Lakewood Township
Public Hearing
Planning and Zoning Commission
February 23, 2006
Chair Al Eastman called the February 23, 2006 meeting of the Lakewood Town Planning and Zoning Commission to order at 7:01 p.m. at the Lakewood Town Hall. Voting members present included Chuck Campbell, Chris Roningen, Bob Wolfe, John Knutson, James Atkinson, Dan McCorison and Chair Al Eastman. Also present were Recorder Shannon Ostazeski and public citizens (see attached register).
Pledge of Allegiance of the United States of America was recited by all present.
Review of Agenda was given by Al Eastman: A request for a text change of the Town’s Zoning Ordinance. The Planning and Zoning Commission will provide a recommendation following the hearing to the Town Board of Supervisors, who will make the final decision on the request on March 1, 2006. Their attorney, Kenneth Butler, is representing Diamond Willow. Eastman reads the petition submitted by Butler on January 26, 22006 (see attached petition).
Butler previous applied for a conditional use that was granted by the Planning and Zoning Commission. The Town Board later denied this. Now they are applying for text change. Hearing procedures according to the Ordinance will be followed. Line of order is as follows:
I. Staff Report
II. Applicant Appeal
III. Those in Favor
IV. Those Opposed
V. Other Comments/Other information
I. Staff Report: Communications Received
Eastman: Reads letters in record.
1. Opposed to the zoning changes. Stan Goltz.
2. Opposed to change in the ordinance because of the allowance of multi family dwellings. Henry and Silvia Castleberry.
II. Applicant Appeal
Kenneth Butler: Diamond Willow was granted a conditional use permit several weeks ago that was then reversed by the Town Board. They reversed this because the LIU district did not have a listed use related to the assisted living. That is why we are here today. We are here to request a zoning text amendment. The Comprehensive Land Use Plan does state that if water and sewer were ever available the Township Ordinance would have to adjust to the uses then available to those zones. The Comprehensive Land Use Plan also states that light commercial would be allowed with a conditional use within the LIU zone. Our request here is fair according to your Comprehensive Land Use Plan.
Questions for the applicant-
Wolfe: What is your justification for wanting to put an assisted living facility in a light industrial area?
Butler: I cannot answer your question but as I mentioned earlier the Comprehensive Land Use Plan is a far better use for instruction than your Zoning Ordinance here.
Wolfe: Land uses that are defined in our Ordinance are pretty clearly defined. If I look at land uses that are not allowed it includes any type of housing. Also, do we not have to change the wording for the types of activities that will be included within the assisted living facility?
Butler: We are just asking for the text change. Under the law an assisted living facility is allowed in any zone according to the Minnesota state statutes.
Campbell: Could we assume the intent of the writers of the Comprehensive Land Use Plan was to change those areas open to sewer and water to be zoned residential?
Butler: It was directed at services pertaining to the surrounding community. If it were residential around that area then it would make sense to have it residential.
III. Those in favor (Audience)
Jerry Ostroski: It is suitable for this area. It will not be a nuisance to the neighborhood. It almost seems that you need to reserve specific property for specific functions.
Mr. Grey: In favor. What is available in that zone? Please tell us what is available in that zone.
Wolfe: (States from Lakewood Ordinance what is allowed within that zone.)
Grey: This space has been vacant. Now we have a nice quiet place that wants to go up there. We could have a slaughterhouse up there, wouldn’t that be nice?
Campbell: Part of the responsibility of this board is to allow those uses as a conditional use. They are not just granted in because they are on that list.
Atkinson: This would also require a conditional use.
Mr. Grey: I don’t think these people realize what could go in there.
Mary Bovee: Is there anyway you can look at this particular parcel and just apply the text change to this particular property?
Eastman: I don’t know. We can do a zoning change or a zoning text change as we are doing here.
Jim Hakking: Toured the facility as well. It is unlike anything I’ve seen. What Diamond Willow does is they provide for a quality of life that would not have been otherwise possible. It is something different that we can be proud of.
