In today's installment, I will examine the Using the Plan 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 taken 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 45: Section 5.5 Using the Plan: “Rezonings, site plan reviews, and special land uses should conform with the principles found in the Master Plan.”
The Planning Commission maintains that the approval of the Special Use for the Mostetler Road Property conforms to with the principles found in the Master Plan.
“C. The special exception use as set forth above will comply with the standards and purposes set forth in the Township Master Plan for the following reasons: it encourages outdoor activities and positive use of the land as in A and B above.” (Minutes, Page 2)
It complies in 2 very weak points, but there are many more than two standards and purposes with which it absolutely does not comply, which have been established Parts 1-5 on this blog.
“B. The proposed project promotes the intent and purpose of the Hayes Township Zoning Ordinance for the following reasons: Outdoor commercial recreational use. An organized sport meeting the criteria for outdoor recreation activities as on page 42 of the Master Plan.” (Minutes, page 3)
As was pointed out previously on this blog, “This may be true, but when combined with the intent laid out in the entire document, it is one single point taken separately from the whole. It is akin to taking a single passage of Scripture out of context and using it as a proof text without considering the entire context of the verse or how it compares with other verses that touch on the same topic.”
“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)
As demonstrated, in following the Hayes Township Master Plan, as this decision purports to do, it blatantly disregards many other standards, purposes and objectives set forth in that same Master Plan.
Page 45: Section 5.5: Using the Pan: “Flexibility is a definite strength of the Master Plan. Changing trends, circumstances, unanticipated opportunities, and unforeseen problems can require an amendment to the Master Plan. If a new development does not conform to the Master Plan, the Master Plan should be first amended before the proposal is approved. If an amendment occurs, it is important to know that the rest of the Plan is still relevant. The plan will only become irrelevant or obsolete if the Master Plan is not updated when changes occur in the municipality.”
“The Master Plan page 45 second (2nd) paragraph gives the Planning Board land use flexibility."
(Minutes, page 3, item A).
The Master Plan does give the Planning Commission land use flexibility. As quoted above, the entire context of paragraph 2, which speaks to that flexibility, also suggests that the Master Plan be amended before a non-conforming proposal is approved. The specific circumstance of a motorized vehicle racing and riding facility is not covered by either the Master Plan or the Zoning Ordinance. That, however, did not stop the Planning Commission from twisting and bending the Master Plan and the ordinance to make it comply with the new circumstance, and then declaring that The Special Use and the Site Plan were approved and were compliant with both the Master Plan and the Zoning Ordinance.
There was no attempt made to amend the Master Plan before approving the proposal.
The Master Plan and Zoning Ordinance should both be amended to reflect the circumstance of a motorized vehicle racing and riding facility, whether private or commercial.
The most up-to-date Master Plan for Hayes Township is dated 5 December 2001.
There are no other updates to the Plan posted on the Hayes Township Website.
Page 46: Map 7: Future Land Use: This Map shows that the planned future land use for the Gamble/Longenecker property is Rural Residential/Agricultural.
Not Commercial. Not Industrial. Not an appropriate zone for a motorized vehicle racing and riding business.
To be continued...
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