Torch Lake Township

Torch Lake Township
MaiLing Address:
Shipping Address:
P.O. Box 713
2355 N US 31
Eastport, MI 49627
Kewadin, MI 49648
231-599-2036 Office
www.torchIaketownship.org
231-599-2981 Fax
Janauary 24, 2013
Dear Property Owner or Occupant:
You are receiving this notification because either your property will be directly affected, or property
within 300 feet of your property will be directly affected.
The Torch Lake Township Planning Commission will hold a public hearing to consider rezoning the
property generally known as A-Ga-Ming at its regular meeting February 12, 2013 at 7:30 p.m..
Areas for which the application to rezone is under consideration are:
A mostly undeveloped residential are known as “The Cabins” parcel numbers 05-14-460-001-00 plus the
32 other parcels numbered 002 through 032 (fourth set of digits). Shown as 6 on the attached map.
Comp Group LLC parcels 05-14-201-010-55, 010-65, and 010-60, shown as 1, 2, & 3 on the attached
map. Address is 627 A-Ga-Ming Dr.
A-Ga-Ming Golf Resort LLC parcels 05-14-201-10-10 and 05-14-201-10-30, shown as 4 & 5 on the map.
No new construction is planned. The effect of the rezoning, if approved, would be to legitimize the
holding of events, principally wedding receptions, on the site. The PUD zone allows them, but with strict
controls, which the applicant believes will prevent noise or disturbance which would otherwise detract
from the residential ambiance of the area.
The application, plan, and the PRD and PUD sections of the zoning ordinance on the township web site,
torchlaketownship.org, and copies are available for public inspection at the Community Services Building.
The public hearing will be held in the Community Services Building, 2355 US31N, Kewadin, Michigan
49648, about one mile south of Torch Lake Village. Citizens are invited to attend and provide input for
the Commission’s deliberations. Written comments may be directed to the Planning Commission
Chairman, Mr. Jim Walworth, or to the Zoning Administrator, at P0 Box 713, Eastport, MI 49627, or
email [email protected].
Torch Lake Township will provide necessary reasonable auxiliary aids and services to individuals with
disabilities who plan on attending, upon 14 days notice to the Township Clerk. Individuals requiring such
aids or services should contact the Clerk at (231) 599-2036.
Bill Briggs
Zoning Administra
George Parker
Supervisor
Kathy Windiate
Clerk
Sharon Schu(tz
Treasurer
Alan Martel
Trustee
Larry Tom(inson
Trustee
THIS IS NOT A SURVEY
This map is to assist on property
location and NOT GUARANTEED
for accurate survey and boundary
measurements.
0
300 600
1 inch
1,200
Feet
600 feet
N
I
05-14-201365
—460
480
482
580
655
685
690
750
JAN 2 4 ~JJJ3
AGAMING
The Cabins atA-GA-MING Golf Resort
The Vistas of Cedar Hollow Condo
Cedar Hollow Condo
Fairway Ridge
Lakeview Ridge
Maplewood Ridge
Maplewood Ridge II
Sundance Trail Condo
Torch Lake Township
010:25
a.
I)Z)?)L~
c)~
Section 1 T.30N. R.9W.
~VJAN 10 2013
APPLICA TION FOR REZONING REAL
PROPERTY TO A PLANNED UNIT
DE VELOPMENT CLASSIFICA TION
The Comp Group, L.L.C., A-GA-M1NG GOLF RESORT, LLC and Harvey
Elgersma and Janet Elgersma Co-Trustees of the Harvey & Janet Elgersma Trust, ulald
August 30, 2009, the owners of the various parcels of real property referred to below,
submit this Application to rezone the various parcels of real property referred to below
from the current classification of Planned Residential Development (PRD) to Planned
Unit Development (PUD) (“Application”).
The Comp Group, L.L.C. (Comp) is the owner of three parcels of real property
and the tax identification numbers for these three parcels are as follows: 05-14-201-01055 (Parcel 1), 05-14-201-010-65 (Parcel 2) and 05-14-201-010-60 (Parcel 3). Parcel 1
contains 8.24 acres. Parcel 2 contains 8.52 acres. Parcel 3 contains 23.29 acres.
