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HomeMy WebLinkAbout1958-03-13 PZC MINUTESPAGE 264 ENGLEWOOD PLANNING COMMISSION MEETING March 13, 1958 The meeting was called to order by Chairman Jones at 8:00 P. M. Members Present; Braun, Hill, Jones, Kelley, Lacy, Romans , Rudd Members Absent: None Richard H. Simon, Attorney Fredrika Broadhurst Rezoning Both sides 4300 Block So. Lincoln (Lots 1-24, Incl, Blk. 3 9 and Lots 25-48, Inc., Blk 40, South Bdwy. Heights.) Hearing No. 43-56-H Aug. 30, 1956 4332-40 South Lincoln Sept. 13, 1956 Oct. 11, 1956 Nov. 1, 1956 Nov. 29, 1956 May 16, 1957 Feb. 13, 1958 The above described property having been properly posted and public notice given, a hearing was held regarding the proposed rezoning from R-1-D Zone District to R-3 Zone District. Chairman Jones declared the hearing open and called upon Mr. Lacy , Planning Director, to present the results of any studies made by his office relative to the subject rezonin g. ' Mr. Lacy presented photographic slides of the entire area and furnished a land use survey map for study by the Commission which indicated predominant one family use in the area with the balance made up of four properties with two family use, two properties with multiple family use (the Broadhurst Nursing Home) and two properties with Churches located thereon. After Mr. Lacy's presentation, Chairman Jones stated that Mrs. Broadhurst or her representa- tive would be heard from at this time. Mr. Richard H. Simon , Attorney, representing Mrs. Broadhurst, took the floor and read, in full, the petition for rezoning, as presented to Planning Commission February 10, 1958, also reading all names and addresses which appeared on the petition. Mr. Simon pointed out the great need for nursing homes and stated that, if as a result of this hearing, the Planning Commission was unable to justify a recommendation for a rezoning of the subject area to an R-3 Zone District, he would strongly recommend that th e Zoning Ordinance be amended to allow convalescent or nursing homes, together with Doctor's offices and other "quiet type" uses; or, to allow convalesent or nursing homes as a conditional use to be determined by the Zoning Board of Adjustment. Mr. Simon next asked Mr. Roscoe A. Powers of 4330 South Lincoln, owner of property adjacent north to the Broadhurst Nursing Home, to take the floor. Mr. Powers stated that he had been a resident of Englewood for twelve years and owner of the property at 4330 South Lincoln Street for nine years. He further stated that he had no objections to the operation of the Broadhurst Nursing Home and was in favor of the re- zoning to allow it's continuance. Mr. George W. Kobolt of Franktown, Colorado, was next asked to speak, by Mr. Simon . Mr. Kobolt stated that he had formerly been a resident of Englewood for ten years and that his mother, who is 87 years old and in very poor health, is presently being cared for at i,he Broadhurst Nursing Home. Mr. Kobolt stated further that the Broadhurst Nursing Home had proved to be the best home to care for his mother and that both she and himself had been more than satisfied with the care. Mr. Simon next asked Dr. James F. Mezen of 3201 ~·outh Logan Street, with offices at 3601 South Broadway, to speak. Dr. Mezen stated that he has been a resident of and has practiced in Englewood for the past nine years, that as Chairman of the Nursing Home Medical Society he has visited many nursing homes throughout the state and that, in his opinion, the Broadhurst Nursing is one of the better operated homes insofar as patient care and cleanliness are concerned. Dr.Mezen stated further that he has had several patients in the Broadhurst Nursing Homes and has visited the home on an average of once a month for approximately the past four years. Mr. Simon closed his presentation by asking that the Commission again to give much con- sideration to some type of "special zoning" for nursing homes, if they felt that rezoning request for R-3 District could not be justified. Chairman Jones, at this time, stated that others in the audience would be now be heard. The following citizens were recognized and took the floor: Mr. Clarence L. Hamm owner and occupant of the residence at 4360 ~outh Lincoln, since 1946, first asked the Commission to clarify for the benefit of all present, the various uses which would be allowed in the proposed R-3 Zone District. Chairman Jones, read from the Zoning Ordinance all of the uses allowed in an R-3 Zone District. Mr. Hamm then stated that he felt that the use of 4332-40 South Lincoln Street as a Nursing Home was a distinct infringement upon the rights of other property owners