u s e wi l l app l y . A Co nd itional Use perm its the in clu s ion of us es i nto the z oning patt~rn which a r e con s i d e red to b e essentially desirable to t h e com- mu n i t y as a whol e or to a specific area, but where the nature of the use or con- dition s which it may create, such as traffic congestion, density, noise, etc., influence against its location in a specific zone district without restric- tions or conditions tailored to fit the special problems which the use may present. The authori ty is granted to the City Pl anni n g and Zoni n g Commission to approve • I • • n - ( • • • • Conditional Uses in specific cases after public notice and hearing. The grantin g of such use shall be subject to appropr i - ate conditions and safeguards as set f o rth in this section if it is determined that the authorization of the use will be in harmony wit h the general purpose and intent of this Ordinance. b. Application Procedure. (1) An applicant must demonstrate to the City Planning and Zoning Commission that the Conditional Use application meets all of the r equirements of the '69 Englewood Municipal Code, as amended, and prior to fina l approval of the Conditional Use, all require- ments of the '69 E.M.C . must be met. (2) The applicant must be an owner or lessee or demonstrate a substantial, continuing interest in the property designated for the Conditional Use. c. Information To Be Submitted. (1) Written Statement. A written state- ment must be submitted with the Conditional Use application and shall contain the following minimum information: (a) A statement of the present owner- ship and a legal description of the land. If the applicant is not the owner of the land, the re- lat ionship of the applicant to the request must be stated. (b) An explanation of the objectives to be achieved by the proposed use, including a description of the number and type of major users of the facility. (c) If either new construction or remodeling is invo lved, a develop- ment schedule indicating the approximate date when the con- struction or remodeling can be -2- • I • d . ( ( • • • - expected to begin, the s t a ges of construction , and the t i me o f comp letion shall be given. (d) Copies of a ny spec ia l agreemen ts , conveyance s, restrictions, or covenants which wi ll govern the use, ma intenance and protection of the development and publ i c area s. (e) Other information or exhibits t he applicant deems p e rtinent to the evaluation of the proposed Cond itiona l Use. (f) A boundary survey . Site Plan. The applicant must submit a preliminary plan showing the major details of the site on wh ich the proposed Conditional Use i s to be located. This site plan is to be put on a scale of not les s than l" = 20' and in suf ficient deta il to evaluate the land planning , building design, and other features of the propo s ed d e velopment . The preliminary plans must contain, insof a r as is applicable, the following minimum i n - formation. (1) The location of the prope rty with names of adjoining streets and other public ways . (2) The exi st i ng zon ing of the land. (3) The proposed land uses. (4) The existing topographic character of the land. (5) The location of a l l existing and pro- posed build ings, structures and improve- ments, including typical elevations and showing the max imum height. (6) The major points of access to public rights-of-way, the internal tra ffic and circ ulation sys tems, off-street -3- • I • • e. ( ( • • • • parking areas, service areas, and loading areas. (7) The location, h eight and size of proposed signs, fences, lighting and advert ising devices, incl uding typical elevat ions. (8) Areas wi th in t he 100-year flood plain. (9) A general landsc ape plan with major types of materials designated as to purpose. Requirements and Find ing s of Fact . Before approving a Condit ional Use , the City Planning a nd Zoning Commission sha ll make written findings that the Conditional Use will implement the purposes of this Ordinance and will, in a ddition, meet the foll ow ing r equiremen ts. (1) Us es Permit ted . The use must be permitted as a Conditional Use in the Zone District in which it is proposed to be located. (2) The Conditional Use must be consistent with the intent of the Comprehensive Plan and the policies therein. (3) The relationship of the Conditional Use to its surrounding area shall be considered in order to min imize adverse effects to both the existing and future develop- ment indicated by the Comprehensive Zoning Ordinance , by traffic circulation , building height of bulk, lack of screen ing, or intrusions of privacy, noise, light, impact on housing, schools, public utilities, governmental services. (4) The number of off-street parking spaces shall not be less than the requirements of Chapter 22.5-5 of this Ordinance. (5) The Conditional Use shall meet all other applicable ordinance provisions o f the '69 E.M.C. -4- • I • • ( • • • • (6) Other factors which in the opinion of the Commission will protect and promote the health, safety and welfare of the citizens. f. Application Processing. (1) Upon receipt of the application, the Department of Community Development shall be respons ible for coordinating the review of the application by the various City departments and appropriate public agencies, culminating in the subm ission of an advisory report and recommendation to the City Planning and Zoning Commission. A copy of advisory report and recommendations shall be furnished to the applicant. (2) The Commission, after proper public notice, shall hold a public hearing on the application. (3) The City Planning and Zoning Comm ission shall make written findings either approving, conditionally approving, or disapproving the Conditional Use. (a) The City Planning and Zoning Commission shall be the approving agency for any Conditional Use. (b) A copy of the decision or recom- mendation of the Planning Commission shall be provided to the applicant . (c) All approved plans for the Conditional Use, including all modifications or conditions thereto, shall be endorsed by the Chairman of the City Planning and Zoning Commission and shall be recorded in the office of the Arapahoe County Clerk and Re corder. (d) Any person or persons jointly or severally aggrieved by the decision of the City Planning and Zoning Commission may appeal the deci sion by the appropriate legal action to a Court of Record having jurisdic- tion thereof. -s- • I • • - ( • • • - (e} Any person applying t o a Court of Record for a review of any decision made under the terms of this section shall apply for a review with i n 'thirty days (30) after the date of decision and shall be required to pay the co st of preparing a transcript of pro ceedings and the application for revie w shall be in the nature of certiorari under Rule 106 (a} (4) of the Colorado Rules of Civil Procedure. Section 2. That Section 22 .8 of the City Comprehensive Zoning Ordinance, (Ord. #26, Series 1963, as amended) is hereby amended by adding a new definit ion for "Conditional Use" to read as follows: Conditional Use. A use which may be permitted in a zone district through the granting of a special exception by the City Planning and Zoning Commission ·upon a finding that it meets specified conditions. Introduced, read in full and passed on F irst Reading on the 16th day of January, 1978. Published as a Bill for an Ordinance on he 18th day of January, 1978. Read by t itle and passed on final reading on the day of , 1978. Published by title as Ordinance No. ----.-' Series of 1978, on the day of -----------' 1978. MAYOR ATTEST: ex officio City Clerk -Treasurer I, William D. James , do hereby certify that the above and f oregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title, as Ordinance No. _____ , Series of 1978. ex officio City Clerk-Treasurer -6- • I • • - • • • • INTRODU CED AS A BILL BY COUNCIL MAN SMITH. BY AUJ'HORIT Y ORDINANCE NO. ____ \C._ __ , SERIES OF 1 978. AN ORDINANCE AMEND ING SECTIONS 22 .4 -13, ENTITLED 'I -1 LIGHT IND USTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963, AS AMENDED), AUT HORIZING AUT OMOBILE WRECKI NG YARDS AND JUNK YARDS AS A CON DI TIONAL USE. NOW, THEREF ORE, BE IT ORDAIN ED BY THE CITY COUNCIL OF THE CITY OF ENGLEW OOD , COLORADO, as follows : Section 1. That S ection 22 .4-13 of the City Comprehensive Zoning Ord inance (Ord. #26, Series 1963, as amended) is hereby amended by adding a new sub-section "h" as follows: §22.4-13 h. I-1 Light Industrial District CO NDITIONAL USES. Provided the public interest i s fully pro- tected and the following uses are approved by the City Planning and Zoning Commission an d City Council: (1) Uses (a) Automobile Wreck ing Yards And Junk Yards (1) Any automobile wrecking yard or junk yard opened after the ef- fective date of this Ordinance shall be on a parcel or adjoining parcels of not less than one a cre but not to exceed one and one- half acres. Any automobile wre c king yard or junk yard approved pursuant to the provisions on its perimeter with a solid, non-transparant v ertical wall or fence with a maximum of twelve (12) feet measured from ground level. Fences of woven wire or chain- link material shall be prohibited . • I • • • • • (if Any Automobile wr e c k i ng or junk ,/4:" yard approved pursuant to the provisions of this Ordin anc e and all yards existing on the e ffec t- ive date of this ordinance sh al l comply with Sections 1 throug h 1 1, inclusive, chapter 2, Title VI of the 1969 Englewood Municipal Code , as amended, entitled auto wrecking and junk yards, and all other applicable codes or ordi n ances. Any automobile wrecking yard or junk yard which which is licensed by the City of Englewood on the effective date of this Ordinance shall be deemed to be an approved yard wh e ther or not it has a minimum area of one acre, and such yard may be expanded onto abutting property provided that such expanded yard conforms to the requirements of this and any other applicable codes or ordinances. Section 2 . That "Limi tation of External Effects of Uses." and, "Screening." sha l l b e r e d e signated as sub-sections "i" and "j" respectively. /f-t~Introduced, r e ad in full and passed on First Reading on the /~day of Ja nuary, 1978. Publishe d as a Bill for an Ordinance on the ~day of January, 1978. day of Read by title and passed on final reading on the ------------' 1978. Publishe d b y title as Ordinanc e No. of 1978, on the day of S e ries --c-,c-:--~' _________ , 1978. MAYOR ATTEST: e x officio