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Home My WebLink About20123584.tiff EXHIBIT INVENTORY CONTROL SHEET Case USR12-0059 - DAWN SCENA, C/O NORMAN LAW Exhibit Submitted By Description A. Planning Commission Resolution of Recommendation B. Planning Commission Summary of Hearing (Minutes dated 11/20/2012) C. Planning Services PowerPoint Presentation Bonnie and Robin D. McIntosh Emailed Objection Letter dated 11/25/12 E. Kathy Kovanda Emailed Objection Letter dated 11/26/12 Charles and Kathy F. Kovanda Mailed Objection Packet dated 11/29/12 G. Judith and Donald Luke Emailed Objection Letter dated 12/13/12 H. Dean Beck Emailed Objection Letter dated 12/16/12 Randall and Patricia I. Draper Emailed Objection Letter dated 12/16/12 J. Patricia Reisbeck Emailed Objection Letter, dated 12/17/12 K. Sarah Gregory Support Letter, dated 11/20/12 Matthew and Suzana L. Sweney Support Letter, dated 11/19/12 M. Donald Eroughty (sp?) Support Letter, dated 11/19/12 N. Applicant 4 Photographs O. Christine Kurl 1-Mile Radius Map (1 page) P. Clarice Tyler DVD of track activity/sound Q. Clarice Tyler Presentation Notes (3 pages) R. Clarice Tyler Decibel Chart (1 page) S. Clarice Tyler Dirt Rider Magazine Article (2 pages) T. Clarice Tyler Sound Study (10 pages) U. Clarice Tyler Motocross Track Ruling (3 pages) Weld County Resolution and backup, USR-1181, V. Clarice Tyler PL1250 (57 pages) W. Jerry Feather Photograph (1 page) 2012-3584 X1-X4. Vern West 4 Photographs Y. Vern West Table (1 page) Z. Vern West Map (1 page) AA. Vern West Presentation Notes and Research (45 pages) BB. Patricia Draper Presentation Note cards (10 pages) CC1- CC2. Patricia Draper 2 Maps DD. Patricia Draper House Photograph EE. Patricia Draper Sunrise/Sunset Table FF. Judith Luke House Photograph GG. Judith Luke Presentation Notes (5 pages) HH. John Jervis Presentation Notes (10 pages) 111-114. John Jervis 4 Photographs JJ. John Jervis Nuisance Definition (1 page) KK. John Jervis Petition (11 pages) 2012-3584 .at i VI±(1 , 1 >•• ; 4 fit l 1 �'T t M Y \ter 1_ %Yr\,'fi y�7 % , i ,i ..,A.412„,.:-‘:. f .5Z.-': C\ Ifs \I n "�.n `h^ v } C �t M1 ¢¢r1. 7 r 11 c,(41 1 t•t.t r:' r� - .IY :");-$:-... 4'. :r, 1 + tf%�:7i 1i X11y t ?>s,`I ~ 3 r' },. I p } 999 salt,f,44 f4 ,,b • ' L , q, #;• x' O,1 A t Q itti ji 1 g[ E ""11 O ,41 i It :'7,t� k� L S<•'f t' '1 f I 1 4 Y C < Ili a... - ' $ 4 a Ili I sd 1 , it 1ly)f3 t♦t jl, �� •` If.:; ' rr- ,l y u6)�.1. r .. 1 Ci EXHIBIT 1 C (i'Deid✓,(1-, l Karla Ford Ooom: Esther Gesick nt: Monday,November 26.201210:05 AM : Karla Ford Subject: FW'Are you red up with me yet? Attachments: Motorcross Race Track.doc:ATT00001.htrn BOCC Exhibit Esther E.Geskk Deputy Clerk to the Board/Office Manager 1150 0 Streel(P.O.Box 758/Greeley,CO 80632 teh (970)336-7215 X4226 1 ` �t rr •set sad dentiataamloo.Tun aronlr transmd.cunandshy orrohoddammnte or ahem:drypare Mlerded only Mt Ire or rncaa to Much It it-addrex.M and tide<entaln Mrmutmn that It ofhileced.aonfidenlsl or otheralie panted hem dabsure.It hawre4 the M'ammmunlmtmn mama,peen IV Nc tomnjniry sonde b,mtaneats and deeroyher communkamec' is ditdwwe,<apetG detbnrpn or the tamp of any octalwmwning the COiaaa el tide communlmtionat any attachmeith br anNne other than the named momenta adtelr moots From:Barbara*tkmeyer Sent:Sunday,November 25,2012 8:50 PM To:Esther Gesick Subject:Fwd:Are you fed up with me yet? • Sent from my iPhone Begin forwarded message: From:BONNIE MCINTOSH<bOnnierobin(r ansd.com> Date:November 25,2012,7:38:17 PM MST To:Dave Lung<dlonggeo.weld.co.up,Douglas Rademacher <pRodernacheniteo.wcld.co.u.s>,Barhura Kirkmeyer<bkirk rncvuCrrbo.weld.co.us>,Sean Conway<sconway.^a.co.weld.co.us>,William Garcia<W'Cun:ia/atco.weld.eo.hs>, "bonnicrohin(nlman.eotn".'bo7 bi @xn.utm> Subject:Arc you fed up with me yet? This time 1 promise it is correct. 'flanks,Bonnie McIntosh 303-732-4137 • 8335 WCR 55 • Keenesburg, CO 80643 To: Weld County Commissioners Re: USR12-0059 Motorcross Race Track Application We are Bonnie and Robin McIntosh, 8335 WCR 55, Keenesburg, CO 80643. We are writing this letter to protest the above request for a permit to operate a Motorcross Race Track at 9264 CR 55, Keenesburg, CO., 80643. Our main objections are noise that continues all day (it seemed like), which we already experienced when they had an event back in March. The roar of one motorcycle is bad enough, but when you multiply that by 100, even the cattle are traumatized. During the Planning Meeting the witness for the race track said most of us got up there and lied. Then he cited my experience which was the ungodly amount of traffic produced by the event back in March.. When their event was over we had bumper-to-bumper traffic from road 20 to road 18 on CR55. Our farm extends 3/4 of a mile on the stretch of road between 20 and 18. The dust raised by that amount of traffic was unbelieveable. The witness for the racetrack said how could there be dust if the traffic was bumper-to-bumper. I didn't say it was a parking lot, I said the traffic was moving but was bumper-to-bumper from 18 to 20 on 55. Have you ever seen a gravel road after that much traffic has traveled over it? The gravel and dust is pulverized by that • much traffic, and it doesn't take much to get it airborne. Our cows pasture alongside road 55. The dust caused by the traffic already traversing this road is bad enough, so if you add 3-400 cars this race track is going to cause, the amount of dust raised will more than likely cause our cows to come down with dust pneumonia. The dust is not only in the air, it also settles on the grass and the cows eat it. You can't have that amount of traffic on a country dirt road without repercussions. The next problem we face is the devaluation of our property. On December 5, 2012 your board will be deciding on a 40-dog kennel right next door to our property. As if that's not bad enough, we are now also faced with the possibility of your board approving this motorcross race track. Who would want to buy property next door to a 40-dog kennel and just up the road from a motorcross race track. My husband and I are at the age we want to retire. We were counting on the proceeds from the sale of our farm to last us the rest of our lives. Now it looks like we are not even going to be able to sell our farm because of the undesirable practices that are being approved to exist in our neighborhood. Why doesn't Norm Law and Dawn Scena put their race track out where there are no houses for miles. That way, if people move into the area where a race track already exists, they do so knowing that they are buying next door to a