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The
Genoa Township Board
Public Hearing
August 11, 2004
MINUTES
A public hearing of the Genoa Township Board and the Planning
Commission was held on Wednesday, August 11th to discuss an alternate
plan for the Faulkwood Golf Course property.
Supervisor McCririe called the Public Hearing of the Genoa Township
Board to order at 7:00 p.m. at Three Fires Middle School. The Pledge of
Allegiance was then said.
The following persons were present representing the Township Board
and Planning Commission: Gary McCririe, Paulette Skolarus, Robin Hunt,
Jim Mortensen, Todd Smith, Mark Snyder, Teri Olson and Curt Brown. Also
present were Township Manager Michael Archinal, Township Attorney Rick
Heikkinen, Joe Galvin (Miller Canfield Paddock & Stone), Township
Planner Kelly Kolakowski, Brad Strader and Jeff Purdy of LSL, and
approximately 60 persons in the audience.
Attorney Joe Galvin addressed the board and audience. Galvin We are
here to discuss the future use of the land that the existing golf course
is on when it ceases to be a golf course. Landtec is going to the ZBA
for a use variance. The law states that they must exhaust their
administrative remedies, which they are doing. The township denied the
petition but it does not mean that the problem is resolved. Landtec must
show at the ZBA that there is no viable use of their property under the
current zoning. We do not think they can do that. But for tonight,
assume the golf course may not be a reasonable use for their property
under the current zoning. We are here tonight to talk about an
alternative and reasonable application for the use of this land. The
Township Planners will present basic background information. Then
residents will be asked for their comments.
Jeff Purdy, Planner (LSL) We want to discuss a feasible development
that would be acceptable to surrounding residents. That is why we are
here this evening. Along Hughes Road there are many different types of
residential use: high density, residential homes, and detached condos.
Our ordinance requires new development less than 18,000 sq. feet to be
served by sewer and water. One to five acre parcels do not require those
utilities. Hughes Road is a narrow 2-lane road with increasing traffic,
however, the road commission has determined that it is not as yet at
capacity. This site contains natural wetlands and ponds, and other areas
have a high water table that would require municipal sewer and water.
A call to the public was made with the following response: Unknown -
Why not a golf course? Galvin Yes. The golf course is viable, but
development pressures exist and this is the opportunity for you to
present your concerns and recommendations. What do you think would be a
good viable use other than a golf course? Glen Nelson Does Landtec own
this property? McCririe No, but they have received authorization from
the owners of the golf course to seek a rezoning. This forum, tonight,
is being used because quality of life is the issue. Nelson The GUARD
has proposed that the golf course be purchased by Oceola and Genoa
Townships to retain the existing use.
Ron Rogers We are trying to get our proposal on the ballot to
purchase the land as a park. Should the township purchase the land and
run a golf course; it could prove to be a revenue provider. Once this
property is developed it is gone forever. Other communities own golf
courses. Three of the existing 14 golf courses in Livingston County are
asking for rezoning. Ed Altounian Genoa Township has grown and the
present owners have let the golf course run-down. Chemung Hills is
trying to obtain a liquor license and they are packed. The township
should consider the purchase and lease of the site with group
management.
Jack Pike We have listened about the poor economics of golf
courses, yet they continue to be built. Genoa Township should make a
concerted effort to retain this golf course. Frank Quigley I agree
that this county needs golf courses and parks. We are expected to grow
400% in the next 20 years. The county and not just the township should
be interested in keeping this property open. Was there ever a proposal
that involved 300 units with the retention of part of the golf course?
Purdy That is an option that we are here to discuss tonight.
Steve Wildman The golf course is real cheap. They did not want to
be part of the original sewer special assessment district so why should
we re-design our existing facility to accommodate them now. Fred Jones
I used to play golf with the past owner. Someone should go through the
books to determine how profitable the company really is. The park does
not shut down on Labor Day as has been stated. They continue to do
business and receive revenue in September, October and even November.
Tom Bahen No doubt growth is coming to Genoa Township and we need
recreation. I am concerned with the capacity of our aquifer and water
table. One thousand condos would create a huge problem for the
surrounding area. Is it true that Landtec says they were denied sewers?
McCririe No application was made by Landtec to bring that property
into the sewer district.
Bahen How can you make the owner show a financial burden if they
want to sell? Galvin The rule of law to grant a use variance requires
the property owner to show the inability of the parcel of land to
generate a reasonable return under the existing zoning. They must show
that they cannot use the land within the district.
McCririe The property has been sold to Landtec through the purchase
agreement. It may be available to us at some time in the future; it is
not available now.
Andrew Lutman My first choice is a golf course. Should this
property be developed in another manner, I would like to see a low
density (250 single family homes), cluster type development with high
end housing, walking paths, parks, open space with sewer and water.
William Billmeier We have enough dense development in this area.
Without municipal sewer it should be limited to two or three acre
parcels. History has already shown us that their development of a septic
system will only fail.
Walter Ogle I dont like to see a golf course with homes around it.
Faulkwood is considered to be one of the finest in Michigan. Claire
Bahen I have written a letter to Kelly Kolakowski that I will restate.
