Wyoming City Council unable to meet super majority, Reserve rezoning fails

Wyoming City Council

Joanne Bailey-Boormsa

joanne@wktv.org

 

At Monday night’s Wyoming City Council meeting, the Wyoming-based Granger Group lost its second rezoning bid for property located southeast of the 56th Street and Wilson Avenue intersection.

 

Known as the Reserve at Rivertown, the Granger Group was seeking the rezoning of 98.4 acres that was a mix of zonings including estate residential, business and restricted office to a PUD-1 low density planned unit development. Many of the residents living in and near the development objected to the rezoning, having filed a protest petition.

 

Under Michigan’s Zoning Enable Act, a valid protest petition signed by at least 20 percent of owners within an area extending 100 feet outward from the boundary of land included in the proposed change would require a super majority vote for a rezoning to pass. This meant that for the Wyoming City Council to grant the rezoning for the Reserve at Rivertown, it had to pass by a 5-to-2 vote.

 

Earlier during the meeting, it was announced that First Ward Council member William Ver Hulst had officially retired, leaving the Wyoming City Council with only six members. Those members could only come to a 4-to-2 vote with Mayor Jack Poll, Mayor Pro Tem Sam Bolt, and Councilors Kent Vanderwood and Dan Burrill voting for the rezoning. Councilors Rob Postema and Marissa Postler voted against it. Because of the super majority requirement of a two-thirds vote of the entire council, the rezoning request failed, Poll said during the meeting.

 

Postema said during the meeting that he had some concerns over the Planning Commission approving the rezoning request since the 2018 plan was not much better than the one the city reviewed a few months ago and, he felt, it did not meet the city’s land use plan of incorporating the land’s natural features. The proposal would have utilized some wetlands for the development.

 

“I watched the planning commission meeting, Postema said, “…and the difference was whether it met the ordinance or not. And for rezoning you don’t need to meet the ordinance. It doesn’t make sense that you would use that as a standard of rezoning because that could apply for any rezoning anywhere by drawing something up that meets that ordinance for that particular zoning district.”

 

Postler said her concerns were similar but focused on “this dichotomy of it is either this or 2001.

 

“It’s A or B, but there is no C. But the fact that we had the same conversation like four months ago about the 2017 plan and it was either the 2017 plan or the 2001 and there was no option C, but we are here tonight talking about 2018 which would be option C.”

 

Postler said she could respect that the Granger Group would like to get something going on the property, but she just could not accept that the plan before the city council was the only option.

 

“I guess this narrative that we keep hearing is that if this doesn’t get accepted we are just going ‘to go back to the 2001 plan’ and I get that it legally can, but I don’t get that it has to,” she said.

 

Residents who spoke at Monday night’s meeting and at February’s Planning Commission meeting raised several issues, including overcrowding at the schools, traffic concerns, and legal issues over a home owner association requirement and whether the Granger Group could include the existing homes from first three phases in the new proposed PUD without the homeowners’ consent.

 

Poll, who lives in the area where the Reserve at Rivertown development is proposed, went through several of the concerns. He said the schools will make room for additional students. No matter what was built in the area, there would be more traffic, he said. And he noted that he did not believe the project would “destroy the panhandle” as some have indicated or have an impact on property values.

 

If the Granger Group does decide to go back the 2001 PUD plan, which has been modified by the city and the company since its original approval, the Granger Group would still need to seek approval from the city’s Planning Commission for site plans, plates and other items before any development could start, according to staff. The Granger Group has completed three phases based on the 2001 PUD.

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