Planning Commission Template

Note:  This following document was typed from a document that John Scherrer gave to one of the Mostetler Road neighbors on 24 Feb 2011.

It appears to be a working document template for the Planning Commission members to use as they resolve the conditions they plan to place on Michigan Moto Mania Campground and Resort.

This is the shoe horn that the Planning Commission will be using to make the Motocross and ORV track fit into an area where it does not belong.  They will pick and choose points from the Hayes Township Zoning Ordinance and the Hayes Township Master Plan to support their decision to approve Mr. Longenecker's Special Use while ignoring the many other points that do not support their decision. 

Hayes Township Planning Commission

Resolution Approving, with Conditions the new (2011) Application and Site Plan

Submitted by Douglas Longenecker as to Parcels 18-007-025-100-01 and

18-007-026-200-02

After considering the written comments and public statements submitted at the Public Hearing on February 16, 2011 and after reviewing the application and site plan:

Resolved, that a special exception use for parcels 18-007-025-100-01 and 18-007-026-200-02 is hereby granted subject to the conditions set forth in Exhibit A pursuant to Hayes Township Zoning Ordinance Section 1604 in regard to property zoned Agricultural/Rural Residential District (A/R) for the purpose of a campground/resort application which provides snowmobiling, pack trails, bike trails, hunting, horseback riding, sledding, and similar uses normally associated with recreational resorts including overnight lodging using rustic camping.

Pursuant to Hayes Township Zoning Ordinance Section 1604.3 it is specifically resolved that in addition to complying with specific district regulations and general regulations as outlined in the Hayes Township Zoning Ordinance, the applicant has met the following criteria in regard to the special exception use permit (with conditions):

A.       The Special exception use as set forth above will comply with the requirements, intents and purposes of the Zoning Ordinance for the following reasons:

B.      The special exception use as set forth above will comply with the intent and purposes of an Agricultural/Rural (A/R) for the following reasons:

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:

D.       The special exception use will be compatible with adjacent uses of land, the natural environment and the capabilities of public services and facilities affected by such special exception use for the following reasons:

E.       The special exception use as set forth above will be consistent with the health, safety and welfare of Hayes Township for the following reasons:

In addition, pursuant to section 1603 it is specifically determined that the site plan is approved and that:

A.       The proposed project complies with the requirements of the Hayes Township Zoning Ordinance for the follow reasons:

B.       The proposed project promotes the intent and purpose of the Hayes Township Zoning Ordinance for the follow reasons:

C.       The proposed project is compatible with adjacent land uses and the natural environment for the following reasons:

D.       The proposed project has no adverse impact on public services and amenities including transportation and public utilities for the follow reasons:

E.        The proposed project complies with all other applicable ordinances and state and federal statutes for the follow reasons: 

It is further resolved that the following concluding statement is made by the Hayes Township Planning Commission setting forth the reasons for the decision and reasons for any conditions imposed: 

                Resolution made this _______day of February 2011 by:

                Moved:______________________________________________

                Seconded:____________________________________________

                Roll Call Vote: _____________________I:________Nay:_______

                                           _____________________I:________Nay:_______

                                       _____________________I:________Nay:_______

                                       _____________________I:________Nay:_______

                                       _____________________I:________Nay:_______

                                       _____________________I:________Nay:_______

                                      _____________________I:________Nay:_______

I, Nola Hopkins, serving as Secretary of the Hayes Township Planning Commission, hereby certify that the above resolution was passed by the Hayes Township Planning on February ______, 2011.

                                                                                                                                ______________________________

                                                                                                                                Nola Hopkins, Secretary

Lisa Stager's Opinion

When Lisa Stager was the Zoning Administrator, she did not sign Doug Longenecker's current Application for Special Use because in her opinion, it did not comply with the Hayes Township Zoning Ordinance. 

Prior to her resignation, she wrote an official letter as the Zoning Administrator to that effect with copies furnished to Hayes Township Supervisor John Scherrer and the Applicant, Doug Longenecker.

