By Dan Shriner
Review Editor
After several months of wrangling, a lawsuit and mediation, the Orion Township board approved a court-ordered mediation settlement Monday night with Bald Mountain Golf Course and Pulte Homes after being told they were engaged in an ‘un-win-able? lawsuit.
The vote means that the Bald Mountain Golf Course will be sold and will become a 343-home development by Pulte Homes. The vote was 5-1, with Treasurer Mark Thurber casting the dissenting vote. Trustee John Steimel was prohibited by the court from voting on the issue due to a conflict.
Seven residents spoke to the board opposing the plan while nine others wrote letters opposing it. Most of those opposed to the development urged the board to follow the township’s master plan, which did not have the golf course zoned initially for single-family home development. Some said their objections were due to density of homes in the project.
The course is owned by the Prieskorn family and they opted to sell the property due to tough economic times, especially for recreational places like golf courses.
The decision by the board also led to some emotion by members of the Prieskorn family, who owned the golf course for 30 years. Several members of the family had tears in their eyes after the meeting.
‘It’s a very difficult thing for us,? Jerry Prieskorn said. ‘This has supported our family for many years. Our entire family works there and it’s tough on us. But, economically, this is something we had to do.?
Prieskorn said the family had been offered more money in prior years but would not sell. He said they wanted the property to be used and developed with high-quality homes in an upscale development.
Pulte and Prieskorn filed a lawsuit against the township in December claiming that the township denied Prieskorn its property rights after the board voted to reject the Planned Unit Development (PUD) on the 236-acres.
The Pulte proposal, which was in discussions for more than a year, was denied after residents cited traffic, overcrowding and home density concerns as reasons that the board should deny the developers? plans.
After the lawsuit was filed, Oakland County Circuit Judge Michael Warren ordered both sides to mediation in an effort to work out an agreement.
At the Monday night meeting, Orion Township’s planner, a traffic engineer, the court mediator and the township attorney representing them in the case, all spoke and recommended acceptance of the settlement proposal.
The court mediator, Tom Ryan, who had been an attorney for more than 40 years and is a past president of the Oakland County Bar and the Michigan Bar, was blunt and told the board their case was ‘Un-win-able.?
‘It’s in the best interests of both parties to resolve this case,? he said.
If the board opted not to accept the proposed settlement, then the concessions made by Pulte would be off the table and the case would proceed in court, Ryan said.
Ryan reminded the board that a master plan is simply a tool and a guide for a board to follow and is not mandatory to follow.
Others told the board that Judge Warren is a strong believer in personal property rights and would likely rule against the township if a lawsuit went to trial.
Ryan told the board that since the golf course is now surrounded by single-family homes that the Pulte development fits with the surrounding area.
Pulte was not seeking development of a factory or office complex, Ryan said, and so the housing development syncs with the adjacent subdivisions.
Township supervisor Chris Barnett said the concessions made by Pulte were significant and include a payment of $400,000 that the township could use to pave Kern Road or for any other road improvements the township deemed necessary.
Barnett and Trustee Neil Porter worked with township consultants and worked in the deliberations leading to the consent agreement. Barnett said it was Porter who secured the $400,000 for future road improvements.
The agreement includes some of the following modifications:
The density is down from 360 homes to 343 on the 236 acres. It comes out to 1.43 units per acre. There are three different lot sizes. The proposal has 118 homes on 55-by-120 feet lots, 147 homes on 90-by-30 lots and 78 on 100-by-140 feet lots. The lowest-priced home is expected to be priced at about $350,000.
The minimum amount of open space will be 31 percent. Township ordinance requires 15 percent.
There will be an additional 17 acres of ponds and wetlands and wooded areas. At least 230 trees outside of the woodlands and wetlands will be preserved.
There will be a redesign of some areas to account for some landmark trees located on the site.
A proposed cul-de-sac closest to Silver Bell Oak subdivision will be moved back to create a larger buffer area.
Lots have been removed from the heavily wooded western edge of the development to preserve some trees.
There would be an estimated 1,200 trees removed during development of the site. These would be replaced with the planting of 2,000 trees.
Pulte agreed to the construction of two little league baseball fields, including parking lots, on the site. They also committed to installing some safety paths along Silver Bell road.
Township planner Don Wortman told the board that he felt the development would enhance the homes in surrounding areas and likely increase their values.
Several residents who opposed the plan told the board that they felt the density of homes in the development were not good.
One resident said he was told by State Senator Jim Marleau months ago that the state could purchase the Bald Mountain Golf Course and that a letter was to be presented to Barnett confirming the purchase offer.
Barnett said he has never seen any such letter and said anything like that would come before the board of trustees.
One resident, Don McClellan, echoed the sentiments of others, saying the density of 1.43 homes per acre was too much and that the board should follow its master plan.
‘Could the density be reduced more?? he asked. ‘Stand up for what the master plan says.?
Resident Jim Gobel, said the development was ‘not in the public interest? and asked ‘What kind of back door deals have been struck??
Township planning officials showed comparisons of neighboring subdivisions? densities per acre that were close to the proposed Pulte development densities.
The Crossings have densities of 1.60 homes per acre. Oakland Ridge and Silverbell Village have densities of 1.8 homes per acre. Stonegate West has a density of 2.60 homes per acre. The Bald Mountain development would be 1.43 units per acre.
Township traffic engineer Jim Stevens said the extra traffic from the development would be minimized by some planned improvement to the intersection of M-24 and Silver Bell road planned by the Michigan Department of Transportation in 2016.
Traffic flow also would be aided by $150,000 Pulte has committed for some right turn lanes on Silver Bell adjacent to the new development. The $150,000 is part of the mediation settlement.
Several board members who previously voted to deny the development said their concerns were answered in the mediation settlement.
Trustee Mike Flood said he previously opposed the plan due to density issues.
‘Density was my concern. Now, I have no leg to stand on. I’m not gonna roll the dice (by denying the settlement and going to court). ?
Trustee Donni Steele said she opposed it previously too but must represent all township residents and not just those opposing the plan.
‘We represent the township as a whole. I believe they should be allowed to sell their property.?
Thurber said he was against the plan because he ran for office on a platform of keeping the township more of a rural community and to limit developments.
Barnett said he was pleased with concessions made by Pulte, which were more than $1 million. He said all of the township’s experts told them the township would not prevail in court, which would cost Orion taxpayers thousands of dollars to fight.
Barnett said previously that the development will be one of Pulte’s largest in Michigan.
‘They are telling us that it will be a premier developments in the country,? he said.