of the subject area, who had bought their properties knowing that the area was zoned for residential use· only. He indicated that he felt that consideration for rezoning to an R-3 Zone District would be very unfair to those who had worked , over the years, to instigate and pay for all of the improvements which are desirable in an R-1-D Zone District. I I I I I I PAGE 265 Mr. Hamm further stated that he knew, from investigation, that the Broadhurst Nursing Home had been originated illegally, having been started without permission from City Officials in a zone district which did not allow the use of the property as such and that additions to the original operation have been made without permission or knowledge of City Officials since .no permits for same were applied for. Mr. Hamm stated, that in light of the foregoing, he felt it would be very wrong to rezone the area simply to legalize a use which had ori ginated illegally. He indicated that he felt nursing homes would be more desirable in a commercial type zone. Mr. Hamm pointed out that the location and operation of the nursing home in question was not g ood for the following reasons: 1. The odors from burning of refuse are extremely bad and have, on many occasions, caused his wife to become "deathly sick". 2. Caring for patients near uncovered front windows, in view of adults and children has created an undesirable situation. 3. The creation of a definite restriction of children's play in the vicinity of the nursing home. In answer to questions posed by Mr. Rudd , City Manager and member of the Planning Commission, Mr. Hamm stated that as nearly as he could remember, the Broadhurst Nursin g Home began operations originally in late 1953 or early 1954 and that the second unit of the home was begun about one or one and one half years later; also, that Mrs. Virginia L. Covert of 4372 South Lincoln, a former complaintant, was a relative of Mr. Hamm and that he was speaking for her, though she had recently moved from the address and her parents had taken residence in the house. In answer to Mr. Lacy, Planning Commission, Mr. Hamm stated that he first started noticing the odors from the operation when his wife began noticing them and became ill from same. Mr. Rudd , at this time, read from a report from the Building Inspector that the first unit of the Nursing Home operation had begun operation in 1955 and the extension of the second unit had taken place in 1 9 56. He pointed out that the contractor, who had been employed to make alterations and /or additions to the structures, had failed to take out proper city permits and had left the City without knowledge of the situation and thus in no position to take proper action at the time. Mrs. Clarence L. Hamm of 4360 South Lincoln Street next took the floor and verified that the odor from burning of the refuse had made her quite ill on many occasions , and that while there had been some effort to dissipate these odors by installation of special equip- ment, the wind continues to blow the odors directly into their home and yard. Mr. A. A. Henning of No. 12 East Quincy was next recognized and stated that he was not opposed to the operation of the Nursing Home but that he did oppose rezoning to R-3 Zone District because of the variety of uses allowable in that zone. Reverend Sanford E. Oakes, Pastor , Cherrelyn Baptist Church , 4300 South Lincoln, spoke next, as representative of that Church. Reverend Oakes stated that he had personally canvased the subject area to determine the feeling of the property owners and after re- porting the results to the Church Board of Trustees, they wished to report that they had no serious objections to the operation of the home but that they were opposed to the re- zoning to R-3 Zone District. Reverend Oakes further stated that it was his personal opinion that the odors from the burning of refuse at the nursing home was a serious problem and felt that steps should b e taken to eliminate it. Reverend Kirby, Pastor of Englewood Free Methodist Church, 4395 South Lincoln Street, representing the Board of Trustees, was next recognized and stat ed that his Church had no objections to the operation of the Broadhurst Nursin g Home, including odors, but was opposed to the proposed R-3 zoning because of the uses which it would allow. Mis Lois Lighthall of 4397 South Sherman Street spoke next, indicating that she felt she was speaking for most of her neighbors on South Sherman when she stated that there was no specific objection to the operation of the nursing home in the area but a definite objection to the proposed rezoning because of ·the uses it would allow and the probability