This letter, dated November 23, 2010 states:

To Whom It May Concern:

After careful review of Mr. Longenecker's proposed Special Land Use to create and operate a Motocross track and camping resort, I have concluded that in accordance with Hayes Township's Zoning Ordinance Article IV Section 400 such a commercial land use would not be compatible with the intent set forth therein of the A-R District in which the property is located.  Also, Mr. Longenecker's plan for Motocross racing and commercial riding events would not be compliant with the Hayes Township anti-noise and Public Nuisance Ordinance, Section 2B(16) by virtue of the number of motorcycles and other ORV traffic as well as the use of an amplified audio speaker system during events are likely to produce an uncomfortable and unpleasant degree of sound in which adjacent property owners would be exposed to on a regular basis for many hours at a time.  Based upon procedures for review set forth in section 1604(2) of the Hayes Township Zoning Ordinance I have determined that the proposed use does not comply with the Zoning Ordinance and other pertinent codes and ordinances of Hayes Township.
A site plan review for consideration of a campground or resort without the aforementioned commercial motocross and ORV activities will be conducted in accordance to the provisions of Article IV Section 402 of the Hayes Township Zoning Ordinance if Mr. Longenecker wishes.

Respectfully submitted,

Lisa Stager's Signature

Lisa Stager
Zoning Administrator,
Hayes Township


In her official capacity as the Hayes Township Zoning Administrator, Lisa Stager, the Zoning expert hired to do the job of Zoning Administrator, a woman with 7 years' experience as a Zoning Administrator in Hamilton Township, opined that Mr. Longenecker's Application for Special Use did not comply with the Hayes Township Zoning Ordinance.  One would think that would carry some weight.

But it would appear that Hayes Township and it's government, both elected and appointed, are hell-bent to continue in their folly.

Legal Representation

It is a well known fact that David Dreyer of the law firm Dreyer, Hovey & Diederich, LLP represents Hayes Township in all legal matters. 

Sometimes I have to wonder just exactly whose best interest is Mr. Dreyer working toward? 

I have often said jokingly to my friends in Harrison that Hayes Township is sometimes incestuous in the way it operates and conducts its affairs, and I'm afraid that the legal representation is not immune from the phenomenon.  Dreyer, Hovey and Diederich is a common denominator in several equations regarding the Moto Mania situation. 
Mr. Todd Diederich of Dreyer, Hovey & Diederich, LLP was appointed by the Hayes Township Board of Trustees to be a member of the Planning Commission on 15 Apr 2008.  Apparently nobody thought twice about the potential for a conflict of interest when they made the appointment. 

What I find interesting is that the date on the top of Mr. Diederich's application to become a member of the Hayes Township Planning Commission is 8 July 2008, almost three whole months after his appointment.  This is the cart before the horse.  This is another incident in an ongoing pattern of behavior throughout the entire Hayes Township government.

Mr. Diederich was present at and participated in most of the usual Planning Commission meetings, and things hummed along pretty well.  Until...

I find it interesting that whoever convened that Special Meeting of the Planning Commission on 21 Oct 2009, (and we still don't know who that was), either did not inform Mr. Diederich of the meeting, or Mr. Diederich had the smarts to see a potential problem of a conflict of interest and not attend the meeting.  This was the original meeting at which Doug Longenecker's request for Special Use on the then-Kenneth Gamble Trust property was first approved by the Planning Commission.  He may not have been present, but it happened while he was a member of the Planning Commission.  He had to have known that something wasn't right about it, and did nothing.  

On 12 Jan 2010, Mr. Longenecker entered into a Land Contract with Mr. Gamble for the property on Mostetler Road.  Papers were filed at the Clare County Courthouse the following day. 

About the time the first harescramble race was held on the property on 27 Feb 2010, the Mostetler Road and Deer Lake neighbors started looking into what was going on.  They were angry to find out that in an unannounced special meeting of the Hayes Township Planning Commission, a Special Use for a Motocross and ORV Racetrack was granted to Mr. Longenecker, right under the noses of the neighbors who would have liked to have been informed and had a say in the matter.

