HomeMy WebLinkAbout20123423.tiff SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 20, 2012
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street,Greeley,Colorado. The meeting was called to order by Chair,Jason
Maxey, at 1:30 p.m.
Roll Call.
Present:Benjamin Hansford,Bill Hall,Bret Elliott,Jason Maxey,Jordan Jemiola,Joyce Smock,Mark Lawley.
Absent/Excused: Nick Berryman, Robert Grand.
Also Present: Diana Aungst, Department of Planning Services; Heidi Hansen, Department of Public Works;
Lauren Light, Department of Health; Brad Yatabe, County Attorney, and Kris Ranslem, Secretary.
p' Motion:Approve the November 6,2012 Weld County Planning Commission minutes,Moved by Joyce
Smock, Seconded by Benjamin Hansford.
Motion passed unanimously.
p✓ CASE NUMBER: USR12-0059
APPLICANT: DAWN SCENA
PLANNER: DIANA AUNGST
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR A MULTI-USE RECREATIONAL PARK(MOTOCROSS)IN THE(A)
AGRICULTURAL ZONE DISTRICT.
LEGAL DESCRIPTION: LOT A REC EXEMPT RE-3083; PT N2SW4 SECTION 15, T2N, R64W OF THE
6TH P.M.,WELD COUNTY, COLORADO.
LOCATION: EAST AND ADJACENT TO CR 55;APPROXIMATELY.25 MILES NORTH OF CR
20.
p' Diana Aungst, Planning Services, presented Case USR12-0059, reading the recommendation and
comments into the record. The Department of Planning Services recommends approval of this application
with the attached conditions of approval and development standards. Ms.Aungst noted that 18 surrounding
property owner letters have been received with 16 expressing opposition to the proposed motocross race
track. One letter is in support of the project and another letter is from the mineral owner requesting a drilling
window. The 16 letters expressing opposition to the project outline concerns regarding dust, noise, fire
danger,traffic,and lower property values. The letter in support of the project indicates that the concerns about
noise and dust may be overblown.
Heidi Hansen, Public Works, reported on the existing traffic, access and drainage conditions and
requirements of the site. In July 2012 the traffic count shows that there were 35 vehicles per day on County
Road 55. According to this application the expected traffic will be from 20 to 100 riders per day 7 days a week,
utilizing the track for practice. Additionally,for the proposed 4 special events the applicants are expecting up
to 1000 riders and will need to obtain separate Temporary Assembly Permits through Weld County. Ms.
Hansen clarified that they are looking at the daily parking and traffic impacts for this USR permit and as part of
the special events the Temporary Assembly Permit will require traffic control and parking. In addition,there
will be triggers included in the Improvements and Road Maintenance Agreement.
Commissioner Maxey inquired if we have any way to see if the parking they have designated will handle 1000
vehicles. Ms. Hansen said that 1 acre will park approximately 100 cars so for the amount of acreage it should
accommodate the daily total. With anything more as requested in the Temporary Assembly Permit they would
look at that separately.
Joyce Smock inquired about the security during the large events permitted under the Temporary
Assembly Permits. Ms.Aungst stated that the Temporary Assembly Permit is submitted to the Clerk to the
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Board and is reviewed by the Board of County Commissioners so staff does not have any of those details.
Brad Yatabe,County Attorney, added that the Temporary Assembly Permit goes before the Board of County
Commissioners for approval and in regard to the security requirement it does need to have licensed security.
Commissioner Lawley asked what the trigger is for event versus the daily traffic. Ms.Aungst stated that the
hours of operation are from March 1 to May 31 and September 1 through November 30. However they are
also requesting 4 special events between May 31 and September 1. In further conversation with the
applicants, they are expecting a maximum of 400 participants for the special events.
0" Lauren Light,Environmental Health,reviewed the public water and sanitary sewer requirements,on-site
dust control, and the Waste Handling Plan. She said that the noise will be the biggest issue from the
Environmental Health standpoint. Development Standard 15 has the noise restricted to the non-specified
area,which restricts the noise level to 55 decibels during the day and 50 decibels during the evening. This is
the same level for residential and commercial. Staff is requiring a Noise Plan obtained from a Certified
Acoustical Engineer. If a complaint was received from a neighbor,staff would come out and measure the noise
from the neighbor's property. In addition,she noted that they could loan out a decibel reader to the neighbors.