race track. As it is, we moved here 11 years ago for peace and quiet. The race track people moved in approximately 2008. We feel like we are being raped by practices being allowed to move in around us. We've worked hard on our property to • improve the value of it. I guess we are at your mercy as to whether or not all our efforts were in vain. I don't understand why our right to peace and quiet, and the right to raise our cattle without all the dust and noise from the racetrack is less important than the rights of the people who want to build this race track. My husband and I appeal to your board to consider the wishes of the vast majority of the people that live in this area and withhold your approval of USR12-0059. Sincerely, Bonnie and Robin McIntosh Karla Ford ram: Esther Gesick nt: Monday.November 26.2012 3:32 PM a: Karla Ford i Subject: FW:USR12.0059 Attachments: image003.png:ATT00001.htm:OOCC.doc;ATT00002.hbn Esther C.Gesick Deputy Clerk to the Board/Office Manager 1150 05treet(P.O.Box 758/Greeley,CO 80632 tat_(970)336-7215 X4226 P t rc oConliMv icnimin nt nn.tcn that islf llinnlas4rmd.cca aria any ty otl.d d ,p.&ntSed cant Miclrn',.'vu.,Walled Vnl.lm inn pi An ur Mciu,to Whop II icaddrossal I Arad aweclynob MIIcodoq ,peke, con.identul or olhe,Moe manna Iran dco't.lowm.II vs.haveAd thnf or uny Gtion in WV,paw ImmndlahJy oathweer bypeke,e-mall and&'achy the aarnmunkaran.My dlsdmure,wpm&451tlhunln Alnl t eUlmd or my xlon tnrcnminh to mnlenb odtlrewmmuniwlon or Any attachments byanyane Whet I hap Mn namcd reagent a siritllyteenthOA it0Mt Tom Parko lit:Monday,November 26,2012 3:09 PM To:Esther Gesick Cc Diana Aungst Subject Fwd:USR12-0059 FYI. Sent from my iPhone Begin forwarded message: From:William Garcia cWGi1rcjwka)uo.weld co us> Date:November 26,2012.2:04:03 I'M MST To:Tom Parka<warkofrewtweW.co.us- Su b ject:FSSt:I:SR 12.0059 Please add to file. • EXHIBIT gOf Garcia k TS s E Weld County Commissioner at-Large ��__-�,4:4-?:,-,I—�a (21.'72,—3 1 TO: All Weld County Commissioners FROM: Kathleen Kovanda 2 Bar K 9718 CR 57 Keenesburg, CO 80643 RE: USR12-0059 Nov. 19, 2012 I was out all afternoon working on the ranch, yesterday, and it was so peaceful that I decided to really listen to the sounds around me. I heard a distant train whistle, distant rifle shots from hunters, a donkey, a rooster, cattle mooing and some horses whinnying. It was food for my soul and I know why I live here and care for livestock. All that will change if you allow the motor cross track to be built. My day starts at 5 A.M. as it is now and quits at dusk. If my animals are subjected to that noise I will be forced to care for them after dark and my day will be even longer. All my animals have been terribly upset by the motorcycle noise coming from that property in the past. I will be forced to consider if I want to continue my business under those circumstances. I have been raising natural beef and horses for sale since 1999 in this location. If I am forced out due to stress of either myself or my animals I will lose a great . part of my income. You would trade my business for that of the motor cross. Weld County has previously shut down two motor cross tracks due to the noise and other violations and became a great hardship on the surrounding property owners. Why must we go thru that again? With all the accompanying Sherriff calls and court time that ends up being involved. The area property owners are not prone to work together on anything, but this has brought us all together, except for one member of one family. Please consider that you do not have letters from two properties to the north as these are in foreclosure. Please feel free to visit the area and experience it for yourselves. Kathy Kovanda S Esther Gesick torn: Esther Gesick et: Monday,December 03.2012 11:41 AM 0: 'Kathy Kovanda' Subject: RE:USR12-O059 Hello Kathy, We received your packets in this morning's mail and one will be kept for the original case file and scanned in as an Exhibit for the Board of Commissioners to review prior to the hearing. Please let me know If you need anything further. Thank you, . Esther E.Gesick Deputy Cterk to the Board/Office Manager 1150 O Street/P.O.Box 758/Greeley.CO 80632 tel: (970)336.7215 X4226 ire, Coadentalily tle4ke TIM exctmnx emnsmtmon ad m atbfned dmmmenbet tuner wallets are ln:nndcd only for the person cr entity to which it 6 ddrecwd J may cOmaw W intarmaa that espnyikyed,coithdential o,otherwiie dtOteibt0 from diulawrad you haae mewedchit ccenon.mtaden In error,plane �medially entity order by return e mid and dnbc,the cummmn%cation Any c cclnadn.sapling,dlmlbuv or on the blond of nay anion manning tlocontents chlc ranm,nxaen or any attachment,by'antw.eother Ihan lhonamtd rccbbmic clrctly prohibited. From:Kathy Kovanda(maito:kkovandadaovmc.orol Sent:Monday,December 03,2012 11:10 AM To:Esther Gesick Subject USR12-0059 Please note our objection to this proposed motocross trade.We have mailed a packet of Info to each commissioner and would like to make sure they receive them before the hearing on 12.19.12. We will be attending the hearing along with ALOT of other people opposed to this. Thank-You Charles and Kathleen Kovanda 2 BAR K Ranch Cunlideoliality Notice:This e-mail message.including any attachments,is.for the sole purpose of the intended I eel pient(sj and may contain confidential and privilegcl information.Any unauthorized review,use.dlsclusure or diaribudon is strictly prohibited.I f you arc not the intended recipient,please contact the sender by"lteply"a-juail and deslmy all copies of the origioal message. 1 • 11/29/12 TO: All Weld County Commissioners 1150 O Street Greeley, CO. 80632 FROM: Charles and Kathleen Kovanda 2 BAR K Ranch 9718CR57 Keenesburg, CO. 80643 303-732-0255 RE: USR12-0059 Scena, Dawn First of all we would like to rebut the "exaggerations and lies"that we were accused of, by proponents of USR12-0059, at the planning hearing on 11/20/12. We are not in a flyover pattern for DIA. There is no plane noise out here. The train and I-76 noise is barely audible and off in the distance. We are a lot closer to the proposed motocross track that the trains or I-76. • Our driveway and arena does NOT blow. The drive is graveled, as most area drives are, and the arena is mowed, NOT torn up. Our pasture is NOT overgrazed, as stated. The above reasons were just used to justify the noise and dust that will occur with this track. Also it was stated that riders did not leave the property during the previous race. Apparently he was not watching everywhere and everyone as riders did leave and were on the private part of 57, trespassing, and causing injury, damage and very upset livestock on the day of the previous race. The track WAS used for longer than just the race day, as the noise was apparent for a few days before the race. See an enclosed copy of the facebook page as evidence. On this page, pictures are also posted that show either dust or air pollution out the back of the motorcycles. The town of Keenesburg will benefit very little if at all from this track. When my children participated in this activity, years ago, most people brought their own food, parts and gas. Only one person in one family is in favor of this track while all the other neighbors do not want this nuisance in their backyards. A lot of people in the town do not want it either as evidenced by the petitions turned in at the planning hearing. 