In 2 letters dated 11 March 2010, Mr. Diederich tendered his resignation from the Hayes Township Planning Commission, in order to avoid a potential conflict of interest, effective immediately.  One letter was written on plain copy paper and the other was on the Dreyer, Hovey & Diederich, LLP letterhead.  Word must have gotten out that the neighbors of the new motocross track were angry and looking into it.  This was just five days before it hit the fan at the 16 March 2010 Board of Trustees Meeting.  Nowhere in the minutes of that Board of Trustees Meeting is Mr. Diederich's resignation from the Planning Commission reflected.  Why not?  Was it not important enough to reflect in the minutes?  I was at the meeting and to the best of my recollection, Mr. Diederich's letter of resignation was never read or brought up.  It's almost as though they didn't want to remind anyone that a member of the law firm that represents the Township was sitting on a board.  After watching all the players in action at Hayes Township and watching Mr. Dreyer represent Hayes Township, I have to conclude that this oversight, combined with the stealthy resignation, was intentional.

All of this has pretty much shielded Mr. Diederich from scrutiny, although it has not gone unnoticed that Mr. Diederich is a fan of Michigan Moto Mania on Facebook.

I have watched Mr. Dreyer represent Hayes Township and do things that made me wonder where his true alliances lie.

Because the elected officials have appeared too afraid to make a move without Mr. Dreyer's permission for fear of legal repercussions, Mr. Dreyer is, for all intents and purposes, running Hayes Township, and making some questionable legal calls.

I believe that Mr. Dreyer has some competing interests with regard to Michigan Moto Mania.  He is also trying to cover his own backside and that of his law firm.  Self interest and and the interest of his client, Hayes Township is a tightrope Mr. Dreyer has been masterful at negotiating.  He has been collecting a nice fat paycheck lately form Hayes Township in running a defense against two lawsuuits regarding Michigan Moto Mania.  By taking the matter to Judge Mienk, he has effectively dragged this whole thing out (making his pocketbook fatter at taxpayers' expense) and also potentially shielded his client from responsibility.  In doing so, he was trying to get Judge Mienk to do the Hayes Township government's job for them.  He attempted to pass the buck to Judge Mienk several times, and Judge Mienk would have none of it.

Mr. Dreyer and the Hayes Township government leaders seem eager to try to make Michigan Moto Mania a part of the Hayes township community on Mostetler Road.  Mr. Longenecker wants a chance to open his business in the wrong place.  Hayes Township wants a business that will "save" Harrison's economy.  Mr. Dreyer wants what's in his own best interest.  It's in Mr. Dreyer's best interest to keep his clients happy.

Mr. Dreyer has the reputation of being the best real estate attorney in Harrison.

Doesn't Dreyer, Hovey & Diederich, LLP represent Ken Gamble?

I wonder who represents Harrison Realty?

Who's Going to Pay for This?

I have a question for all the taxpaying citizens of Hayes Township.  Who's going to pay for all the extra stuff that Michigan Moto Mania is going to bring to Hayes Township along with the supposed jobs and trickle down business?  Anyone who thinks that a Michigan Moto Mania Campground and Resort will give more than it takes is fooling himself.

Michigan Moto Mania will bring an increase of police activity on Mostetler Road.  When asked who will police this business, the response was the local police.  So, who will pay for this increased need for police coverage? 
The Hayes Township taxpayers will.

Michigan Moto Mania will increase the need for ambulances because people will inevitably get hurt riding dirt bikes and ORVs out there.  Who will pay for the extra ambulance service that will be required?
The Hayes Township taxpayers will.

Michigan Moto Mania will increase the need for road maintenance on Mostetler Road.  There will be more traffic bringing horse trailers and ORV and dirt bike trailers up and down the dirt road that is Mostetler Road.  These heavy vehicles take their toll on a dirt road.  Who will pay for the increased maintenance and upkeep of Mostetler Road?
The Hayes Township taxpayers will.

Michigan Moto Mania will increase traffic over Mostetler Road Bridge.  At the last Hayes Township Board of Trustees meeting, on 15 Feb, 2011, Ron Bushong, the County Road Commissioner said that there is no grant at this time to upgrade the bridge, and even if we get a grant, the bridge will not be replaced before 2014, and that is a big IF.  IF we even get a grant.  Who will pay to repair or replace the bridge if the increased traffic causes any further damage to the bridge?
The Hayes Township taxpayers will.

Michigan Moto Mania already has increased and will continue to increase the legal fees for Hayes Township.  Mr. Longenecker is already suing Hayes Township for 1.2 million dollars.  His persistence in pursuing what is still contrary to the intent and spirit of the Hayes Township Zoning Ordinance will cost Hayes Township still more.  Who will ultimately pay for that?
The Hayes Township taxpayers will.

