6 WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

7 October 12, 2005

8 7:00 P.M.

10 RE: MICHIGAN HORSE PARK Special Use Permit

15 Stenographically recorded by M. Jane Allen, Notary Public

16 and Certified Shorthand Reporter, CSR #2724, at Windsor

17 Township Fire Station, 300 West Jefferson, Dimondale,

18 Michigan.

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P.O. BOX 21038 - LANSING, MI 48909-1038

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1 MR. MARTINEZ: The Windsor Charter Township

2 October of 2005 Planning Commission meeting will now come to

3 order.

4 The first item on the agenda is to hear the public

5 present. Is there anyone wishing to speak on a Planning

6 Commission issue?

7 (No Response from Public).

8 MR. MARTINEZ: Hearing none, we will move the

9 agenda.

10 Before we get into the agenda, I just want to

11 apprise my colleagues, I passed you out a copy of the

12 minutes of the September 28 Tri-County Regional Planning

13 Commission. Be advised those are draft copies. They're not

14 the final, they're not approved until October 26.

15 The reason I made you a copy of those is those are

16 pertinent to our discussion tonight. So just be aware

17 they're a draft copy.

18 One other, I'm going to make a point of privileged

19 information. Over the past probably year, I keep track of

20 who calls me and get their phone number and their name if

21 they so give me permission. I have had about 126 people

22 call me so far on the request of a PA system. I think they

23 raise a legitimate concern. They can't hear us; we can't

24 hear you out there, and they posed a very pointed suggestion

25 that we at the Township level take a look at trying to get

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1 some kind of a PA system that would be usable and work for

2 all bodies, us, the Planning Commission and the Board of

3 Trustees, the Fire Department, etcetera, so your suggestions

4 were well taken.

5 Yesterday, I was reading the paper, and I read

6 where there was a public hearing on the budget, and I called

7 Mr. Sinclair yesterday and asked him to put that as one of

8 the items to consider for the 2006 budget.

9 So I throw that out just to let you know that your

10 remarks don't go unheard. I've been busy and I haven't had

11 a chance to take care of that.

12 The next item on the agenda is to approve the

13 minutes of the previous meeting. Are there any additions or

14 corrections?

15 (No Response).

16 MR. MARTINEZ: Hearing none, the minutes stand

17 approved as printed.

18 Next item is reports, Board of Trustees, Mr.

19 Blair.

20 MR. BLAIR: Yes, we have had a couple of meetings

21 since or last Planning Commission meeting and the relevant

22 actions to the Planning Commission.

23 At our September 27th, Township Board meeting, we

24 approved the tentative preliminary plat for Morris

25 Estates II, as recommended by the Planning Commission.

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1 We also have been talking about water and the

2 water project, extending that down Creyts Road over to serve

3 the property on Billwood, so those discussions have been

4 ongoing.

5 And last night, as you mentioned already, we did

6 have our budget hearing, and we approved the budget for 2006

7 and set the millage rate.

8 MR. MARTINEZ: Thank you, Mr. Blair. Board of

9 Appeals, Mr. Kubicek.

10 MR. KUBICEK: There was one appeal which called

11 for replacement of a sign which had been pulled down over at

12 Cottage Gardens, and replacement of the sign wouldn't have

13 conformed quite appropriate to our ordinance, and after

14 reviewing it, it was approved.

15 MR. MARTINEZ: Thank you, Mr. Kubicek.

16 Next item on the agenda is unfinished business, is

17 Michigan Horse Park, and just as a refresher, this issue has

18 been postponed to a date definite back in August, and then,

19 at our last meeting in September, we received a statement

20 from the applicant requesting another 30-day extension.

21 Based on the rationale was the Tri-County Regional Planning

22 Commission was in the process of having their meeting at

23 which he was in attendance on or about the 14th, and they

24 were to render a decision, and he asked us for a 30-day

25 postponement waiting to render that decision.

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1 Since that time, that meeting was held, and the

2 document that I passed out to my colleagues is the document

3 I will reference to. The Tri-County Regional Planning

4 Commission did meet, and they made that decision, and they

5 voted by a vote of 9 (sic) to 4 not in favor of Mr. -- of

6 the applicant's request. So I just put that on the

7 minutes. That brings us up to date.

