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

Mark Your Calendars

Come one, come all!

There will be a Special Meeting of the Hayes Township Planning Commission and public hearing on 16 Feb 2010.  This public hearing will be to consider a new (read: rehashed and reworded, specially parsed new iteration of the old) Special Use Request by Doug Longenecker for what really amounts to Round 3 in front of the Hayes Township Planning Commission. 

Third time's a charm for Michigan Moto Mania?

The meeting will be held at the Hayes Township Activity Center adjacent to the Township Hall, 2051 Townline Lake Road, Harrison, MI 48635. 

Meeting time: 7 PM.

Come watch the smoke and mirrors and slight of hand.  Send in the clowns.

Don't miss the greatest show in town!

Why Don Atkinson Should Recuse Himself

Don Atkinson should recuse himself from the voting on Doug Longenecker's latest Application for Special Use when it comes before the Planning Commission.

Here are all the reasons why it is inappropriate for Mr. Atkinson to vote on anything pertaining to Michigan Moto Mania:

1.  He is a resident of Mostetler Road.

2.  His niece (by marriage), Kari Garber of Harrison Realty is the realtor who showed Doug Longenecker the Gamble property on Mostetler Road.  The sale of the Gamble property was contingent upon Hayes Township's approval of Mr. Longenecker's request for Special Use.  Mr. Atkinson made the motion to approve the Special Use at the 21 Oct 2009 meeting.  The Special Use was approved, unbeknownst to the neighboring property owners.  Mr. Longenecker purchased the Gamble property on Mostetler Road as a result of the approval. 

3.  Mr. Atkinson signed a petition sponsored by the Mostetler Road and Deer Lake neighbors opposing the development of Michigan Moto Mania on the Gamble-Longenecker Property.

4.  He stated at the 16 March 2010 Hayes Township Board of Trustees meeting that he was against  the development of Michigan Moto Mania on the Gamble-Longenecker property on Mostetler Road.

5.  His son, Todd Atkinson, was helping Mr. Longenecker to design a BMX/Skateboard area on area of the Michigan Moto Mania property set aside for that purpose in Late Jun, and July of 2010.

6.  On Friday, 27 Aug 2010, Mr. Longenecker's vehicle was seen by many of the residents of Mostetler Road parked at Mr. Atkinson's house.  This constitutes Ex Parte Contact between Mr. Atkinson and Mr. Longenecker.  This contact between Mr. Longenecker and Mr. Atkinson took place three days before a Polaris sponsored event took place on the Michigan Moto Mania Property.

7.  Mr. Atkinson participated in the Polaris sponsored event, Way Out Training Tour (WOTT), that took place on the Michigan Moto Mania property on 30 Aug 2010.  This event was deemed by Judge Mienk to be a violation of the stay that was on the property at the time due to the Mostetler Road/Deer Lake neighbors' appeal of the Special Use to the Hayes Township Zoning Board Of Appeals. 

According to the Hayes Township Zoning Ordinance, Mr. Atkinson's participation in the event was a misdemeanor, which to date has gone uncited by any authority in Hayes Township.

8.  Mr. Atkinson was seen by residents of Mostetler Road taking firewood from the Michigan Moto Mania property for his personal use.

The improprieties clearly color Mr. Atkinson's opinion on anything related to Michigan Moto Mania and preclude him from making an unbiased decision.

Conflict of Interest Update

The newest member of the planning Commission, appointed at Tuesday's Hayes Township Board of Trustees meeting has a conflict of interest with regard to Michigan Moto Mania.

Wesley Kenny's business, Western Decore Landscape Design, is the very first business listed on that laundry list of businesses who took out the full page ad in the Michigan Moto Mania PR and Propaganda Rag, the Clare County Cleaver's 29 Apr 2010 issue. 

After the business appeared in the support ad, sometime in May, Mr. Kenney changed the name of the business to Freedom Landscaping and moved it into a business location on N. Clare Ave in Harrison.

He is also a Michigan Moto Mania friend on facebook.  Here is a quote from Mr. Kenney taken from the Michigan Moto Mania facebook page dated 29 Sep 2010: "Good luck Moto Mania, Hopefully people will pull their head out of their asses.  We thank you for trying to bring job and people back into our community!"

Nice.

It has also come to my attention that Mr. Kenney signed a pro-Michigan Moto Mania petition.

He may be able to vote on other issues that come before the Planning Commission, but he should not be allowed to vote on any future issues that come before the Planning Commission with regard to Michigan Moto Mania.