Greg Folmer (Owner of the land): It would be beneficial for the township. People are trying to have transitional uses for properties in this area and it would be great to have this move in that directions.
Michelle Strop: If this is about protecting Lakewood residents and upholding the law then if you really care about the people you would let this happen. It is for those people who want to stay in Lakewood.
IV. Opposed (Audience):
Bob Lappy: Diamond Willow would not be a bad neighbor but it is a multifamily dwelling. This could be a slippery slope. If you are afraid of slaughterhouses can’t you just take them off of your list? Second, Diamond Willow is a for profit organization. What if down the road it is not profitable. What will become of the building? My third concern is assisted living facilities are close to being considered nursing homes by the state. They would then have much stricter demands placed on their operation.
Adrian Sticher: The concern is that Lakewood would be allowing big multifamily places to be put in here. I would be o.k. with an assisted living facility but I would be against apartment buildings. I also think is a cheap shot to say it could be a slaughterhouse.
Eastman: We are not giving permission for other multi-family dwellings. If permitted it would be as is defined under the statutes.
Unidentified Lakewood resident: Those of us that have lived there are not thrilled to have it there. The city water is coming to the city limits but they will probably hook into the Duluth water because part of the land we are discussing is actually in Duluth.
Pete Weidman: Opposed to the manner of a change text, not opposed to assisted living. Ten years ago I was a project manager for the waste water line. The biggest obstacle was Lakewood. They were so concerned about development. Everyone was so concerned about the development issues that a specific subcontract was put together to protect rampant development. I am against the slow erosion of the North Shore. It was at one time very important to this Township.
V. Other Comments/Information:
Wolfe: I haven’t heard anything here tonight that suggests to me that this activity is appropriate for this zone. I can think of six other zones that this facility would be more appropriate for.
Motion made by Wolfe that we recommend to the Town Board not to change the text. Second by McCorrison.
McCorrison: After listening I don’t think it is time for a text change. I don’t want to see our community erode. Wants it left rural.
Atkinson: Mr. Butler our Comprehensive Land Use Plan is riddled with common sense and is supposed to direct how our Ordinance is read. If you just read the ordinance it easy to come to your conclusion Mr. Wolfe. I reject the slippery slope. This is very specific request.
Roningen: Concurs with Atkinson.
Wolfe: Less than 3% of respondents to our ‘74’ survey wanted to see a nursing care home. Also, the Comprehensive Land Use Plan states, “Undeveloped parts should be developed in harmony with the dominant land use activity.” The problem is the dominant land use activity is not residential.
Campbell: Concerns a text change in this area conflicts with our definitions. I don’t see how the text change could happen without making other text changes as well in order for this to be in sync with itself. Allowing this would allow more ambiguity.
Knutson: Concur with Jim Atkinson. That area down there is anything but rural.
Vote on the motion
Vote in favor of the motion (Not to recommend): 3
McCorison
Wolfe
Campbell
Vote opposed to the motion: 3
Atkinson
Roningen
Knutson
Since there was a tie, Chair Eastman voted as being opposed to the motion. Motion denied.
Motion made by Atkinson that we recommend approval of the text change to the Town Board as submitted. Second by Chris.
Atkinson: We are not opening the North Shore to development. It is consistent with the comprehensive land use plan.
Roningen: Good use. It will use up all the land south of the expressway. It will stop any future development. It cannot morph into something different if it fails.
Campbell: Creates more ambiguity. It would be another commercial use in this area that is not allowed as defined in our Ordinance.
Knutson: This is the kind of thing we use the Comprehensive Land Use Plan.
Vote on the motion
Vote in favor of the motion (To recommend): 3
Atkinson
Roningen
Knutson
Vote opposed to the motion: 3
McCorison
Wolfe
Campbell
Eastman: Agrees exactly with what Roningen says. This is a low impact facility. It will be a great asset to Lakewood for tax purposes. Eastman votes in favor of the motion. Motion passes.
Motion to adjourn made by Atkinson. Seconded by Knutson. Meeting adjourned at 8:34 p.m.
Minutes Respectfully Submitted,
Shannon Ostazeski