8 We are now ready to take some action. This matter

9 has been before us a long time, and I'd like to proceed with

10 our Planning Consultant's report.

11 Mr. Folds, if you would, please.

12 MR. FOLDS: Thank you, Mr. Chairman.

13 As you indicated, this is a request for a Special

14 Use Permit. The applicant is Dorian Lange of Platinum

15 Partners, LLC. The request is for developing a horse park

16 to be known as Michigan Horse Park. The uses and events

17 would include thoroughbred racing and other breed racing,

18 indoor and outdoor horse shows, rodeos and other events.

19 The site in question is a 200-acre site north of

20 Pinch Highway east of Mason Road and West of Lansing Road.

21 Mr. Chairman and members of the Planning

22 Commission, as we've discussed previously, the property is

23 zoned M-1 light industrial district. The race tracks are

24 permitted by Special Use Permit under Section 5.94A of the

25 Windsor Charter Township Zoning Ordinance.

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1 Additionally, Mr. Chairman, the range of uses in

2 the M-1 District by right include light industrial districts

3 -- light industrial uses, such as compounding, processing,

4 treatment of products, any use permitted in the 0-1, B-1 or

5 B-2 commercial districts, railroad track, terminals and

6 facilities, warehouse and wholesale facilities. These uses

7 are permitted by right in the M-1 light industrial district

8 pending approval of a site plan under the Site Plan Review

9 Section of the Windsor Charter Township Zoning Ordinance.

10 Mr. Chairman, the chronology of this request is in

11 May of 2005, the applicant applied for a Special Use Permit,

12 and a hearing was set by the Planning Commission at their

13 May meeting.

14 On June 8, 2005, a public hearing was held. No

15 action was taken at that meeting.

16 On June 13th, 2005 at the Planning Commission

17 meeting, a preliminary review was conducted by the Planning

18 Commission of the facts of the case. I submitted a staff

19 report with some preliminary information at that time.

20 On August 4th, the Planning Commission considered

21 the issue and tabled the issue based on the applicant's

22 request to their September 14th meeting. At the September

23 14th meeting, the issue was again tabled based on the

24 applicant's request.

25 That, Mr. Chairman, based on my notes and

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1 information, is the chronology of the request that you have

2 before you.

3 Mr. Chairman and members of the Commission, more

4 specifically, and as outlined in the application, the

5 proposed land uses in the Special Use Permit application,

6 which as I mentioned previously, in the M-1 zoning district,

7 there are 17 total uses articulated in the application. Of

8 those 17 uses, 15 are permitted by right and could be

9 developed based on approval of the site plan and final site

10 plan approved by the Planning Commission under the Windsor

11 Charter Township Zoning Ordinance.

12 Mr. Chairman and Members of the Commission, two of

13 those uses indicated on the application would require a

14 Special Use Permit approval, and both of those uses are some

15 form of racetrack operation.

16 Mr. Chairman, the Special Use Permit regulations

17 that would be applicable for the two specific racetrack

18 operations that I mentioned are regulated by Section 8.1 of

19 the Windsor Charter Township Zoning Ordinance. That section

20 establishes six general standards that the Planning

21 Commission must use in evaluating a request for a Special

22 Use Permit. And in summary form, those six standards are

23 the use must be harmonious with and in accordance with the

24 comprehensive plan. They must be appropriate in appearance

25 and not change the essential character of the area; not

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1 hazardous or disturbing to existing or future use of the

2 area; be served adequately by essential public services and

3 facilities; not involve detrimental activity, such as

4 traffic, noise, smoke, fumes, glare or odors and be

5 consistent with the intent of the M-1 light industrial

6 district.

7 Mr. Chairman and members of the Commission, those

8 six standards were addressed specifically in my staff report

9 of July 28th and more specifically on Pages 4, 5, 6 and 7 of

10 that report, which you have had a chance to review.

11 In addition, Mr. Chairman, to those standards, the

12 Planning Commission has before you information from public

13 agency reviews and more specifically information from the

14 Michigan Department of Transportation and the Eaton County

15 Road Commission on the classification of roadways in

16 question as well as additional information supplied by the

17 applicant.