City Clerk-Treasurer I, William D. James do hereby certify that the above -2- • I • • ...... • • • - and foregoing is a true, accurate and complete copy of the Ordinance, passed on fi nal reading and published by title, as Ordinance No. , S e ries of 1978. ex officio City Clerk-Treasure r -3- • I • • • • • • PROPOSED AMEN DMENT TO THE I-1 ZONE DISTRICT AMENDMENT (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 150 FEET FROM THE BOUNDARY LINE OF ANY OF ANY RESIDENTIAL OR RESIDENTIAL-PROFESSIONAL ZONE DISTRI CT. 2 /27/78 I • • • • • • le INTRODUCED AS A BILL BY COUNCILMAN SMITH . BY AUAHORITY ORDINANCE NO. '/ , SERIES OF 1978. AN ORDINANCE AMENDING SECTION 22.4-14 b., ENTITLED , 'PERMI TT ED PRINCIPAL USES' I-2 GENERAL INDUSTRIAL DISTR ICT, OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963 AS AME NDED) BY ADDING AUTOMOBILE WRECKING OR JUNK YARDS AS A PERMITTED PRINCIPAL USE, SUBJECT TO CERTAIN RESTRICTIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUN C IL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.4-14 b. of the City Comprehensive Zoning Ordinance (Ord. #26, Series 1963, as amend~d) is hereby amended by adding a new sub-section (9) thereto as follows : 22.4-14 b. 1-2 General Indus t ria l District Permitted Principal Uses . (9) Automobile wrecking or junk yard: > Any automob ile wrecking or junk yard approved under t he p rovisi ons of this Ordinance shall have a minimum area of one and one-half (l-1/2) acres, and shall comply with the prov isions of Sections 1 thru 11, inclusive, Chapter 2, Title VI of the 1969 Englewood Municipal Code, as amended, and any other applicabl e codes or ord i nances . Introduced, read in full and passed on First Read i ng on the __ day of January, 1978. Published as a Bill for an Ordinance on the -~day of January , 1978. day of Read by title and passed on final reading on the~ --------~' 1978. Published by title as Ordinance No. of 1978, on the day of , Series _________ -=.._-,-1978. MAYOR ATTEST: ex offici o City Clerk-Treasurer I, Wjlliam D. James do hereby certify that the above I • • ...... ( ( • • • • and foregoing is a true , accura te and complete co py of the Ordinance , passed on final reading and published by title, aa Ordinance No. , Series of 1978. ex o fficio City Clerk-Treas ure r -2- • , I • • t • • • • INTRODUCE D AS A BILL BY COUNCILMAN SMITH. BY AUTHORITY ORDINANCE NO. , SERIES OF 1978. AN ORDINANCE AMENDING SEC TI ON 22.4-14 b., ENTITLED, 'PERMITTED PRINC IPAL USES ' I-2 GENERAL INDUSTRIAL DISTRICT, OF THE CITY COMPREHEN SIVE ZONING ORDINANCE (ORD. #26, SERIES 1963 AS AMENDED) BY ADDING AUTOMOBILE WRECKING OR JUNK YARDS AS A PERMITTED PRINCIPAL USE, S UBJECT TO CER TAIN RESTRICTIONS . NOW, THE REFORE , BE IT ORDAINED BY THE CITY COUNCIL OF TH E CITY OF ENGLEWOOD, COLO RADO, a s follows: Section 1. That Section 22.4-14 b. of the City Compre hensive Zoning Ordinance (Ord. #26 , Ser ies 1 963, as amended) is hereby amended by adding a new sub-sect ion (9) thereto as follows: 2 2 .4-14 b. I-2 General Industrial District Permitted Principal Uses. (9) Automobile wrecking or junk yard: Any automobile wrecking or junk yard a pproved under t he provisions of this Ordinance shall have a minimum area of one and one-half (1-1/2) acres, and shall comply with the prov isions of Sect i ons 1 thr u 11, inclusive , Chapter 2, Title VI of the 1969 Englewood Mun icipal Code, as amended, and any other appl icable codes or ordinances . Introduced, read in ful l and passed on First Reading on the -~day of January, 1978. Published as a Bill for an Ordinance on the __ day of January, 1978. day of Read by title and passed on final reading on the~~- --------~' 1978. Published by title as Ord inanc e No. of 1978, on the day of --~' Series ~--------~' 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James do hereby certify that the above I • • < \ • • • • and foregoing is a true, accurate and complete copy of the Ordinance, passed on final reading and published by title, aa Ordinance No. , Series of 1978. ex officio City Clerk-Treasurer -2- • I • • • \ • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGA RD ING ACTI ON OR RECOMMENDATION FROM THE CITY PLANNING AND ZONI~G COMMISSI ON, DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance RECOMMENDATION: Wade moved: Owens seconded: The Planning Commission recommend the amend- ment of the Comprehensive Zoning Ordinance by repeal ing §22,5-21, Automobile Wrecking and Junk Yards, which states: "All existing automobile wrecking yards and junk yards are recognized as Non-confo r ming Uses on the effective date of the Ordinance amending Chapter 22 of the Municipal Code of the City of Englev.ood, Colorado, subj ect to the provisions for Non-conforming Uses in §22,6 of this Ordinance and subject to al l other applicable ordinances of the City of Englewood, Colorado . AYES: Owens, Parker, Pierson, Tangum a, Wade, Draper, Lathrop NAYS: None ABSENT: Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission: {127/~;_,, (7: g;:JJ ;;?- Gertrude G. W~ty •Recording Se cre ta ry • I • • I . 1,-, ( ( • • • MEMORANDUM TO TiiE ENGLEWOOD CITY COUNCIL REGARDIN G CTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMM I SS ION. DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance. RECOMMENDATION: Owens moved: Wade seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance §22.4-14, I-2, General Industrial Dis t rict, be amended by adding thereto an additional subsection (9) to §22.4-14 b, Permitted Principal Uses, which r~ads: AUTOMOBILE WRECKING OR JUNK YARD: ANY AtrrOMOBILE WRECKING OR JUNK YARD APPROVED UNDER THE PROVISIONS OF THIS ORDINANCE SHALL HAVE A MINIMUM AREA OF ONE AND ONE -HALF (l-1/2 ) ACRE S , AND SHALL COMPLY WI TH THE PROVISIONS OF SECTIONS l TH RU 11, I NCLUSI VE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED, AND ANY OT HER AP PLICABLE CODES OR ORDINANCES, AYES: Tanguma, Wade, Draper, Lathrop, Owens, Parker, Pierson NAYS: None ABSENT: Williams , Smith The motion carried. By Order of the City Planning and Zoning Commission. • I • • ( • • • - §22.4-14 I-2 Gen eral Indus trial District The I-2 Industrial District is composed of certain general Industr ia l areas o f the City plus certa in open area s wh ere similar industrial d ev e lopme nt appears likely to occur. The I-2 General Industrial District should be loc ate d near ma j o r roadways, truck rout es, a nd railways to provide adequate facilities for impor tation and e xportation of g oods to and from the Distric t and t o l essen traffic congestion on n eigh- borhood streets cause d by i n dustria l trans po rtation. The regulations for this Distric t are designed t o stabilize and protect the essential charact eristics of t h e Distric t and, because of the more intens e natur e of the development with in this district it is not intended that it abut upon, a d join or be adjacent to a residential zone district. The development consists of general Industr ial uses, plus c e rtain uses pro- viding services to the ar ea, and reg ul ations are estab lished to govern the external effects of uses in the District. a. Supplement a ry regula tions. The provisions fou n d in this zone Distric t shall be subject to the requirements a nd standards found in §22.5, Supplementary Regul atio ns , unless otherwise provided for in this Ordinance or an ame ndment here- to. b. Permitted principal uses. No land shall be used or occupied and no str ucture shall be des i gned, erected, alte red, used or occupied except f o r on e or mo re of th e following uses: (1) An y us e permitted in the I-1 Industrial Zone Distric t; (2) Manu facturing, processing and/or fabr ica tion: Th e manufacturing, processing and/or fabrica - tion o f any c ommodity, except the basic manu- facture and processi n g of animal by-products or any organic type fertilizer; (3) Sale at wholesale or storage: The sale at wholesale, the warehousing and/or storage of any commodity ; (4) Sal e at r etail: The sale at retail of the following: (a) Any commodity manufactured, processed or fabricated or war ehoused on the prem ises; (b) Equipment, s u ppl i e s and materials (except commercial explosi ves ) designed fo r us e in agricul ture, mining, industry, business, transporta tion, building and other con- structio n. • I • • ( • -2- c. adjoins back of • • - (5) Repair, rental and servicing: The repair, rental and servicing of any commodity; (6) Commercial incinerator; (7) Natural production uses: The excavation of sand , clay, gravel, or other natural mineral deposits or the quarrying of any kind of rock formation, except top soil; (8) Sewage disposal plant; (9) AUTOMOBILE WRECKING OR JUNK YARD: ANY AUTOMOBILE WRECKING OR JUNK YARD APPROVED UNDER THE PROVISIONS OF THIS ORDINANCE SHALL HAVE A MINIMUM AREA OF ONE AND ONE-HALF (l-1/2) ACRES, AND SHALL COMPLY WITH THE PROVISIONS OF SECTIONS 1 THRU 11, INCLUSIVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, AND ANY OTHER APPLICABLE CODES OR ORDINANCES. Minimum yards. Where an I-2 building site abuts upon, or is adjacent to a Residential Zone District, a set- fifty (50) feet is required. ~ d. Minimum private off-street parking and loading. (See Supplementary Regulations.) e. Accessory buildings and permitted accessory uses. Any accessory building or u se incidental only to a permitted principal use, which accessory building or use complies with all of the following conditions: (1) Is clearly incid ent al and customary to and commonly associated with the oper ation of the permitted principal use. (2) Is operated and maintained under the same owner- ship or by l essees or concessionaires thereof and on the same lot as the p ermitted p rincipal use. (3) Do es not include structures or structural features inconsistent with the permitted principal use. (4) Do e s not include residential occupancy except by c aretakers or watchmen. (5) If operated partially or entirely in detached structures, su c h detached structures shall be limited to a gross f loor area of not more than ten (10) percent o f the area of the lot on which the permitted pri nc ipa l use is located • • I • • ( • - -3- (6) If operated partially or entirely within the structure containing the permitted principal us e the gross floor a r e a within such structure utilized by accessory uses (except garages, loading docks and company dining rooms) shall b not greater than ten (10 ) perce n t of the gross fl oor area of th e structure containing the permitted principal use. f, Conditional uses. Provided the public