I would also like to point out that although the neighbors have their own lawsuit against Hayes Township, it was the Hayes Township's attorney David Dreyer who sent us to the courtroom in the first place by stating at the end of the ten page letter he wrote dated 12 Mar 2010, "Except for passing the resolution I have recommended, the Hayes Township Board has no independent authority concerning this matter.  The Zoning Administrator, Planning Commission and Zoning Board of Appeals must each perform their duties according to the ordinance.  During all of these proceedings, Hayes Township does not have the legal authority to 'red tag' or otherwise stop the activities on the property.  Only the Clare County Circuit Court has the power to issue injunctions or other court orders pertaining to this matter.  It is within the rights of the property owner making the application or for any other interested party to file for relief with the Clare County Circuit."  The neighbors resorted to their only recourse, and that was a lawsuit.  We are not asking for 1.2 million dollars.  We are only asking for what it is costing us to get the redress that Hayes Township would not afford to us as taxpaying property owners with legitimate concerns.  All we ever wanted from Mr. Longenecker was for him to cease and desist until this issue is completely hashed out.  Who will pay for this?
The Hayes Township taxpayers will.

There are many local supporters clamoring for this business to be built who have no real skin in this.  They are not the tax base who will foot all of these bills when they come due.  They are not the neighbors in whose back yard this Moto Mania will be.  They are form other townships and they want to play in our back yard.  Some of the businesses are from the City of Harrison and they are not contributing to Hayes Township's tax base.

Mr. Longenecker's claim and efforts to be everything to everyone and to have everything available on site will compete with local business owners.  While it may provide some one time business to a few businesses in town (and that's if Mr. Longenecker chooses to use their services), Moto Mania will compete with many other local businesses for smaller pieces of the economic pie.

Cabin rentals and camping - will this not compete with the dozen or more campgrounds and motels that are trying to survive?  Are these already established businesses so filled up that there is a need for another new campground?  This market is saturated.  At least one campground is in foreclosure for lack of business.  I didn't see a "full camp" sign at Wilson State Park this year either.
  
Storage facilities - There are three in Harrison.  Are they all full?  Will a Moto Mania really bring long term business to them when Mr. Longenecker's storage facility is built and competing with them for ORV and gear storage?

A general store - will this not take business from local markets?  If people can buy what they need at a camp store or general store at Moto Mania, why do they need to go to town for what they want?

Concessions - Will this not take business from our local restaurants?  If people are eating at Moto Mania, they won't be eating at the restaurants in town, with the possible exception of the Burger King on the way out of town.

ORV riding - Are there not enough state trails accessible from Clare County?  What about the Leota Trail system?

Swap Meets - Does the centrally located flea market north of town within walking of Wilson State Park have so much overflow business that another open air market is needed?  The in town flea market is accessible to people on foot by the sidewalks in town.  Swap Meets a mile and a half down a dirt road, accessible only by car is really the way to go?  Can the flea Market not also hold swap meets?    

Horseback riding - How many local residents are aware that there is a local horseback riding facility on Coolidge Road in Harrison?  Harmony Youth Ranch is a not-for-profit Christian riding stable that rescues horses.  They only take donations to help support their rescue efforts.  Youths get riding lessons for free.  Mr. Longenecker's latest addition will cut into that already struggling non-profit's bottom line.

Maybe the Hayes Township Planning Commission and the Board of Trustees should contact all of these businesses and talk to them one-on one and get their input.  See who else besides the Mostetler Road and Deer Lake neighbors will be adversely affected by Mr. Longenecker's business.

I know of at least one motel owner, a couple of campground owners and others who are not thrilled about another business taking a bite out of their shrinking piece of the economic pie.

In the end, I believe that the economic benefit will be canceled out by the economic loss due to furthering this business enterprise in this location.  But the folks footing the bill are the ones who need to call their elected officials in Hayes Township and let them know what they think.

A Well Written Piece of Propaganda

Kudos to Genine Hopkins for her latest piece of pro Moto Mania propaganda in this week's Moto Mania PR and Propaganda Rag.  Clearly calculated to produce maximum support from the local public for Doug Longenecker's latest Special Use Permit application.  Also clearly meant to de-emphasize the real intent of the special use and calculated to hit the newsstands in time to influence the Planning Commission in a cleverly orchestrated PR campaign.  Bra-vo!

