HomeMy WebLinkAbout6-15-1995 P&Z MINUTES .
MINUTES OF THE PLANNING AND ZONING COMMISSION
Meeting of June 15, 1995
Present: Madeline Buckendorf, Sonia Huyck, Terry McConnell, Mike Nachtigall, Bettie Pilote
Absent: Dorothy Davidson, Rick Wells
Staff: Carla Olson, Liz Yeary
At the pre-agenda meeting several matters were discussed which require action of Staff. The
Commission was advised of a request by Superior Signs, Sacajawea School PTO, and the Principal of
Sacajawea School, Chuck Ward, to allow a sign to remain in its present location instead of that
approved by the Planning and Zoning Commission at its meeting of April 6, 1995. The Commission
unanimously denied the request but said that the applicant could appeal that decision within ten days.
The second item for Commission review was a minor revision of a site plan for the property owned by
Primary Health Inc at the corner of Kimball and Elm. The Planning and Zoning Commission
approved a Special Use Permit for the operation of a medical clinic at that site on October 6, 1994.
The site revisions include an increase in the size of the building from 3.990 sq.ft. to 5,515 sq.ft.,
eliminating the parking spaces at the rear of the building, moving the trash enclosure to the southeast
corner of the property, and adding parking spaces to the north side of the building. After some
discussion the Commission agreed to approve the modified site plan with three extra conditions:
1. The curb cut for the driveway on Kimball Avenue will be twenty-four {24) feet wide at its
narrowest point.
2. Parking spaces abutting the landscape strip will be a minimum of seventeen (17) feet long. '
Parking spaces abutting the sidewalk with be a minimum of nineteen (19) feet long.
3. The alley from the driveway south to Elm Street will be paved subject to the approval of the
City Engineering Department.
The regular meeting of the Planning and Zoning Commission was called to order by Vice-Chairman,
Terry McConnell, at 7:15 p.m. in the City Hall Council Chambers.
Commissioner McConnell formally welcomed Mike Nachtigall as the newest member of the Planning
and Zoning Commission.
The first item of business was approval of the minutes for the meeting of May 18, 1995.
Commissioner Buckendorf offered a Motion to approve the Minutes as distributed. The motion was
seconded by Commissioner Huyck and passed unanimously.
Before the public hearing section of the agenda, the Vice-Chairman outlined the procedure for those
present.
The first item of public hearing concerned a request for a Zone Change from R-1 (Single Family
Residential) to R-3 (Multi Family High Density Residential) for property located on the west side of
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S. Tenth Avenue, between Elm Street and Ash Street. This item was continued from the Apri120 and
May 4 Commission agendas. The applicant was West Valley Medical Center.
Carla Olson, Consultant Planner, explained that the first hearing on Apri120 had requested
continuation so that the applicant might meet with some of the neighboring property owners and try
and reach a compromise, for Staff to evaluate traf�ic patterns and potential traffic flow dependant on
what development could occur, and for Staff and the applicant to try and locate other alternative sites
which might be appropriate. Staffwere also asked to review cases pertaining to the subject property
in previous years.
In a case in 1976/77 the Planning and Zoning Commission may have established as a policy a
boundary for the hospital no further south along l Oth Avenue than Elm Street. The current
Comprehensive Plan does not reflect that intent. In regard to alternative sites, the vacant sites
identified were either not available for sale, too small, or already committed to a future building
project. Other areas mentioned were parcels developed with residences or other office uses, which
may be appropriate but would be more expensive to purchase.
Comprehensive Plan Land Use component, Residential Use Policy #7 was cited as requiring
appropriate bui�ering and adequate transition between different classifications of uses when
considering applications for new uses. Commercial Use Policy #6 was cited quoting the importance
of Albertson College and West Valley Medical Center as vital components of the community and that
arterial growth and expansion is encouraged.
In response to a question from Commissioner Buckendorf, Ms. Olson said that no drawings had been
received for the projected development.
Mark Adams, Administrator of West Va11ey Medical Center, stated that he recently did an informal
survey of physician of�'ices in the community and discovered that the community is under-served in
the number of physicians related to the number of citizens, creating a 3-6 week wait for services.
Physicians wanting to relocate in Caldwell would not be able to do so as there are no facilities
available. ,
NIr. Adams also reported on the land use survey a.nd found the same results as staff relating to
unavailability of suitable property for sale. The possibility of purchasing developed property appears
to be cost prohibitive. Conversion of the parking facility at the hospital would be inconvenient to the
people it serves.