50% of the land should remain open space, with tree-berms between the
existing residences. The developer should be responsible for irrigation
and the paving of Golf Club with at least a new base coat.
Frank Quigley Landtec says they have a right to make a profit.
Galvin Landtec doesnt have a right to make a profit. The property
owner has a right to a reasonable return on the land. Landtec has the
right to go to court. We have to look at the bigger picture and what
happens if
The ZBA can deny and Landtec must prove their case. Quigley
- The existing roads are not anywhere the condition to accommodate this
development. Galvin You cannot place that burden on Landtec because
they have not as yet impacted those roads. Quigley Then lets have 100
houses with sewer.
Don Green You have got to feel for the people who at the last two
meetings asked that you just say no. I have lived here for 29 years
and Hughes Road cannot handle more traffic, neither can Golf Club or
Latson. Fred Jones I didnt realize the property was sold. McCririe
They have a bonafide purchase agreement on the land, but it has not
closed. We dont know the terms of the agreement. Jones Is there water
available for this development? McCririe The Township controls the
sewer and water. Jones Please keep any development low density. Dont
you people deal with the road commission? Years ago we asked for
bike/walk paths along Hughes and the L.C.R.C. said no but now we can put
more traffic on Hughes. Galvin Our Planners know the statistics about
road capacity. The engineers indicate that the road still has capacity
for more traffic. We are the good guys here. Purdy Any new development
requires a traffic impact study. We look at that in contrast to the
current capacity. We often require additional improvements after review
of the impact study. Strader Traffic would not be a good reason to
deny a petition simply because they were the last parcel to develop.
Glen Nelson I work at Oakland County golf courses with much higher
figures. Golf courses generate five-digit income on many days. Sharon
Mendelson Have we had counsel working with Landtec, who has a poor
reputation. The purchase agreement would be contingent on rezoning with
a limited time frame. Have you prepared documents about previous
projects that they have developed? Galvin One-year would not be
unusual for a purchase agreement. The issue is whether the zoning allows
the owner a reasonable return.
John Zimmerman There was a plan to have 75 residential units on
each side of the road. What if they wanted to strip the land? Galvin
The law and the Constitution says that an owner must have reasonable use
of the land. As an example land with an agricultural zoning may not be
reasonable just because a person is a poor operator of the business. The
point is not a verbal game; it is an economic reality. This is a serious
challenge with a public recreational zoning the argument for rezoning
is not unreasonable. We are asking for alternatives to the golf course.
Joyce Matevia There is a nice sub on Hughes Road with ponds, trees,
greenways and clustering of homes. I am concerned with the destruction
of the existing land, trees, ponds, etc. We have sewers to protect our
lake. Whatever you do keep it far away from the lake. I work with Handy
Township and the future golf course should retain at least nine holes.
Joann Kimblack I am disappointed. I had understood that the
development was totally shot down. Why cant this land remain a golf
course? Why cant the township purchase the land? I am concerned with
density, and traffic. We should maintain it as it is. Do we need to
choose an alternative here tonight? Its always about the money what
about the impact to Lake Chemung?
Ed Altounian Where is the nearest baseball diamond? We dont have
any parks. A bare minimum of 20 acres should be set aside for parks
without disturbing the green space. George Theleritis I moved here a
year ago and look at the 15th green - from the time
I get up in the morning until I get home from work it is busy. I love
that golf course. Progress is progress, but at what expense. Is Landtec
in a good position? Galvin I think they have a long fight ahead of
them. George Theleritis - Please come into our neighborhood and see what
is there. We dont want it taken away. The GUARD will support you 100%
if you fight for us.
McCririe Times change, residents change and the
board changes. We unanimously turned down the re-zoning request. We also
want your opinions as to what would be a feasible use for the future.
This will be an expensive fight, but if we lose
it will cost all of us a
lot of money. It could cost tens of thousands or hundreds of thousands.
Thomas McDermot It may cost millions. The next time you have a
meeting, could you send out a mailing.
Gerald Matevia Thank you for your previous
decisions. We know that you are standing up for us. Look at the big
picture. If this development goes through it will mean more impact to
our schools, roads and water system. Please push against this developer.
Robert Huber I am from Lake Chemung Resorts and I have seen
development. This development needs to be controlled. Has anyone
contacted the owner of the golf course telling them of the interest of
the Township? McCririe We were not aware that the golf course was on
the market or of the sale. Galvin A binding contract is in effect with
Landtec. As an attorney I would advise the Township not to contact
Faulkwood.
Gertrude
- Is there a moratorium the Township could
put into place with regard to rezoning? McCririe Generally, that is
not a good idea unless there are extenuating circumstances.
McCririe We will meet again one week from today. We
will go to the ZBA to appeal our case. The Zoning Board includes five
members and they may say yes, no or something in between as a compromise
with Landtec.
The public hearing of the board was adjourned at 8:45
p.m.
Paulette A. Skolarus
Genoa Township Clerk
(PA08/18/04)
Consent Agenda:
Action Items for Discussion:
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