Thank you to the many neighbors who wrote multiple letters, stamped postcards, distributed pamphlets and attended meetings. A very special thanks to those who braved public opinion and spoke at the township meetings! The Superior Charter Township meetings have come to an end, but not our efforts. Please stay tuned for Plan B!
What's happening at 3900 Dixboro Road?
In February 2023, several neighbors in the On Fleming Ridge subdivision received notification from Garrett's Space, a local non-profit organization, of their contract to purchase 3900 Dixboro Road and of their intent to develop the property into a residential mental health facility. Since then, it has been a difficult, drawn-out process with multiple meetings at the Superior Township Town hall. The more questions we ask about the rezoning, the more pushback we receive.
Why are we opposed? The rezoning directly conflicts with the Superior Charter Township Master Plan and Zoning Ordinance. Previously, the township has relied on these documents to prevent over-development and preserve the rural atmosphere in Superior Township. Now, the officials appear to be ignoring these same ordinances in order to support this rezoning. This change in direction should be a concern to all township residents.
News 7/17/2023: The rezoning amendment passed with a vote of 5 supporting the rezoning and 2 opposing. Although we are disappointed, we are heartened that the Township Supervisor, Ken Schwartz, opposed the rezoning with a well considered speech. Below is a transcript of the speech presented at the Trustee Meeting:
Tonight we are going to make a decision on the rezoning of 3900 Dixboro Road from the current A-2 zoning district to Planned Community (PC).
We are all familiar with the facts of this rezoning and the various sentiments surrounding it.
From my point of view, this matter requires an analysis of the relationship between Master land use plan, and the adopted zoning ordinance, and the past practices of this Board which has been already upheld in court.
The township master plan sets forth the vision and the goals for land use within the township, while the zoning ordinance provides the specific regulations and restrictions for land use within different zones and districts. Zoning decisions should be consistent with the master plan to a large degree to ensure coordinated and planned development; but the Master Plan is not an absolute document without flexibility. The same can be said under the zoning ordinance when rezoning from one zoning district to a Planned Community district.
Even though the Master Plan and the Zoning Ordinance allows for flexibility with decision making, the overriding issue is to ensure that the zoning decisions and zoning amendments are consistent with the adopted master plan, to the extent we deemed practical and proper. Therefore, our rezoning decisions should generally align with the land use recommendations and goals outlined in the master plan.
Ultimately, the Board must weigh the potential benefits of the proposed rezoning against the goals and policies of the land use plan. The Board should consider the potential impacts on the community, the overall vision for land use in that part of the community, and the long-term implications of a rezoning decision.
The level of scrutiny and the weight given to the master plan in the rezoning process may vary depending on the zoning ordinance, community values, and the specific circumstances of each case.
The parcels in question are divided into single family lots zoned A-2. Under the current master plan future uses map and language, these lots are grouped and regulated under Agricultural, Conservation and Rural Residential activities.
The future land use map designates this area as Rural Residential.
Rural Residential Growth Plan. Map and Language
“The white areas around the western and northern parts of the Township are principally used for large lot rural residential development with a few farms along the border with Salem Township. A mixture of agricultural, rural residential, and resource conservation zones are present. This pattern is encouraged to continue.”
The Zoning Plan Implementation
Chapter 7 of the Master Plan lists the zoning districts and the general purposes of each district.
This Master Plan sets forth the goals, objectives, and policies for future growth and future development in the Township. The Zoning Plan is intended to guide the implementation of and future changes to the Township Zoning Ordinance.
Rural Residential Districts- Permitted Uses
The principal purpose of the Rural Residential District designation is to accommodate the large demand for land suited for large-lot single-family use served by septic systems and private wells. Most of this land was formerly farmed, and some of it still is in agriculture, which is a permitted use. Dwellings are permitted on individual lots ranging in density from one dwelling unit per two (2) acres to one (1) dwelling unit per acre. The land zoned within these districts generally conforms to the area designated as “agricultural lands, conservation or rural residential” or “rural residential” on Map 6-4, Future Land Use.
The Master Plan states continues: “Isolated and abrupt changes in land uses … are not recommended as a sound planning and zoning practice.” In other words its incompatible with the character of the area.
Moreover, rezonings inconsistent with the Master Plan should only be considered where specific findings are made that demonstrate conditions have changed significantly since the last plan was adopted or new information supports a change. In such cases the township should consider an amendment to the master plan first.
