In today's installment, I will continue to examine the Hayes Township Zoning Ordinance, 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. I will take this section by section as I did in the series on the Hayes Township and Clare County Master Plans.
Unless otherwise specified, page numbers refer to the Hayes Township Zoning Ordinance as found on the Hayes Township Website.
The Hayes Township Zoning Ordinance carries the weight of the law.
This series is not a complete dissection of the Hayes Township Zoning Ordinance. This series will look at only those points of the Hayes Township Zoning Ordinance that pertain specifically to the Resolution to grant the Special Use With Restrictions to the Gamble-Longenecker property on Mostetler Road . I will examine the rest of the Hayes Township Zoning Ordinance at a later time.
Page 22: Article IV, A-R Agricultural/Rural Residential District: Section 400: "Intent: The district is also intended for very low density single-family housing as well as the preservation of natural open spaces and lands that are unsuitable for development due to constraints such as flooding, or lack of infrastructure."
The Gamble-Longenecker property on Mostetler Road is unsuitable for development due to lack of infrastructure. The business proposed in the Special Use request would be better suited to a zone with infrastructure such as public water and sewer and electricity to better serve the public as a business.
It is this lack of infrastructure and the restrictions that deal with infrastructure that makes me believe that the governing officials of Hayes Township are not concerned with the the success of Michigan Moto Mania. For this business to succeed to its full potential, Doug needs access from a road that is not a local road. If this business were located near the highway, with highway access, it would be easier to find and get to for potential users.
Doug wanted to have a place where riders could shower off after they ride. For that running water is needed, and plenty of it, not only for that, but for rest room facilities and for concession stands. Wells and septic tanks/fields are inadequate to handle the number of riders and spectators for events to make this business all it has the potential to be. It needs to have public water and sewer, which just isn't on Mostetler Road.
He needs electricity in order to do many of the things he'd like to do. Unless he uses generators and pays to run electricity to where he needs it, it will be more difficult for him to run his business at a profit.
Doug's dreams for Michigan Moto Mania were grandiose, but the restrictions placed on him with regard to infrastructure severely limit him and his dreams. If he had decided to put Moto Mania in a place where there was infrastructure in the form of better roads, public water and sewer he could utilize and electricity he could more easily tap into, his business would have better odds of succeeding.
Porta-Potties and Roach Coach types of concessions are not all that great for amenities.
Does Doug really think those restrictions are going to help him stay in business?
Page 22: Article IV, A-R Agricultural/Rural Residential District: Section 400: "Intent: When land in the Agricultural/Rural Residential District is needed for urban purposes, it is anticipated that the zoning will be changed to the appropriate zoning district(s) to provide for orderly growth and development in accordance with the Master Plan."
Why was this a Special Use request and not a Rezoning request?
Why did the Planing Commission not consider the option of Rezoning the Gamble-Longenecker property?
If they did consider the Rezone option, why was that option rejected?
The use is so incompatible with the A-R designation that a rezone request would have been more appropriate. A Motorized Vehicle Racing and riding business is an urban use.
Having said that, a Rezone is also inappropriate for Mostetler Road. There are few grounds for granting a Rezone.
Who counseled Doug to request a Special Use and not a Rezone? Someone on one of the Hayes Township boards must have told him what he needed to do. Who was it, I wonder? From the minutes of the October 2009 Planning Commission Special Meeting, I don't think it was Lyle. It should have been Jim VanWormer, but I don't think it was him because he was cut out of the process. John Scherrer was at the Planning Commission Special Meeting in Oct 2009. Was it him? Was it a member of the Planning Commission?
I remind the reader that there is a difference between a want and a need. Michigan Moto Mania fulfills a want, but it does not fulfill a need.
4 Pages 22-23: Section 401: Uses Permitted By Right, and Section 402: Uses Permitted by Special Exemption:
A Motorized vehicle racing and riding business is a use neither Permitted by right nor by Special Exemption in the Ordinance for the A-R zone.
Page 29: Article X, C-2 Highway Commercial District, Section 1000 Intent: "The provisions of this district are intended to encourage general commercial development to locate along major arteries particularly adjacent to major intersections where such development could most adequately serve the needs of the community’s residents and those of the traveling public, without excessive quantities of strip development."
Inasmuch as it is the hope of many of the residents and businesses in Hayes Township that Michigan Moto Mania will bring much needed tourist dollars to Hayes Township and Clare County, the C-2 Zone is an appropriate place to put a business such as Michigan Moto Mania. Tourists are the “traveling public”.
Page 29: Article X, C-2 Highway Commercial District, Section 1001: Uses Permitted by Right: "10. Clubs."
Since Michigan Moto Mania is by definition a club, and club is a use permitted by right in the Ordinance, C-2, Highway Commercial District is the appropriate zone for Michigan Moto Mania.
No Special Use Permit is required for a club in the C-2 Highway Commercial District.
To be continued...
Showing posts with label Zoning Districts. Show all posts
Showing posts with label Zoning Districts. Show all posts
Wednesday, October 20, 2010
Friday, October 15, 2010
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.
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.
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