Thursday, September 23, 2010

Hayes Township Resolution Compliance With the Hayes Township Master Plan , Part 2

In today's installment, I will examine the Community Goals and Objectives section of the Hayes Township Master Plan, and comparing it with the minutes of the Hayes Township Planning Commission Special Meeting, dated May 17, 2010, which lays out in detail the decision made by the Planning commission, and restrictions to be applied to the Special Use assigned to the Gamble-Longenecker property on Mostetler Road.

Unless otherwise specified, page numbers refer to the Hayes Township Master Plan as found on the Hayes Township Website.  
  
Page 36: Section 4.1:  The Introduction to Community Goals and Objectives: “They (goals and objectives) must reflect the type of community desired by its citizens, given realistic economic and social limitations."     

Why do the goals and objectives of some of Hayes Township’s citizens supersede the goals and objectives of others?
Why do the goals and objectives of the citizens of Hayes Township who do not live or pay taxes on Mostetler Road or Deer Lake property supersede those citizens of Hayes Township who do reside and pay taxes on property there?
Why do the goals and objectives of those citizens of Hayes Township whose lives and property are not affected by the decision to allow the Special Use on the Gamble-Longenecker property supersede the goals and objectives of the Hayes Township citizens whose lives and property are directly affected by it?
Do our goals and objectives and opinions carry no weight?

Put a motocross/ORV racing and riding business next to the homes and properties of those who want it so badly.

All of the property owners on Mostetler Road and Deer Lake had goals and objectives with regard to the land they purchased. Many of them purchased acreage adjacent to State Land to minimize the chance that there would be any development near their property. Many had retirement goals and objectives that included enjoying the peaceful wooded areas, hunting and fishing. They live surrounded by acreage because they wanted to live or retire away from the urban environment that development brings. Many citizens’ goals and objectives have been thwarted by the Hayes Township Planning Commission and the Hayes Township Board in their approval of the development of Michigan Moto Mania on the Gamble-Longenecker property. 

Contrary to what the Michigan Moto Mania supporters would have you believe, the citizens of Mostetler Road are not against a motor vehicle racing and riding business in Hayes Township, but they are against such a business on Mostetler Road where it does not belong.  Surely there are a number of more appropriate locations within Hayes Township that can accommodate such a business. We appeal to the Zoning Board of Appeals to consider helping Mr. Longenecker to find a more appropriate location for his business.

Page 36: Section 4.2 Community Wide Goals: Goal #3: "Preserve and promote the rights of individual property owners while maintaining the aesthetic character of the community." 

How does the approval of an inappropriate permanent Special Use on Mostetler Road preserve and promote the rights of the property owners and residents of Mostetler Road and Deer Lake?

How does the approval of an inappropriate permanent Special Use preserve and promote the property rights of anyone but a newcomer who would not have entered into a land contract for the property had the approval not been granted?

The sale of the Gamble property to Doug Longenecker was contingent upon the Special Use being granted.  No Special Use, no sale. 

Do the property rights of a newcomer to Hayes Township who has not yet purchased the property take precedence over established residents who already own property and pay taxes on it? Or maybe it's the property rights of Ken Gamble, the seller, that take precedence over the rest of the property owners on Mostetler Road.  By approving the Special Use in October 2009, and again on May 17, 2010, that is essentially what the Planning Commission decided.

How does it protect anyone but the next unknown owner of the property if Mr. Longenecker decides to sell it, or Ken Gamble, if Mr. Longenecker defaults?

Does a motorized vehicle racing and riding business contribute to the aesthetics of Hayes Township?

Page 36: Section 4.2 Community Wide Goals: Goal #4: “Relate the land use primarily to the natural characteristics of the land and the long-term needs of the community, rather than to short-term economic gain."

“The members of this board unanimously agreed that the special use variance would be beneficial to the Community, Hayes Township and their families as a whole. The request follows the Master Plan for the Township. It will prompt and promote commerce to this and the surrounding areas.”  (Minutes, page 4)

The biggest and most heavily touted selling point made by the supporters of Michigan Moto Mania has been some purported economic gain, which has not been substantiated by any market research.  In this depressed economy it may prove to be a short-term economic gain, if there is any gain at all.

Short-term economic gain appears to be the motivating factor in the Planning Commission’s approval of the Special Use of the Gamble-Longenecker property.  Hayes Township is banking on the dwindling disposable income of tourists in today’s depressed economy to bring jobs and business to Hayes Township, Harrison and Clare County.  That short-term economic gain, which may or may not materialize, appears to be the justification for the approval of the Special Use. 

It fails to take into account the entire Master Plan by deferring to a single point out of the whole, much like taking a single Bible verse out of context to use as a proof text for a questionable doctrine.

How does this park serve the long-term needs of a community whose median income level would preclude all but occasional use?

“…the property is not conducive to farming and is more suited to outdoor recreation activities.” (Minutes, page 2, item A), presumably relating the land use to the natural characteristics of the land.

Actually, the property is suitable for use as a Christmas tree farm or a fruit orchard, possibly vineyards, now that it has been denuded of trees. It is suitable to horse farming, as can be attested to by the presence of a horse farm next door on the Collins’ property.

A decree from the Hayes Township Planning Commission does not make it so.

Page 38: Section 4.9: Natural Environment Goal and Objectives: Objective #1:  "Implement land use patterns, which will direct new growth away from environmentally sensitive areas such as woodlands, wetlands, steep slopes, and areas subject to flooding."

What land use patterns were in place to direct Michigan Moto Mania away from the woodland property on Mostetler Road? And away from the wetland area of Mostetler Creek?
Did anyone on the Planning Commission attempt to do anything to direct this business to another more appropriate location in Hayes Township?

“C. …Owner has provided plans for environmental needs and they will be addressed.” (Minutes, Page 3)

The Owner – that would be Ken Gamble? Since there is a land contract between Doug Longenecker and Ken Gamble, technically, Ken Gamble is the Owner.

What plans has the Owner provided for the environmental needs of the area? How will they be addressed, specifically?
Exactly what “environmental needs” does the Owner plan to address?
What DNR permits have been issued and when were they issued?

To be continued...

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