Sumpter board, 5-2, agrees with planners: No spot zoning

On a vote of 5-2, the Sumpter Township Board of Trustees agreed with the planning commission’s recommendation to deny rezoning of 24235 Sumpter Rd. to allow a commercial use in a residential area.
This is the former site of Mount Hermon Missionary Baptist Church.
Voting against the denial were supervisor Tim Bowman and trustee Jim Frazier. Both spoke on behalf of Sammi Nassar’s rezoning request, along with six residents who don’t live near the project who spoke in favor of Nassar during Public Comment at the beginning of the meeting.
Before the vote, supervisor Bowman said, “I’m for the project. Why would we deny the business there? His plans are for a good-looking building out of sight from the road.”
He complained about having to drive to Van Buren Township now to get robbed for having a tire changed and you have to have an appointment. He said he has to go to Wayne, Ypsilanti, or Ann Arbor to get his truck detailed. He said Nassar cooperates with the township.
Trustee Tim Rush said in the seven years he’s been on the board, the board typically never turned down a recommendation of the planning commission.
He said the commercial business in the middle of residential zoning is spot zoning and once the board sets a precedent it “might come back to haunt us.”
Township attorney Rob Young said the board must decide whether it is going with its ordinance.
“If you start spot zoning … you’ve neutered your zoning ordinance,” Young said.
He added that the supporters of the rezoning say that the township needs development and it does when it is in the right place and consistent with the ordinance.
“The board can do whatever we want, but it smells like future litigation,” trustee Rush said.
Trustee Matthew Oddy, who is board liaison to the planning commission, said the future master plan sees the area as residential.
Supervisor Bowman said Belleville is spot-zoned from Hull Road to I-94.
Treasurer Bart Patterson said he attended the planning commission meeting where this was discussed and there were quite a few people against it.
He said supporters of the project want to go against the master plan and the ordinance.
Trustee Frazier said there are not very many residents down there near the site. He said he was in support.
Supervisor Bowman said a detail shop can’t be offensive.
Trustee Oddy said the rezoning application said it was for a used car lot, which also had a detail shop and a three-bay repair shop. There have been miscommunications because in the planning commission they were told three bays of repairs.
Also, he said, as far as Bowman saying it would be back from the road and not seen, a used car lot can’t be back from the road and the cars have to be seen.
Nassar said it will be a detail shop, tire shop, and vehicles ready for sale, and no repair to vehicles. He said the new building would be state-of-the-art with a big window.
Trustee John Honey asked if the people who came to speak in support of it live right there. He said those at the planning commission who complained lived right near the site.
Trustee Honey said there was nothing but junk cars where Nassar “was supposed to be.” He referred to 25891 Sumpter Rd., a car repair business that Nassar bought from John Chapman. That address was not on the agenda, but Nassar has asked the planning commission for a special land use for the property and meanwhile has been bringing in a large number of cars.
A neighbor to the former Chapman site, Kay Harris, was present at the meeting to object to Nassar’s request, not realizing his request for the site next door was not on that night’s agenda.
Near the end of the meeting, she handed a hand-written request to trustee Honey who read it and passed it down the table for each board member to read. It was a formal request that fire walls be constructed at 25891 Sumpter Rd. She said she feared fire in his auto lot could start from lithium batteries. She said all the lots on Sumpter Road have woodland in the back and once that area is dry around August, fire would burn there like it did in California.
In other business at the May 27 meeting, the board:
• Heard the township’s new finance director, Julie Campbell, give her first report. She said the township got a royalty check in April for $184,626, which was $11,000 more than it was a year ago in April. She also gave a list of allowable and unallowable expenditures of township funds. Not allowed are charitable donations, paying for private ambulance/EMS, picnics not authorized by law, coffee and food unless it is open to the general public, retirement parties or recognition for employees, legal expenses to assist residents, private roadways, per diem payments when on a salary, and flowers to sick or departed. Money can be spent on celebrations for Veterans Day and Memorial Day, historical activities, young centers for juvenile delinquents, senior citizens 60 years and older, government membership dues, government employment education, and mileage expenses when on township business. Clerk Don LaPorte said officials know these rules, but sometimes forget;
• Heard a brief report from financial advisor Sean Wall on bonds that could be sold to fund some $3.5 million in water lines on Willow Road and other locations. He said bonds could be sold in a series. He said the $3.5 million needed could be sold over 20 years to pay back, which would be $4.25 million with interest. Engineers are doing surveys on the project. He said the next step would be a notice of intent resolution. He said from resolution to sale would be 4-6 weeks;
• Heard Anthony Burdick’s final township manager report, since the new manager Ken Marten will be taking over. Burdick said he will be an advisor;
• Heard Public Safety Director/Police Chief Eric Luke tell of the conference he attended in Grand Rapids of the Police Officers of America Michigan where he was named Administrator of the Year. He showed his award and said he shared the stage with 27 Officers of the Year;
• Heard supervisor Bowman remind everyone that the Kids’ Fishing Tournament is June 7 at Banotai Park and “mosquitoes will be all over us.” Someone called out from the audience to “use Off.” The derby is from 9:30 a.m. to 2:30 p.m. Also, the next Forgotten Harvest is 2:30-4:30 p.m. or until the food runs out on June 9;
• Heard trustee Rush announce the last Council of Western Wayne meeting before summer break will be at the Sumpter Township hall at 9:30 a.m., June 13. He said the CWW represents 18 communities and a lot of information is available at the meetings;
• Heard Department of Public Services Director Ronald Tabor give his first report. He said spring cleanup is being done at the parks and cemetery and water testing for lead and copper will be done in July and those wishing to participate should contact his office;
• Approved building department updates for phase 1 of a project to make the public use of the department more friendly. A request was made for direction on expired permits and how far back does the township want to go? Do they want to close them out or go after everyone. It was explained after six months if the project is not started the permit is expired. It was suggested either the ordinance should be revised or the expired permits closed out;
• Approved going out for sealed bids to apply commercial epoxy floor coating in the fire department after the proper bid packed has been put together and approved by the board for posting;
• Approved a resolution on Poverty Exemptions as required by the county;
• Approved the planning commission’s recommendation on amendments to ordinances on Single Family Dwellings, Manufactured Housing, and Prefabricated Housing on permitted roof pitch for single-story homes now being 5:12;
• Approved, without discussion, special land use for the expansion of Auto Repair and Collision at 50637 Bemis Rd., as recommended by the planning commission;
• Approved, with clerk LaPorte abstaining, to raise the starting pay of the statutory employee positions of the deputy treasurer and deputy clerk from $3 to $5 above the 90-day union clerk rate effective May 27. It was agreed that changes in the procedure should be made so this doesn’t continue to happen;
• Approved amending the language in the towing agreement with JT Crova regarding services provided to the township;
• Approved a contract with Johnson Sign Co. to research, consult and present rebranding concepts for the Sumpter Township brand logo at a cost not to exceed $3,500; and
• Heard Patterson say he had an agenda item that he asked be removed. The new playscape is going up and the old one needed to be pulled out, with a cost that would have been about $7,800. But supervisor Bowman said he would pull out the old one and save the cost, except for the dumpsters.