This is the first slight of hand in the carnival of smoke and mirrors that will be the Planning Commission's Big Show of dotting all the i's and crossing all the t's.  We all know what the outcome will be, but this production is intended to address all of the neighbors' arguments to date, and diminish them while making the wronged neighbors appear to be petty and unyielding. 

If the Planning Commission ever had any intention of acting in good faith with the Mostetler Road and Deer lake neighbors, they would hold Mr. Longenecker to his new vision and cause him to keep a minimum number of horses on the premises at all times for his stated purposes. 

The only reason Mr. Longenecker has revisited his vision of Moto Mania was because his original vision absolutely does not conform to the Hayes Township Zoning Ordinance.  The new modifications don't either and his latest site plan and application are just a newly worded statement of the same old purposes with a few new pieces added so as to appear to comply. 

Ms. Hopkins quotes Mr. Longenecker: "We understand the concerns of the residents who have expressed animosity towards this endeavor and have taken their concerns under advisement."

Mr. Longenecker obviously does not understand our concerns because he has done little to reassure the "residents who have expressed animosity."  Mr. Longenecker's addition of camping and horseback riding and cross country skiing and sledding does nothing to diminish the fact that at its core, this business is all about the Moto.  The rest of it is what Mr. Longenecker thinks he has to do to make it pass muster legally.  The only manner of consultation that Mr. Longenecker has engaged in with his neighbors is to attempt with these current efforts to appear to have taken the neighbors into consideration.  He has not spoken to any of us about it.  These are all concerns we raised the last time around.  What part of  "we don't want to live near a motocross and ORV business" does Mr. Longenecker not understand? 

That this business is still all about the Moto is brought out by the fact that Mr. Longenecker is now calling his business "Michigan Moto Mania Campground and Resort."  It will still be more Moto Mania than campground and resort, and the Planning Commission knows it. 

Another demonstration of Mr. Longenecker's real purpose is shown on his current site plan.  There is not a pasture or watering hole reflected on the site plan to accommodate the horses.

Anyone can go up on the Internet to find general studies to support a point of view.  I'm sure I can find just as many to support mine.  Mr. Longenecker has produced nothing specific to the Gamble-Longenecker property.  He claimed in the narrative portion of his application, "Believe me; last year the place has been tested on all levels. from the police, the fire marshal, DNR, DEQ, health department , multiple times...," and yet he did not submit the documentation from any such testing with his application; just scientific looking articles from the Internet.

I would like to see a list of the "15-50" jobs that Mr. Longenecker is promising to bring to Harrison.
Exactly what are these jobs, and what to they entail?  Are they part time?  Full time?  What are the job descriptions and salaries?  I think Mr. Longenecker is peddling snake oil.  In the end the promise of jobs that may or may not materialize does not make this business comply with the Hayes Township Zoning Ordinance which governs in this case.

No doubt that some members of the Planning Commission are trying to get in on some of the "trickle down" business.  Mr. Criscuolo added a whole new building full of storage units onto his business this past summer.  I wonder if the fact that they are exactly the right size for storing ORVs is a coincidence?  According to the site plan, Mr. Longenecker plans to have two wells dug.  I wonder who he'll call to dig them?  Trickle down indeed.

The most telling indicator in the propaganda piece is the picture of the motocross racer.

This is Cindarella’s ugly step-sister trying to make her big fat foot fit into the glass slipper.  The Hayes Township Planning Commission is the step-mother looking on in approval as the step-sister tries to make it fit.  And the Hayes Township Zoning Ordinance is the glass slipper that doesn’t fit.  No amount of shoving and squeezing that big fat foot of a motocross park will make it fit into the A-R Zoning District no matter how the words are parsed.  It doesn’t fit and we, the people who have to live next to it don’t want it here.

This is a Public Service Announcement

There are still two vacancies on the Planning Commission.  I personally do not care which side of the Michigan Moto Mania issue you come down on, but know this: If you have signed a petition either for or against Michigan Moto Mania, you are ineligible to vote on anything pertaining to Michigan Moto Mania on the Planning Commission.  That does not mean you cannot serve on the Planning Commission at all, so by all means, apply for the job if you are so inclined.  Hayes Township needs volunteers to fill these positions. 

