Traverse City planning commissioners Tuesday approved setting a public hearing for November 3 for a special land use permit (SLUP) request from the developers behind a proposed nine-story Pine Street development. After property owners Erik Falconer and Joe Sarafa - along with The Woda's Group Craig Patterson - withdrew their original permit application on September 3 amid public controversy over the project's proposed 96-foot height, Falconer resubmitted project plans under a new SLUP application last week.

While project representative Doug Mansfield told planning commissioners that "substantially the project is the same as the previous submittal," he said developers had "wanted to take the time out to communicate with the public and the agencies involved and some of our nonprofits in the area" about the proposal. Mansfield also noted revised project plans coud allow for 32 additional studio units to be constructed as part of the mixed-used development, in addition to 177 residential units already planned.

Several residents criticized the resubmittal at Tuesday's meeting, pointing out a November 3 public hearing would be the same day as the city election, potentially decreasing that night's turnout and also ushering in a new city commission that would eventually have final say over the SLUP request. "Quite frankly this maneuver by the developers...it's the most cynical, manipulative thing I've ever seen," said City Commissioner Ross Richardson during public comment. "I would suggest you either don't set the public hearing, or you delay it as long as possible, because I don't think they really deserve any more."

Planning commission chair John Serratelli addressed election day concerns, pointing out that the planning commission meets every year on the first Tuesday of November and so frequently overlaps with the election. He also noted polling stations were open from 7am-8pm and that the November 3 meeting wouldn't start until 7:30pm. "If you want to vote, you can," Serratelli told meeting attendees.

Planning commissioners also told residents they were bound to honor city zoning and planning regulations, and were required to schedule the SLUP request for a public hearing if it met the necessary guidelines. "I'm not sure we have a leg to stand on to say no to the public hearing," said Commissioner Linda Koebert. "All the things that are in place tell us that this should be a yes." Koebert also suggested project opponents' ultimate objection might rest with the city's master plan, rather than the development itself.

"If the community is saying to us we need to go back and revisit the master plan...that's a really long process," Koebert said. "By what we have before us, I don't think we can say no." Commissioner Jody Bergman agreed. "We have rules in place," Bergman said, "and the planning commission does have to evaluate the rules that are on the books right now, as a project comes forward."

Commissioners voted 7-1 to schedule a public hearing for the SLUP request for November 3, with Commissioner Bill Twietmeyer opposed and Commissioner Jeanine Easterday absent. However, Commissioner Michael Dow issued a final word of caution to developers. "The bar for setting a public hearing is not the same as the bar for approving a SLUP," Dow said.