A-GA-MING GOLF RESORT, LLC (AGM) is the owner of two parcels of real
property and the tax identification numbers for these two parcels are as follows: 05-14201-010-10 (Parcel 4) and 05-14-201-010-30 (Parcel 5). Parcel 4 consists of 54.06 acres.
Parcel 5 contains 174.90 acres.
Harvey Elgersma and Janet Elgersma, Co-Trustees of the Harvey & Janet
Elgersma Trust, u/a/d August 30, 2009 (Trust) is the owner of all the units in a
condominium project known as The Cabins at A-Ga-Ming Golf Resort. There are
currently 32 units in the condominium project. The tax identification numbers for the
units are as follows: 05-14-4~0-001-00, 05-14-460-002-00, 05-14-460-003-00, 05-14460-004-00, 05-14-460-005-00, 05-14-460-006-00, 05-14-460-007-00, 05-14-460-00800, 05-14-460-009-00, 05-14-460-010-00, 05-14-460-011-00, 05-14-460-012-00, 05-14460-013-00, 05-14-460-014-00, 05-14-460-015-00, 05-14-460-016-00, 05-14-460-01700, 05-14-460-018-00, 05-14-460-019-00, 05-14-460-020-00, 05-14-460-021-00, 05-14460-022-00, 05-14-460-023-00, 05-14-460-024-00, 05-14-460-025-00, 05-14-460-02600, 05-14-460-027-00, 05-14-460-028-00, 05-14-460-029-00, 05-14-460-030-00, 05-14460-031-00 and 05-14-460-032-00. For purposes of this Application the 32 units of The
Cabins at A-Ga-Ming Golf Resort (“Cabins”) will be referred to as “Parcel 6”. Parcel 6
contains 9.18 acres.
SECTION 15.02
A.
B.
Parcels 1 through 5 are for non-residential uses and Parcel 6 is for
residential use. Parcels 1 through 6 contain twenty (20) or more
contiguous acres in area and are not split by an existing road.
Parcels 1 through 6 are capable of serving the individual uses with potable
water sources and wastewater treatment systems. There are currently
potable water sources available on Parcels 2, 4, 5 and 6. Wastewater
C.
D.
treatment systems are currently located on Parcels 2, 4 and 6. All of the
potable water sources and all of the wastewater treatment systems meet all
of the requirements of the Antrim County Health Department.
This Application is being submitted by all the owners of Parcels 1 through
6.
The proposed uses for Parcels 1 through 6 are consistent with the Torch
Lake Township Land Use Plan.
SECTION 15.04 F.
There may be a question with regard to the required setback along the perimeter
of a portion of the real property to be rezoned located on the north edge along Barnes
Road. As depicted on the Approved Site Plan (as defined below) and the Proposed Site
Plan, which is submitted as part of this Application, there is a small portion which is
approximately 88 feet across (East and West) and approximately 200 feet long (North
and South) and is a boundary line on the East and West side. However, there are not any
improvements located in this area so the issue of the required setback should be moot.
As defmed under the Township Zoning Ordinance, a “setback” involves the location of a
building on the property and then the “setback” is measured from the edge of the building
to the property line. Since there is not a building located in the 88 by 200 foot area
referred to above, there is nothing from which to be “setback”.
SECTION 15.06 B. 2 b. through i.
As required under the provisions of Section 15.06 B. 2. of Chapter XV of the
Torch Lake Township Zoning Ordinances, the following is the narrative statement
required to be submitted as part of the Application. The subparagraphs referred to below
correspond to the subparagraphs of Section 15.06 B. 2.