interest is fully protected and the f ollowing use is approved by the Com-mission: (1) Dump (See §22,5-1 6). g. L i mitations on external effects o f uses. Every use establish e d or placed into operation after the effective date of this ordinan ce shal l comply forthwith with the foll ow ing limitations . All uses esta blished and in ope ration on the effective dat e of this ord inance shall be made t o comply with the following limitations on c•r before January 1, 1977: (1 ) Vo lume of sound g~uerated. Every use shal l be so operated that the volume of sound inherently and r ecurr ently generated docs not exceed seve nty-five (75) decibels at any point of any boundary line of the lot on which he use is locate d. (2) Vibration generated . Ev ery us e s ha ll be so ope rat ed that th e ground vibrat ion inherently and recurre ntly ge nerated is not perceptible without instruments at any point of any boundary lin e of th e lot on which the use is located. (3) Emi ssion of heat, glare, radi ation, dust, and fumes . Eve ry u se shall b e so operated that it do es not emit a dangerous degree o f heat, glare, radiation, dust or fumes beyond any boundary line of the lot on which the use is located. (4) Outdoo r storage and waste dispo s al, (a) o ma te r ials or wastes shall be deposited upon a lot in such form or manner that they may bP trans fe rred off the lot by natural causes or forces ; (b) All materials or wastes which might cause fumes or dust or which constitute a fi re hazard or which may be e dible by or other- wise be attractive to rod ents or insects sha ll be stored outdoors only in c losed containers; • I ·• • - ( • -4- • • - (c) Liqu e fied petroleum gas shal l b e stor ed no closer to any boundary line o f a lot on which they are located than t h e f ollowi ng minimum distances: Water Capaci ty Per Contai n er IF STO RED IF STORED ABOVEGRO UN D UNDERGROUND Less than 125 gallons .....•...... 10 fee t 10 feet 25 feet 50 fee t None 125-500 gallons ................. . 10 fe e t 25 feet 50 feet 501-2 ,000 gallons ............... . Over 2,000 gal lons •.............. (d ) Explosive s shall be stored n o c lose r t o any boundary line o f t he l o t on which they are locat e d than th e f ol l o wing dis t a nces : Pounds 2 -5 5 -10 10 -20 20 -2 5 Ov er 25 Minimum Distances . • . . . . . . . . . . . . . . . . . . . . . . 70 feet ......................•• 90 fe et •................ , ... , .. 110 feet .................•.... , .125 fee t • , ...................... Not permi tted h. Screening . In an effort to l ess en th e incompatibi lity between a residen tial district and an i n dus t rial district where those district s abut , adjoin or are adja cent , one to the o ther, it is deemed necessary that the owne r o f t he us e in t he in- dustrial zone district take ce r t ain me a s ures t o protect those persons in the residential di s t r i ct f r o m t h e possible adverse effects of the noise and light s fr om cars, the p assage of material s or was t e s from parking l o t s, loa d i n g a reas and storage yards and to di scour a ge juveniles f rom trespas s i n g in hazardous areas where the storag e o f equipmen t a n d s u pplies may cre ate an at tr a ct ive nutsan c ; t h e fo llowi n g prov i sions are applie d : (1 ) If t h e princ ipal p e rm i tte d use is with in a b u i lding and he build i n~ e n t rance f a ces t he r s i den tial z one di t ri ct, th er e shall be no l ess than a ten (10 ) foot e t b a ck in f ront o f the buildi ng a n d th a t r~. sha ll b la nd- sc aped with l a n, t r ees ar.d hruh o f both a deciduou s a nd ~v .rg r e n Th l a nd- scaping ma y be accent d dd 1tional use o f o r namental fe tu r ~& dr if wood, rock, fo u ntains or o bj c t s of (2) If t he po rtio n of the building site which abuts u p on, adjoins o r 1s adJac n t t o the r esi dentia l z o nP. di strict i s n ot the b u ildi n g ntr ance, but i _ used f o r o ff -street parki n g , l oadin h or the storage of equi pme n t , materials and /o r s upplies, • I • • ...... ( • ( • • • • -5- those uses shall b e enclosed by a decorat i ve closed-face or s olid wood, concrete, block or brick wall not less than six (6 ) feet high ; which wall need not be set b ack from the property l ine . An exception t o this provision shall be made as necessary at an intersection or at an ent rance t o an alley or driveway, in order not to obs truct the view of a motorist ; this can be done by re ducing the height of the fence or wall or the plantings f or such distance and t o such extent as re- quired by the Code Enforcement Divis ion. • I • • - ( • • • • • MEMORANDUM TO THE ENGLEWOOD CITY COUNCIL REGARDING ACTION OR RECOMMENDATION OF THE CITY PLANNING AND ZONING COMM ISSION. DATE: November 15, 1977 SUBJECT: Amendment of Comp rehensive Zoning Ordinance RECOMMENDATION: Owens moved: Tanguma seconded: The Comprehensive Zoning Ordinance be amended by the deletion of the prese nt definition of "Conditional Use", and enacting the following new defini tion of "Conditional Use": "A use which may be permitted in a zone district through the granting of a special exception by the City Plan ning and Zoning Conunission upon a finding that it meets specified condi t ions." AYES: Tanguma, Wade, Draper, Lathrop, Owens, Parker, Pierson NAYS: Nolie ABSENI'; Williams, Smith The motion carried. By Order of the City Planning and Zoning Commission. {J.;-zt;,.hC ::?/;~ . G~rtrude G. W~ty t Recording Secretary • I • • - ( ( • • • • §22.8, Definitions, shall be amended by deleting the pres e nt definition of "Conditional Use" and adding the following definition: Conditional Use : A use which may be permitted in a zone district through the granting of a special exception by the City Planning and Zoning Commission upon a finding that it meets specified conditions. October 14, 1977 • I . ( • • • • MEMORANDUM TO T!IE EN GLEWOOD CI TY COUNCI L REGARDING ACT ION OR RECOMMEND ATION OF THE CITY PLANNING AND ZO NING COMMISSION . DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance . RECOMMENDATION: Owens moved: Tanguma seconded: The Planning Commission re c ommend the amend- ment of the Comprehensive Zoning Ordinance by the enactment of a new §2 2.5 -21 , entitled Conditional Use. This s ection will set forth: 1. The legislative purpos e and intent of the Conditional Use section. 2. The procedure for a p pl icat i on. 3. The procedur e to be f o l low e d i n submitting a site plan f or the pro posed Cond it ional Use. 4. The require me nts f or the approval of the Conditional Use a nd t he F indi ngs of Fact. 5. The appli c at i on p ro c ess ---what the staff must do and wha t the Planning Commission must do. AYES: Lathrop, Owens, Parker, Pierson, Tang u ma, Wade, Draper NAYS: None ABSENT: Smith, Williams The motion carried. The proposed Conditional Us e document is attached. By Order of the Ci t y Planning and Zoning Commi ssion . /~ . ( ,£ I;;_ '~ _,_/._ . ..,/,,,.; Ger t rude G. Wel t y 7 J ecording Secre t ary • I • ( ( • • • - §22.5-21 Conditional Use a. Legislative Purpose and Intent. b. I t is recognized that there are some uses which, subject to certain conditions and safeguards, can c onform to the general character of the neighbor- hood to which the proposed use will apply. A Conditional Use permits the inclusion of uses into the zoning pattern which are considered to be essentially desirable to the community as a whole or to a specific area, but where the nature of the use or conditions which it may create, such as traffic congestion, density, noise, etc., in- fluence against its location in a specific zone district without restrictions or conditions tailored to fit the special problems which the use may present. The authority is grante d to the C ity Planning and Zoning Commission to approve Condit ional Uses in specific cases after public notice and hearing. The gra nting of such us e shall be subject to appropriate conditions and safeguards as set forth in this section if it is determined that the authori- zation of the use will be in harmony with the general purpose and intent of this Ordinance . Application Proc edure. (1) An applicant must demonstrate to the City Planning and Zoning Commission that the Con- ditional Use application meets all of the requirements of the '69 Englewood Municipal Code, as amended, and prior to final approval of the Conditional Use, all requirements of the '69 E.M.C. mu st be met. (2) The applicant must be an owner or lessee or demonstrate a substantial, continuing interest in the property designated for t he Conditional Use. (3) Written Sta t em e nt. A written statement must be submitted with the Conditional Use applica- tion and shall c onta i n the following minimum information: (a) A statement of the present ownership and a legal description of the land. If the applicant is not the owner of the land, the relationship o f the applicant to the request must be stated. Draft III October 14, 1977 I • • ( c. ( ( • • • • -2- (b) An explanation of the ob jectives to be achieved by the pro posed use, including a description of the number and type of major users of the facility. (c) If either new construction or remodeling is involved, a development schedule in- dicating the approximate date when the construction or remodeling can be expected to begin, the stages of construction, and the time of comp letion shall be given. (d) Copies o f any special agreements , con- veyances, restrictions, or covenants which will govern the use, maintenance and protection of the development and public areas . Site Plan. Other information or exhibits the applicant deems pertinent to the evaluation of the proposed Conditional Use. The applicant must submit a preliminary plan showin g the major details of the site on which the proposed Conditional Use is to be located. This site plan is to be to a scale of not less than l" = 20' and in sufficient detail to evaluate the land planning, building design, and other featu r es of the proposed development. The preliminary p lans must contain, insofar as is applicable, the f ollowing minimum in- formation. (1) The location of the property with names of adjoining streets and other public ways. (2) The existing zoning of the land. (3) The proposed land uses. (4) A boundary survey. (5) The existing topographic character of the land. (6) The location o f all existing and proposed buildings, structures and improvements, in- cluding typical elevations and showing the maximum height. · (7) The major points of access to public