Mr. Adams showed a conceptual plan of the proposed project identifying no access at all on lOth
Avenue with a 20' to 30' wide buffer zone for berms and extensive landscaping. The intent of this
was to eliminate some safety concerns. The building is expected to be a 25,000 to 35,000 sq.ft. two-
story building, housing 12-15 physicians initially with an ability to expand to at least 20 physicians.
The appearance of the building would be pleasing to the eye, and will buffer it from traffic on l Oth
Avenue. In response to a question from Commissioner Buckendorf, Mr. Adams said that in order to
"stair step" the building back to present a more single story appearance would lose valuable space
which they cannot afford to do. In response to a question from Commissioner Pilote, Mr. Adams said
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that approximately 5-10% of patients would be transferred to the hospital from physicians' offices for
out-patient procedures.
Dr. Theodore Baird of Family Medical Clinic offered testimony in support of the change, stating that
cunently the Clinic is housed in two buildings which makes service difficult for both doctors and
patients. Many services are duplicated in each building. The new facility would house Family
Medical Clinic. In summary, it would be much more convenient for all parties to be in one building
with easy access to the hospital. Caldwell is growing, the practice is growing and more physicians are
needed to serve the community, but there is no place to offer.
In response to a question from Commissioenr Nachtigall, Dr. Baird said thax if this request is ,
approved, there would be about an 18-20 month wait until the project is built. i
In response to a question from Commissioner Buckendorf, Dr. Baird stated that reasons given for not
accepting offers to practice in Caldwell include non-competitive salaries, housing, shopping facilities,
and lack of employment opportunities for spouses. Attractiveness of entryways into the city was not
given as a factor.
Chuck Karn, realtor representing Mr. Rudolph, stated that most of the property south of Logan
Street between Kimball Avenue and lOth Avenue as far south as Ash Street is currently zoned R-3
except for the subject properties and a couple of neighboring pazcels. To allay the concerns of the
neighbors the applicant could sign a development agreement which would only allow the medical
office development. As a developer himself, he said that the property would not be appropriate for
single family residential development because of its location.
David Kemck said that he had examined the ordinances and that the applicant has the burden of
proof, not the neighbors, in establishing that the zone change is appropriate. Promises ha.d been made
in 1976 and 1984 that the limit for the hospital would be established at lOth and Elm. Mr. Kerrick
presented a list of objections which are attached to the record, citing lack of evidence in several areas
on the part of the applicant. He also stated that the Commission and Staff have not reviewed possible
hazard, damage, nuisance or other detriment to neighboring properties. Mr. Kerrick stated that he
had met with Mark Adams and was informed that 1 3 /4 acres was necessary for the project. Mr.
Kerrick also encouraged the Commission to require dedication of the buffer as a park should the zone
change be approved.
There followed discussion as to whether the decisions of a previous Commission could tie the hands
of the present Commission. The general consensus was that it could not. Commissioner BuckendorF
questioned whether it was a good idea to allow any access onto l Oth, even from single family
dwellings.
George Kerrick stated that he objected to the proposal. Saza Stringfield opposed the request citing
increase in traffic and the previous commitment of the Planning and Zoning Commission to restrict
further hospital development on lOth Avenue. Lee Lannigan spoke about preserving the beauty of
entryways. As a realtor she escorts people around and shows the community facilities, the parks, the
golf course, the hospital etc. and the homes on l Oth Avenue are an attractive feature of that. The
citizens should preserve its attractive features.
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Juneal Kemck refened to a point in the Comprehensive Plan, not yet mentioned, that the people of
Caldwell have repeatedly expressed a desire to improve the community's visual image. There are
other reasonable alternatives the hospital could pursue. She reminded the Commission of factors they
need to take into consideration. The 100% R-1 zoning and the families that live there. It is a unique '
and attractive neighborhood which creates a positive impact on passersby. It is not in Caldwell's
interest to destroy such a feature. Property values would also decrease 50% but does not equate with
the loss of such a neighborhood. Mrs. Kemck questioned the design of the building, the facade
structure, the height and said that these have to be addressed before a person can take the property
values question into consideration.
She encouraged the Commission to deny the request and asked the hospital to consider building on
the existing campus.
Mark Adams responded to the testimony stating that most of the use would occur before 6:00 p.m. in
the evening. He stated that they had researched alternatives and shown a necessity to find property
such as this to develop. He reminded the Commission that design and landscaping are issues to be
addressed at the Special Use Permit phase. He is prepared to submit plans at that phase.
In response to a question from Commissioner Huyck, Mi. Adams said that no offer has been made on
the Adams property because he was advised there was no point in doing so.
In response to a question from Commissioner Buckendorf, Ms. Olson stated that the Commission's
role is to address the question of negative impact on a neighborhood rather than dollaz amounts in
terms of loss in property values.