b. The proposed PUD will be a mixed-use PUD. Parcels 1 through 6 contain
more then twenty (20) contiguous acres. Parcel 6 is the residential component for the
proposed PUD and contains 9.18 acres. There are currently private wells located on
Parcels 2, 4 and 5 which provide potable water for these three parcels. These private
wells have been approved by the Antrim County Health Department. There is a private
well located on Unit 14 of Parcel 6 which provides potable water for the private residence
located on Unit 14. This private well has been approved by the Antrim County Health
Department. There are currently located on Parcels 2, 4 and 5, 3 separate septic systems
to provide for the treatment of waste water and sewage generated from the improvements
located on these three parcels. Each septic system has been approved by the Antrim
County Health Department. There is a septic system located on Unit 14 of Parcel 6 to
provide for the treatment of waste water and sewage generated from the private residence
located on this parcel. The septic system has been approved by the Antrim County
Health Department. Comp, as the owner of Parcels 1, 2 and 3, AGM as the owner of
Parcels 4 and 5 and the Trust as the owner of Parcel 6 are jointly submitting this
Application. The proposed uses for Parcels 1-6 set forth in this Application are
consistent with the Torch Lake Township Land Use Plan.
2
c. The provisions of this subparagraph will be addressed below as part of the
discussion involving Section 15.09.
d. The provisions of this subparagraph will be addressed below as part of the
discussion involving Section 18.04.
e. Except as otherwise set forth in this Application, no request is being made for a
reduction or modification of the dimensional requirements set forth in Section 15.04.F
f. There are no plans at the present time to construct any new improvements on
any of the Parcels and therefore, there are not any planned phases of development.
g. Not applicable. See the provisions off. above.
h. The location, type and size of areas to be dedicated for required open space are
depicted on the Approved Site Plan and on the Proposed Site Plan. The Approved Site
Plan consists of pages 5, 6, 7 and 8 of a Boundary and Limited Topography Survey dated
December 10, 2007 prepared by CMS & D Surveying/Engineering, Job Number 0710214 (“Survey”). The Survey was approved as the as built Site Plan for parcels 1 through
5 by execution on the first page of the Survey by Lee Scott on March 19, 2008 on behalf
of the Planning Commission and by Mike Brown on March 25, 2008 on behalf of Comp
and AGM. On the first page of the Survey the following language was inserted and
approved by Lee Scott on behalf ofthe Planning Commission and Mike Brown on behalf
of Comp and AGM:
“Approval of this survey as an as-built site plan does not imply approval of any
area designated as future development or of any feature not actually shown on this plan.”
Lee Scott and Mike Brown initialed pages 2 through 8 of the Survey. The
Proposed Site Plan being submitted by the applicants as part of this Application is
consistent with the Approved Site Plan.
i.
Not applicable. There will not be any master deed to be used within the
proposed PUD development. The ownership of Parcels 1 through 6 is as
set forth in the Township’s real property assessment records.
SECTION 15.09 A.
1. The proposed uses to be developed with the PUD are consistent with the
Torch Lake Township Land Use Plan. Parcels 1 through 6 are currently
within the PRI) zoning classification.
2. The Approved Site Plan and the Proposed Site Plan set forth the proposed
uses for each of the Parcels. As depicted on the Approved Site Plan and the
Proposed Site Plan, the PUD will be designed, constructed, operated and
maintained in compliance with the area regulations specified in Section 15 of
3
the Township’s Zoning Ordinance. All required landscaping shall be
maintained consistent with the requirements of the Township’s Zoning
Ordinances.
3. Parcels 1 through 6 are currently with the PRD zoning classification and the
proposed uses will not change the essential character of the surrounding area.
There are no current plans to change the use of any of the six (6) parcels that
are the subject matter of this Application.