Way to stack the deck,  Hayes Township Board of Trustees!

They were also looking into hiring the Zoning Administrator from Surrey Township until they were called on that, too.  Surrey Township is represented by Jaynie Hoerauf. 

I haven't even gotten to the old conflicts of interest that we let slide the last time around.  They are going to be called out on this blog for everyone to know about this time around.

Hayes Township Planning Commission Meeting Wed, 13 Oct 2010

Usually, the week before a meeting of any of the various Hayes Township boards, Robin Longenecker tries to whip up the fan base to come out to the meeting and make a big show of support for Moto Mania by posting about it on the Moto Mania facebook page.  Steve Rauch is usually a part of that effort on his facebook page and he usually creates a separate page just for the event.  Between the two of them they can get the faithful to show up in their orange T-shirts.   

In an uncharacteristic break from the usual form, Steve has gone silent and there was nary a mention from Robin on the Moto Mania facebook page.  I wonder why?  Was there something happening at the Hayes Township Planning Commission meeting that they didn't want to tip the neighbors off to?

In this case the silence was just like that silence you get when small children are up to something.  The neighbors have already learned not to trust any meeting of any of the Hayes Township boards and someone from the neighborhood is in attendance at all of the meetings that take place.  Wednesday night's meeting reminded us why we have to remain vigilant, and showed us that our concerns are not unfounded.

Sometime before the meeting, the Good Idea Fairy smacked Lyle upside the head with her magic wand and told him that it would be a good idea to rezone or grant a special use for a paintball facility, and also to somehow either create a new Zoning District called Recreation (there currently is no such Zoning District in Hayes Township) , and/or to add a couple of Special Uses to the list of Special Uses listed in the Hayes Township Zoning Ordinance under the A-R Agricultural/Rural residential Zone.  So it was put on the agenda for Wednesday night's meeting.

Really Lyle?  Are you serious?  You really think it's a good idea to even consider this while Hayes Township is up to its eyeballs in lawsuits concerning other improprieties committed by the Planning Commission under your leadership as the Chair of the Planning Commission?  Are you really that daft?  Or is it just your hubris?  Or is this a vindictive little way to smack the neighbors?  

You of all people, as the Chair of the Planning Commission, and member of same Planning Commission for the last 22 years, you who have had a hand at drafting the current Hayes Township Zoning Ordinance should know better than anyone that there is a way to go about what you want to do.  You know there is a process and procedures to follow.  You were present for the adoption of the most recent amendment to the Hayes Township Zoning Ordinance.  You know all about the required process and procedures.  Whether you want to add a new Zoning District or add anything to the Ordinance as it is presently written, you have to follow procedure.  You also can't add anything to the Special Use on the Gamble-Longenecker property on Mostetler Road without following proper procedures. 

And the timing is just plain bad.  You really want to make more changes while this thing is in litigation?  Have some more rope. 

It was your willingness to circumvent the the process and procedures in the first place that put Hayes Township in the hot water it's in.  It is your continued willingness to circumvent proper procedure in the Ordinance that you helped write that makes you unfit to be a member of the Planning Commission and certainly unfit to Chair the Planning Commission.

David Dreyer has his hands full trying to save his Hayes Township government officials from themselves and their good ideas.  He stepped in and told the Township to take that item off the agenda.  I guess Lyle missed that memo because he still tried to bring it up at the meeting.

Lyle's claim that the Master Plan calls for recreational stuff but not the Ordinances is a bit disingenuous.  Recreation is addressed throughout the Zoning Ordinance in various places under various Zoning Districts - I'll be posting a list of these references next - but there is no Recreation Zoning District in the Ordinance.  Up until they discovered there are no loopholes in the Ordinance that allow Planning Commission to put a motorized vehicle racing and riding business where they want to put it, there was no need to change the Ordinance.

Wednesday night's meeting was an attempt to sneak it in the back door.  The fact that Robin knew about it beforehand and said as much on the Moto Mania facebook page (13 Oct 2010) shows that there is conspiracy and collusion between the Longeneckers and the Planning Commission.  She complained that Mr. Dreyer removed it from the agenda at the last minute.  I'm sure that's why there was no whipping up of the Moto Mania support machine by Robin or by Steve.  They wanted to keep this low key.

Waste of time Robin?  I don't think it was.  The presence of the neighbors and their lawyers prevented an end run by Lyle and the Planning Commission.