100 plus signatures! OBJECTIONS: • Noise: They can not keep the level to 55 dbl with 6-50 motorcycles running at one time. Add the noise of the PA system and we heard every word during the last event! Can L • they afford to hire and acoustical engineer and the make the improvements he recommends? (If any would work) From knowing them and the cost of weed free, fire retardant large straw bales, the cost and number needed, I think not. So then we have violations occurring that we have to deal with while the sheriff and county courts slowly work to shut it down. Dust: Blowing sand from the tracks will take daily watering, in use or not, to control. Also the parking lots. Do they have a contract in place to buy water or just a"sure you can get it from us"? Hours of Operation: loam to dusk 7 days a week. When do the neighbors get to enjoy their property? After dark only? They would limit it further to allow the neighbors evening hours to feed livestock, watch a sunset, visit on the patio and just enjoy the peace and quiet, if they had any concern for anyone else. Also limit the days. Split the weekends? Retail Store: Not an appropriate use of AG land. Liability Insurance: A waiver on a ticket stub is not a substitute. We know as we run a gymkhana business (off-site) and must carry extra insurance as dictated by our homeowner's insurance company. This inspite of the state's equine law which does not apply to motorcycles. We do not feel that Dawn Scena has the financial ability to comply with the requirements set forth and would then operate in violation. The county has had to shut down two tracks around Keenesburg in the past because of noise and other violations. • Judges in other states have declared them a nuisance and interfering with the rights of other property owners to quiet enjoyment of their property, and shut them down. Do we have to go thru this again? In conclusion, we agree with Chairman Maxey when he cited sections 23-2-220A3 and 23-2-220A7 with respect to compatibility with the surrounding properties and the inability of the other property owners to have quiet enjoyment of their property without the continual, disruptive noise. Respectfully, Charles and Kathleen Kovanda (14) Whirl Wind Sand Cross at Keenesburg Page 1 of 2 • is Search for people,places and things II Chuck Kovanda Home • C Sponsored ti`- Headturning__ Flowers R__Whirl Wind Sand Cross at Keenesburg Like Message t 14 likes•0 were here Did you know, sunflowers turn their .. - --• - - heads toward the sun? Sports&Recreation•Add a category Y v Turn toward 9264 CR 55,Keenesburg,CO. q 1800Flowers_com today 1 (303)550-0930 1'F FREE Diabetes r:.°" ,, • Bracelet qualityhealth.com About Photos Likes Mar, 1 tlighlightS CI Support awareness with a FREE Diabetes Bracelet!Click here to Post Photo/Video Recent Posts by Others See All get yours mailed today! Write something... I Marie Swift Looks like an awesome place for dirt bike riders to practice!... LCreate Page Apnl 21 at 3:01pm IPlow Recommendations Anage Law `I1 you aint makin'dust,yer eatin'it! .! i Joined Favelwk [Write a recommendation.. ---- I April 14 at 10:35Dm l Jj I ® Chance Law THERE IS A KEENESBURG MOTOCROSS PRACTICE ALL WE... I •April 14 at 6:38prn • More Posts Earlier in 2012 liWhirl Wind Sand Cross at Keenesburg jlii Whirl Wind Sand Cross at Keenesburg April 18 i April 6 ! I - y Practice this Saturday April 21 10am-3pm see ya there!! ' Y4 Like•Comment•Share 1 , :, _ ;-c' . • Whirl Wind Sand Cross at Keenesburg - - ),5.-April 3 1/ l / Norm and myself would like to Thank the SRAC,Glenn Sharp and j , all the staff for all your hard work on putting together a great I --=:.: yf.-f race at our Sand Cross.It was a wonderful experience and hope inner to have more.Will post photos soon.Have a great season!! �a .) Like•Comment•Share 3 I -- Whirl Wind Sand Cross at Keenesburg - Illi III April 3 Open for practice every other saturday lj -:4.'�,. Starting April 7th 10-3 I ' Chat(7) 1 http://www.facebook.com/WhirlWindSandCrossAtKeenesburg 11/21/2012 • 11/28/12 TO: Option One Mtg. Corp. 6501 Irvine Center Drive Irvine, CA 92618 FROM: Kathleen Kovanda 9718CR57 Keenesburg, CO 80643 303-732-0255 RE: Scena,Dawn M 9264 CR 55 Keenesburg, CO 80643 a e CST Parcel# 130515000033 Lot A R1032702 Weld County, CO )O NOT '-1\po u1/4--) $ To Whom It May Concern, Dawn Scena is planning a commercial retail store and two motocross tracks on this property. I understand you hold the mortgage on this AG-RES zoned property. She has a hearing with the Weld County Board of Commissioners on Dec. 19, 2012 seeking • approval. After conversations with my mortgage company, I decided to write and inform you of this, as my mortgage company stated they would not allow an AG-RES mortgage to remain on a now commercial operation. The residence would now be apart of a non-ag related business. My company would require a refinance to commercial. I also understand that she is 4 payments behind and foreclosure begins at 6 payments behind. This property will be torn up to create these motorcycle tracks. How will your interest be affected? If you object to this letters and e-mails need to be to ALL of the commissioners, to make it into the file, by the hearing date of 12/19/12 at 10 am. I understand that this is short notice,but I just found out that you hold the mortgage. I will inform the homeowner's insurance company also, as soon as I determine who it is. Weld County County Commissioners 1150 O Street Greeley, CO. 80632 970-336-7204 Commissioners are Dave Long, Douglas Rademacher, Barbara Kirkmeyer, Sean Conway and William"Bill" Garcia • Respectfully, Kathleen Kovanda da� • TO: All Weld County Commissioners FROM: Kathleen Kovanda 2BarK 9718CR57 Keenesburg, CO 80643 RE: USR12-0059 Nov. 19, 2012 I was out all afternoon working on the ranch, yesterday, and it