4. Comp and AGM will be using a portion of Parcel 2, at the location set forth
on the Approved Site Plan and the Proposed Site Plan for the purpose of
providing a setting to allow private individuals to host receptions, meetings
and/or parties for various reasons to include, but not limited to, weddings,
birthdays, fundraising, chamber of commerce events, funerals, golf outings
and other meetings/receptions/parties that are of a nature customarily
incidental and subordinate to the principal use of Parcels 1 through 5 as a golf
course resort. The location for such receptions, meetings and/or parties will
be either in the clubhouse or the tent which is installed over the area covered
by a concrete floor located on Parcel 2 (“Tent Location”). The concrete floor
for the Tent Location is depicted on page 5 of the Approved Site Plan and is
depicted on the Proposed Site Plan. With the exception of wedding receptions
and fundraising events, all of the other receptions, meetings and/or parties will
be customarily held during day light hours. There is not any noise of any
significance generated from any reception, meeting and/or party conducted
during day light hours. Wedding receptions and fundraising events ar~
usually conducted on either Friday or Saturday, with each such event starting
around 5:00 PM and ending not later than 11:00 PM. Events held within the
clubhouse do not generate any amount of noise. Events held at the Tent
Location do generate noise but the level of the noise is effectively managed by
Comp and AGM. Commencing about 2 hours before sunset, the side walls of
the tent are installed along the north, east and south side of the tent in order to
contain any noise generated. Earthen berms have been installed on the west
side of the Tent Location in order to contain any noise generated on that end
of the tent. When music is part of a reception, meeting and/or party, all of the
music is provided by a service which uses only prerecorded music. No live
amplified music is allowed to be played in the tent, the clubhouse or on the
deck of the clubhouse. The person providing the prerecorded music must first
be approved by Comp and AGM and as part of the approval process, the
provider must agree to comply with all the rules established by Comp and
AGM in order to control the volume level of the music. During the period of
time any music is being provided at an event, hourly sound checks are
conducted by representatives of Comp and AGM around the perimeter of the
golf course (e.g. McLachlan Road, Barnes Road and West Torch Lake Drive)
to determine the level of decibels around the perimeter. Based on a review of
noise ordinances of neighboring municipalities, 80 decibels is the standard
amount of decibel level which is permitted under these noise ordinances.
During the time an event is held which includes prerecorded music, a private
security guard is on site to ensure that the participants do not engage in any
4
activity which generates any excessive amount of noise. Commencing at 9:00
PM during an event conducted at the Tent Location which provides
prerecorded music, the volume level is turned down each 30 minutes.
Representatives of Comp and AGM remain onsite to ensure compliance with
the proscribed volume levels until the event is over. As indicated above, all
events terminate no later than 11:00 PM.
5. With the implementation of the noise management procedures discussed in
Paragraph 4 above, sounds emanating from any event conducted at the
clubhouse or at the Tent Location does not generate noise that results in the
unreasonable interference with the comfortable use and enjoyment of private
property within or adjacent to the PUD.
6. The residential use on Parcel 6 is not hazardous to adjacent property.
Residential use does not involve uses, activities, materials or equipment which
will be detrimental to the health, safety or welfare of persons or property
through the excessive production of traffic, noise, smoke, fumes, ground
vibration, water runoff, odors light glare or other nuisance as defined under
any applicable ordinance of the Township. Parcels 1 through 5 are used
predominantly for a public golf course resort and other uses which are
incidental and subordinate to the principal use of Parcels 1 through 5 as a golf
course resort. The operation of a golf course resort has been conducted on all
or a portion of Parcels 1 through 5 since 1976. The operation of a golf course
resort and other uses which are incidental and subordinate to the use of
Parcels I through 5 as a golf course resort will not in any way be detrimental
to the health, safety or welfare of persons or property through the excessive
production of traffic, noise, smoke, fumes, ground vibration, water runoff,
odors light glare or other nuisance as defined under any applicable ordinance
of the Township.
7. As indicated above in Paragraph 3, there are not any current plans to change
the use of any of the six (6) parcels that are the subject matter of this
Application. Since there are not any current plans to change the use of any of
these six (6) parcels, the change of the zoning classification from PR]) to PUI)
will not place any new or increased demands on public services and facilities
in significant excess of current capacity.
8. There are no public vistas located within the PUD and there are no existing
important natural, historic or architectural features of significance within the
six (6) parcels which are the subject matter of this Application.
9. The Proposed Site Plan for the PUD (which is identical to the Approved Site
Plan) does not involve the integration of any portion of any of the six (6)
parcels which are the subject matter of this Application. There are not any
linear trail or park systems intersecting or abutting Parcels 1 through 6.
Accordingly, the provisions of this Paragraph 9 are not applicable.