MASTER PLAN CONCLUSIONS:
As relating to this matter, in my opinion, after listening to the advocates and the opposition, and after reviewing the proposal in the context of the Master plan and zoning ordinance I think the proposal is inconsistent with the master plan. The proposed planned community is not residential in nature but includes dormitories, offices, food services and private offices for counseling. The rezoning could significantly change the pattern of development in this part of the township. Other well built out facilities, like Ferris Farms, horse farms and orchards and other large agricultural parcels in the area could be encouraged to follow suit and have other nonresidential uses in mind inconsistent with the for the established pattern. My main concern is the area plan calls for new construction of future dormitory-like buildings to house young adults for transitory periods of time and in my opinion that issue was raised in the past and the Board allocated other areas in the township for such uses.
The Master Plan has considered the uses proposed by the proponent. The zoning ordinance accommodates such uses, but clearly not in the Rural Residential Planning District. Uses similar to the uses proposed in the area plan are permissible and or conditional in other districts. Uses such as dormitories, Elderly Housing, Adult Assisted Living, State licensed facilities and inns or hotels are provided in the Medical District and only in the medical district to such a point as to convince me that the uses requested in the area plan under consideration were never contemplated for this area - even under a Planned Community District.
Master Plans and zoning ordinances can be interpreted narrowly or broadly; and in Superior Township, for at least 45-50 years we have had a more narrow but reasonable interpretation of permitted future land uses and relied heavily on the plain words of the Master Plan to guide development, especially north of Geddes Road.
In 2021 Salem Township sued Superior Township. Salem township attempted to persuade the Circuit court Judge that Salem had a right to build a force main sewer line over 8 miles of Superior Township lands.
Superior Township’s opposition to the sewer line rested primarily on how that sewer would impact our future land use decisions and our current zoning and planning. We touted that Superior Township holds the line against development inconsistent with our Master Plan, and that our Master Plan is thoughtful and has the backing of our residents. So far we have been successful in defending that lawsuit, but I would like to make a statement from ICLE’s publication, “Michigan zoning, planning and land use. A treatise for attorneys."
Courts reviewing land use laws and ordinances are presented with a difficult task. Overall experience has demonstrated that the courts look to determine if decisions were based upon arbitrary decision making. In other words, courts generally find greater understanding and respect to for local zoning actions where there is a pattern or track record on part of the local government to legislate consistent with a well-founded master plan.
The treatise went on to state:
“Where a local government shows a pattern of enacting zoning changes in conflict with it master plan and merely pays lip service to planning as a foundation for its zoning decisions, it may well have an uphill battle in arguing that the court should enforce those zoning actions with great respect.”
In the Salem sewer battle we denied Salem’s application to install the sewer. The major factor was the Board of Trustees followed and respected its own master planning objectives.
I know this cases is emotional, and everyone wants young adults in need to receive the best care possible. A decision to deny the rezoning doesn’t comment on the need, importance and propriety of the proposed activity, but says its going in the wrong location if we are to be consistent with a half century of land use planning that has served every resident very well. Therefore, I will be voting no.
Who We Are
Warren Road, east of Dixboro, in Superior Township, is the perfect respite from the bright lights of nearby Ann Arbor. The area is zoned residential and agricultural, and at first glance, one is struck by the solitude, beauty and rural nature of the area. But looks can be deceiving as over 200 families call this census tract home. The area is mix of young and old; one third are the residents are 19 and younger and almost an equal amount are over 60.
While the uninitiated may feel as though virtually no one lives here, many driveways lead to multiple country homes and on a sunny day, one is likely to find walkers, cyclists, joggers, families and even our local nuns out in force with Warren Road serving as the primary artery. And in spite of the isolation, or perhaps because of it, the residents have also become supportive friends and neighbors. Folks keep in touch with annual potlucks, Halloween hayrides, and active email contact. It is a civic-minded group, with 80% turnout in the last presidential race. We truly are a "small group of neighbors".
Garrett's Space would like you to think of us as NIMBYs (Not in My Backyarders) so they can skirt around the legal issues at hand. They would like to portray us as fearful and uneducated to take attention away from the fact that "Planned Community" zoning is not applicable to the project they have submitted. They revert to their "society needs this" reason whenever an answer is not beneficial to their cause.
The Superior Township Master Plan Growth Management Strategy says that future zoning and development should encourage the continued mixture of agricultural, rural residential, and resource conservation zones. This what brought the residents here to begin with and this is their expectation for the future.