Comp Group LLC parcels , , and , shown as 1, 2, & 3 on the attached map. Address is 627 A-Ga-Ming Dr.

Transcription

1 Torch Lake Township MaiLing Address: Shipping Address: P.O. Box N US 31 Eastport, MI Kewadin, MI Office 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 plus the 32 other parcels numbered 002 through 032 (fourth set of digits). Shown as 6 on the attached map. Comp Group LLC parcels , , and , shown as 1, 2, & 3 on the attached map. Address is 627 A-Ga-Ming Dr. A-Ga-Ming Golf Resort LLC parcels and , 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 bbriggs@torchlaketownship.org. 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) Bill Briggs Zoning Administra George Parker Kathy Windiate Sharon Schu(tz Alan Martel Larry Tom(inson Supervisor Clerk Treasurer Trustee Trustee

2 THIS IS NOT A SURVEY This map is to assist on property location and NOT GUARANTEED for accurate survey and boundary measurements ,200 Feet 1 inch 600 feet I N JAN 2 4 ~JJJ3 365 AGAMING 460 The Cabins ata-ga-ming Golf Resort 480 The Vistas of Cedar Hollow Condo 482 Cedar Hollow Condo 580 Fairway Ridge 655 Lakeview Ridge 685 Maplewood Ridge 690 Maplewood Ridge II 750 Sundance Trail Condo 010:25 Torch Lake Township I)Z)?)L~ c)~ a. Section 1 T.30N. R.9W.

3 APPLICA TION FOR REZONING REAL PROPERTY TO A PLANNED UNIT DE VELOPMENT CLASSIFICA TION ~VJAN 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: (Parcel 1), (Parcel 2) and (Parcel 3). Parcel 1 contains 8.24 acres. Parcel 2 contains 8.52 acres. Parcel 3 contains 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: (Parcel 4) and (Parcel 5). Parcel 4 consists of acres. Parcel 5 contains 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: ~ , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , and 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 A. 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. B. 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

4 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. C. This Application is being submitted by all the owners of Parcels 1 through 6. D. The proposed uses for Parcels 1 through 6 are consistent with the Torch Lake Township Land Use Plan. SECTION 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 B. 2 b. through i. As required under the provisions of Section 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 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

5 c. The provisions of this subparagraph will be addressed below as part of the discussion involving Section d. The provisions of this subparagraph will be addressed below as part of the discussion involving Section 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 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 ( 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 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

6 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

7 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 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

8 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

9 SECTION B. Any reasonable conditions to be attached by the Planning Commission will occur subsequent to the filing of this Application. SECTION C. The provisions of Section 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 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 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

10 SECTION 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 and the address for the Trust is 3134 Sara Lane, Hamilton, MI The telephone number for Comp and AGM is and the telephone number for the Trust is 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 ~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 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

11 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 acres, the real property owned by AGM consists of 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 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

12 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 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

13 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

14 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

15 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, SIGNA TURES OFALL APPLICANTS ON THE FOLLOWING PA GE 13

16 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 // U V