Members of the Elmwood Township Planning Commission want a proposed Zoning Ordinance text change allowing a tunnel under M-22 to go away — and not to come back.

The problem of getting people safely across M-22, however, won't go away, and they hope to address it.

Commissioners were in agreement Tuesday that they did not favor a proposed amendment allowing developers of a proposed luxury yacht club and massive commercial complex to build a tunnel under M-22.

The tunnel is needed for West Bay Partners to meet parking requirements in the township zoning ordinance, which requires that parking be provided on the same side of M-22 as the use it serves.

Some seven people spoke in favor of the amendment at a public hearing, with only resident Erik Saxon speaking in opposition. Three others said they were neutral to the amendment while generally offering suggestions for better language.

But township planners sought to take a more in-depth look at a problem acknowledged by everyone at the meeting — getting people across busy M-22 to enjoy West Grand Traverse Bay.

"This isn't a single project issue," said John Noonan, director of the Great Lakes Children’s Museum, which recently moved to a building on the west side of M-22. "I have signs up in my doors that say 'do not cross M-22 on foot.’”

Also speaking was Frank Noverr, who has been a major supporter of the Leelanau Trail. The trail bisects the rear of the development, which is called West Bay Crossings, and developer Ron Walters has promised to open the tunnel for public use.

"We need to find a way to get that Trail access to the bay," Noverr said.

But the process used to come up with the proposed zoning change came under fire by Saxon, who questioned the early involvement of West Bay Partners in writing the text change.

That language, however, was largely discarded, according to Planning Commission chair Jack Kelly, partly because it would have allowed the tunnel as a use by right in the Shoreline Commercial District. A conditional land use permit would have to be issued by township planners to allow a tunnel under language the change before planners Tuesday.

Saxon also questioned why opinions provided by a professional planner from Grand Rapids hired by the township were not taken into consideration.

Val Lazdins of LSL Associates sought a much more in-depth approach to address M-22 safety concerns, suggesting that a long-range plan to move M-22 away from the bay be considered.

Even when it became apparent commissioners considered the one-paragraph text change before them too simple, stopping the process was difficult.

Commissioner Steve VanZoeren offered a motion turning down the text amendment and requiring West Bay Partners to pay for future and past professional fees associated with the tunnel issue. The motion was seconded, but withdrawn in sections as other commissioners questioned how the township could back-charge for services performed on an amendment sponsored by the Planning Commission.

Commissioners were also concerned that recommending against the change would not stop the approval process, instead sending the amendment to the Leelanau County Planning Commission for another recommendation before final action by a Township Board with a history of overturning their decisions.

"I think that's a mistake on our part … the board might go ahead and approve it," said Planning Commission member and Township Board trustee Jeff Howell.

Eventually, the Planning Commission approved two motions — one establishing an escrow account with West Bay Partners to cover future expenses incurred by the township in working with the development, and the second tabling the amendment.

Township planners, however, were aware that the tunnel debate needs to continue.

"I think the public was overwhelmingly in favor of finding safe passage across M-22," said Howell. "I think we should find solutions, and I think it should be a priority."

Walters said the tunnel is essential to the economic viability of West Bay Crossing, as it would allow township-mandated parking for a proposed 29-slip pier to be located west of M-22. No space exists between M-22 and the bay for parking, and the Michigan Department of Environmental Quality will not allow construction of a parking area close to or over the shoreline, he said.

"It's now a gigantic question mark," said Walters. "The nuts and bolts of this thing is the economics only work with a marina."

He also dismissed one objection mentioned against the tunnel proposal, which did not require that public access be guaranteed. Walter said he is willing — and enthusiastic about — agreeing to a provision requiring the tunnel to be open to the public. The problem, however, has been identifying if the township has authority to require private developers to provide public access.

Other details also have to be worked out including responsibility for maintenance, insurance and hold-harmless agreements.

"We want to bring people from the trail to the water as part of the project," he said.

Two parts of the $10 million development are moving forward. Township planners later in the meeting offered few concerns to a preliminary site plan identifying where buildings would be located west of M-22 on the 11-acre property. Included are four boat storage structures and a 46,000 square foot commercial building offering retail spaces, a restaurant, lodge and townhouses.

A board walk is shown over wetlands in the rear of the property to the development's large parking lot.

Preliminary site plan approval could come as soon as the commission's April 17 meeting, Kelly said.

Also, an application to remediate the site through the state Brownfield Redevelopment Program is before the recently appointed Brownfield Redevelopment Authority. The site was contaminated through its use as a gasoline storage area for a Zephyr, a now-defunct petroleum company.