of starting a trend in the area which might allow an expansion of the zone into further areas eastward which she feels should remain strictly in a zone for residential use only. Mrs. Nate Morris of 4301 South Lincoln was the next speaker and stated that they had pur- chased their home in that particular location feeling secure in the fact that the zoning was proper for one family residential use and that while she did not wish to voice opposition to the operation of the nursing home, she .did wish to object to the proposed rezoning to R-3 Zone District. Mr. Reuben P. Maerz, Building Contractor, of 6196 South Broadway, Littleton, spoke next and stated that he had recently purchased the property at 4388 South Lincoln Street for the purpose of remodeling for resale. He stated further that while he felt that he would realize more profit by remodeling and selling the structure f or an R-3 use, he wished to register objection to the rezoning becaus P he also feels, more strontly, that this particular area is more suited to single family use. Mr. Simon, at this time, again asked for the floor, was recognized, and pointed out, as a form of rebuttal that he did not feel that Nursing Homes should ever be located in any commercial type of zone due to the noise and activity. He stated that Arapahoe County Clerk records show, in Book 77 9 at Pa ge 500, the record of the deed to the original property, in the Broadhurst ownership, as of November 8, 1952. He stated further that the second unit was added to the operation in 1955. Mr. Simon pointed out that a Church is a conditional use in an R-1-D Zone District which must be sanctioned by the Zoning Board of Adjustment before locating in such zone. PAGE 266 Mr. Simon then mentioned that due to the heavy traffic, east and west on East Quincy Avenue, he was quite sure that the operation of the nursing home does not contribute, in any appreciable amount, to additional traffic on the street in the subject area. Mr. Simon reiterated his opinion that, if the R-3 Zoning request was unsuccessful , that immediate consideration should be given to some other type of zone district which would allow nursing homes without allowing other present R-3 uses. Chairman Jones said at this time, that it would not be the intent of this Commission to endeavor to recommend elimination of any legal non-conforming nurshing home and that the purpose of this hearing had been structly to determine the merits of th e possible rezoning of the area to an R-3 Zone District. Mr. Jones stated further that it was apparent that the Broadhurst Nursing Home could not be considered as a legal non-conforming use. Mr. Braun, Planning Commission member, further clarified the matter by showing that the City has inherited a number of nursing homes through annexation which, if properly registered with the City, must be considered as legal non-conforming uses. After some brief discussion by members of the Planning Commission, Lacy moved, Braun, seconded: That the hearing be closed. Ayes: Braun, Hill, Jones, Kelley, Lacy, Romans, Rudd Nays: None Absent: None Chairman Jones declared the hearing closed and expressed appreciation to all who attended for their interest. At a time, later in the meeting, the Plannin g Commission discussed fully all of the points which had been brought out in' the hearing, after which, Lacy moved: Braun seconded: That the request for rezoning of Lots 1-24, inclIBive, Block 39, and Lots 25-48, inclusive, Block 40, South Broadway Heights, Arapahoe County, Colorado, from R-1-D Zone District to R-3 Zone District, be denied. Ayes: Braun, Hill, Jones, Lacy, Romans, Rudd Nays: None Abstaining: Kelley (Mr. Kelley asked permission to abstain from the voting because of his close association with Mr. S imon who represented Mrs. Broadhurst.) Absent: None The Planning Commission then discussed the possible need for a special convalescent or rest home zoning, or a statement of eligibility for same within some additional existing zones but with definite restrictions for same. Mrs. Bessie Wilson , Representing Mrs. Avel N. Peasley 825 W. Quincy Avenue Subdivision North side 01 w. Quincy and West of 'the Huron-Inca alley Extended. Hearing No. 4-56-A January 12, 1956 The above named ladies appeared and presented a plot plan of an area under the ownership of Mrs. Peasley which area is approximately 300 feet in depth north to south and 185 feet wide east to west. There is an existing dwelling on the South 139 feet of the plot and other existing buildings on the north part of the plot which could be removed. Mrs. Peasley wished to discuss the possibility of developing additional building sites on