rights- of-way, the internal traffic and circulation systems, off-street parking areas, service areas, and loading areas. • I • • In n ...... ( . d. e. ( • • • - -3- (8) The lo cation , height and size of propos ed signs, fences, lighting an d advertising dev ices , in- c lud ing typica l elevations. (9) Areas within the 100-year flood plain. (10 ) A genera l landscape plan with ma j or types of materials designated as to purpose . Re quirements and Fin dings of Fact. Before approving a Conditional Use , the City Planning and Zo ning Commission shall make written findings that the Conditional Us e will impl e ment the purposes of t h i s Ordin ance and wi ll, in addition, mee t the f ol lowing r equirements. (1 ) Uses Permi tted. The use must be permitted as a Conditional Use in the Zone District in which it is proposed to be located. (2) The Conditional Use must be consistent with the intent of t he Comprehensive Plan and t he policies therei n. (3 ) The relationship of the Conditional Use to its surrounding area shall be considered in order t o minimi ze adverse effects to both the e xisting and fut ure development indicated by the Compre- hensi ve Zoning Ordinance, by traffic circula ion, bui lding height or bulk , lack o f screening, or intrusions of privacy, noise, light, impact on housing, schoo ls, public utilities, governmental services . (4) The number of off-street parki n g spaces shall not be less than the requirements of Chapter 22.5-5 of this Ordinance . (5) The Conditional Use shall meet all other applicable ordinance provisions of the '69 E.M.C. (6) Other facto rs which in the o pinion of the Com- mission will protect and promote the health, safety and welfare of the citizens. Application Pro cess ing. (1) Upo n receipt of the application , the Department of Communi ty Development shall be responsible for coordinating the review o f the applic ation by the various City departments and appropriate public agencies, culminating in the submission of an advisory report and recommendation to the City Plann ing and Zoning Commission. A copy of advisory r port and recommendations shall be furnished to the applicant . • I • • - r ( • • • • -4- (2) The Commission, after proper public notice, shall hold a public hearing on the application. (3) The City Plannin g and Zoning Co mmi ssion shall ma ke written finding s either appro vi n g, c on di- tionally approving, or disapproving the Condi- tional Use . (a) The City Planning and Zon ing Commission sha ll be the approving agency for any Conditional Use . (b) A copy o f the dec ision or recommendation o f the Planning Commi ssion shall be pro- vided to the applicant . (c) All approved p lans for the Conditional Use, including all modifications or c on- ditions thereto, shall be endorsed by t he Chairman of the City Planning and Zoning Commi.ssio n aud shall be recorded in the o ffi ce of t~s Arapahoe County Clerk and Recorder. (d) Any person or persons join tly or severally aggrieved by the decision of the City Planning and Zoning Commission may appe al the decision by the appropri ate legal action to a Court of Record having j uris- dictio n thereof. (e) Any person applying to a Co ur t o f Record for a review of any de cision made under the terms of this section shall apply for a review within thirty days (30 ) after the date of decision and shall be required to pay the cost of preparing a transcript of proceedings and the application f or r e - view sha ll be in the nature o f certiorari under Rule 106 (a) (4) of the Colorado Ru l es of Civil Procedure. • I • • • • • • MEMORANDUM TO THE ENGLE WOOD CITY COUNCIL REGARDI NG ACT ION OR RECOM MENDATIQN OF THE CI TY PLAN NING AND ZONING COMMISSION, DATE: November 15, 1977 SUBJECT: Amendment of Comprehensive Zoning Ordinance RECOMMENDATION: Owens moved: Wade seconded: The Planning Commission recommend to City Council that the Comprehensive Zoning Ordinance, §22,4-13, I-1, Light Industrial District, be amended by adding a new sub- section (h) entitled "Conditional Uses", which reads as follows: h, 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 YARDS AN D JUNK YARDS (1) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD OPENED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SH ALL BE ON 0NB A PARCEL OR ADJOINING PARCELS OF NOT- LESS THAN F-1\IB ONE ACRE BUT NOT TO EXCEED~~ ONE-HA[.F ACRE-.-- (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE, SHALL BE ENCLOSED ON ITS PERIMETER WITH A BBeeR~~iYB €b08ED-F~€E W00BBN FEN€B 0R S0biB €0N- €RE~E, Bb0€ff 8R BRi€ff WAbb N8~ bE88 ~HAN Ei6H~ FEE~-iN HEi6ffi'~ ~, NON-TRANSPARENT VERTICAL WALL OR FENCE WITH A MINIMUM HEIGHT OF ~FEET AND AMAXIMUM OF TWELVE ITT)FEETMEASURE D F ROM GROUND"r:EVEL , FENCES()F'WOVEN 'WIRE OR CHAIN°=LINK MA TE RIAL""-s"HALi713E PROHIBITED. -- (3) ANY AUTOMOBILE WRECKING OR JUNK YARD APP ROV ED PURSU ANT TO THE PROVISIONS OF THIS ORDINANCE AND ALL YARDS EXISTING ON THE EFFECTIVEI'iATE OF'TH!S ORDINANCE 'SHAu:;-coMPLY WITH SECTIONSlTHRU 11, INCLUS IVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMEN DED ENT ITLED AUTO WRECKING AND JUNK YARDS, AND ALL OTHER APPLICABLE CODES OR ORDINANCES. • I • • n n - • • • • \ • • • - (4) ANY AUTOMOBILE WRECKING YARD OR JUN K YARD WHICH IS LICENSED BY THE CITY OF ENGLEWOOD ON THE EFFEC TIVE DATE OF TH IS ORDINANCE SHALL BE DEEMED TO BE AN APPROVED YARD WHETHER OR NOT IT HAS A MINIMUM AREA OF FiVB ONE ACRE, AND SUCH YARD MAY BE EXPANDED ONTO ABUTTING PROPERTY PROVIDED THAT SUCH EXPANDED YARD CONFORMS TO THE REQUIREMEN TS OF THIS AND ANY OTHER APPLICABLE CODES OR ORDINANCES. AYES: La throp, Ow e ns, Pa r ker, Wade, Draper NAYS: Pierson ABSENT: Tanguma, Smith, Williams The motion carried. By Order of the City Planning and Zoning Commission , Gertrude G. Welty .f' ·Recording Secref ary • I • • ....... • • • • • - §22.4-13 1-1 Light Industrial District The 1-1 Industrial District is composed of certain In- dustrial areas of the City plus certain open areas where similar industrial development appears likely to occur. The I-1 Industrial District should be located near major roadways and truck routes so that traffic generated from the Industrial District will not flood the residential streets in the area. The regulations for this District are designed to stabilize and protect the essential characteristics of the District as well as the areas surrounding the District. To these ends, development is limited to light industrial uses plus certain uses providing services to the area, and regulations are es- tablished to provide for adequate screening and to govern the external effects of uses found within the I-1 Light Industrial District. Both to protect residences from an undesirable en- vironment and to ensure the reservation of adequate areas for industrial development, new residential development is excluded from this district, except for facilities for a caretaker. a. Supplementary regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in §22,5, Supplementary Regulations, unless otherwise provided for in this Ordinance or an amendment hereto. b, Permitted principal uses, No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied except for one or more of the following uses : (1) Manufacturing, processing and/or fabrication : The manufacturing, processing and/or fabrication, as enumerated and limited herein, of any commodity except the following: Abrasives, basic manufacture; Alcoholic distillation; Animal by-products, basic manufacture and processing; Asphalt, manufacture and processing; Bone black, basic manufacture ; Brewery; Carbon black or lamp black , basic manufacture; Charcoal, basic manufacture ; Chemicals, heavy or industrial, basic manufacture or processing ; Cinder and cinder blocks, basic manufacture or f abrication ; Clay and clay products, basic manufacture or fabrication ; Coal or coke, manufacturing or processing; Concrete and concrete products, manufacture or fabrica t ion ; • I • • -2- • • • (2) • • • Detergents, soaps and by-produc ts, us ing animal fat, basic manufac tu re ; Electric power ge nerator station ; Fermented fruits and vegetabl e products, manufacture ; Fertilizers, manufacture or pro ce ssing ; Fungicides, manufacture ; Ga ses, other than nitrogen and oxygen, manufactu re ; Glass manufacture ; Glue and size, manufacture ; Grain milling ; Graphite, manu fa cture ; Gypsum and other forms of plaster base, manufac ture ; Insect icides , manufactur e; Insula tion , flammab le types, manufacture or fab rication ; Matches, manufacture ; Meat slaughtering ; Metals, extraction or smelting ; Metals, ingots, pigs, sheets or bars, ma nufacture ; Oi ls and fats, animal and vegetable, manu facture; Paints, pigments, enamels, j ap ans, lacquers, putty, varnishes, whiting and wood fillers, manufacture or fabricati on ; Pape r pul p and c e llulose, basic manufacture ; Paraffin, manufacture ; Petroleum and petroleum produ cts, manufacture or processing ; Portland and similar cements, ma n ufacture ; Rubher, manufacture, or reclaiming ; Sawmill or plan i n g mills ; Serums , toxins, viruses, manu facture ; Su gar s and starches, manuf a cture ; Tannery; Turpentine, manu fact ur e; Wax and wax products, manu factu re ; Woo d preserv i n g by creosoting or other pressu re impregnation o f wood by preservatives ; Sale at wholesalt or storage: The sale at wholesale, the warehousing and/or stor a ge of any commodity except th e following: (a ) Live animals ; (b ) Commercial e xplosiv es ; (c ) Above-ground bulk storage of f lammable liquids or g ases, unless and only to the extent tha t the storage of s uch liquids or gases is directly connected wi th energy or heating devices on the p r emi ses or to service railroad loc omot i ves. (3) Sale at retail: The sale at retail o f the following: • I • • • • • • • -3- (a) Hardware ; (b) Any commodit y manufactured, processed or fabricated on the premises ; (c) Any commodity warehoused on the premi ses ; (d ) Equipment , supplies and materials (except commercial explosives) designed especially f or use in agriculture, mining , industry , business, transportation, build ing and other construction; (4) Repa ir, rental a nd servicing: The repair, rental and servicing of any commodity, the manufacture, processing, fab rication, ware- housing or sale of which commodit y is permitted in the Dis trict; (5) Ambulance S ervice; (6 ) Animal hospital ; runs must be enclosed by a six (6) foot solid fence; (7) An y use intended to provide amusement or enter- tainment on payment of a fe e or a dlllission