Commissioner Pilote stated that she did not think the property should be rezoned, no matter wha.t has
been said in the past. The integrity of the neighborhood has to be preserved.
Commissioner Buckendorf agreed adding that such a proposal does not demonstrate orderly growth
and expansion. Commissioner Nachtigall agreed stating that growth has slowed down considerably
and the hospital should take more time to evaluate other areas to expand. Commissioner Huyck
agreed asking for other alternatives to be pursued.
Commissioner BuckendorF offered a Motion to recommend denial of the requested zone change to
City Council finding that it is not in conformance with the Comprehensive Plan, that it is not
compatible with residential surroundings and will compromise the integrity of the neighborhood.
Commissioner Pilote seconded the Motion.
ROLL CALL VOTE. Those voting yes: Buckendorf, Pilote, Nachtigall, Huyck. Those voting no:
None. Absent and not voting: Davidson, Wells.
MOTION CARRIED
The next public hearing concerned a request for comprehensive plan designation and zoning
classification in connection with proposed annexation of property on the north side of Simplot Blvd.
appro�mately 435 feet west of Roedel Avenue.
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Ms. Olson explained that the Commission had received all the information in the Staff Report. There
had been no communication from the public.
Kurt Ruehl testified as the owner of the propeRy. He explained that the property is about six acres
and a 3 /4 acre parcel is in the County. The only concern he had was ta.xes. He is'/4 mile away from
City sewer. In 1977 there was a deed for the City sewer to come out in that direction but nothing has
ever happened. He paid $5,000 to install a septic system on the property. Roedel Avenue is barely ,
paved and there is no City maintenance of it. There is a fire hydrant on the property and also City
water. He does not want to be annexed into the City because it would cost money. Commissioner
Huyck explained that annexation was a matter the City Council would decide.
After further discussion Commissioner Pilote offered a Motion to recommend to the City Council to
cofrurm a Comprehensive Plan designation of Industrial and a approve a zoning classification of M-1
(Light Industrial) for the subject property. Commissioner Buckendorf seconded the Motion.
ROLL CALL VOTE. Those voting yes: Pilote, Nachtigall, Huyck, Buckendorf. Those voting no:
None. Absent and not voting: Davidson, Wells.
MOTION CARRIED
The final public hearing involved a request for a Special Use Permit to allow operation of a medical
office on property at 1803 S. lOth Avenue in an R-3 (Multi Family High Density Residential) zoning
district. The applicant was Debra Anderson and the realtor is Gene Hemenway.
Ms. Olson explained that the zoning allows professional office uses in that zone. There are single
family residences to the east and south and another professional office to the north and also across
l Oth Avenue to the west. lOth Avenue is a minor arterial roadway.
Mr. Hemenway explained that they propose to operate an orthotics clinic in the building ultimately
served by two orthotists with about 16 patients per day. There is some confusion over the two
parking plans, E�chibit A and Exhibit B, but the preference of the applicant is Exhibit B which allows
two points of access and retains the landscape area in front of the building, which helps maintain the
residential characteristics of the property.
The Commission discussed the two plans and the size of turning area, distance from the neighboring
driveway and retention of landscaping. Commissioner Pilote expressed a preference for Plan B in
order to retain the landscaping and residential appearance of the building. Commissioner Buckendorf
expressed concern for safety with two accesses onto l Oth Avenue. Commissioner Nachtigall said that
in view of the relatively low traf�ic generation from patient use, he did not feel safety was
compromised. He also felt Plan B would keep the residential use and professional use separate which
was a positive aspect of the Plan.
After some further discussion, Commissioner Pilote offered a Motion to approve the Special Use
Permit finding that the commercial use had existing for several years but requiring an added condition
to the approved Sta�s conditions, that signs be installed directing patient parking on the north side of
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the groperty and identifying private parking on the south side. Commissioner Nachtigall seconded the
Motion.
ROLL CALL VOTE. Those voting yes: Pilote, Nachtigall, Huyck. Those voting no: Buckendorf,
None. Absent and not voting: Davidson, Wells.
MOTION A I
C RRIED
Commissioner Buckendorf explained that her reason for voting against the Motion was purely
concern for safety.
The first item under Miscellaneous was a request by Staff for initiation of a Code Amendment
concerning use of a Security Residence in industrial and commercial zones as an item for
Administrative Approval, rather than the currently required Special Use Pernut. The Commission
agreed that this should be scheduled for a future agenda.
Ms. Olson commented on items acted on by Council and potential items for forthcoming Planning
and Zoning Commission agendas.
There being no further business the meeting adjourned at 10:00 p.m.
Respectfully Submitted,
h �j
L�rYe
�'Y� Rick Wells
Recording ecretary Chairman
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