John Scherrer and several members of the various appointed boards that serve Hayes Township have often repeated the refrain that "Nobody wants to volunteer to be on any of the boards."  So, as a public service to Hayes Township, I have decided to run this post once a month on this blog until every board is at full capacity and there is a file full of applications to back them up.  

By making this announcement, I am doing my part to encourage the taxpaying citizens of Hayes Township to step up and apply for jobs on the boards and serve your community.

Even if they don't appoint you right away, you will have thrown your hat in the ring against future needs for people willing to do the job.  Hopefully, they will keep your application on file and check back with you at least annually for updates if they cannot appoint you right away.

This way, when terms are up, there will be a pool of new folks willing to do the jobs and fill vacancies and the incumbents will not feel an obligation to stay if they want to move on.  It will also ensure that there are fresh faces bringing their best ideas to Hayes Township.

Once appointed, these new members should never take their appointments lightly, but should avail themselves of every opportunity to train for their new position and take advantage of the resources available to them through Michigan Townships Association, and they should make every effort to become familiar with the Hayes Township Zoning Ordinance and its content so they can make informed decisions.

I urge all of my readers who are voting members of Hayes township to consider public service in Hayes Township.  If you are interested in serving as a member of an appointed board, please go to the Hayes Township office on Townline Lake Road to fill out an application.  You can make a difference.

Right now, this public service announcement and this blog are the best I have to offer.  As soon as I am a legal resident of Hayes Township, I will be considering public service myself.

The Oft Quoted "Page 76: Section 1604,Paragraph 3, item c."

Lyle Criscuolo likes to hold up his copy of the of the Hayes Township Zoning Ordinance and use that single point to justify the twice "unanimous" approval of Doug Longenecker's Application for Special Use.

We have established that the first "unanimous" approval was invalid.

Strike one.

The second "unanimous" approval was overturned by the Zoning Board of Appeals.

Strike two.

Now, Mr. Longenecker is going for either strike three or a home run. 

Mr Criscuolo has cited this point, "The special exception use will comply with the standards and purposes set forth in the Township Master Plan."

Since we have established that Mr. Criscuolo is a pastor, and presumably a student of the Bible, and I am a Christian and as such, I should also be a student of the Bible, (which I am), one of the very first and most important things I learned in Bible Study is context is key.  Meaning, you cannot pull a Bible verse out of context and use it as a stand alone verse to support a doctrine.  As a pastor, I'm sure Mr. Criscuolo is well aware of this.  (A proof text out of context is a pretext.)

I personally try to apply Bible study to my every day life, and so when I look at a document or a set of documents, especially legal documents or ordinances, I try to look at the full counsel of the section I am looking at, and not a single point of the law. 

As Mr. Criscuolo himself has said, "...you can't read part of a verse from the Bible any more than you can read part of a paragraph here when you're talking about the ordinance."  So he knows this to be true, and yet he ignores the points of the Hayes Township Zoning Ordinance that do not fit into his agenda. 

Make no mistake, Mr. Criscuolo's agenda is to approve Mr. Longenecker's new request for special use, and he will use his influence over the members of the Planning Commission  to twist the Zoning Ordinance to to make Mr. Longenecker's dressed up old pig with new lipstick "comply" to the Hayes Township Zoning Ordinance, while ignoring the points of the Ordinance where it clearly does not comply. 

Getting back to point c.  Mr. Criscuolo and the Planning Commission will decree that Mr. Longenecker's special exemption use "will comply with the standards and purposes that have been set forth by the Hayes Township Master Plan."  As though making this decree makes it so.  He may as well say that it does comply.  That does not make it any more true. 

I have already picked apart the Hayes Township Master Plan and Mr. Longenecker's compliance with it, in a 7 part series:  22 Sep 2010, 23 Sep 2010, 6 Oct 2010, 7 Oct 2010, 15 Oct 2010, 17 Oct 2010, and 23 Oct 2010. 

My question is this, Mr. Criscuolo:  How does the Special Use, both the new one and the old one stack up to the entire Hayes Township Master Plan, and not just the points that help you make it comply?  (No verses out of context, please.) 

If this is how you handle the law which you are in charge of implementing and upholding, it makes me wonder how you handle other matters of import that are written down, chapter and verse.

Don't forget about points a, b, d and e as well.