Wednesday, September 22, 2010

Hayes Township Resolution Compliance with Hayes Township Master Plan, Part 1

Last week I looked at the Hayes Towsnhip Planning Commission's resolution to grant the Special Use to the Gamble-Longenecker property on Mostetler Road for a motorized sports facility, zoned A-R(Agricultural/Rural Residential) and how it stacks up against the Clare County Master Plan. This week, I'll narrow the focus to how the resolution stacks up against the Hayes Township's Master Plan. As was the case in the last series, the page numbers refer to the most current Master Plan available to the general public on the Hayes Township Website, dated 2002-2021, adopted on 5 Dec 2001, unless otherwise specified.

Page 1: The purpose of the Master Plan is “to promote public health, safety, and general welfare; to encourage the use of resources in accordance with their character and adaptability; to avoid the overcrowding of land by buildings or people; to lessen congestion on public roads and streets; to facilitate provision for a system of transportation, sewage disposal, safe and adequate water supply, recreation and other public improvements and to consider the character of each township and its suitability for particular uses judged in terms of such factors as trend in land and population development.”

How does the approval of Michigan Moto Mania as a Special Use on the Gamble-Longenecker property on Mostetler Road promote health when one of the neighbors, whose property is adjacent to this motor sports racing and riding facility, has produced a letter from his physician that states that living next door to such a facility is detrimental to his health?

Hayes Township Planning Commission Special Meeting, May 17, 2010 Minutes, Page 2: “It[sic] Park provides for the safety and welfare of property owners adjacent to this property.”

The Hayes Township Planning Commission in its approval of the Special Use to the property (which for all intents and purposes makes this Special Use permanent), has shown disregard for the health and welfare of at least one of the adjacent landowners. Since he is only one member of the taxpaying members of the public in Hayes Township, does his health not count? Or must it be sacrificed for the supposed “greater good” of the rest of the community?  What if he were a member of your family?

How does having a motorized vehicle racing and riding business next door provide for the welfare of the adjacent property owners when their already depressed property values are further depressed on the basis of proximity to such a business? 

How does putting a motorized vehicle racing and riding business literally in the middle of thousands of acres of prime hunting land, and then only closing that business for two weeks of a months long hunting season promote the safety and general welfare of the public?

How does more traffic on Mostetler Road, owing to Michigan Moto Mania, lessen congestion on Mostetler Road?

Page 5-6: Section 2.1.4 Natural Resources: “Some minor topographical features such as hills and river channels are found in Hayes Township, which may pose constraints to land development. Proper procedures for reducing soil erosion and containing water runoff should be utilized when development occurs in these areas.” And Small concentrations of environmentally sensitive wetland areas are scattered throughout Hayes Township…”

The area surrounding Mostetler Creek is one of those topographical features. It is one of the environmentally sensitive wetland areas. Mostetler Creek is one of the lowest elevations in the Township (page 21), and as such receives runoff from the surrounding areas.  Since Michigan Moto Mania is in such close proximity to this environmentally sensitive area, what environmental impact study has been conducted prior to development of the property?
What measures have been put in place to ensure that sensitive habitat has not been destroyed or reduced? What proper procedures have been put in place to reduce soil erosion and water runoff into the Mostetler Creek wetland area since the land was clear cut?

Page 6: Section 2.2: The fundamental community-wide goal of the Township is to “capitalize on the Township’s abundant resources for the purpose of creating an attractive community that meets the physical, social, and economic needs of its residents and businesses in an environmentally sensitive manner.”

How is the clear cutting most of 200 acres of land to make way for a motorized vehicle racing and riding business environmentally sensitive?
Do the ends justify the means when attempting to meet the economic needs of the Township’s residents?  Does this Special Use meet the needs of the Township's residents, or just their desires?
What about the economic needs of the residents whose property is in the vicinity of this motorized vehicle racing and riding business, and whose property values are dropping because of their proximity to this business?

The proximity of Michigan Moto Mania makes parts of Mostetler Road and Deer Lake undesirable places to live.

Page 7: Section 2.3 Future Land Use Plan: "Respecting the Township’s goal of retaining its rural character, the Future Land Use Plan designates the largest percentage of the Township as Rural Residential/Agricultural (58%). The purpose of this district is to preserve environmentally significant forested and open space lands, enhance existing agricultural activities, and discourage inappropriate development."