was so peaceful that I decided to really listen to the sounds around me. I heard a distant train whistle, distant rifle shots from hunters, a donkey, a rooster, cattle mooing and some horses whinnying. It was food for my soul and I know why I live here and care for livestock. All that will change if you allow the motor cross track to be built. My day starts at 5 A.M. as it is now and quits at dusk. If my animals are subjected to that noise I will be forced to care for them after dark and my day will be even longer. All my animals have been terribly upset by the motorcycle noise coming from that property in the past. I will be forced to consider if I want to continue my business under those circumstances. I have been raising natural beef and horses for sale since 1999 in this location. If I am forced out due to stress of either myself or my animals I will lose a great • part of my income. You would trade my business for that of the motor cross. Weld County has previously shut down two motor cross tracks due to the noise and other violations and became a great hardship on the surrounding property owners. Why must we go thru that again? With all the accompanying Sherriff calls and court time that ends up being involved. The area property owners are not prone to work together on anything, but this has brought us all together, except for one member of one family. Please consider that you do not have letters from two properties to the north as these are in foreclosure. Please feel free to visit the area and experience it for yourselves. Kathy Kovanda • Oct. 29, 2012 TO: Weld County Department of Planning Services 1555 N. 17th Ave. Greeley, CO 80631 Attn. Diana Aungst Re: USR12-0059 Scena This letter is to register our objection to USR12-0059 Scena. 1.) They state that motorcycles and horses are proposed uses. We know from personal experience that those two activities do not mix. Therefore they will default to only motorcycles. That is not an agricultural use of the property. It should not be permitted to run a commercial enterprise on agricultural zoned property. 2.) During the March/April 2012 event held on that property, the noise started at 6 am and continued all day. We live approximately 3/4 to 1 mile from the property across the fields and still heard a lot of noise. It certainly disturbed our peace. They also state that there were no complaints. That is only because they told • everyone that it was a one time event. The noise upset all the livestock in the area for the whole day and they were impossible to work with. 3.) During the March/April 2012 event, riders rode across private property and through high, dry grass and pasture land to ride down the private part of road 57 and harass and tease the dogs that live there. I had to ask them to leave more than once. They also created a fire hazard in the dry grass with the sparks from their motorcycles. A prairie fire was a real possibility and one this area has experienced before. We have no wish to go thru that again. 4.) They state that approximately 350 people were at the March/April 2012 event and there could be upwards of a 1000 at future events. On 30 acres!!! We run gymkhanas on 120 acres in Ft. Lupton and when we have about 250 people we are wondering what to do with everyone. That includes about 90 riders, 100 vehicles and 150 spectators. I do not want to even envision 1000 people and all the vehicles on 30 acres. 5.) They state that there are no houses near. That is totally false. From the road in front of their house I could see 6 houses and there are many more just over the ridge.(see maps) The noise carries to all of these houses. 6.) The truck driving school, landfill and auto salvage yard do not cause a noise problem. 7.) Why would commercial noise levels be allowed to disturb the whole area? This is not commercial land nor a commercial area. It is zoned agricultural because it is used to raise horses, cows and hay in that area. The noise associated with farming and livestock is expected. A commercial motorcycle track is not, nor the • associated noise levels. • 8.) A retail business has no place on this land. Retail businesses belong on commercially zoned land. 9.) For erosion control they state that they have planted trees. These trees are 1-2 feet tall. What kind of control is that? When the wind blows out here the sand moves around a lot and piles up against fence lines and trees. Trees that size will not hold it back. Our pastures, corrals and homes will be covered in blowing sand. Real estate will be exchanged with the wind! The only way to prevent this is to cover their track with gravel or grass. 2 Bar K Ranch Charles and Kathy Kovanda 9718CR57 Keenesburg, CO 80643 303-732-0255 As a footnote—on 10/28/12 I was trying to work with a horse in the arena when • multiple motorcycles began to run on their track. The horse became so focused on and upset by the noise I had to stop before either he or I got hurt. Also all the other horses were upset and running up and down the fence lines. I had to put them all in a corral to calm them down. The cows would not eat until the noise stopped. We are supposed to deal with this everyday? Our business (an AG business) would be badly hurt. There are numerous livestock businesses in the immediate area and all would be damaged, perhaps irrevocably. • Google Maps Page 1 of 18 III To see all the details that are visible on the screen, use the"Print" link next to the map. Gog1e • T I M `. ;fie,. 4 ,�. a .t..,;:•!_,.. _,, .M<4 ti,-, a. • .. q..4 .-.:I Pi..., liiitiepri, i;,, - ;y - 7k-• • i 1 .a "q j - .+b 1177 fJ �.. • s 4�El;r 4 i ., il ---.. I Apt of j/j jm Meer Ill. ,t,. .�-� : ,. Map da 1y) III http://maps.google.com/maps?hl—en&tab=wl 10/27/2012 Google Maps Page 1 of 17 To see all the details that are visible on the • screen, use the"Print"link next to the map. Goy}g1e arir • -r,ry ()\-j),) 0 `\" s 1114 • o t;t • �\ • V http://maps.google.com/maps?h1=en&tab=wl 10/27/2012 0 _ r1Ori.olA/ $lt ha awl tilled c≥ n be- $t-n 4.,1.7 /re/ts:/,a/9J a i-Ym-ee no14VS /tot U C I'oSS pr ,vd trey'?. 