10. Parcels 1 through 5 have been included within the PRD zoning classification.
Safe and convenient provisions are currently in place for vehicular and
pedestrian traffic within Parcels 1 through 5, as set forth on the approved Site
Plan. The existing parking layouts do not adversely interfere with the flow of
traffic within Parcels 1 through 5 to and from McLachlan Road. Safe and
5
adequate access for emergency vehicles to or within Parcels 1 through 5 and
adequate space for turning around within the improved areas of Parcels 1
through 5 is currently in existence. As indicated above, Parcel 6 is the
location for the Cabins project. All of the issues to be addressed under this
Paragraph 9 have been addressed and approved by the Township as part of the
approval process for the site plan for the Cabins project.
11. Since there are not any current plans to make any changes to the
improvements currently installed on Parcels 1 through 6, there will not be any
greater storm runoff to adjacent property once the six (6) parcels are rezoned
to PUD. All open space located with Parcels 1 through 6 has ground cover
suitable to control erosion. If there is ever any damage to vegetation which no
longer provides erosion control, such damaged vegetation will be replaced.
12. The Approved Site Plan for Parcels 1 through 5, the current approved site plan
for Parcel 6 and the Proposed Site Plan exhibit a reasonable harmonious
relationship between the location of buildings and future building envelopes
on the site. There are no “buildings” on any of the land surrounding Parcels 1
through 6. All improvements surrounding Parcels 1 through 6 consist of
private residential homes.
13. The outdoor storage of garbage and refuse is contained in dumpsters which
are screened from view and located so as not to be a nuisance to Parcels 1
through 6 or neighboring properties.
14. The provisions of this Paragraph are not applicable because there are no
phases of development proposed for Parcels 1 through 5. Parcel 6 is where
the Cabins project is located and the site plan for the Cabins project has
already been approved by the Township.
15. All of the current uses on Parcels 1 through 6 meet all the standards of other
governmental agencies, where applicable. Since the uses of the six (6) parcels
which are the subject matter of this Application will remain the same once the
zoning classification is changed to PUD, all six (6) parcels meet the standards
of other governmental agencies, where applicable.
16. The uses for the six (6) parcels that are the subject matter of this Application
are all permitted uses under the PUD ordinance. Accordingly, all the uses in
the new PUD classification will be consistent with and promote the purpose of
the PUD ordinance.
17. The current permitted uses on Parcels I through 6, which will not change once
the zoning classification is changed to PUD, are compatible with the zoning
and use of adjacent lands. As a result, the permitted uses on Parcels 1 through
6 under the PUD classification will be compatible with the zoning and use of
adjacent lands.
18. Since none of the uses on Parcels 1 through 6 will be changed once the zoning
classification is changed from PRD to PUD, changing the zoning
classification for the six (6) parcels will not adversely impact the environment.
19. Since the uses of Parcels 1 through 6 will not change once the zoning
classification is changed from PRD to PIJD, the proposed PUB will not
unduly burden or exceed the ability of public services or facilities to handle
the anticipated needs of the proposed PUD.
6
SECTION 15.09 B.
Any reasonable conditions to be attached by the Planning Commission will occur
subsequent to the filing of this Application.
SECTION 15.09 C.
The provisions of Section 15.09 C. are not applicable to this Application because
there will not be any required site improvements to be made to Parcels 1 through 6 as part
of this request to change the zoning classification from PRI) to PUD.
SECTION 15.09 D.
At the present time, there are no requests for the Planning Commission to
recommend to the Township Board to waive any of the standards for a PUD.
