1

WINDSOR CHARTER TOWNSHIP PLANNING COMMISSION

October 25, 2005

7:30 P.M.

8 RE: MICHIGAN HORSE PARK SPECIAL USE PERMIT

12 Stenographically recorded by Jayne M. Jones, Certified

13 Shorthand Reporter and Notary Public, CSR-2457, at Windsor

14 Township Fire Station, 300 East Jefferson, Diamondale,

15 Michigan.

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 MR. ST. CLAIR: We are going to do a

2 reverse because our transcriptionist has to leave by

3 8:30 so in order to make sure that these proceedings

4 are accurately recorded, we're going to remove reports

5 to the end of new business and just prior to public

6 comments.

7 So if we could have the minutes of the

8 previous meeting?

9 (The meetings of the October 11th, 2005

10 were read aloud in the proceedings by Ms. Towsley.)

11 MR. ST. CLAIR: Additions or corrections?

12 (No response.)

13 MR. ST. CLAIR: The Minutes are approved as

14 read.

15 Okay. Is there any unfinished business?

16 If there is none new business, then the McCabe

17 Tentative Plat --

18 MR. BLAIR: I would make a motion that we

19 accept the Planning Commission's recommendation to

20 approve the McCabe Tentative Preliminary Plat based on

21 the recommendations of its consultant.

22 MS. BUTLER: I'll support that.

23 MR. ST. CLAIR: Is there any discussion?

24 (No response)

25 MR. ST. CLAIR: Hearing none, all in favor

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 signify by saying aye.

2 (All Commissioners respond aye)

3 MR. ST. CLAIR: The motion is carried.

4 The next item is the one that obviously

5 everybody has been waiting for and we'll get into it.

6 I'm going to indicate, though, that this will be a

7 Board discussion with questions to Mr. Foulds and

8 possibly Mr. Robinson.

9 The record is pretty clear. I think all

10 the evidence has been presented. I don't anticipate

11 hearing from either the Applicant or the Public. This

12 will be a Board decision.

13 Having said that, Dan, is there a

14 resolution?

15 MR. BLAIR: Yes. Based on the Planning

16 Commission's recommendation of --

17 MR. ST. CLAIR: Excuse me, Dan. Let me

18 backup. Any comments that anyone might make -- want to

19 make -- after this part of this meeting, will be

20 available after the Public comments portion.

21 Excuse me.

22 MR. BLAIR: Okay. Based on the Planning

23 Commission's recommendation to deny the request for

24 Special Use Permit at its October 12th meeting, I would

25 offer the following resolution to deny the Special Use

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 Permit:

2 WHEREAS, the applicant has requested a

3 Special Use Permit for the purpose of developing a

4 horse park to be known as Michigan Horse Park, the uses

5 and events of which would include Thoroughbred and

6 other breed racing, indoor and outdoor horse shows,

7 rodeos and other events as described in the

8 application; and

9 WHEREAS, the site is a vacant 200 acre

10 irregular shaped parcel north of Pinch Highway, east of

11 Nixon Road and west of Lansing Road, in the M-1 Light

12 Industrial District: Agricultural which permits race

13 tracks by Special Use Permit pursuant to Section 5.9.4

14 (a) and 8.6.(4) of the zoning ordinance; and

15 WHEREAS, the Planning Commission held a

16 public hearing on June 8, 2005 and thereafter

17 considered the general standards for determination as

18 described by the Township's planning and zoning

19 consultant at the planning commission meeting of

20 October 12, 2005 as well as the reports from that

21 consultant dated June 14, 2005, July 6, 2005 and July

22 28, 2005; and

23 WHEREAS, the planning commission, on

24 October 12, 2005 recommended that the Township Board

25 deny the applicant's request for a Special Use Permit

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 to operate a thoroughbred and other horse breed racing

2 facility together with hotel/motel uses for the reason

3 that the property is not served by an arterial road as

4 required by Section 8.6.3(4) of the Township's zoning

5 ordinance, and for the reason that the applicant has

6 not adequately defined sanitary sewer requirements and

7 has not adequately addressed the source of required

8 transmission and treatment capacity;

9 NOW THEREFORE IT IS RESOLVED that:

10 Section 8.1.3 of the zoning ordinance sets

11 forth general standards to be considered by the

12 Township in making determinations on applications for

13 Special Use Permits. The first consideration being

14 that the proposal use:

15 Be harmonious with, and in accordance with,

16 the general principles and proposal of the

17 Comprehensive Development Plan of Windsor Charter

18 Township.

19 In this instance the Windsor Charter

20 Township Comprehensive Development Plan recommends this

21 area for industrial/manufacturing uses. The site is

22 currently zoned as an M-1 Light Industrial Zoning

23 District and would by right permit a wide range of

24 industrial activities. The uses permitted by right are

25 intensive in nature and would be expected to generate

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

(517) 393-2884 FAX (517) 882-0985

1 substantial amounts of noise, odor, light, vibration

2 and vehicular activity which would be addressed only

3 during the site plan review process. The proposed race

4 track use may be permitted only by Special Use Permit,

5 but does not appear to be a use more intensive than, or

6 incompatible with, the uses permitted by right in this

7 zoning district, or the general recommendations of the

8 Comprehensive Plan.

9 The second criterion states that the

10 proposed use must:

11 Be designed, constructed, operated, and

12 maintained so as to be harmonious and appropriate in

13 appearance with the existing or intended character of

14 the general vicinity and that such a use will not

15 change the essential character of the area in which it

16 is proposed.

17 Because the existing character of the area

18 is rural residential and agricultural, any development

19 would arguably change the essential character of the

20 rural agricultural landscape. However, the intended

21 character of the general vicinity, as recommended by

22 the Comprehensive Plan, and its existing zoning, is a

23 manufacturing/industrial land use. It appears the

24 proposed use would be harmonious with the industrial

25 and manufacturing uses otherwise permitted by right

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

(517) 393-2884 FAX (517) 882-0985

1 with respect to appearance as well as in regard to

2 levels of traffic, noise, light, odor and vibration.

3 The third criterion is that the proposed

4 use would:

5 Not be hazardous or disturbing to existing

6 or future uses in the same vicinity.

7 This zoning district provides for a

8 transition to the industrial and manufacturing uses

9 contemplated by the Township's Comprehensive Plan,

10 which already provides for progressive development of

11 this area. The results of professional traffic impact,

12 lighting impact, and noise studies indicate that the

13 proposed use would be no more disturbing than the uses

14 now permitted by right in this zoning district.

15 The fourth criterion is that the area must:

16 Be served adequately by essential public

17 facilities and services such as highways, streets,

18 police, fire protection, drainage structures, refuse

19 disposal, water and sewer facilities, or schools.

20 Although police, fire, drain, and solid

21 waste facilities appear to be adequate and capable of

22 adequately serving the site, the area is not served by

23 an arterial road as required by Section 8.6.3(4) of the

24 zoning ordinance. Applicant's attempts to have Lansing

25 Road designated as an arterial roadway have not been

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 successful. In addition, the applicant has not

2 addressed sanitary sewer transmission and treatment

3 plant capacity issues.

4 The zoning ordinance also requires that the

5 use by Special Use Permit must:

6 Not involve uses, activities, process,

7 materials, and equipment or conditions of operation

8 that will be detrimental to any person, property or

9 general welfare; for example, traffic, noise, smoke,

10 fumes, glare, or odors.

11 None of the proposed uses and activities

12 appear to be more intrusive or detrimental than the

13 uses permitted by right in the applicable zoning

14 district.

15 Finally, the proposed use must:

16 Be consistent with the intent and purpose

17 of the zoning district in which it is proposed to

18 locate such use.

19 The M-1 zoning district permits many of the

20 uses requested by the applicant by right, subject only

21 to site plan review. Only the race track and

22 hotel/motel aspects of the application require Township

23 Special Use Permit approval, and, if granted, the uses

24 would be subject to site plan review to ensure

25 compliance with the intent, purpose and provisions of

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 the ordinance.

2 Upon review and consideration of the

3 criteria listed above, the public agency reports

4 received, the Special Use Permit application and

5 supplemental information, consultant reports,

6 transcripts of the public hearing and planning

7 commission proceedings and the planning commission's

8 recommendation;

9 It goes on to say: The application for

10 Special Use Permit 02-005, Platinum Partners, LLC -

11 Horse Park shall be and hereby DENIED for the reasons

12 that:

13 1. The proposed site is not currently

14 served by an arterial road as required by the Windsor

15 Charter Township Zoning Ordinance, Section 8.6.3(4)(a).

16 2. Applicant has not adequately defined

17 sanitary sewer requirements and has not adequately

18 addressed a source of the required transmission and

19 treatment capacity.

20 MR. ST. CLAIR: Is everyone clear on what

21 the resolution says?

22 (No response)

23 MR. ST. CLAIR: Is there support?

24 MRS. ST. CLAIR: I'll support.

25 MR. ST. CLAIR: Okay. Now we can go into

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 the discussion.