4c,j , = W.r'I}er Oc 14-Lhr ke-ti5c 1tev home w.v, t I c. tctk_ + -' e .101 .' -`` * e S-6- p 'ri J -KF let 'R . W.. -- lill ri -x-"4-, y I V -I ' I � I ale- (44. it ( .,--- — e H • �. � e. • Karla Ford From: Esther Gesick Sent: Friday,December 14.2O12 3:3O PM To: Karla Ford Subject: FAN:USR12-00591SCENA RACE TRACK/OBJECTIONS Esther E.Gesick Deputy Clerk to the Board/Office Manager 1150 O Street(P.O.Box 758/Greeley,CO 80632 tel: (9/0)336-7215 X4226 tips- Confidentiality rioice This ekn,onk.iranLnlabn and nagattached dpeomm&or other wrongs arointendedonh(or the"mien or entity to whim x k nGtmtlad and may tervain itiorn,nlbn mat it pfwllog,r&confroonlial or otherwise protected from dhdonure.dyou Rive rmekedlhi,tWaniunxallpn at error.plea", Invnedi3lely entity tenor by return n mace and destro/the cemmwaabun.Anydoclo,ure.cumin&diwiholion a the TAN wry WW1 concerning Nemntentt IN IIJ<fommnntadMOe any attaehmCMcl?,xr1onc'other than alNmed tRIpSh I1 fti<Uy prohillllmtt From:Tom Parke Sent Friday,December 14,2O12 3:01 PM To:Diana Aunt Cc Esther Gesick Subject Fwd:USR12-0O59/SCENA RACE TRACK/OEJECTIOPIS Sent from my'Phone Begin forwarded message: From:William Garcia cWGarcia!rltco.wcld.c9,, > Date:December 14,2012,2:48:34 PM MST To:Torn Perko¢t_pgrke(gasu weld.co.us> Subject:NW: USR12-(10S9/SCENA RACF.TRACK/OBJECTIONS For the record. Bill Garcia Weld County Commissioner al•(arge 1150031. Greeley,CO 8O631 970.336.7209 i^Ud]I I Wet 0 sly Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication • in error, please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Judith Luke [mailto:judithluke10@gmail.com] Sent: Thursday, December 13, 2012 9:47 AM To: Dave Long; drradmacher/@co.weld.co.us; Barbara Kirkmeyer; Sean Conway; William Garcia Subject: USR12-0059/SCENA RACE TRACK/OBJECTIONS From: judithluke10@gmail.com To: dlong@co.weld.co.us, drrademacher@co.weld.co.us, bkirkmeyer@co.weld.co.us, sconway@co.weld.co.us, wgarcia@co.weld.co.us Sent: Thursday, December 13, 2013 Subject: USR12-0059 Scena/Comments opposing race track To: County Commissioners: • We have some real concerns about the proposed race track for the above application. We are strongly against this proposal for many reasons. We are the seventy acres to the east of the proposed track, the home they cannot see. However, we can hear them almost daily. We were awakened rather rudely one beautiful day last spring by loud speakers well before 7 AM. Not having been notified by the owners that they were having a motocross race, we thought it was a police action. Our neighbor a mile north called us to see if we knew where the loud speaker was coming from. To our surprise the property behind us was full of motor homes, travel trailers, and other vehicles, including many motorcycles, resembling buzzing bees from a disturbed hive. The noise went on well into the evening. During the day, some of those buzzing bees escaped the hive and visited the neighborhood. Underage riders with unregistered, loud dirt bikes used Road 20 as their own race track, riding at high speeds. Two of the many invaders came up our section of Road 57, revving engines, spinning circles, and using driveways as mini jumps into the ditches and back to the road. One set continued on to Road 18. Two bikes crossed our property to get back. • When we took our dog for his afternoon run in the back fields we brought binoculars to see how many participants were still there, hoping against hope that it would end. What we saw was very disturbing. On the School Section we would 2 see the bobbing heads of riders traveling through the tall dried grasses there. A real fire danger. • Threats of retribution: When the community had an impromptu meeting at a restaurant in Keenesburg over 24 neighbors came including Bob Sevier who is in favor of this track. He insisted he was a neutral observer. However, when the hour meeting ended, Mr. Sevier circled the table and then called everyone there: F-ing back stabbers. He continued with his colorful language, and then when he was asked to leave, put his fist to a neighbor and tried to start a fight like a playground bully. With others coming forward he left. However, that evening a number of neighbors who attended the meeting reported being phoned by the applicant, Mr. Law, with threats if this didn't go through, saying he would ride his big 450 dirt bike all over our properties, and he didn't care if he got arrested. One neighbor recorded it. Is this then, the atmosphere we will be living in if this passes? Will the inevitable complaints of noise and blowing dust be retaliated?? Fire: We have lived here thirteen years. Our property has suffered damage four times from fires, all of which came from Road 55. The daily wind, especially in the summer, can carry the flames from one property to another. A boy started a fire that spread for one mile--five of our acres burned. An unknown source of a fire, accompanied by a 40 MPH wind burned 600 acres and was stopped fifteen feet our home and barn. A teenager with an old jeep on safari behind his grandfather's • house burned the jeep and damaged six properties--ten of our acres. The owner to the north of the Scena property threw a hot drill on the ground-300 acres burned, needing three fire departments and LaFarge water truck to save our homes—every blade of grass on our land was decimated. It takes two years to recover that loss of natural grasses. Numerous neighbors have reported the trespassing of motorcycle riders outside the Scena property on to private properties—tracks tell the story. We have a set on our back pasture. I have seen their family member using Road 20 for his open throttle racetrack. On any given day they plan for 40-100 riders on bikes with no spark arrestors. They plan to have campers, and we assume barbecues and smokers. And then there are the containers of fuel, oil, and additives. So when is the next fire going to come? Will it be a child on a hot motorcycle? Will it be a spark into the adjoining property? Or will the wind blow over a grill and send the sparks? They have no contingency for taking care of the danger other than the local, volunteer fire department. Sixty acres burned the last time before the fire department could get here. They have ignored any county codes that affect them: Permit for a motocross • race that included 290 bikes as reported by the applicant, for which they were sited. 3 1. No Grading Permit for the construction of these three tracks, two of which cross over the property to the north. No elevation drawing • presented of the property before and after grading. 