Ms. Light stated that Weld County adopted a Noise Ordinance in 2008. She read excerpts from the Noise
Ordinance into the record. Ms. Light indicated that she brought a noise meter with her and it was measuring
72 decibels from her talking. She added that it would be hard to meet the noise levels according to that and
suggested listening to the applicant's noise abatement.
Dawn Scena and Norman Law, 9264 CR 55. Mr. Law said that they have tried to comply with the Weld
County Code and do not wish any harm to the neighbors. They are willing to work with the neighbors and staff
to ensure that they do it right. Mr. Law said that they are willing to address the noise issues and talk to an
engineer and put up straw bales to subdue the noise. He stated that they have plenty of water to mitigate the
dust. He added that the riders do not like to ride in dust; therefore it is in his best interest to keep the dust
controlled and maintain the track.
Mrs. Scena said that they had one(1) special event with 400 people in attendance and they didn't have any
problem with parking. They have a place in their pasture if a helicopter needs to land. They did not have any
injuries or any complaints at that time.
Mrs. Scena said that they are not expecting 100 people per day. She added that it is mainly 20 riders who
practice during the week. They don't anticipate 7 days a week, but they put 7 days in so that they were
covered if someone chose to come out and ride.
Commissioner Hansford asked what they plan to use for noise suppression. Mr. Law said that most of the
modern motorcycles are forced to comply with emission and noise. He added that they could try to require the
riders to install mufflers.
DP' The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jan Jervis, 9780 CR 57, stated that they have owned 80 acres for 16 years. They live approximately 0.75
miles away from the proposed motocross track. During the race days the noise drove them indoors and
needed to turn the radio up to drown out the noise. In addition, there was a fine mist of dust. She strongly
urged that this case be denied. Ms. Jervis indicated that they have a petition signed by over 100 people in
opposition to the race track.
Of the 26 homes located within a 1 mile radius surrounding the proposed race track, there are horse
properties, small farms, ranches, livestock as well as hay and feed crops. In addition,there are families with
kids and retirees. They are not against the sport motocross; however, upon research, successful motocross
tracks typically start in areas that are sparsely populated. They want to locate their race track in a well
established residential and agricultural community. In addition, she expressed concern over the substantial
loss in the value of their home if they were to move out of the community. Ms. Jervis noted that there was
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previous attempts of starting a motocross race and added that they failed and were shut down decisively due
to overwhelming public outcry. The following testimony from surrounding property owners will address
concerns regarding noise, dust,fire, roads and traffic,waste removal, real estate issues, and omissions and
errors in the application.
Clarice Tyler,9769 CR 57,referred to the 4 special events and stated that according to the Weld County
Code it states that"The applicant shall not allow the sound of the assembly to carry unreasonably beyond the
boundaries of the location of said assembly. Sound created from the assembly which measures more than 55
decibels beyond the boundary of the assembly is considered unreasonable." She said that a typical
motocross motorcycle measures about 96 decibels. Each time a decibel increases by 1 measure it is 10 times
the sound and pressure of noise. Ms.Tyler said that a freight train blast is measured at 96 decibels. Ms.Tyler
noted that according to the American Speech Language Hearing Association they have determined that
prolonged exposure to noise levels above 85 decibels can have the following health consequences: gradual
or sudden hearing loss, increased fatigue and irritability,tinnitus,high blood pressure,increased or abnormal
heart rate which can lead to increased risk of heart attack, insomnia,and disruption of development of babies
before birth. In addition, Ms. Tyler said that sound also affects their livestock and animals.
Ms. Tyler noted the motocross track located at 30123 CR 398 in Keenesburg was shut down and as well as
another at 2275 CR 53. Both tracks were shut down due to noise, curfew violations,trash and fire concerns.
She doesn't believe that any amount of straw will stop what a 25 foot earthen berm can't.
t" Judith Luke,9355 CR 57, stated that the land on and around Section 15 is sand 3 to 4 feet down. There
are 2 tracks in use around 5 acres in size. With the parking for the visitors, motor homes,etc.this will become
a sand lot. She expressed concern regarding the mitigation of dust and inquired how the re-allocation of
irrigation water affects the augmentation plan and if this use of irrigation water legal. She did not find a
grading permit for the construction of the 2 race tracks existing on the property. According to Section 8-12-
30.C a Grading Permit is required for construction activities that disturb over 1 acre of land. She added that if
the applicants applied for a grading permit they would have seen how it would affect their properties.
