Lakewood Board of Supervisors Meeting
3-16-2006
(Recessed from 3-1-2006)
Call to Order: Chair Diane Larson called the meeting to order to reconvene the March 1, 2006 recessed Board of Supervisors Meeting at 7:00 p.m. on March 16, 2006 at the Lakewood Town Hall.
Present: Supervisors Diane Larson, Hugo Leider and Tim Musick. Also present: Clerk Gene Bromenshenkel, Zoning Administrator Brennan Mears and general public (register attached).
Pledge of Allegiance: The Pledge of Allegiance to the Flag of the United States of America was recited by all present.
Purpose of Recessed Meeting: Chair Larson outlined the purpose of the recessed meeting is to consider the recommendation from the Planning and Zoning Commission to amend the Zoning Ordinance to add a use for assisted living facilities in the LIU-10 zone. Chair of the Planning and Zoning Commission, Al Eastman, conveyed the recommendation of the Commission which recommends a text change in the Zoning Ordinance to add the use of assisted living facilities as a conditional use, in the LIU-10 zone areas of the township. Eastman indicated that people in favor of the Ordinance change see the use as one of low impact and suitable and compatible to the area. The cons mentioned at the public hearing were that it is different from other uses currently allowed in the LIU-10 zone. Also, it was emphasized that the Comprehensive Land Use Plan suggests that the recommended use is consistent and compatible with the surrounding area. The LIU-10 area near Expressway 61 is now served with a sewer system.
The Chair referred to three correspondences received. Three were opposed to the use recommended by the Commission.
Comments from Public:
Len Johnson: Feels the use is consistent with the area and a good use of the land in the area.
Jerry Larson: Could this text change open up to motel, hotel and other multi-unit housing? It was conveyed that these uses are currently listed as separate and different uses in the Ordinance.
Bob Wolfe: Feels that the proposed use would drastically change the use pattern of the LIU-10 zone.
Bob Gray: Should approve this as a good use for the area.
Greg Follmer: There are already existing uses of commercial nature in the zone.
Zoning Administrator Brennan Mears: The County zoning allows planned unit developments in the LIU-10 zone.
Supervisor Leider: Has a question on the authority of the Board of Supervisors to over ride the Planning and Zoning Commission on decisions. He has a concern about his letter not being read at the January 23, 2006 appeal meeting (appeal to the Planning and Zoning Commission decision to grant a conditional use permit for an assisted living facility in the LIU-10 zone). His letter of January 17, 2006 was submitted as input to the January 23, 2006 Board of Supervisors meeting but was not read at the meeting. (copy of letter attached). He indicated that he specifically requested that the letter be recorded into the minutes of the Meeting. Leider indicated in the letter that he did not support the appeal and was in support of the Planning and Zoning Commission recommendation to grant a conditional use permit to Diamond Willow, the applicant.
Supervisor Musick: Referred to the Comprehensive Land Use Plan as being out of date. Feels we could be approaching spot zoning with the proposed use, which can have legal ramifications.
Ken Butler: Representing the applicant, Diamond Willow Assisted Living. Feels that viewing assisting living as somewhat like a multi-plex facility is erroneous. He referenced the state definition of an assisted living facility.
Motion by Leider to approve the recommendation of the Planning and Zoning Commission to amend the Zoning Ordinance to add the use of assisted living facilities for the LIU-10 zone. There was not a second to the motion. The Motion Died for a lack of a second.
Motion by Musick to not approve the recommendation of the Planning and Zoning Commission to amend the Zoning Ordinance to allow assisted living facilities in the LIU-10 zone. Second by Larson. Discussion on motion: Supervisor Larson---she discussed the matter with many people in the township over the course of the last weeks. Feed back to her is that we are not ready for such a unit. She is representing these people. Vote on Motion: In Favor---Supervisors Musick and Larson; Opposed---Supervisor Leider. The Motion Carried.
Motion by Musick to adjourn the Meeting at 7:57 p.m. Second by Larson. Motion Carried.
Respectfully Submitted;
Gene Bromenshenkel
Town of Lakewood Clerk