2. No Best Management Practice to take care of spilled petroleum products which will contaminate the soil and be spread by the wind. This plan calls for 40 to 100 bikes daily as well as the vehicles transporting them. They also want visitor parking, pit areas, delivery vans, street motorcycles, and overnight camping for motor homes. There will be oil drips, spilled gasoline, antifreeze, and other additives. They have no real plan to handle the pollution from these petroleum products. They say, "Any contaminated soil would be quickly abated." How? 3. No dust mitigation. When asked by Mr. Maxie about blow sand, she said she hadn't thought about it. Ground contamination: There is no way that the sand on that property will be abated with so many motorized vehicles present. Will they be running around everyday spot cleaning? Where will they dispose of the contaminated soil? If the plan for this race track goes through, by the end of next summer, not only will the fragile grasses on that property be decimated, the sand will be contaminated. IIIDust: The wind starts blowing nearly every day in the summer around noon when the sun heats up the air. And when a storm is due the winds can register over 40 miles per hour. They say, "No erosion control is planned, as the land is mostly sand and absorbs quickly." Nice fantasy, but not true. The sand does not hold moisture and barren land blows for miles out here. Anyone who lives out here knows the sand shifts with the wind and erodes away during large snow or rain runoff. Driveways are always being reconstructed. This application calls for a decimation of the delicate grasses on that 29 acres. If this passes, within a year the land will be barren and scarred. Parking lots, two race tracks, pit areas. Also, on her Facebook page, Ms. Scena proudly shows one of her family members doing a sand wave, where the sand is thrown up in the air far above the rider's head. If they are going to affect appropriate dust control, how would they contain that much loose sand? The blow sand is going to leave that bare acreage and spread the contaminated soil to everyone around, to the pasture to the south, to the homes on the north, to our hay field, to our neighbor's pastures and crops. How many years will it take to create an EPA situation? To contaminate our fields and • pastures? This is poisonous to this rural farm community. 4 Water available for dust-for their tracks, during special races, not the rest of the damaged land, will be supplied by Ms. Sloan. But her water is for irrigation. Is irrigation water to be sold to commercial concerns? And Keenesburg said they would supply it for their special races, but neither has written a contract. How will they keep the dust down? Noise pollution: The neighborhood has already had a taste of the noise pollution coming from this property. Now they want to bring that disturbance to us seven days a week, plus invade our privacy with bigger events of 2-4 days. Frequently a blast of noise comes through our living room windows, over the television and air conditioning. We thought it was an explosion. Upon further investigation we discovered that the noise came from a motorcycle on Scena's property, obviously being tuned up, nearly a half-mile away, continuing for at least ten minutes. The combines who cut wheat out here do not make that kind of rattling, screeching, explosive noise coming from that bike. On race day they had reported 290 bikes came to ride-40 per meet on two tracks, additional 30-40 warming up. Will the bikes (40 to 100 per day) be coming to practice and to tune up their motors with blasting engine noises? We have the right to peace and quiet in our own homes. 80 decibels of noise: The mean average of noise for a factory is 85 as prescribed by OSHA. This can go up or down ten decibels in range and still apply. Noise at these levels requires protection, anything from earplugs to • earplugs with ear muffs, including outside work such as oil well drillers. If the explosive engine noise we recently experienced is any indication of the noise they plan to bring to this farm community, then it is pollution. Our rural, quality of life will be gone. I can hear the applicant's powerful dirt bike in my house every time he starts it. Will the seven days a week practice times include tuning up their bikes, making them louder, more powerful? There is a reason why no race tracks are found around Brighton, none in Fort Lupton, and the one southwest of Hudson was closed due to noise complaints. Keenesburg had one but the same held true—violation of the peace and quiet in the neighborhood. Roads: The county roads are not designed for the traffic needed for this commercial race track. How will the neighbors be affected who live on these access roads—dust, traffic? Will the roads become rutted and full of potholes regularly? Will it be graded daily? All-purpose park: They want this to remain agricultural because by declaring this commercial their taxes will skyrocket. But the mention of horses is just a ruse. • They have not included any upgrades for any other interest than racing motorcycles. They mention horses, but to be fair, where is the all-purpose horse arena with holding pens for cattle, parking for horse trailers, day stalls? Who in 5 their right mind would go there to ride horses with all the motorcycles buzzing around? Will the entire 29 acres be fenced with six foot chain link for safety? What about security lights for campers and parking? No ADA facilities are mentioned. Relocation: This plan needs to find another site. Areas in the county have already been addressed for commercial business with access roads, locations near the highway by the railroad where they could counter the noise, where homes are not in view. With all the open areas in Weld County where no homes can be seen, surely there is a place for this track away from over two dozen families who moved here for the rural quiet. Commissioners, you would not want this noise and pollution, not to mention behaviors, bordering your property and neither do we. Thank you, Judith and Donald Luke • 9355 WCR 57, Keenesburg, CO 303-204-2513 6 Esther Gesick From' Diana Aungst Sent: Monday,December 17.2012 7:39 AM To: Esther Gesick Cc Tom Pero Subject: FW:USR 120059 Motocross Track Attachments: Written Oposition to Track sent to County.docx Esther: Attached Is a letter(or USR12-0059, Thanks, Diana:lungs! Weld Cowiry Department of Henning Semces 1555 M 17th Avenue • r nval:y.Cw>l'uado 80631 970-353-6100 ext 3524 Fax:(970)304-6698 dr7ttta6Y l'.sat www.weld2?vcomeakettae us/P!s4 Abigeninek dex,Mml t prr nonhdcntielty Notre:Me cleeronlc tr cumnaen and any etlxhcd documents or other vntna we mladed only for the pervon or enhli to PAtkh it iv addressee and may centaur nformation that it ptinlexed canfdentcsl or otheraice rrotened horn decimate.II YOU hew rev ved tn4cemenunIcMidn hi error,please immediately robly sender by return emu/and de%roy the tanmunk.ton.Any disaow e.coppne,ditubutor,v,the 101ine of any ac1aneonumhg the!dime% orMa tommunkaton or any anechm aIsar anynnaalr*,man the'ward txiplrm is tiktliprahlMd. From:Dean Beck I rnailto:mdkbecktavahoo.coml