Efr Vern West, 9745 CR 57, stated that he has been a firefighter engineer for the City of Westminster Fire
Department for 21 years. Since building began on this section of land 16 years ago, he is aware of 4 major
wildfires on this section and in each case fires came dangerously close to more than 1 home. The local fire
departments work hard but they are ill equipped to handle urban interface complications that come with
building in a rural setting with no fire hydrants or water supply. He added that the motocross bikes run at
extremely high temperatures with no heat shield and no spark arrestors on their exhaust to guard against
wildfires.
Mr.West said that they did not complain on the 1 time use race because they believed it was a 1 time event.
He stated that the racers did not confine themselves to the property. In addition, racers were and will be
parked up and down County Road 55 filling gas tanks, smoking cigarettes and cooking over open fires. Mr.
West said that he talked to Tom Beach, Fire Chief Southeast Weld County Fire Protection District and Mr.
Beach said that there are no stipulations in the application for access of emergency vehicles to the race tracks.
In addition, he would like to see designated improved roads for fire and ambulance services. There should be
a secondary improved road for egress in case of fire. Mr. West stated that smoke, as well as fire, can be
deadly to humans, pets and livestock. He expressed that they should not have to live with this.
r" Jerry Feather, 9508 CR 55, stated that at the 1 time event they asked the ticket booth if it would be a 1
time event and there were told it was;therefore they went on to purchase property to the north of the site. He
said there is a jag in the road at County Roads 55 and 20 and with the amount of traffic he is afraid that
someone will not see it and have an accident. Mr. Feather said that these numbers are too much for 29 acres.
Additionally, he said that there will be 5 major oil wells going in Section 16 across the road from this facility
and will add to this traffic.
D" Patricia Draper, 9378 CR 57, stated that that they have lived there for 14 years and are located
approximately 0.5 miles from the subject site. She expressed concern over the waste from the site. She said
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that solid waste such as popcorn, plastic bottles, paper or styrofoam cups will be littering the property and
therefore blowing debris to surrounding property. The liquid waste,such as contents of portable toilets, grey
water from motor homes,wastewater from cooking and camping and asked what will be allowed to seep into
the soil and how it will be controlled. Ms. Draper said that they feel it will be almost impossible to monitor all
the vehicles and the people using this facility. She said that hazardous waste that this race track will create is
gasoline, oil, antifreeze and radiator water and any spillage on the ground will be hazardous to the
groundwater and the environment. Ms. Draper stated that the application material doesn't tell them how they
will take care of the spillage and wastes. They do not feel that this is in the best interest of the agricultural
community of Keenesburg and especially the surrounding property owners, wildlife and livestock.
Dr Christine Curl, 26521 CR 18, stated that when they purchased their property they signed the closing
papers which included the Weld County Right to Farm clause which is the same clause that the applicants
agreed to when they purchased their property. She read parts of the clause into record. Ms. Curl noted that
because she is a real estate agent she is required to disclose this request to the buyer's agent who was under
contract for the property to the north of the site. The potential buyers responded that if the motocross gets
approved they will back out of the contract and look elsewhere. Ms. Curl said that it is not compatible with
existing surrounding land uses.
Dr Peter Brown, 9769 CR 57,stated that they are opposed to the proposed motocross race track. He said
that the application tends to use broad statements,although it may have covered the requirements. In regard
to noise, he said that Ms. Scena happened to quote the wrong County Code. The correct part of the County
Code is Section 14-9-40 which outlines the permissible noise. Upon research,he added that five(5)dirt bikes
generate enough noise as 1 jet plane. He talked to an acoustical engineer and asked how much straw would
be needed to reduce sound by X decibels. The engineer said that 39 inches will reduce the sound of the noise
by 3 decibels. With the arithmetic he used, he figured 600 straw bales lengthwise because the sound is so
great. He did not find anything in the application of fire danger and protection from fire. Mr. Brown provided a
petition of over 100 signatures who are opposed to this proposed motocross race track.
Ir In response to Commissioner Maxey's inquiry, Ms.Aungst said that there was a motocross race track
located at 30123 CR 398 permitted under USR-1181. This was approved by the Board of County
Commissioners in June 1998 and was then revoked October 1998.
The Chair called a recess at 3:46 pm and reconvened the hearing at 4:00 pm.
Dfr David Bell,25526 CR 18,stated that his family farmed this ground for over 50 years and then it was sold
and split up. He said that where the race track is going to be is very sandy. He is concerned with the amount
of traffic and parking. He also questions where they are getting the water and the availability of it. He
expressed concern of what could happen to the property if it is not taken care of.