2 I had a rather long shopping list of

3 remarks that I was going to make regarding some of the

4 peripheral things that came up during the proceedings

5 preceding this particular meeting. I have concluded

6 that those would be counter-productive and this

7 conversation has to deal strictly with those items that

8 are provided for in the Zoning Ordinance.

9 Mr. Foulds in his report to the Planning

10 Commission at the last meeting I think did an excellent

11 job. He covered these.

12 I think the Resolution also covers the

13 things that we have to deal with. I think it should be

14 perfectly clear from my perspective that there are

15 really two reasons for denial. The project really

16 satisfies the rest of the criteria.

17 I'm not -- would not consider changing the

18 rules of what we're dealing with during the midst of

19 this proceedings. I'm not saying that in the future I

20 might not look at something different but to do so,

21 would be contrary to what I believe.

22 I'm willing to support this proposal based

23 on the information as presented.

24 I would open this discussion to any of the

25 other Board members. If they disagree on this, I would

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 love to hear it. If they don't disagree, I would also

2 love to hear that.

3 MS. BUTLER: I would like to know what

4 proposal it is that you're supporting?

5 MR. ST. CLAIR: To deny the Resolution. To

6 deny the Special Use Permit. That was the preface --

7 MR. BLAIR: Yes. The Resolution to Deny

8 the Special Use Permit.

9 MR. ST. CLAIR: God, I hope that was made

10 clear.

11 MR. KLINE: Yeah, I don't see where we have

12 any choice except to deny it.

13 MS. TOWSLEY: I agree with Phil. The road

14 didn't get changed. The Applicant tried and it didn't

15 happen so we have to proceed with what we have to work

16 with and that's what we have.

17 MS. ST. CLAIR: I also agree.

18 MR. BLAIR: I think as usual we need to

19 stand on the recommendations of our consultant and also

20 our attorney in any of the actions that we take and I

21 think this is another one of those situations where we

22 need to do that.

23 MS. BUTLER: And the Planning Commission

24 did a really good job of sorting through all of this

25 and then they came up with their recommendation.

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 MR. STUETER: Agreed.

2 MR. ST. CLAIR: Okay. Having said that, I

3 guess we're ready, if there is nothing further, then --

4 yeah, I want to make it perfectly clear a yes vote -- I

5 don't want to get into that, what we got into last

6 time -- a yes vote would be to deny this Special Use

7 Permit.

8 Does everybody understand?

9 MS. BUTLER: Say it again, please.

10 MR. KLINE: A yes vote is to deny, the

11 motion is denied. A yes vote is to deny.

12 MR. ST. CLAIR: All clear?

13 MS. BUTLER: Um-hum.

14 MR. ST. CLAIR: Call the roll.

15 MS. TOWSLEY: Stueter?

16 MR. STUETER: Aye.

17 MS. TOWSLEY: Butler?

18 MS. BUTLER: Aye.

19 MS. TOWSLEY: Towsley? Aye.

20 Art St. Clair?

21 MR. ST. CLAIR: Aye.

22 MS. TOWSLEY: Jan St. Clair?

23 MS. ST. CLAIR: Aye.

24 MS. TOWSLEY: Blair?

25 MR. BLAIR: Aye.

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 MS. TOWSLEY: Kline?

2 MR. KLINE: Aye.

3 MS. TOWLSEY: The Resolution is denied 7 to

4 0.

5 MR. ST. CLAIR: Okay. We'll move onto the

6 next item.

7 (End of new business and order of

8 transcript.)

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985

1 STATE OF MICHIGAN)

2 )SS

3 COUNTY OF CLINTON)

4 I, JAYNE M. JONES, CSR-2457, a Shorthand

5 Reporter and Notary Public, in and for the County of

6 Clinton, acting in the County of Eaton, State of

7 Michigan, do hereby certify that the aforegoing

8 proceedings were taken before me at the time and place

9 hereinbefore set forth.

10 I further certify that the aforegoing

11 transcript is a complete, true and accurate

12 transcription of my original shorthand notes of the

13 proceedings held in said matter.

14 IN TESTIMONY WHEREOF, I have hereunto set

15 my hand and notarial seal at DeWitt, Clinton County,

16 Michigan, acting in the County of Eaton, this 8th day

17 of November, 2005.

20 ________________________________

21 JAYNE M. JONES, CSR2457 --

22 RPR, CM.

23 Notary Public, Clinton County, MI

24 My Commission Expires: December 31, 2006

ALLEN COURT REPORTING

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

(517) 393-2884 FAX (517) 882-0985