Sent:Sunday,December 16,2012 9:41 PM To:Diana Aungst Subject USR 12 0059 Motocross Track Dear Diana Aungst, I have attached a letter regarding the proposed Mototrack in Keeneshurg. Please add this the the many neighbors that are voicing concerns in this matter. Thanks, Dean Beck ] EXHIBIT11 U -nrhr-7 • 25415 WCR 20 Keenesburg, CO 80643 To: Diana Aungst Re: USR12-0059 Motorcross Race Track Application I am Dean Beck 25415 WCR 20, Keenesburg, CO 80643. I am writing this letter to protest the above request for a permit to operate a Motorcross Race Track at 9264 CR 55, Keenesburg, CO., 80643. My main objection is the noise that continues all day(it seemed like), which we already experienced when they had an event back in March. The roar of one motorcycle is bad enough, but when you multiply that by 100, even the cattle are traumatized. We have already experienced the ungodly amount of traffic produced by the event back in March.. When their event was over we had bumper-to-bumper traffic from road 20 to road 18 on CR55. Our farm extends 3/4 of a mile on the stretch of road between 20 and 18. The dust raised by that amount of traffic was unbelieveable. The dust caused by the traffic already traversing this road is bad enough, so if you add 3-400 cars this race track is going to cause. You can't have that amount of traffic on a country dirt road without repercussions. Ground contamination: This plan calls for 40 to 100 bikes daily as well as the vehicles transporting them. They also want visitor parking,pit areas, delivery vans, street motorcycles, • and overnight camping for motor homes. There will be oil drips, spilled gasoline, antifreeze, and other additives. They have no real plan to handle the pollution from these petroleum products. They say, "Any contaminated soil would be quickly abated." How? There is no way that the sand on that property will be abated with so many motorized vehicles present. Will they be running around everyday spot cleaning? Where will they dispose of the contaminated soil? If the plan for this race track goes through,by the end of next summer,not only will the fragile grasses on that property be decimated, the sand will be contaminated. It is also well documented that dirt bikes damage the environment and the potential for damage can spill over onto adjacent lands. Fire is the worst damage that can happen to our properties. The argument in the plan that fire can be controlled is faulty, especially in our arid dry environment. Many of our fields are sown with hay and that hay becomes dry by April or May. Consequently fire is a grave concern. There is no plentiful supply of water in the area, such as a lake,river or reservoir, for fighting fire, so extinguishing blazes are next to impossible. Most of our neighbors harvest rain water in underground tanks for their crops or rely on well water to nourish their livestock,but there is no plentiful supply of water to fight fire. Motocross participants often bring cans of gas to refuel their bikes and leaking fuel mixed with sparks is a recipe for disaster. Most of our homes and crops are quite expensive and the increased threat that fire from a motocross track presents is unacceptable. Dean Beck 25415 WCR 20 Keenesburg, CO 80643 970-518-8484 Esther Gesick From: William Garcia Sent: Monday,December 17.201210:19 AM To: Tom Parka:Esther Gesick Subject: FW: For the record. BB!Garcia Weld County Commissioner at-Large 11500 St. Greeley,CO 80631 970-336-7204 n, la„ • 111 Q NTT Confidentiality Notice:Ibis electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential ar otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Cedanvinds Rands 1malltp;SlylaDyhrdsl(iamsn.mml Sent:Sunday,December 16,2012 11:00 AM To:Dave Long;c nnwayiarn.weid.us.Barbara Kirkmeyer;Douglas Rademacher;William Garcia Subject: December 16,2012 Wekl County Board Of Commissioners Weld County Administration Building 1150 0 Street Greeley,Colorado 80631 Dear Commissioners, I am writing this letter to let you know about my family's objection to the USR 12-0059 application for a motocross/motorcycle track to be established at 9264 Weld County Road 55 Keenesburg,Colorado 80643. My family and 1 believe that to allow this to be granted would effect this beautiful agricultural/resldental community in a very adverse way. This motoaossfmotorcyde track will be located approximately one half mile due west of my ranch and my family will hear the practice races and events that will be held on a daily basis. f have lived in this area for over fourteen years,moving to Keenesburg In September of 1998 for the peace and quiet of this community. If this is allowed to go through the peace and quiet will be disturbed on a daily basis. In the entire time my family has been part of the Keenesburg community we have enjoyed our neighbors and have never been bothered by the kids in the area riding recreatanal motorcycles or ATVs. We have been good neighbors and tried to maintain a community spirit. EXHIBIT I 1 J' t 1annb47 USR 12-0059 will change the agricultural/residential area in a way that I believe is contrary to the original fellowship of the farm community. My reasons are straightforward and logicial. iiiotocross bikes are inherently loud and noisy this is the reason that they are not street legal. The citizens of Keenesburg wn proper will be able to hear them just as we hear the train and the fireworks celebrating the 4th of July. Yet, the difference will be the hours this will encompass. The train blows it whistle when it is passing through Keenesburg in short blasts for about three minutes and the fireworks are only one evening in July. This motocross/motorcycle track will be a commercial business on a daily basis and will be running from 10:00am in the morning until dusk. I believe that public safety and the welfare of the neighboring residents will be effected by the granting of this application. This will occur in the dust caused by this track, in the fire risks, in the increased traffic on dirt roads that are not meant for hugh events such as their big races and access to and from the track by emergency personnel. The environmental concerns would be in contamination of the air by the daily exhaust created by the bikes, the ground water contaminations by fluids spilled by the riders such as; gasoline, radiator water, oil, gray water and any other liquid waste. In the one mile radius of this commercial venture there are twenty-six homes, farms and ranches spead out over this beautiful area. We have always given the respect, privacy and courtsey to our neighbors to live their lives in this enviornment