Hayes Township Resolution Compliance with Hayes Township Master Plan, Part 4

In today's installment, I will continue to examine the Recommendations section of the Hayes Township Master Plan, and compare it with the minutes of the Hayes Township Planning Commission Special Meeting, dated May 17, 2010, which lay 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.

The Hayes Township Master Plan is the foundation for the Zoning Ordinance, but it does not carry the weight of the law that the Hayes Township Zoning Ordinance does.

Page 42-43: Section 5.4: Plan Recommendations, #4.  “Commercial:  All of the existing commercial uses in the Township have been included in this category as well as vacant lands suitable for new commercial development.”    

     

Did anyone on the Planning Commission look into any of this vacant land as a possible suitable place to put a business the magnitude of Michigan Moto Mania?  It is a commercial development.

“The following criteria should be used to determine the suitability for a new commercial development

-The local or regional market must show a clearly defined need for the proposed development.”

What market research was done to show current market trends with regard to the need for a commercial development of this nature? 

What exactly is the clearly defined need for a motorized vehicle racing and riding business?

What clearly defined demographic group in Hayes Township, Harrison and Clare County has the need for or the disposable income to support a commercial motorized vehicle racing and riding business? 

Are the free state-run trails insufficient?

 

There is a difference between a need and a want.

- “The development should be located on a major road which will have minimal traffic impact on the surrounding properties.”

Mostetler Road is not a major Road.  It’s a dirt road.  If the Planning Commission had done a bit of research, they would have seen that in communities where motorized vehicle racing and riding facilities exist, there is an increase of traffic which has a negative impact on the surrounding properties.  If this is the result of the same type of commercial developments in other locales, can we not expect this same result on Mostetler Road?  The Zoning Board of Appeals should look into it.

- “The development should be compatible with the surrounding property uses and an acceptable buffer or screen should be provided between the proposed development and adjoining residential uses.”

Hayes Township Planning Commission Special Meeting Minutes 17 May 2010, page 2:  “The special exception use will be compatible with adjacent uses of the land…”Minutes, Page 3: item C: “The proposed project is compatible with adjacent land and the natural environment forh [sic.] following reasons: The layout of the land provides some natural buffers which can muffle sound and can create visual obstructions to adjoining properties.  There is some natural setbacks from property lines.”

Michigan Moto Mania is “compatible with the surrounding property uses” because a handful of appointed individuals forming a corrupt body with an agenda deemed it so.  Given how contentious this issue has become, it is obviously not compatible. 

What sound testing has been done to substantiate the effectiveness of the natural buffers in muffling sound when up to the projected 300 (Minutes, page 1) vehicles are all riding at the same time? 

Does muffled sound make the use compatible use with the adjacent property?  How so?  Muffled noise is still noise. 

Some neighbors have their residences next door to the proposed project.  How is the proposed project compatible with having a residence next door to or surrounded on 3 sides by the proposed project when up to 300 vehicles are all riding at the same time?

There is no provision in the resolution to provide a buffer or screen acceptable to the neighbors who must now live near it.

If any member of the Planning Commission’s residence were next door to the proposed commercial project, would they find it to be a compatible use, especially when up to 300 vehicles are all riding at the same time?  I'm guessing not so much since Township Supervisor John Scherrer had a problem with the noise of roosters crowing, which he brought up at the 21 Oct 2009 Special Meeting of the Planning Commission.  (The same meeting at which the Hayes Township Planning Commission originally approved the Special Use of the then Gamble property on Mostetler Road for Doug Longenecker.)

How much more noise do a large number of motorcycles and ORVs make than a rooster?  Hypocrisy anyone? 

“Don Atkinson stated he was over at the location today (May 17, 2010), and could hear the noise from the bikes.”  (Minutes, Page 1) 

Those "natural buffers" were working at the time?  If those "natural buffers" are so effective, then why could Don Atkinson hear the noise from the bikes?

“It will not hinder the use of adjacent areas” (Minutes, page 2) 

Some neighbors hunt on their land.  How is this proposed project compatible with the hunting that goes on adjacent to the park? 

How is the noise of up to 300 vehicles compatible with hunting? 

What game will be left to hunt on the neighboring properties? 

How is this project compatible with hunting on the property surrounded on 3 sides by a motor vehicle racing and riding business?  How does this not hinder the hunting?

What about the safety issues brought about by placing a 200 acre motorized vehicle racing and riding business right in the middle of thousands of acres of land that is hunted during all of the hunting seasons?  All it will take is one hunter who is not careful about fields of fire for a tragedy to occur.  That is the Hayes Township Planning Commission’s definition of a "compatible use"?

“E. The special exemption use as set forth above will be consistent with the health, safety and welfare of Hayes Township…”

Does Michigan Moto Mania carry insurance to cover hunting accidents on the property? 

Can Hayes Township afford a lawsuit in the case of a hunting accident for their negligence in granting the Special Use to property situated in the middle of thousands of acres of land that is hunted regularly?  Is that really safe?

Some neighbors bought many acres of land in order to enjoy the peace and quiet of living in the middle of nowhere.  That is what they use their land for.  Putting a noise dusty, fumey, motorized vehicle racing and riding business in the middle of that quiet setting is a compatible use?  How?

How does the proposed project not hinder the enjoyment of the peace and quiet on the neighboring properties?  Where can they go to enjoy the peace and quiet now?

There is a horse farm adjacent to the proposed project.  The horses are upset when the riding next door gets loud.  How is a motorized racing and riding facility compatible with a horse farm where the horses are upset by the activity next door?

To be continued...