CHAPTER XVIII
SITE PLAN REVIEW
In the opinion of the Owners, the provisions of Chapter XVIII are not applicable
to this Application because none of the Owners of the parcels of real property that are the
subject matter of this Application are requesting any new land use or development on any
of the six parcels of real property referred to above. Under Section 18.02 a site plan is
required to be submitted and approved by the Planning Commission if any of the
provisions of subsections A. through E. are applicable. The provisions of A. are not
applicable because no new land use is proposed as part of this Application. The
provisions of B. are not applicable because no request is being made for any special land
use. The provisions of C. are not applicable because none of the parcels of real property
which are the subject matter of this Application are proposed for development and
therefore, the provisions of the Michigan Land Division Act are not applicable. The
provisions of D. are not applicable because none of the parcels of real property which are
the subject matter of this Application will be developed as a condominium project and
therefore the provisions of the Michigan Condominium Act are not applicable. Finally,
the provisions of E. are not applicable because none of the parcels of real property that
are the subject matter of this Application are intended to be developed as a Licensed
Upland Game Bird Hunting Preserve. As indicated above, there is afready an approved
Site Plan for parcels 1-5. Parcel 6 is an existing condominium project which has an
approved site plan.
Even though the Owners do not believe that the provisions of Chapter XVIII are
applicable, the Owners submit the following information under Chapter XVIII and the
Proposed Site Plan.
7
SECTION 18.04
l.a. There are three applicants under this Application: Comp, AGM and the
Trust. The address for Comp and AGM is 627 McLachlan Road, Kewadin, MI 49648
and the address for the Trust is 3134 Sara Lane, Hamilton, MI 49419. The telephone
number for Comp and AGM is 231.264.5081 and the telephone number for the Trust is
616.893.8575.
b. Proof of ownership for all the parcels of real property that are the subject matter
of this Application is in the public records of the Township and the Antrim County
Register of Deeds. There are not any options to purchase any of the real property that is
the subject matter of this Application. The real property owned by Comp and AGM is
subject to a mortgage granted to Textron Financial Corporation. The real property owned
by the Trust is not subject to any liens.
c. The execution of this Application by the authorized representatives of each
owner constitutes the signed statement that Comp, AGM and the Trust are the respective
owners of all the real property that is the subject matter of this Application.
d. The signatures of the authorized representatives of each owner are set forth on
the signature page of this Application.
e. The address for all the real property owned by Comp and AGM is 627
Agaming Drive, Kewadin, MI 49648 ~nd the address for all the real property owned by
the Trust is do The Comp Group, L.L.C., 627 Agaming Drive, Kewadin, MI 49648. The
parcel numbers and legal description for each parcel of real property are set forth on
Exhibit A.
f. Not Applicable because the name and address of the developer is that same as
the Applicants.
g. The Zoning Administrator waived the requirements of this subparagraph
because the rezoning from PRD to PUD will not result in any material change to the
existing site structures or use is proposed.
h. All the real property owned by Comp and AGM is and will continue to be used
as part of the golf course business currently conducted Comp and AGM on this real
property. The real property owned by the Trust is and will continue to be used for
residential purposes. There are 5 structures (3 maintenance barns, 1 clubhouse and I pro
shop) and one concrete slab (Tent Location) on the real property owned by Comp and
AGM. The combined square footage for the 5 structures is approximately 15,000 square
feet. There is an office area in two of the maintenance barns, three office areas in the
clubhouse and one office area in the pro shop. There is one residential structure located
on the real property owned by the Trust. There are in excess of 300 parking spaces on
the real property owned by Comp and AGM. There is an unpaved parking area on the
real property owned by the Trust. There are no garages or carports on any of the real
8
property that is the subject matter of this Application. Comp and AGM employ between
6 to 12 full time employees and between 2- to 35 part time employees, depending on
when the golf course opens and closes. The Trust does not have any employees. The
real property owned by Comp and AGM is and will continue to be used for the operation
of two 18 hole golf courses and related activities incidental to and subordinate to the
principal use as a golf course and resort business. The real property owned by the Trust
is and will continue to be used for residential purposes. The amount of recreation and
open space is set forth on the Proposed Site Plan.
i. The real property owned by Comp consists of 40.05 acres, the real property
owned by AGM consists of 228.96 acres and the real property owned by the Trust
consists of 9.18 acres. The total number of acres for all the real property that is the
subject matter of this Application is 288.19 acres.
j. Since there will not be any construction of any new improvements and any of
the real property that is the subject matter of this Application, there is not any project
beginning and completion schedule.
k. There will not be any anticipated impact on the existing infrastructure,
community facilities, natural environment of all the real property that is the subject
matter of this Application or adjoining lands because there is not any new development to
be made to any of the real property owned by Comp, AGM and the Trust.