18 There were professional studies and reviews also

19 submitted for the Planning Commission's consideration, Mr.

20 Chairman, and I will mention two of these. Specifically,

21 number one, Wolverine Engineers. Wolverine Engineering is

22 the consultant to the Township, and in their report, they

23 indicated that it was possible from an engineering and

24 capacity standpoint to provide sanitary sewer service to the

25 site. However, review of the application indicated no

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1 documentation was provided by the applicant pertaining to

2 sanitary sewer service to the site.

3 Additionally, Traffic Engineering Associates,

4 which was the applicant's traffic engineer, provided in a

5 July 7th, 2005 report, which was entitled A Traffic

6 Assessment, that the traffic generated from the proposed

7 uses could be accommodated by the adjacent roadway system,

8 that the most desirable access would be from an improved

9 Pinch Highway, and the determination of intersection and

10 dimensional and design features would depend on future

11 capacity analysis. Again, that was the applicant's

12 consultant.

13 In addition, Mr. Chairman, information from the

14 applicant's consultant pertaining to lighting, noise and

15 solid waste removal was also provided to the Planning

16 Commission.

17 Mr. Chairman, in summary, that's the planning

18 consultant's review of the proposal in hand. We have a

19 recommendation to make. I'd be happy to review that at this

20 time or at a later time as you so choose.

21 MR. MARTINEZ: The Chair is ready for you to

22 review that recommendation.

23 MR. FOLDS: Mr. Chairman, upon review of the

24 submitted documentation within the Special Use Permit

25 application, the results of the July 13th, 2005 public

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1 hearing, the results of the public agency reviews, the

2 additional consultant documentation provided by the

3 applicant, the basis for determination of the Special Use

4 Permits within the Windsor Charter Township Zoning Ordinance

5 and the site development requirements for racetracks in

6 Section 8.6.3 (4), it is recommended that the Special Use

7 Permit application 12-005, Michigan Horse Park be

8 recommended for denial to the Windsor Charter Township Board

9 of Trustees based on the following:

10 No. 1, that the proposed use is not currently

11 served by an arterial road as required by the Windsor

12 Charter Township Zoning Ordinance as stated in Section 8.6.3

13 (4) (a), all sites shall be located on a major or minor

14 arterial. All traffic ingress and egress shall be from said

15 arterial.

16 The proposed site has access to Lansing Road,

17 Pinch Highway and Nixon Road, which are not classified as

18 arterial roadways by the common classification system

19 utilized by Eaton County Road Commission or the Michigan

20 Department of Transportation.

21 Therefore, the site does not comply with the

22 requirement of that section of the Zoning Ordinance as

23 determined by the Zoning Administrator.

24 Secondly and lastly, Mr. Chairman, the applicant

25 has not adequately defined sanitary sewer requirements and

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1 has not adequately addressed a source of required

2 transmission and treatment capacity.

3 That's my recommendation, Mr. Chairman. I would

4 be most happy to answer any questions.

5 MR. MARTINEZ: Thank you, Mr. Folds. Any

6 questions for Mr. Folds?

7 (No Response).

8 MR. MARTINEZ: Hearing none, we will move for and

9 vote on our consultant's recommendation. The Chair will

10 entertain a motion for denial.

11 MR. MARSH: I make a motion we deny the Special

12 Use Permit based on the planner's recommendation and the

13 fact it doesn't meet the Township Ordinance.

14 MR. MARTINEZ: Do I have a second?

15 MS. JOHNSON: Second.

16 MR. MARTINEZ: Second by Fran Johnson.

17 Before we proceed to vote, we had a little

18 confusion last time. We're not going to have that confusion

19 this time. Here's how we're going to do it. When we get

20 ready to vote, those that vote for the denial will vote by

21 saying yes. I will have the secretary proceed with the roll

22 call and the secretary will keep track of all the yes votes,

23 and we should be able to count fairly easy up to seven.

24 So we'll now proceed with the vote on the denial.

25 MR. BLAIR: Quick question. Just to make that

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1 clear for everybody, if you vote yes, you are voting to deny

2 it.

3 MR. MARTINEZ: That is correct. That is exactly

4 what I said. That should be very clear in everyone's mind.

