Concerns about suitability, donations derail action.
By: Lea Kahn
In the wake of questions from neighbors of the Assemblies of God property at 88 Federal City Road, Township Council put off a final vote on an ordinance that would change the zoning designation on the parcel Tuesday night.
Township Council was set to rezone the 3.75-acre property from Education Government & Institutions, or EGI, to Professional Office, or PO. While both zones permit offices, the PO zone is geared toward professional offices and the EGI is intended for non commercial or nonprofessional offices.
But one neighbor challenged the suitability of the PO zone and also raised questions about the prospective buyer, noting that the buyer had contributed $6,250 to the Lawrence Township Democratic Club and to Democratic Party candidates for Township Council between 1999 and 2003.
Rather than act Tuesday, Township Council decided to first seek Planning Board input on an appropriate zoning for the parcel.
Township Council had introduced the ordinance at its Feb. 17 meeting. The ordinance was referred to the Planning Board for comment at its March 1 meeting, and then it was sent back to the council for a public hearing and final vote Tuesday night.
The EGI zone permits schools and government uses, plus health-care uses such as a rehabilitation hospital, long-term care and assisted living care facilities on tracts of at least 25 acres. It also allows administrative offices for the use of the institution or governmental agency, according to the township’s Land Use Ordinance.
The PO zone allows offices for recognized professions such as medicine, law, finance, social services, accounting, insurance, engineering, architecture, planning and real estate, according to the LUO. It also permits funeral homes, child-care centers and government uses.
Municipal Manager William Guhl told Township Council that the Assemblies of God Church, which has its district offices there, has a contract to sell the property to a "nonqualified" purchaser which means the zoning would have to be changed from EGI to PO.
"The question comes up what would be the appropriate zone," Mr. Guhl said. "The adjoining (properties) are residential and a medical arts building. When (township planning consultant) Phil Caton and I looked at it, we decided that PO is the best zone, based on the adjacent uses and the fact that the current use is offices."
The adjacent medical arts building is zoned PO.
During the public hearing on the ordinance, Traditions Way resident Ann Carman said the residents in the age-restricted Federal Point development next to the church property are concerned about the traffic impacts that would result from a new development on the property. It is difficult now to get out onto Federal City Road in the morning, she added.
Mr. Guhl said that if the property were redeveloped, the applicant would have to seek Planning Board or Zoning Board of Adjustment approval. Both boards have traffic experts who could comment on the traffic impacts, he said. The residents who live within 200 feet of the property would be notified of a pending application.
George Ford III, a former zoning board member who lives on Federal City Road, said it was his recollection that the PO zone was intended for houses along Franklin Corner Road that were gradually being converted into offices.
When Mr. Ford asked why the zoning could not remain as EGI, Mr. Guhl said the EGI zone was applied to existing uses. Vacant land would never have been zoned EGI, for example, he said. If the zoning had not been EGI, the property at 88 Federal City Road would have been zoned PO, he said.
But Mr. Ford countered that he considered the change in zoning from EGI to PO to be "an encroachment" on a residential zone. Federal City Road is a residential area, he said.
Then, Mr. Ford asked whether any of the Township Council members had accepted a campaign contribution from John Simone, who he said he believes is the purchaser of the property.
Based on campaign finance reports, Mr. Ford said that Mr. Simone and various business entities related to Mr. Simone had donated $6,250 to the Lawrence Township Democrats between 1999 and 2003 including $1,500 to the 2003 election campaign of Deputy Mayor Pam Mount and Councilmen Michael Powers and Greg Puliti.
"I believe (Mr. Simone) is buying something," Mr. Ford said. "His office is in Ewing Township and he lives in Pennington. To me, it just reeks."
A representative at Mr. Simone’s Ewing office told The Lawrence Ledger he was out of the office Wednesday and could not be reached for comment prior the Ledger’s deadline.
However, Ms. Mount vehemently denied the allegations at the council meeting Tuesday.
"I apologize for being severe, but I think your accusations are unfounded," Ms. Mount told Mr. Ford. "This is a situation where the property is not appropriately zoned for the next use. Township Council is here just to do that at the request of the administration."
Mr. Guhl said the property could be zoned either Professional Office or Office. The Office zone is geared office parks, such as the Princeton Pike Corporate Center or the Princeton Pike Corporate Park, both located off Princeton Pike, he said.
"I think the issues comes down to O or PO," he said. "I think the Planning Board should look at it. It’s a case where O or PO is right. I don’t think either one would be unsuitable. I don’t think one zone is better than another."
"What I am hearing from you," Ms. Mount told Mr. Guhl, "is that we should clean up the zoning. The property is being sold and it is incumbent on us to change it to the appropriate zone."
Township Council decided it would be better to postpone action on the ordinance and refer it back to the Planning Board. The council also agreed to instruct township officials to notify residents who live within 200 feet of the property of the date of that Planning Board meeting.