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March 24, 2004ACME: Judge nixes town centerDeveloper can appeal rulingByRecord-Eagle staff writer TRAVERSE CITY - Acme Township resident Dick Smith didn't see a "town center" in the mega-development plan the township board approved last fall for land along M-72. "It wasn't a town center - it was a shopping mall," he said. Smith and others in Acme hailed a ruling from Circuit Judge Thomas Power Tuesday that reversed the township board's November approval of a conditional special-use permit for The Village at Grand Traverse, a 182-acre development site on the south side of M-72 near Lautner Road. The conceptual plan included nearly 1 million square feet of development space including big box anchor stores, smaller shops and retail buildings, a hotel, government offices and upwards of 300 housing units. "We've very excited - we couldn't be happier," said Erick Takayama, vice-president of the Concerned Citizens of Acme Township. The group sued the township and project developers over the plans, claiming they were inconsistent with the township's original "town center" vision - similar to small area downtowns like Elk Rapids or Suttons Bay. "All along we said (the township) violated the regulations in place to preserve the master plan," he said. Power ruled the township's town center ordinance conflicted with state zoning laws because it precluded other sites from being considered even if they met other ordinance requirements. Township attorney James Christopherson said the board's approval was reversed because of a "minor technical defect" in the town center ordinance. "He made a very technical legal ruling that there really isn't any case law on one way or another," Christopherson said. The township board could amend the ordinance, appeal Power's decision or pursue both, he said. The Village at Grand Traverse - the town center developers - could also seek an appeal. Township supervisor Dave Amon said he had "no idea" whether the township board would appeal. The township board's next regular meeting is April 6. He referred other questions to Christopherson. Concerned Citizens attorney Chris Bzdok said the ruling was crucial because it should lead to more public involvement in the development of a town center project. "As a practical matter, I believe this decision means they have to create a zoning district for the town center," he said. "If they do that, we have an opportunity to put that proposition to a vote." The citizens group added a complaint alleging the township violated the state Open Meetings Act by using a subcommittee group that held a series of non-public meetings on the town center plans. Bzdok said he didn't know if the citizens group would continue to pursue that claim.
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