5 A yes vote is a vote for denial.

6 We shall proceed with the roll call.

7 MR. BLAIR: Martinez?

8 MR. MARTINEZ: Yes.

9 MR. BLAIR: Borucki?

10 MR. BORUCKI: No.

11 MR. BLAIR: Blair?

12 MR. BLAIR: Yes.

13 MR. BLAIR: Kubicek?

14 MR. KUBICEK: Yes.

15 MR. BLAIR: Prey?

16 MS. PREY: Yes.

17 MR. BLAIR: Johnson?

18 MS. JOHNSON: Yes.

19 MR. BLAIR: Marsh?

20 MR. MARSH: Yes.

21 MR. BLAIR: The motion to deny passes.

22 MR. MARTINEZ: By a number of six to one?

23 MR. BLAIR: Six to one.

24 MR. MARTINEZ: So everyone is clear in the

25 audience, the motion for denial has passed by a six to one

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1 vote for denial of a Special Use Permit for the applicant.

2 That concludes the business on that particular

3 matter.

4 Those of you that were here for that, as you

5 leave, please leave very quietly.

6 A quick comment on that. This is the

7 recommendation that goes to the Township Board, which they

8 will take up at their next meeting, which is the 25th.

9 So you understand clearly what the process is,

10 this has been before the Planning Commission for a long,

11 long time. It was time to move it from here to where the

12 regular decision body makes a decision. We are just a

13 recommending body. The body that will make the final

14 decision on this Special Use Permit will be our Board of

15 Trustees.

16 Again, as you leave here, we have other business

17 to conduct. Please, if you could leave as quietly as

18 possible, we would appreciate it.

19 We will give you a few minutes to vacate.

20 MR. MARTINEZ: Next item of business on the agenda

21 is the McCabe plat proposal. Is Mr. McCabe here? Is there

22 any information you wish to make to this body before I go to

23 Mr. Folds?

24 MR. McCABE: Just that we're not going to try to

25 put drawings out as you and I talked about. Other than

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1 that, everything is the same.

2 MR. MARTINEZ: Mr. Folds?

3 MR. FOLDS: Mr. Chairman, this is a request for

4 tentative preliminary plat approval.

5 A preliminary site plan review meeting was held on

6 October 5th, as your policies and procedures are required,

7 so that we can bring you a complete package for review with

8 all the comments that are possible at that time.

9 This proposal is for a single family residential

10 development and consists of 12 lots. The property is zoned

11 A-1 agricultural district. It's approximately a 25-acre

12 site. The applicant proposes no public utilities for the

13 site. The Township Subdivision Control Ordinance really

14 involves as a state active, at least that process tentative

15 review, preliminary plat review and final plat review.

16 Mr. Chairman, review of the tentative preliminary

17 plat at the October 5th meeting revealed minor items, and

18 I'll go over those at this point.

19 There was a discussion that the developer clarify

20 the dimensions of the lot in the southeast corner of the

21 site. There was some changes of lot dimensions at that

22 location, and that's going to be clarified when the

23 preliminary plat is submitted and comes back to the Planning

24 Commission, and that only affects the size. There are no

25 other additions there.

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1 There was also an indication on the tentative

2 preliminary plat of surface water bordering two lots, and

3 the applicants can speak to that, but it's a situation where

4 they're going to work with the Drain Commissioner and locate

5 that on the preliminary plat, and it will be reviewed by the

6 Drain Commissioner's office.

7 You can see that just as a draft outline on the

8 tentative preliminary plat.

9 MR. BLAIR: A quick question on that while you're

10 at that point. Will that be somewhere between those two

11 lots, then?

12 MR. McCABE: That's an approximate location.

13 MR. BLAIR: I mean, it's not going to move to

14 Where it's going to involve another lot?

15 MR. McCABE: No, that's tentative, but talking to

16 Brady and the Drain Commissioner, that's what we discussed.

17 That will be for storm water runoff, you know, and feed to

18 Silver Creek.

19 MR. FOLDS: Mr. Chairman, the issue also came up

20 regarding vehicular access for a lot in the southwest corner

21 of the site abutting Canal Road and whether because of the

22 Silver Creek drain, whether that lot could be accessed from

23 the interior street or would require access directly or

24 curb cut directly to Canal Road. It's been the Township's

25 policy not to encourage curb cuts on county roads when we're

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1 approving a plat if a lot had double frontage on a public

2 street or an existing county road. And based on the

3 applicant's comments, it's my understanding that will not be

4 necessary, so all the lot access that we see in the

5 preliminary plat will be from an interior street. So we're

6 going to clarify that this evening.