1.
Comp and AGM will be using a portion of Parcel 2, at the location set forth
on the Approved Site Plan and Proposed Site Plan for the purpose of
providing a setting to allow private individuals to host receptions, meetings
and/or parties for various reasons to include, but not limited to, weddings,
birthdays, fundraising, chamber of commerce events, frmnerals, golf outings
and other meetings/receptions/parties that are of a nature customarily
incidental and subordinate to the principal use of Parcels 1 through 5 as a golf
course resort. The location for such receptions, meetings and/or parties will
be either in the clubhouse or the tent which is installed at the Tent Location.
The concrete floor is depicted on page 5 of the Approved Site Plan and is
depicted on the Proposed Site Plan. With the exception of wedding receptions
and fundraising events, all of the other receptions, meetings and/or parties will
be customarily held during day light hours. There is not any noise of any
significance generated from any reception, meeting and/or party conducted
during day light hours. Wedding receptions and fundraising events are
usually conducted on either Friday or Saturday, with each such event starting
around 5:00 PM and ending not later than 11:00 PM. Events held within the
clubhouse do not generate any amount of noise. Events held at the Tent
Location do generate noise but the level of the noise is effectively managed by
Comp and AGM. Commencing about 2 hours before sunset, the side walls of
the tent are installed along the north, east and south side of the tent in order to
contain any noise generated. Earthen bem~s have been installed on the west
side of the Tent Location in order to contain any noise generated on that end
9
of the tent. When music is part of a reception, meeting and/or party, all of the
music is provided by a service which uses only prerecorded music. No live
amplified music is allowed to be played in the tent, the clubhouse or on the
deck of the clubhouse. The person providing the prerecorded music must first
be approved by Comp and AGM and as part of the approval process, the
provider must agree to comply with all the rules established by Comp and
AGM in order to control the volume level of the music. During the period of
time any music is being provided at an event, hourly sound checks are
conducted by representatives of Comp and AGM around the perimeter of the
golf course (e.g. McLachlan Road, Barnes Road and West Torch Lake Drive)
to determine the level of decibels around the perimeter. Based on a review of
noise ordinances of neighboring municipalities, 80 decibels is the standard
amount of decibel level which is permitted under these noise ordinances.
During the time an event is held which includes prerecorded music, a private
security guard is on site to ensure that the participants do not engage in any
activity which generates any excessive amount of noise. Commencing at 9:00
PM during an event conducted at the Tent Location which provides
prerecorded music, the volume level is turned down each 30 minutes.
Representatives of Comp and AGM remain onsite to ensure compliance with
the proscribed volume levels until the event is over. As indicated above, all
events terminate no later than 11:00 PM.
m. Not Applicable. There is not any proposed Master Deed applicable to this
Application.
2. A Proposed Site Plan is submitted as part of this Application. It is consistent
with the Approved Site Plan referred to above. The Approved Site Plan is on a
scale of 1” to 200’. The Owners request the Planning Commission to allow the
use of the scale of 1” to 200’ instead of the scale of 1” to 100’. Because the size
of all the real property that is the subject matter of this Application is 288.19
acres, using a scale of 1’ to 100’ would result in overly large and cumbersome
pieces of paper depicting the Proposed Site Plan.
a. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
b. Not Applicable. There are no designated areas on the Proposed Site
Plan to be used for the outdoor storage, display or sale of equipment, materials or
merchandise..
c. Not Applicable. There are not any water courses and water bodies,
including county drains and man-made surface drainage ways, floodplains and
wetlands, sand dunes and high risk erosion areas as regulated under Michigan and
Federal law.
