The 13th Circuit Court has upheld a Centerville Township’s Zoning Board of Appeals (ZBA) decision regarding a controversial development.
Judge Kevin Elsenheimer has ruled that appeals’ board members were correct when they upheld the planners’ rejection of request from Northgate-Leelanau Pines to expand the former Leelanau Pines Campground.
In 2022, Northgate-Leelanau Pines appliedto expandthenumberof sitesat the park from 170 to 342 lots; construct a waterfront pavilion, marina store, boathouse, swimming pools, a splash pad, mini golf, jump pillow, sports court,walking trails and boardwalks. Renovation of the existing camp office and restrooms, a game room, bathhouse and laundry facility was also planned.
During public meetings in August, September and October of 2022, the Planning Commission heard the concerns of township residents as well others living outside the township along Lake Leelanau, opposed to the proposed expansion. Among those opposed was the LLLA, whose representatives regularly attended the Planning Commission meetings.
Among the biggest concerns was the lakefront development’s impact on nearby Rice Creek and Lake Leelanau.
Township planners denied the permit saying that plans to expand were inconsistent with the township Master Plan and that it is not in line with the preservation of the “scenic aesthetic” assets of the township.
Northgate filed a lawsuit against the township asserting that planners denied the company’s constitutional rights and the rights for use of its property — making up its mind before completely reviewing them and ultimately rejecting plans to expand.
In a settlement, Leelanau Pines was to submit a revised site plan that limited the number of new campsites to 150 new campsites in two phases — 98 in the first with the remainder in the second phase. It also capped the number of boat slips at 82.
However, the agreement was contingent upon the Planning Commission’s approval of the permit by its November meeting and preserved Northgate’s right to resume the lawsuit. The permit was denied.
Planning Commissioner Chair Lindy Kellogg was pleased with the court’s decision to uphold the ZBA decision.
“It’s good news,” she said. “Of 17 standards, the judge found just two that he thinks we could have granted with conditions.”
The next option for Northgate is to appeal the case to the state Court of Appeals.