the north portion of the plot. The main problem involved seemed to be the establishment of a dedicated street for access and the location of a garage in the right-of-way of such a proposed street. After some discussion, the ladies were referred to the Planning Office for assistance in working out the details for a proposed preliminary plan. Costin Engineering, Representing J. H. Jensen (Owner) Subdivision Hearing No. 7-58 December 29, 1955 1100 West Quincy Addition to Jensen Subdivision Mr. Costin of Costin Engineering, appeared to present a proposed preliminary plat of an addition to the Jensen Subdivision along with a topographical map which addition would be located along the south side of existing westRadcliffe Avenue and north and south of pro- posed West Radcliffe Avenue extended to the west approximately 330 feet. The addition would include fifteen additional building sites for one family dwellings. After some discussion and viewing of the proposal, Mr. Costin was referred to the Planning Offt::e and the City Engineer for further detail study and assistance. At this time, Mrs. Romans of the Planning Commission, brought up the fact that Planning Com- mission meetin g s which include public discussions or hearings, it becomes quite late in the evening before the Commission is able to concentrate on problems facing theCommission alone and as a result, members of the Commission are not at their best when mak~ng some decisions. After some discussion of the matter, Romans moved: Lacy seconded: That beginning with the Planning Commission meeting to be held March 20, 1958, the first Planning Commission meeting of each month be dedicated to public discussions and hearings and that the second meeting of each month be strictly for discussions and studies by '1!lembens of the Planning Commission only. I I I I I I Ayes: Braun , Hill , Jon e s , Kelley, Lacy , Romans, Rudd Nays : None Absent: Non e PAGE 267 Chairman Jones called to th e attention of the Planning Commission that the Commission has been requested by the Home Rul e Citizens Committee to ma k e recommendations as to felt needs for planning and zoning provisions in th e coming City Charter and pointed out that the matter should be discussed as soon as possible. Mr. Rudd brought up the matter of a trailer court ordinance for the City of En g lewood which at present is non-existent andpointed out that with trailer courts in existence many questions must go unanswered by the administrative staff. Mr. Rudd stated that he feels that this is an urgent matter. After some discussion , Braun moved: Hill seconded: That the Planning Commission, before attempting to prepare provisions and regulations for trailer courts within the City request some statement from the City Council as to their attitude toward present trailer courts under non-conforming use and as to new trailer courts. Ayes: Braun, Hill, Jones, Kelley , Lacy, Romans , Rudd Nays: Non e Absent: None There being no further business to come before the Plannin g Commission, the me eting was adjourned at 11:35 P. M. JDC /kar Approved ~~~~~~~~- John D. Curtice Recording Secretary MEMORANDUM TO THE ENGLEWO OD CITY COUNCIL FROM THE ENGLEWOOD PLANNING COMMISSION. Date: March 13, 1958 Subject: Possible Ordinance covering provisions and regulations for trailer courts within the City of Englewood. The Planning Commission, before attemptin g to prepare provisions and re g ulations for trailer courts within the City requests s om e statement from the City Council as to their attitude toward present trailer courts under non-conforming use and as to new trailer courts. Respectfully submitted, ENGLEWOOD PLANNING COMMISSION By: Lee Jones Chairman * * * * •* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ENGLEWOOD PLANNING COMMISSION MEETING March 20, 1958 The meeting was called to order by Chairman Jones at 8:15 P. M. 1 Members Present: Braun, Hill, Jones, Romans, Rudd Members Absent: Kelley, Lacy Planning Commission Rezoning Scenic View Area Hearing No. 4-58-C January 16 , 1958 January 30, 1958 February 27, 1958 Mr . Rudd , City Manager, reported to the Commission, that because of demand by proponents for industrial installations, consideration is being given, by City Council, to change the present proposed C-2 Zone District along the west side of South Santa Fe Drive, f rom the northern city limits south to the present proposed M-1 Zone District boundary, from C-2 to M-2 except a strip 150 feet in depth adjacent to South Santa Fe Drive along the west side. After some disc u ssio n , it was evident that all members of the Commission feel that this movement is des i r a bl e . --------------------