charge ; (8) Bank ; (9) Blueprinting ; (10) Clinic, d ental or medical ; (11) Contractor yard for vehicles , equipment, materials and/or supplies ; A co n tract or yard for vehicles , equ ipme n t, ma- terials, a nd/o r supplies which complies with a ll of the following conditions : (a) Is properly graded for drainage, surfaced with concrete, asphaltic concr ete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free o f weeds, dust, trash and debr i s ; (b ) Is p rovided with barriers of such dimensions that occupants o f adjacent structures are not u nre asona bly disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies ; (c) I s provided with entra nces a nd exits so located as to minimize traffic congestion; (d) Is provided with b arriers of such t ype and so located that no parked vehicles will ex- • • I • • -4- • & • (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24 ) (25) (26) (27) (28) (29 ) (30) (e) • • • tend beyond the yard space or into the re- quired screening area if adjoining o r ad- jacent to a residential dis t rict ; Lig h t ing facilities are so arranged that they neither unreasonably disturb occupants of adjace nt residential properties nor interfere with traffic. Educational institution ; Electric subs tatio n; Gas regul ator station ; Greenhouse ; Laboratories ; Liquor store (sale by package); Motel or hotel ; Motor v e hicle service or g asoline and oil service stations ; Ne wspaper distribution station ; Offices ; Parking and/or commercial storage of operable v ehicles ; Pet stores; P ri vate c lub, lodge or fraternity ; Public bu ildings; Railroad fac ili ties, but not including shops; Religious institutions ; Restaurants ; Savings and loan ass ociation ; School for training in occupation a l skills, en- ro llment may be open to the public or limited, ma y i nclude dormitories for students and instruc- tors ; (31) Te l ephone exchange ; (32) Termina l for intra-city or inter-city v e hicles f or mov e ment of persons or freight ; • I • • •• • • • - (33) Utility pumping station ; (34) Water reservoir. -5- c. Maximum gross floor area in structures, The sum total of the gross floor area in all structures on a lot, ex- cluding the gross floor area of off-street parking garages, shall be not greater than two (2) times the area of the lot on which the structures are located. d. Minimum yard. Where an I-1 building site abuts upon, adjoins or is adjacent to a residential zone district, a set- back of ten (10) feet is required except as provided in §22.4-13 j. e. Minimum private off-street parking, Regulations .) f. Minimum private off-street loading. Regulations.) (See Supplementary (See Supplementary g, Accessory buildings and permitted accessory uses. Any accessory building or use incidental only to a permitted principal use, which accessory building or use complies with all of the following conditions: (1) Is clearly incidental and customary to and comm bnl y associated with the operation of the permitted principal use. (2) Is operated and maintained under the same owne~ ship, or by lessees or concessionaires the reof, and on the same lot as the permitted principal use. (3) Do es not i n clude structures or structural features i n consistent with the permitted principal us e . (4) Does not include resi dential occupancy e xcept by caretakers or watchmen ; (5) If operated partially or entirely in detached structures, such detached structures shall be limited to a gross floor area of not more than ten (10) percent of the area of the lot on which the permitted principal use is located; (6) If oper ated partially or entirely within the structure containing the permitted principal use, the gross floor area wi th in such structure utilized by accessory uses (except garages, loading docks and company dining rooms) shall be not greater than ten (10) percent o f the gross floor area of the structure containing the permitted principal use . • I • • - • • • • -6- h. 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 YARDS AND JUNK YARDS (1) ANY AtrI'OMOBILE WRECKING YARD OR JUNK YARD OPENED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE ON 8NB A PARCEL OR ADJOINING PARCELS OF NOT LESS THAN FiVB ONE ACRE BUT NOT TO EXCEED ONE AND ONE-HALF ACRE-. -- (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE SHALL BE ENCLOSED ON ITS PERIMETER WITH A BBe8RA~iVE ebeBB&- FAeB W88BBN PBNeB 8ft B8biB eeNeRE'fB, Bb8€K 8ft BRieK WAbb N8~ bEBB ~HAN Ei6H~ FEB~ iN HEi6H~~ SOLID, NON- TRANSPARHNT VERTICAL WALL OR FENCE WITH A MINIMUM HEIGHT"""'oF'SIX FEET AND !MAXIMUM OF TWELVE (12) FEETMEASURED FROM GROUND LEVEL. FENCES OF WOVEN WIRE OR CHAI~K MATERIAL"°sHALL BE PROHIBITED. --- (3) ANY AUTOMOBILE WRECKING 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 SECTION~THRU 11, INCLUSIVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, ENTITLED AUTO WRECKING AND JUNK YARDS, AND ALL OTHER APPLI CABLE CODES OR ORDINANCES. (4) 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 Fi¥E ONE ACRE, AND SUCH YARD MAY BE EXPANDED ONTO ABUTTING PROPERTY PROVIDED THAT SUCH EXPANDED YARD CON FORMS TO THE REQUIREMENTS OF THIS AND ANY OTHER APPLICABLE CODES OR ORDINANCES. Amended 11/15/77 • I . • - .,. • • • • -6a- 1. Limitations on external effecte of uses . Eve r y use established or placed into ope ration after the ef f ect ive da t e of this ordinance shall comply forthwith with the follow ing limitations. All uses established and in operation on the effective date of this ordinance shall be made to comply with the following limitations on or before January 1, 1977: (1) Volume of sound generated. Every ·use, unless expressly exempted by this ordinance, shall be so operated that the volume of sound inherently • I • • • • .. - -7- and recurrently generated does not exceed seventy • (70) decibels at any point of any boundary line of the lot on which the use is located. (2) Vibration generated. Every use shall be so operated that the ground vibration inherently and recurrently generated is not percep t ible, wi t hout instruments, at any point of any boundary line of the lo t on which the use is located. (3) Emission of heat, glare, radiation, dust and fumes. Every use shall be so opera?ed that it does not e mit an obnoxious or dangero us degree of heat, glare, radiation, dust or fumes beyo nd a n y boundary line of the lot o n which the use is loca te d. (4 ) Outdoor storage and waste disposal. (a) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel for railroad locomotive fuelin g or directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are ex- cluded from t his provision ; (b) All outdoor storage facilities for fuel, raw materials and products a nd all fuel, raw materials and products stored outdoors shall be enclosed by a solid fence or wall adequate to conceal such facilities, fuel, raw materials and products f rom ad jacent r es idential districts; pro vi ded, however, that suc h fence or wall need n ot e xcee d eight (8) feet in heig ht ; (c) No materials or wastes shall be d e posited upon a lo t in such f orm or manner that they may be transferred o ff the lot by natural causes. j. Screening. In an effor t to lessen t he incompatibility between a residentia l dist rict and an industrial district where those distric ts abut, adjoin or are adjacent , o ne to the other, it is deemed necessary that the owner of the use in the indus- trial z one d istri ct take certain measures to p r otect those persons in the r eside ntial district from the possibl e adverse effects of the noise an d lights from cars, the passage of materia ls or wast e s fr om parking lots, loading areas and storage yards and to discourage juveniles from trespassing in haza rdous are as where the storage of equipment and supplies may crea t e an attractive nuisance ; the following pro v isions are applied: • I • • In r, - - r • -8- • • - (1) If the principal permitted use is within a building and the building entrance faces the residential zone district, there shall be no l ess than a ten (10) foot setback in front of the building and that area shall be landscaped with lawn, trees and shrubs of both a deciduous and evergreen variety. The landscaping may be accented by the additional use of ornamental features such as driftwood, rock, fountains or objects of art. (2) If the portion of the building site which abuts upon, adjoins or is adjacent to the residential zone district is not the buil ding entrance, but is used for off-street parking , loading or the s torage of equipment, materials and/or supplies, those uses shall be enclosed by a decorative closed-face or solid concrete, block, wood or brick wall not less than six (6) feet high ; which waJ.l need not be set back from the property line. An exception to this provision shall be made as necessary at an intersection or at an entrance to an alle y or driveway in order not to obstruct the view of a motorist ; this can be done by reduc i ng the height of the fe nce or wall or the plan tings for such distance and to such extent as required by the Code Enforcement Division. • I • • ·- • • • - STAFF REPORT Page -1-COMPREHENSIVE ZONING ORDINANCE Case #22-77: I-1 Zone District Case #23-77: I-2 Zone District Case #24-77: Supplementary Regulations Case #25-77: Definitions STAFF REPORT RE: Amendments to the Comprehensive Zoning Ordinance which relate to Automobile Wrecking and Junk Yards in the I-1 and I-2 Industrial Districts, and making provisions for regulations for Conditional Uses. DATE TO BE CONSIDERED: Public Hearings will be held on November 15, 1977. APPLICANT: Initiated by the City Planning and Zoning Commission. ACTION TO BE TAKEN: Public Hearings are to be held on November 15th on the following matters: 1) An amendment to §22.4-13, Light Industrial District, in the Comprehensive Zoning Ordinance, which would add a new sub-section h, entitled Conditional Uses, and which would per- mit Automobile Wrecking Yards and Junk Yards as a Conditional Use. The key points are: • a. Any new yard would have to be on a parcel with a minimum area of five (5) acres. b. Any new yard would have to be enclosed by an eight-foot, decorative closed-face wooden f e nce or solid concrete block or brick wall. c . Any new yard must comply with the Automobile Wrecking-Junk Yard Ordinance, Title VI, Chapter 2 of the 1969 E.M.C., as amended. PLEASE NOTE , the provision should be added th a t all yards in existence on the effective da te of this amendment must also continue to comply with the Automobile Wrecking-Junk Yard Ordinance, d. Any yard