7 As I mentioned previously, the applicant proposes

8 no public utilities for the site, that is specifically

9 public water and public sewer, and there are no public

10 sidewalks proposed as this is in a rural situation, and none

11 would be specifically required by either the Zoning

12 Ordinance or the Subdivision Control Ordinance.

13 So, Mr. Chairman, that was the review that staff

14 conducted and discussed with the applicant and the

15 supervisor on October 5th. We would recommend and suggest

16 that with these conditions the applicant be moved to the

17 next step, which would be the Planning Commission, back to

18 you. Thank you.

19 MS. JOHNSON: Where exactly is this at?

20 MR. MARTINEZ: Where is the exact location, Mr.

21 Folds?

22 MR. McCABE: It's on Canal Road towards I.D.C.,

23 across the street, that property there that's been for sale

24 on Canal Road.

25 MS. JOHNSON: Okay, now I have a visual.

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1 MR. MARTINEZ: Any other questions? Any questions

2 for the developer?

3 MR. OWEN: I have a question for Dan, please.

4 This is not on the corner of Walnut and Canal?

5 MR. McCABE: No.

6 MR. MARTINEZ: Questions have to be confined to

7 the Planning Commission members.

8 MR. MARTINEZ: Any further questions? The Chair

9 will accept the motion to accept the tentative preliminary

10 plat or the McCabe Plat.

11 MR. BORUCKI: So move.

12 MR. BLAIR: I'll support.

13 MR. MARTINEZ: Motion by Mr. Borucki, supported by

14 Mr. Blair. All those in favor signify by saying aye.

15 (All members respond aye).

16 MR. MARTINEZ: All those opposed, same.

17 (No response).

18 MR. MARTINEZ: The tentative preliminary plat or

19 the McCabe plat recommendation will be sent to the Board of

20 Trustees.

21 Mr. Folds, did you have any zoning changes or

22 items that you wanted to present us?

23 MR. FOLDS: Mr. Chairman, just a reminder we had

24 discussed at a previous meeting, I think it was the August

25 meeting, the standards for site plan review, and I had

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1 passed out some additional copies of that and would like to

2 request that be placed back on the agenda for discussion at

3 your next meeting so we can complete that and refer to a

4 tentative review.

5 MR. MARTINEZ: Any other items of business before

6 the body?

7 (No Response).

8 MR. MARTINEZ: Hearing none, the Chair will

9 entertain a motion for adjournment.

10 MR. MARSH: I make a motion we adjourn.

11 MS. PREY: Second.

12 MR. MARTINEZ: All those in favor signify by

13 saying aye.

14 (All Members Respond Aye).

15 MR. MARTINEZ: All those opposed, same.

16 (No Response).

17 MR. MARTINEZ: This meeting is adjourned.

18 (Meeting adjourned at 7:31 P.M.)

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1 STATE OF MICHIGAN )

2 ) ss:

3 COUNTY OF INGHAM )

4 I, M. Jane Allen, CSR-2724, a Shorthand Reporter

5 and Notary Public in and for the County of Ingham, acting in

6 the County of Eaton, State of Michigan, do hereby certify

7 that the aforegoing proceedings were taken before me at the

8 time and place hereinbefore set forth.

9 I further certify that the aforegoing transcript

10 is a complete, true and accurate transcription of my

11 original shorthand notes of the proceedings held in said

12 matter.

13 IN TESTIMONY WHEREOF, I have hereunto set my hand

14 and notarial seal at Lansing, Ingham County, Michigan,

15 acting in the County of Eaton, this 20th day of October,

16 2005.

______________________________

20 M. Jane Allen, CSR-2724

Registered Professional Reporter

MY COMMISSION EXPIRES:

May 10, 2007

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