0" Bonnie McIntosh, 8335 CR 55, stated that the irrigation water comes after the 1st of June and it ends
September 1st. She added that this draw goes by their property and it is not a very good source as it would
only be available from June to September. Ms. McIntosh said that with the large event they had the dust was
unbelievable and the traffic was bumper to bumper. She is also concerned with the noise affecting their
livestock.
II Ms. Aungst followed up on why the previous USR near Keenesburg was revoked and said that the
maximum noise level was exceeded. In addition it was revoked because the applicants did not complete the
requirement of restrooms, hours of operation and building code requirements.
John Jervis,9780 CR 57,stated that they live.75 miles away from the track. He said that they are aware
of what they are in for because of the event that they held. Mr. Jervis said that they had to shut all windows
and doors and have to turn up the radio to drown out the racing.
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r Robert Sevier,27713 CR 20,stated that many of the comments are exaggerations and lies. He believes
it will bring a lot of business to the town through the purchase of gas and food. There was very little if any dust
from the track and added that it was well watered. He believes that the applicants will ensure that the site is
environmentally safe. He said that the place was so well mowed it would have been hard for a fire to get
started. He sat on the east side of the track and never saw anyone leave the track. In addition there was a
fence put up to ensure they never left the property. He said the noise doesn't bother him. He stated that
livestock will become accustomed to the noise and he believes that the straw bales will help mitigate noise
because that is what the oil and gas companies use.
• Ms. Scena said that if the water runoff is not available the Town of Keenesburg said that they could
purchase water from them and it is available. She said that there are 2 entrances into site so emergency
equipment can access the site and added that Tom Beach is aware of this. Ms.Scena said that there was and
will never be any open fires located on site. Additionally,she provided pictures of the event they held showing
that there was no dust issues during the race.
Commissioner Hall said that dust is a major issue and asked if dust mitigation could be included with
chemicals rather than just water. Ms. Hansen said that they would have an Improvements Agreement with the
applicants using the standard triggers of dust control which is usually 2 to 5 times per year applying
magnesium chloride.
Mr. Hall asked what the average number of riders per day is and if the applicant would consider lowering that
number. Ms. Scena stated that they might have 6 people. Commissioner Hansford clarified if the large
numbers are on a recommendation from staff to cover the numbers in case you go over.
Commissioner Maxey asked how they are going to control the dust blowing onto surrounding property. Ms.
Scena said that there is some vegetation that will help control some of that and would do whatever is
necessary to control that.
Mr. Maxey asked if a fence will be installed to ensure that no one leaves the property. Ms. Scena said that 1
side has a barbwire fence. Commissioner Hall asked if we could include a fencing plan into the conditions of
approval. Ms.Aungst suggested adding that to Condition of Approval 1.D.
Motion:Add Fencing Plan to Condition of Approval 1.D,Moved by Benjamin Hansford,Seconded by
Bill Hall.
Motion passed unanimously.
r Commissioner Hall asked if the applicants would be in favor of lowering the number of motorcycles on
site. Ms. Scena said that they would be comfortable at setting the limit to 50 motorcycles per day.
Motion:Amend Development Standard 6 to a total of 50 motorcycles on site, Moved by Bill Hall, Seconded
by Benjamin Hansford.
Motion passed unanimously.
The Chair asked the applicant if he read through the amended Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that he is in agreement.
r" Motion: Forward Case USR12-0059 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Bill Hall, Seconded by Bret Elliott.
Vote: Motion passed (summary: Yes= 5, No= 2, Abstain = 0).
Yes: Benjamin Hansford, Bill Hall, Bret Elliott, Jordan Jemiola, Mark Lawley.
No: Jason Maxey, Joyce Smock.
Commissioner Maxey commented that he is a huge advocate for private property rights. He said that the
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applicants did answer the questions and did their due diligence on what is required. In addition, he
appreciates the surrounding property owner comments. He cited Section 23-2-220.A.3 and Section 23-2-
220.A.7 regarding compatibility with surrounding property owners. He doesn't believe that there has been
enough evidence to show that the sound will be properly mitigated and that it would not be disruptful on a
continual basis to the surrounding neighbors for their quiet enjoyment of the property.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one had
any further business to discuss.
Meeting adjourned at 4:59 pm.
Respectfully submitted,
- /J� Digitally signed by Kristine Ranslem
't' J1(bUYi!/ / )r t�6pcy iYL Date:2012.11.2614:48:17-0700'
Kristine Ranslem
Secretary
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