existing on the effective date of the amendment would be considered to be an approved yard whether or not it has an area of five acres and the existing yard may be expanded onto abutting property • • I • • • • STAFF REPORT Page -2- • - COMPRE HENSIVE Case #22-77: Case #23-77: Case #24-77: Case #25-77: ZONING ORDINANCE I-1 Zone District I-2 Zone District Supplementary Regulations Definitions 2) Amend §22.4-14, I-2, General Industrial District, subsection b, permitted Principal Uses, by adding a new section (9) Automobile Wrecking or Junk Yard, The yards must comply with the aforementioned Title VI, Chapter 2 of the 1969 E.M.C. as amended, but no area restrictions are placed on the yards, 3) Repeal §22,5-21 of the Comprehensive Zoning Ordinance, which section is entitled Automobile Wrecking Yards and Junk Yards, which states: "All existing automobile wrecking yards and junk yards are recognized as Non-conforming Uses on the effective date of the Ordinance amending Chapter 22 of the Municipal Code of the City of Englewood , Colorado, sub- ject to the provisions for Non-conforming Uses in §22,6 of this Ordinance and subject to all other applicable ordinances of the City of Englewood, Colorado," 4) Enact a new §22.5-21 entitled Conditional Use. This section will set forth: a, The legislative purpose and intent of the Co nditional Use section, b. The procedure for appljcation. c , The procedure to be followed in submitting a site plan for the proposed Conditional Use, d. The requirements for the approval of the Con ditional Use and the Findings of Fact, e, The application process ---what the staff must do and what the Planning Commi ssion must do ., 5) Repeal the present definition of "C onditional Use " which is as f ollows: "Conditional use, A specific use permitted in a Zone District, which use is subject to the approval of the City Planning and Zoning Commission" and adopt the following definition: "Conditional use : A use which may be permitted in a zone district through the granting of a specialexception by the City Planning and Zoning Commission upon a finding that it meets speci f ied conditions," • I • • - • {( STAFF REPOR T Page -3- • • - COMPREHENSIVE Case #22-77: Case #23-77: Case #24-77: Case #25-77: ZONING ORDINANCE I-1 Zone District I-2 Zone District Supplementary Regulations Definitions STAFF RECOMMENDATION : I. The amendment to the I-1 Zone District which would make Automobile Wrecking and Junk Yards Conditional Uses in this District. A. Recommendation: The staff recommends that Automobile Wrecking Yards and Junk Yards be permitted as a Conditional Use in the I-1 Zone District ; but disagrees with two major provisions in the draft which is under consideration. There are also other minor changes which staff would propose. The staff would recommend that the draft be amended as follows: l, §22,4-13 h (1 ) THE MAXIMUM AREA OF ANY AUTOMOBILE WRECKING YARD OR JUNK YARD 8PBNBB APPROVED PURSUANT TO THE PROVISIONS ~Flt'BR lfHB BFFBe~fYB ~lfB OF THIS ORDINANCE SHALL BE 8N 8NB P!\ReB& 8P N8~ ~BSS ~HAN FfYB ~€RBS NO MORE THAN ONE ACRE, ~ ~--~ ~ 2, §22,4-13 h (2) ANY AUTOMOBILE WRECKING YARD OR JUNK YARD APPROVED PURSUANT TO THE PROVISIONS OF THIS ORDINANCE SHALL BE ENCLOSED ON ITS PERIMETER WITH A DECORATIVE CLOSED FACE WOODEN FENCE OR SOLID CONCRETE , BLOCK OR BRI CK WALL NO T LESS THA N I3f6H~ SIX (6 ) FEE T I N HEIGH T, 3. §22.4-13 h (3 ) ANY AUTOMOBI LE WRECKING OR JUNK YARD APPROVED PURSUAN T TO TH E PROVI S IONS OF THIS ORDINANCE AND ALL YARDS EXISTING ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALLCOMPLY WITH SECTIONS r-THRU 11, INCLUSIVE, CHAPTER 2, TITLE VI OF THE 1969 ENGLEWOOD MUNICIPAL CODE , AS AMENDED, ENTITLED AUTO WRECKING AND JUNK YARDS , AND ALL OTHER APPLICABLE CODES OR ORDIN ANCES . • I • • n f re STAFF REPORT Page -4- • • • COMPREHENSIVE Case #22-77 : Case #23-77: Case #24-77 : Case #25-77: 4, §22,4-13 h (4) ZONING ORDINANCE 1-1 Zone District I-2 Zone District Supplementary Regulations Definitions ANY AUTOMOBILE WRECKING YARD OR JUNK YARD WHICH IS LICENSED BY THE CITY OF ENGLEWOOD ON TIIE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE DEEMED 'IO BE AN APPROVED YARD. WHB~HBR eR Ne~ tf HAB A MAMiMUM ARBA 8F PtVB AeRBB ANB aeeH ¥ARB MAY BB BMl¥INBf3B 8Nll'8 AB~~!N6 PR8PBR~¥ PR8¥tBl3B ~HA~ aeeH BMPANB13B ¥ARB €8NF8RMB ~8 ~HB RBijBtRBMBN~B 8F ~Hi8 ANB AN¥ 8~HBR APPbteABbB €8BB8 8R 8RIHNAN€BB~ IF SUCH EXISTING YARD HAS AN AREA IN EXCESS OF ONE ACRE, IT SHALL NOT BE DEEMED TO BE IN NON-COMPLIANCE WITH THIS ORDINANCE,BUTINNO EVENT CAN TIIE LOT AREA BE FURTHER INCREASED, THE AREA OF A YA~ EXISTING ON TIIE EFFECTIVEDATE OFTHI_S_ ORDINANCE~ICH IS LESS THAN ONE°"ACRE, MAY BE EXPANDED NOT TO EXCEED ONE ACRE. B. Analysis: The I-1 Zone District is the least i ntense of of the industrial districts and in most cases is ad- jacent to, or in close proximity to residential neigh- borhoods. The new uses which are going into these areas are primarily carried on in buildings and are of a warehousing or business nature. These uses have changed, just as the automobile wrecking yard operation has changed, over the past fifteen years. By requiring a minimum area of five acres for a new automobile wrecking or junk yard approved pursuant to the proposed Conditional Use section, we seem to be saying that to bring in a lot of cars or junk and put them in a great big yard is good, and to have a little yard is bad, This seems t o be at variance with the intent of the I-1 District. The five acre maximum area may have the practical effect of keeping people from trying to open a new yard in the I-1 Zone District because there are few five acre sites in this zone district, and the cost of the land is fairly high. The possibility does exist, however, that an application could be filed for a new yard on a five acre or larger site which could become a very in- tense use in an area devoted to""u"seii of a less intensive nature. • I • • ...... • r STAFF REPORT Page -5- • - COMPREHENSIVE Case #22-77: Case #23-77: Case #24-77: Case #25-77: The staff is also of the ZONING ORDINANCE I-1 Zone District I-2 Zone District Supplementary Regulations Definitions opinion that the requirement for the yard to be en- closed by "decorative closed-face wooden fence or solid concrete, block or brick wall not less than eight feet in height" may be another deterrent to someone applying for permission to start a new yard, but a six foot-high fence or wall may be a minimum height that would be more easily justified and it would obstruct the view of the land. The other suggested changes are relatively minor and are more of a housekeeping nature. II. The amendment to the I-2 Zone District which would make Automobile Wrecking and Junk Yards a Permitted Principal Use in this District. A. Recommendation: The staff recommends that Automobile Wrecking Yards and Junk Yards be permitted in the I-2 Zone Dis- trict as a Permitted Principal Use for the following reasons: l, Such use would not be in conflict with the Comprehensive Plan. 2. The use would be compatible with other uses of a heavy industrial nature. 3, Automobile Wrecking Yards and junk yards provide a service to the public by salvaging reclaimed metal for recycling and by pro- viding parts for the repair of vehicles and appliances and provision for this type o f business should be made. B. Analysis: The I-2 Zone District is the area in which we want industrial uses· of a more intense nature to locate. The areas which are zoned I-2 at this time are not close to residential neighborhoods and generally have access to railways. After having discussed the operation of these yards with the owners and having observed the operation of the existing yards, the staff is of the opinion that the operation has changed measureably since steps were taken to control the • ) I • • • STAFF REPORT Page -6- • - COMPREHENSIVE Case #22-77: Case #23-77 : Case #24-77 : Case #25-77: ZONING ORDINANCE I-1 Zone Di strict I-2 Zone District Supplementary Regulations Definitions operation in the early 1960's, At that time, the hulks were kept in the yards for long periods of time, the interiors and bodies were burned on the site, the yards were not fenced ---the operation took place in the streets surrounding the operators' property, there were no fire lanes so fires could not be fought safely and there usually was no water or sanitary facilities on the lot. These were the reasons the present controls and restrictions were adopted . Today's operator is concerned primarily with keeping saleable parts on the lot which are displayed in a fa shion that they are protected from weather and accessible to customers, Hulks are disposed of as soon as possible, they do not burn, the lots are fenced and measures are taken to minimize the possibility of fire. This is a recognized business and should be permitted as a use by right if the operators comply with all applicable codes and ordinances. III. The rescission of §22,5-21 of the Comprehensive Zoning Ordinance, which states that all Automobile Wrecking Yards and Junk Yards are Non-Conforming Uses. A. Recommendation; If the preceding amendments to the I-1 and I-2 Zone Districts are approved, the staff recommends that this section be repea led in2s- much as it would no longer be germane. B. Analysis; §22,5-21 of the Comprehensive Zoni ng Ordinance states that all existing automobile wrecking yards anl junk yards are Non-conforming Uses and subject to the Non-conforming Use regulations. This would not be the case, were the uses to be permitted as Conditional Uses in the I-1, Light Industrial District and as a Permitted Principal Use in t he I-2, General Industrial Distric~ and the section should be stricken, I V, Conditional Use Regulations , A, Recommendation: The staff recommends that the Conditional Use provisions be approved fo r the following reason : • I • • • (( • STAFF REPORT Page -7- • • - COMPREHENSIVE Case #22-77: Case #23-77: Case #24-77 : Case #25-77 : ZONING ORDINANCE I-1 Zone District I-2 Zone Distric t Supplementary Re gu la tions Definitions 1. The Comprehensive Zoning Ordinance provides for Conditional Uses in the several Zone Districts, but no guidelines are given for their consideration or approval, This omission would be corrected were the Con- ditional Use regulations to be adopted. B. Analysis : Regardless of whether or not the Automobile Wrecking Yards and Junk Yards are permitted as a Conditional Use in the I-1 Zone District, these regu- lations should be incorPorated into the Comprehensive Zoning