16 March. 2007 | Ann Arbor News – mlive.com

Oceola Plan Commission Delays Chemung Hills Rezoning

Board holds off action to assess new information

By Laurie Humphrey – News Staff Reporter

Oceola Township residents hoping to learn the fate of the Chemung Hills Golf Club property will have to wait until April 12 following a second postponement by the township Planning Commission. The seven-member board unanimously tabled a request to rezone the site from recreation to residential which would make way for 286 single-family homes.

"Our role is to make well-informed decisions,'' said Planning Commission Chairman Robert Simpson. "I think we really need to review this (new information,) and be prepared (for a potential lawsuit).''

Two subgroups were formed to determine potentially adverse effects on the environment and traffic situations if the rezoning was granted and the proposed homes built. Information from those groups was shared last night, as well as a report created by community planners McKenna Associates Inc., which was delivered by planner Sally Hodges.

Citing 11 pages of documentation, the report "recommended denial of the rezoning.''

The report covered these issues:

• Inconsistent density with neighboring parcels;

• No show of good faith by the land owner to make money from the property under its current zoning;

• forced alteration of the township's Future Land Use Plan.

Thomas Kalas, attorney for Chemung Hills Properties, who also just received the information from the two subgroups and community planner, appealed to commissioners. citing inconsistencies with neighboring parcels.

"The density we are requesting is equal to what's in the Villas of Oceola,'' he said, referring to the parcel to the east. "(This report) is inconsistent with what the township has done in the past.''

Township records show the request to rezone the 150-acre parcel already is more than three years old, and the proposed housing development lists an anticipated 2009 completion date. As a result, planning commissioners questioned the harm in waiting another month to give them more time to review new information.

"What's another month? It can't hurt the community to go into more detail,'' said Commissioner Sherry Mixter.

"If the township needs some additional time, I have no problem with that,'' said Kalas following the meeting. He quickly cautioned that too long of a delay would result in court proceedings, with "money damages that are meant to cover the delays.''

The handful of residents who attended the meeting left with little comment, although some are bracing for a lawsuit.

Ned Bowler proposed setting up some sort of legal defense fund, by creating a half-mill tax, to use "when you find a piece of property you feel is worth saving.''

In light of the recently failed Howell Recreation Authority millage, commissioners were cool to the idea.

Laurie Humphrey can be reached at lhumphrey@livingstoncommunitynews.com or 810-844-2003.