10
d. The applicants request the Planning Commission to waive the
requirements of this subparagraph because there will not be any changes made to
the topography of any of the real property that is the subject matter of this
Application.
e. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
f. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph. Since there will not be any new
structures to be constructed as a result of this Application, there are not any
typical elevation views for any proposed structures and buildings.
g. Not Applicable. There are no proposed structures to be installed on
any of the real property that is the subject matter of this Application.
h. Not Applicable. There are no proposed accessory structures to be
installed on any of the real property that is the subject matter of this Application.
i. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
j. See the Proposed Site Plan submitted as part of this Application for the
location of the acceleration and deceleration lanes. There are not any passing
lanes serving the real property that is the subject matter of this Application and
there are not any proposed streets, drives, curb cuts and access easements as part
of this Application..
k. There are not any proposed curbing, barrier free access, carports,
parking areas, fire lanes and lighting. See the Proposed Site Plan submitted as
part of this Application for the information required under this subparagraph
regarding existing curbing, barrier free access, parking areas and lighting. There
are not any carports or fire lanes on any of the real property that is the subject
matter of this Application..
1. There are not any existing or proposed loading or unloading docks or
areas on any of the real property that is the subject matter of this Application..
m. There are no sidewalks, walkways or bicycle paths. The areas for
public use consist of the golf courses, clubhouse and its deck, pro shop and its
deck and the Tent Location where events/receptions/outings will be conducted.
n. The Owners request the Planning Commission to waive the
requirements of this subparagraph to the extent it may be applicable. There will
not be any new water supply lines and/or wells, including shutoff valves, storm
sewers, retention or detention ponds, waste water lines, clean out locations,
11
connection points and treatment systems, including septic systems installed on
any of the real property that is the subject matter of this Application..
o. The Owners request the Planning Commission to waive the
requirements of this subparagraph to the extent it may be applicable. There will
not be any new natural gas supply lines, electrical lines, satellite dish and
telephone lines installed on any of the real property that is the subject matter of
this Application.
p. Not Applicable. There are no proposed common open spaces and
common facilities to be constructed on any of the real property that is the subject
matter of this Application.
q. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
r. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph. There is not any proposed new
exterior lighting locations to be installed on any of the real property that is the
subject matter of this Application.
s. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph. There are not any proposed new
fencing, walls or other screening devices to be installed on any of the real
property that is the subject matter of this Application.
t. There will not be any proposed new perimeter and internal landscaping
or other buffering features. There will not be any proposed new landscape
material. Existing vegetation is set forth on the Proposed Site Plan submitted as
part of this Application.
u. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
v. See the Site Plan submitted as part of this Application for the
information required under this subparagraph. At the maintenance facility located
off of McLachlan Road, there are two (2) above ground fuel tanks, with each tank
installed in a concrete structure which is designed to act as a “collection device”
in the unlikely event the tank leaks. At the maintenance facility located on the
Torch Course, there is (1) above ground fuel tank, with the tank installed in a
concrete structure which is designed to act as a “collection device” in the unlikely
event the tank leaks. South of the pro shop there are two (2) above ground fuel
tanks, with each tank installed in a concrete structure which is designed to act as a
“collection device” in the unlikely event the tank leaks.
12
w. See the ProposedSite Plan submitted as part of this Application for
the information required under this subparagraph. The location of the clubhouse
and the Tent Location provide superior views of Torch Lake.
x. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
y. See the Proposed Site Plan submitted as part of this Application for the
information required under this subparagraph.
z. 1-3 See the Proposed Site Plan submitted as part of this Application for
the information required under this subparagraph. The provisions of z. 4) & 5)
are not applicable.
A. There are not any fire hydrants, underground water storage tanks or
other sources of water suitable and easily accessible for use in fighting fires other
than the various ponds depicted on the Proposed Site Plan submitted as part of
this Application.
The Effective Date of this Application is January 8, 2013.
SIGNA TURES OFALL APPLICANTS ON THE FOLLOWING PA GE
13
THE COMP GROUP, L.L.C.
Michael P. Brown, Manager
AGAMING GOLF RESORT, LLC
The Comp Group, L.L.C., sole member
Michael P. Brown, Manager
HARVEY & JANET ELGERSMA TRUST, ~iJaJd August 30, 2009
Harvey
gers1~, Co-Trustee
(~4~/
~
Jaf1~t Elgersma, Co4frustee
//
V
U