Ordinance. At this time, there are Conditional Uses per- mitted in other zone districts and there are no gu i de- lines for their consideration, With the adoption of these regulations, we would have criteria by which all Conditional Uses would be evaluated. If the I-1 and I-~ Zone Districts are not amended as proposed and if, therefore, §22,5-21 is not repealed, the Conditional Use regulations would be given a different section number incorporating the provisions into the Comprehensive Zoning Ordinance. V. Definition of Conditional Use, A. Recommendation: The staff recommends that the present definition of "Conditional Use " be repealed and the new definition be approved for the following reason: 1. The proposed definition clarifies the intent of the term "Conditional Use", B. Analysis : The proposed definition of a Conditional Use would simply clarify the intent of a use permitted conditioned upon approval by the City Planning and Zoning Commission. It states that Conditional Uses must meet specified conditions and these conditions are set f orth in th e Conditional Use section which is also proposed for the Commission 's consideration. • I • • n r-, ( ( STAFF REPORT Page -8- BACKGROUND: • • • COMPREHENSIVE Case #22-77: Case #23-77: Case #24-77: Case #25-77: ZONING ORDINANCE 1-1 Zone District I-2 Zone District Supplementary Regula t ions Definitions For some time, operators of Automobile Wrecking Yards in northwest Englewood have indicated that the present regula- tions under which they must operate are restrictive to the point that it has been impossible for them to carry on their businesses in a manner which will be to the benefit of the community. Many of the yards were in existence when the northwest area was annexed to the City in 1958, and at that time, they were a Permitted Use. All of the yards have been in operation since the use was excluded as a Permitted Use in the major revision of the Comprehensive Zoning Ordinance in 1963, at which time they became classified as Non-conforming Uses. The actual owners or operators of the yards may or may not be the same now as in 1958 or 1963. At a Planning Commission meeting on August 3, 1976, many of the Automobile Wrecking Yard owners were in attendance and discussed specific problems which they are having. First, most of the yards do not have adequate shelter in which the employees can work in inclement weather or in which the parts which are to be sold can be stored and displayed. Office space is also often in a converted house or trailer. Second, some of the owners would like to be able to increase the area of their yards. After considering the statements made at the August 3rd meeting, the Planning Commission generally agreed on the following points: (1) Automobile Wrecking Yards should continue as Non-conforming Uses rather than being made Permitted or Con- ditional Uses. No new Automobile Wrecking Yards should be permitted. (2) Existing Automobile Wrecking Yards should not be permitted to e xpand in area. (3 ) Certain improvements which would be permitted i n the Industrial District, were they not associated with the Automobile Wrecking Yard, should be p e rmitted in existing Yards in an effort to up-grade the businesses. The amendments which were proposed to the Automobile Wrecking Yard Ordinance, Title VI, Chapter 2 of the '69 E.M.C., would not permit the land area of the yard to be expanded. owners of existing yards would be permitted to "construct b uildings or structures for office, warehouse, or other use", i f the use would be permitted in the Industrial District in which the Yard is located. I • • C ( ( STAFF REPOR T Page -9- • - COMPREHENSIVE Case #22-77: Case #23-77: Case #24-77 : Cas e #25-77 : ZONING ORDINANCE I-1 Zone District I-2 Zone District Supplementary Regulations Definitions A public hear i ng on t he proposed amendments was held on Uarch 22, 1977, and the testimony was primarily concerne d wit h the restriction placed on the expansion of the area of t he yards. The legality of permitting Non-conforming Uses to either expand or to be improved, was a key issue in the dis- cussion between the Commission members and staff. Consider abl e time was spent in discussing the f act that the reason for designating c ertain uses a s "non-conforming" is that they are uses which, a l t hough once permitted, are no longer cons idered d es irable in a particular zone distr ic t. By designating these uses "non-conforming ", no n ew uses would be permitted and existing ones would gradually be phased out through natural attrition. By permitting improvements to be made, the life of the Non-con f orming Use would be extended ---a situa tion which would clearly be contradictory t o the l eg al intent o f the Non-con f orming Use. The matter was tabled until Apr il 5, 1977. At the meeting on April 5th, the Commission voted to send the dra ft of the amended Automobile Wrecking and Junk Yard Ordinance which was dated March 28, 1977, to the City Council. The City Council received the recommendation, but they were not pleased with it, and asked that the Commission meet with them to discuss the matter in a study session. At the study session on May 23, 1977, the Council indicated that they did not agree with the basic premise of permitting a Non-con f orming Use to improve and asked the Commission to g ive more thought to the matter . At the Commi s s i on meeting on July 19 , 1 977, t here was a great d e al of discuss ion about the best way of p ermitting existing yards to b e improved without a llowing an i nf lux of new yards . The possibility of mak i ng the yards a Conditional Use in the I-1, Light Industrial District and possibly the I-2, General Industrial District, was ex plored. I f the yards were made a Conditional Use, they would be permitted upon approval by the P lanning Commission. Th e major pro blem, of course, was that while we provide for a limited number of Conditional Uses in the Comprehensive Zoning Ordinance , there are no standards for such uses. What to do ? Inc lude st andards for Conditional Uses in t he Com p rehensive Zoning Ordinance. On September 7, 1977 , several members of the Commiss:bn visite d three of the Yards and saw f irst-hand the problems which the opera tors face . ) I • • - ( ( • STAFF REPORT Page -10- • • - COMPREHENSIVE Case #22-77: Case #23-77 : Case #24-77 : Case #25-77: ZONING ORDINANCE I-1 Zone Di strict I-2 Zone District Supplementary Regul a tions Definitions As a result of all of these discussions, the following action is being proposed: 1. Amend the I-1, Light Industrial District, to permit Automobile Wrecking and Junk Yards as a Conditional Use. 2. Amend the I-2, General Industrial District, to make Automobile Wrecking and Junk Yards a Permitted Principal Use. 3. Repeal §22.5-21 of the Comprehensive Zoning Ordinance, which section states that all existing Automobile Wrecking and Junk Yards are Non-conforming Uses. 4. Add a section to the Comprehensive Zoning Ordinance which would set forth regulations for Conditional Uses. 5 . Adopt a new definition of Conditional Use. (Each of the above actions would require a Public Hearing before the Planning Commission and the City Council. 6 . Refer the amended Automobile Wrecking-Junk Yard Ordinance, Title VI, Chapter 2, Sections l thru 11, inclusive, of the 1969 Englewood Municipal Code, as amended, to the City Council with a recommendation that it be adopted. (The Commission would not hold a Hearing on this matter). • I • • ,· CI TY OF ENGLEWOOD . ·---.-""!::~~.. .... ' ' • • • • - AUTO WRECKING YARDS IN THE Cl TY OF ENGLEWOOD DEPARTMENT OF COMMUN ITY DEVELOP I . • ....... ( • • • • AUTO WRECKING YARDS IN THE CITY OF ENGLEWOOD LEGEND: l, A-B -Z Truck Parts, 1922 West Warren Ave. .73 acre s 2. Fair Auto Wrecking, 2400 south Tejon St. 1.59 acres 3. Vardeman & Sons, 1985 West Baker Ave .• 34 acres 4. Musselman Auto Salvage, 1850 West Baker Ave. 1.51 acres 5. ReMelt, Inc., 2350 south Raritan st. 7.79 acres 6. Larry's Auto Parts, 1780 West Wesley Ave. .57 acres 7. European Auto Wrecking, 1770 West Wesley Ave •• 57 acres 8. R & R Auto Wrecking, 1601 West Harvard Ave •. 55 acres 9. Big "D" Auto Salvage, 2480 South Raritan St. 1.71 acres 10. Stoner's Garage, 2960 South Shoshone St. 1.02 acres 11. An overflow of car hulks on Big Dry Creek; the auto salvage operation is located in Littleton. 2.25 acres • I • • n n ( • • • - (}~ tJn /',{J,1-~ I -I 6 -1J' ~4d,~~l~ . /. ~-~1--/R er INTRODUCED AS A BILL BY COUNCILMAN~~ A BILL FOR AN ORDINANCE AMENDING SECTION 22.4-14 b., ENTITLED, 'PERMITTED PRINCIPAL USES ' I-2 GENERAL INDUSTRIAL DISTRICT, OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIE S 1963 AS AMENDED) BY ADDING AUTOMOBILE WRECKING OR JUNK YARDS AS A PERMITTED PRINCIPAL USE, SUBJECT TO CERTAIN RESTRICTIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.4-14 b. of the City Comprehensive Zoning Ordinance (Ord. 126, Series 1963, as amended) is hereby amended by adding a new sub-section (9) thereto as follows: 22. 4-14 b. I-2 General Industrial District Permitted Principal Uses. (9) Automobile wrecking or junk yard: Any automobile wrecking or junk yard approved under the provisions of this Ordinance shall have a minimum area of one and one-half (1-1/2) acres, and shall comply with the provisions of Sections 1 thru 11, inclusive, Chapter 2, Titie VI of the 1969 Englewood Municipal Code, as amended, and any other applicable codes or ordinances. Introduced, read in full and passed on First Reading on the ~~day of January, 1978. Published as a Bill for an Ordinance on the ~~day of January, 19~8. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William D. James do hereby certify that the above • I • • In ......... n ...... ( C \ • • • - and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the ~~day of January, 1978. ex officio City Clerk-Treasurer -2- • I • • I n ( ( • • • ,· - INTRODUCED AS A /lt4d ,;/"~Jr/ la)-~ l·2£·1cf ~ M, ,a_ /;_ll.., 1 -/J'--ti_ ~ BILL BY COUNCILMAN ~ ~-78 A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTION 22.5-21, ENTITLED , "CONDITIONAL USE", AND AMENDING SECTION 22 .8, ENTITLED "DEFINITIONS", OF THE CIT Y COMPREHENSIVE ZONING ORDINANCE (ORD. f26, SERIES 196 3, AS AMENDED) BY AUTHORI ZING THE CITY PLANNING AND ZONING COMMISSION TO APPROVE CONDITION AL USES AND ESTABLISHING PROCEDURES AND REQUIREMENTS THEREFOR. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.5-21 of the City Compre h ensive Zoning Ordinance (Ord. #26, Series 1963, as amended ) is, hereby repealed and re-enacte d to read as follows: §22.5-21 Conditional Use a. Legislative Purpose and Intent. It is r ecognized that there are some uses which, subject to certain cond itions and safeguards , can con form to the general character of the neighborhood to which the proposed use will apply. A Conditiona l Use permits the inclusion of uses into the zoning patt~rn which are considere d to be ess.entially desirable to the com- munity as a whole or to a specific area, but where the nature of the use or con- ditions which it may create, such as traffic congestion, density , noise, etc., influence against its location in a specific zone district without restric- tions or conditions tailored to fit the special problems which the use may present. The authority is granted to the City Planning and Zoning Commission to approve • I • • ....... C ( • • • • Cohditional Uses in specific cases after public notice and hearing. The granting of such use shall be subject to appropri- ate conditions and safeguards as set forth in this section if it is determined that the authorization of the use will be in harmony with the general purpose and intent of this Ordinance. b. Application Procedure. (1) An applicant must demonstrate to the City Planning and Zoning Commission that the Conditional Use application meets all of the requirements of the '69 Englewood Municipal Code, as amended, and prior to final approval of the Conditional Use, all require- ments of the '69 E.M.C. must be met. (2) The applicant must be an owner or lessee or demonstrate a substantial, continuing interest in the property designated for the Conditional Use. c. Information To Be Submitted. (1) Written Statement. A written state- ment must be submitted with the Conditional Use application and shall contain the following minimum information: (a) A statement of the present owner- ship and a legal description of the land. If the applicant is not the owner of the land, the re- lationship of the applicant to the request must be stated. (b) An explanation of the objectives to be achieved by the proposed use, including a description of the number and type of major users of the facility. (cl If either new construction or remodeling is involved, a develop- ment schedule indicating the approximate date when the con- struction or remodeling can be -2- • I • • - ( r d. ( ( • • • • expected to begin, the stages of construction, and the time of comple tion shall be given. (d) Copies of any special agreements, conveyances , restrictions, or covenants which will govern the use, maintenance and protec tion of the development and public areas. (e) Other information or exhibits the applicant deems pertinent to the evaluation of the proposed Conditional Use. (f) A boundary survey. Site Plan. The applicant must submit a preliminary plan showing the major details of the site on which the proposed Conditional Use is to be located. This site p l an is to be put on a scale of not less than l" = 20' and in sufficient detail to evaluate the land planning, building design, and other features of the proposed development. The preliminary plans must contain, insofar as is applicable, the following minimum in- formation. (1) The location of the property with names of adjoining streets and other public ways. (2) The existing zoning of the land. (3) The proposed land uses. (4) The existing topographic character of the land. (5) The location of all existing and pro- posed buildings, structures and improve- ments, including typical elevations and showing the maximum height. (6) The major points of access to public rights-of-way, the internal traffic and circulation systems, off-street -3- I • • ( e. ( C • • • • l :kin9 !;!, service areas, and loading areas. (7) The location, height and size of proposed signs, fences, lighting and advertising devices, including typical elevations. (8) Areas within the 100-year flood plain. (9) A general landscape plan with major types of materials designated as to purpose. Requirements and Findings of Fact. Before approving a Conditional Use, the City Planning and Zoning Commission shall make written findings that the Conditional Use will implement the purposes of this Ordinance and will, in dddition, meet the following requirements. (1) Uses Permitted. The use must be permitted as a Conditional Use in the Zone District in which it is proposed to be located. (2) The Conditional Use must be consistent with the intent of the Comprehensive Plan and the policies therein. (3) The relationship of the Conditional Use to its surrounding area shall be considered in order to minimize adverse effects to both the existing and future develop- ment indicated by the Comprehensive Zoning Ordinance, by traffic circulation, buildi'ng height of bulk, lack of screening, or intrusions of privacy, noise, light, impact on housing, schools, public utilities, governmental services. (4) The number of off-street parking spaces shall not be less than t he requirements of Chapter 22.5-5 of this Ordinance. (5) The Conditional Use shall meet all other applicable ordinance provisions of the '69 E.M.C. -4- • I • • ( ( • • • • (6) Othe r factors which in the opi nion of the Commission will protect and promo e the health, safety and welfare of the citizens. f . Application Processing. (1) Upon receipt of the application, the Department of Community Development shall be responsible for coordinating the review of the appli c ation by the various City departments and appropriate public agencies, culmi nating in the s ubm is sion of an advisory report and recommendation to the City Planning and Zoning Commission. A copy of advisory report and recommendations shall be furnished to the applicant. (2) The Commission , after proper public notice, shall hold a public hearing on the application. (3) The City Planning and Zoning Commission shall make wr itten findings either approving, conditionally approving, or disapproving the Conditional Use. (a) The City Planning and Zoning Commission shal l be the approving agency for any Conditional Use. (b) A copy of the decision or recom- mendation of the Planning Commission shall be provi d ed to the applicant. (c) All approved plans f or the Conditional Use, including all modifications or conditions thereto, shall be endorsed by the Chairman of the City Pl anning and Zoning Commission and shall be recorded in the office of the Arapahoe County Clerk and Re corder. (d) Any person or persons jointly or severally aggrieved by the d ecision of the City Planning and Zoning Commission ma y appeal the decis i on by the appropria te legal action to a Court of Record having j urisd ic- tion thereof. -5- I • • ( ( ( • Section 2. • - (e) Any person applying to a Court of · Record for a review of any decision made under t he terms of this section shall apply for a review within ·thirty day s (30) after the date of decision and sha ll be required to pay the c o st of preparing a transcript of proceedings and the application for review shall be in the nature of certiorari under Rule 106 (a ) (4) of the Colorado Rules of Civil Proc edure . That Section 22.8 of the City Comprehensive Zoning Ordinance, (Ord. #26, Series 1963, as amended) is hereby amended by adding a new definition fo r "Conditional Use" to read as follows: Conditional Use. A use which may be permitted in a zone district through the granting of a special exception by the City Planning and Zoning Corrunission ·upon a finding that it meets specified conditions. Introduced, read in full and passed on First Reading on the ~~-day of January, 1978. Published as a Bill for an Ordinance on the ~~-day of January, 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, Willi a m D. James do hereby certify that the above and foregoing is a true, accu rate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on first reading on the ~~day of January, 1978. ex officio City Clerk-Treasurer -6- I • • ( ( • • • • ~ ~ /al,-.~ 1-16 -1J' ~ MJ cL '8Jll l-lJ'-7/;C-. ~,.,,,-_·,_ / .· ~~'7:r7 INTRODUCED AS A BILL BY COUNCILMAN__,~,,_--6-.......,·_;t:""'"";J-.L...J.~~~~~~- A BILL FOR AN ORDINANCE AMENDING SEC TION S 22 .4-13, ENTITLED 'I-1 LIGHT INDUSTRIAL DISTRICT', OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. #26, SERIES 1963, AS AMENDED), AUTHORIZING AUTOMOBILE WRECKING YARDS AND JUNK YARDS AS A CONDITIONAL USE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. That Section 22.4-13 of the City Comprehensive Zoning Ordinance (Ord. 126, Series 1963, as amended) is hereby amended by adding a new sub-section "h" as follows: §22.4-13 h. I-1 Light I 1,cl1.1 strial District CONDITIONAL USES. Provided the public interest is fully pro- tected and the following uses are approved by the City Planning and Zoning Commission and City Council: (1) Uses (a) Automobile Wrecking Yards And Junk Yards (1) Any automobile wrecking yard or junk yard opened after the ef- fective date of this Ordinance shall be on a parcel or ad joining parcels of not less than one acre but not to exceed one and one- half acres. (2) Any automobile wreck i ng yard or junk yard approved pursuant to the provisions on its perimeter with a solid, non-transparant vertical wall or fence with a maximum of twelve (12) feet measured from ground level. Fences of woven wire or chain- link material shall be prohibited . I • • - - ( • Section 2. • • • (3) Any Automobi le wrecking or j unk yard approv e d pursuant to the provisions of this Ordinan ce and all yards exist ing on the effect- ive date of this ordinance s h all comply with Sections 1 through 11, inclusiv e, chapter 2, Title VI of the 1969 Englewood Municipal Code , as amended , entitled auto wr eckin g and junk yards, and all other applicable codes or ordinances. (4) Any automobile wrecking yard or j unk yard which which is l i censed 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 such expanded yard conforms to the requirements of this and a ny other applicable codes or ord in ances. t That "Limitation of External Effects of Uses." and, "Screening." shall be redesignated as sub-sections "i" and "j" respectively. Introduced, read in full and passed on First Reading on the ~~day of January, 1978. Published as a Bill for an Ordinance on the ~~day of January, 1978. MAYOR ATTEST: ex officio City Clerk-Treasurer I, William o. James do hereby certify that the above -2- • I • • ( ( • • - and foregoing is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in full and passed on f i rst r e ading on the ~~~day of January, 1978. ex officio City Clerk-Treasurer -3- • I • •