How does the introduction of the urban noise and fumes of a motorized vehicle racing and riding business into an area zoned Rural Residential/Agricultural preserve the rural character of Mostetler Road?
How does the clear cutting of almost 200 acres trees to make way for a motorized vehicle racing and riding business preserve environmentally significant forested lands?
How is a motorized vehicle racing and riding business an appropriate development for an area zoned Rural Residential/Agricultural?
Why did the Hayes Township Planning Commission not discourage such an inappropriate development for the Gamble-Longenecker property on Mostetler Road? In fact they encouraged the inappropriate development by their approval of Special Use.
Why did the Hayes Township Planning Commission not encourage the development of Michigan Moto Mania, a motorized vehicle racing and riding business, in a more appropriate location such as a Highway Commercial Zone or an Industrial Zone?The Hayes Township’s approval of the Special Use permanently for the Gamble-Longenecker property on Mostetler Road completely changes its rural character.

Page 20: Section 3.4 Natural Resources Assessment: “The natural environment can significantly impact development such as a steep slope prohibiting the construction of any structure. Conversely, the natural environment can be effected (affected) by land development. An example would be the increased erosion potential caused by clearing vegetation…it is important to examine the natural environment in order to determine where development is best suited, and where it should be discouraged.

About 200 acres of formerly forested land and old trees that cannot be replaced for at least a generation have already been affected by the clear cutting in order to make way for a motorized vehicle racing and riding business.

As stated, there is now increased erosion potential caused by the clearing of the trees on the land.

Did the Hayes Township Planning Commission examine the natural environment before allowing the development of the Gamble-Longenecker property to begin?
Did this examination factor into the approval of this development?

Minutes:  Hayes Township Planning Commission Special Meeting, October 21, 2009:  "Chair Criscuolo stated his displeasure over the lack of advanced notification of meetings, and the importance of opportunity to review requests in advance of meetings.  That thought was shared by all members present.  Members should be able to review and visit the site in advance of any meetings.

Those recorded minutes of the only Planning Commission meeting held to address Doug Longenecker's request for Special Use prior to the beginning of development on the Gamble-Longenecker property answers that question.  They did not take the time to examine the natural environment prior to allowing the development of the Gamble-Longenecker property to begin.  Development continued even through the "do-over" mandated by Hayes Township attorney Dreyer.

Page 20: Section 3.4: Natural Resources Assessment: “The focus is on areas that will minimize development costs and provide amenities without adversely impacting the existing systems.”

The almost 200 acres of forest ecosystem has already been adversely affected.

What steps have been taken to prevent the wetland ecosystem of Mostetler Creek from being adversely affected?

Page 21: Section 3.4.3 Topography: “Because of the significant elevation changes and steep slopes in the Township, some constraints to land development may be found. Proper procedures for reducing soil erosion and containing water runoff should be utilized when developing in steep slope areas."

There are many elevation changes and steep slopes on the Gamble-Longenecker property.  Doug Longenecker has said that one of the reason why he chose this piece of property was “the terrain is good for ORV use.” (Clare County Review, May 21, 2010). What, if any, procedures (and were they proper procedures?) have been utilized in the development of the steep slope areas of the tracks to control soil erosion and water runoff?

Has Mr. Longenecker had a topographical survey conducted on his property? If not, why not?

Page 22: Section 3.4.4 Woodlands: “Because of the many benefits associated with wooded areas, having such a high percentage of woodlands should be seen as a real asset to the Township.” And, “In general, woodlands improve the environmental quality of the whole community by reducing pollution through absorption, reducing the chances of flooding through greater rainwater infiltration, stabilizing and enriching soils, moderating the effects of wind and temperature , and providing habitats for wildlife.”

If woodlands are such a great asset to the Township according to the Hayes Township Planning Commission in their Master Plan, why would they support the clear cutting of almost 200 acres to make way for a motorized vehicle racing and riding business?

Do the Hayes Township Planning Commission and the Hayes Township Board consider the proposed business a greater asset to the Township that justifies the removal of natural resources that cannot be replaced for at least a generation?

Does a motorized vehicle racing and riding business improve the environmental quality in Hayes Township? Does the facility reduce pollution through absorption? Or does it produce pollution through emissions and noise?
Does the facility reduce the chances of flooding? Filter rainwater? Stabilize and enrich the soils on the land?
Does it moderate the effects of the wind and temperature?
How much more habitat does a motorized vehicle racing and riding business provide than a forest?

To be continued...

No comments:

Post a Comment