without intruding on their rights. This motocross/motorcycle track and it's owner have never contacted the surrounding neighbors to notify us this was their intention. The applicants put up their public notice on a sign that is laying face down in the gutter so that the neighbors could not be notified. This is not the community spirit that the town or the outside area of Keenesburg is known for. We believe this application is not in the best interests of the surrounding area and we also believe that the applicants will never be able to complete the requirements of their plat plan. The fencing will be extremely expensive to encircle their property, the hay bales for noise mitigation will also be costly, and my husband and I believe that the applicants will be struggling to make this business venture viable. Sincerely, Oandall M. Draper Patricia A. Draper 9378 Weld County Road 57 Keenesburg, Colorado 80643 al 2 Esther Gesick leom: Barbara Kirkmeyer nt: Monday, December 17, 2012 3:18 PM To: Esther Gesick Subject: Fwd: Objection to granting of permit US12-0059 Attachments: Rec Park Application Commentsto Commissioners.wps; ATT00001.htm Sent from my iPhone Begin forwarded message: From: "preisbec@q.com" <preisbec@q.com> Date: December 17, 2012, 3:17:16 PM MST To: Dave Long <dlong@co.weld.co.us>, Sean Conway <sconway@co.weld.co.us>, Barbara Kirkmeyer<bkirkmeyerna,co.weld.co.us>, "drademacher@co.wld.co.us" <drademacher@co.wld.co.us>, William Garcia<WGarcia@co.weld.co.us> Cc: Denelle West<dwestknsbrg@vahoo.com> Subject: Objection to granting of permit US12-0059 if • 1 • TO: Weld County Board of Commissioners Attn: Dave Long; Sean Conway; Barbara Kirkmeyer; David Rademacher; William Garcia Subject: USR12-0059 Scena I appreciate an opportunity to comment on this application for development of two motorcycle race tracks/"recreational facility" in Keenesburg, Colorado. I strongly recommend that this request be denied by your Department. My daughter and son-in-law(Vern and Denelle West at 9745 CR 57 in Keenesburg) live near this proposed facility and I spend many weekends there as well as several weeks during the year housesitting and caring for their animals (dogs, horses, cattle). This property is clearly visible from my daughters living room. My background: I spent 29 years with the Environmental Protection Agency, Region 8 Air Program. I am retired but was an Environmental Protection Specialist. During my EPA career I was the National Lead Region Coordinator, working as the liason between the 10 regional air offices and Headquarters in DC. Until retirement, I was the Region 8 lead person working on approval of the Title V Air Program to the six Region 8 states. • I would also mention that my brother-in-law and numerous friends were motorcycle racers and my husband often worked as his brothers mechanic. I personally like motorcycle racing but never attended a motorcross/endurance race in areas close to any residences. After reviewing the application I would like to offer several comments for your consideration. First, I have personally heard the noise. I was staying at my daughter's home on the weekend during the March/April 2012 races. I awoke before 7:00 a.m. due to the noise generated at this event. My daughter explained that the homeowners were told it was a"one time only" event and therefore they would accept that and make no complaints. Although the doors and windows were closed, the constant noise was annoying. Comments • The applicant claims they are a recreational facility and not a retail business. I strongly disagree since they clearly state in their Site Specific Development Plan the "Sale of used or new motorcycles and accessories shall be permitted during normal operating hours" and in the Special Review Questionnaire they state "Retail business proposed for the recreation park would be in motorcycle parts sales. These would be new replacement high wear or spare parts, such as tires, inner tubes, • protective clothing, goggles, sunglasses, pedals, levers, handlebars, rims, gears, • sprockets, gloves, pads, helmets," Normal business hours being 10 a.m. to dusk (except on special 2-4 day events). Obviously, this is a retail business. I would also like to mention that the other business they refer to in their application are certified businesses and do not create excessive noise. It appears their"recreation park" designation is only an effort to continue to be taxed as agricultural land. • I know first hand that the wind in this flat agricultural area can often be considerable and that sand motocross tracks can contribute considerably to the poor visability experienced during high wind days. • This land consists of 30 acres with a large home and one motorcycle tract already established. Surrounding area is homes with flat fields that I believe no one would want to take a scenic walk around/near two motorcycle tracks in the middle of flat farm land. In addition, noise from motorcycles often"spook" horses. • While contending to be a"family oriented recreational park"they also have requested permission that they be granted the maximum permissible commercial noise limit of 80dba. It is impossible that they can even meet 80dba when 40 motorcycles (plus loud speakers and pit noises) are all going at one time. In addition, their Development Plan states "This standard shall be monitored and enforced only as a result of an adjacent property owner complaint." How does this ensure the rights of all the other property owners affected by the dual track noise? Many property owners in the area will definitely be effected although they are not"adjacent" to this "recreation park." • Fire danger to the pasture lands from numerous motorcycles in the area is a real • concern, especially during dry conditions. I'm sure others that have experienced the fires will expand on this concern. In closing, let me again state that I feel this application must be denied based on the air and noise pollution it would impose on my family and the other property owners that live in this Keenesburg area a well as myself and others when visiting the area. Sincerely, Patricia M. Reisbeck P.O. Box 367 Firestone, CO 80520 (303) 833-2142 • To whom it may concern: My property is relatively close to the property 9264 CR 55, Keenesburg,Co.80643.I would like to state that I fully support Dawn Scena and Norm Law in their endeavor to create a permanent Recreation park used mainly for Moto-cross. My family and I enjoy the sport. We have no issues concerning noise or traffic in the area. We would love tosee the recreation park move forward and become permanent. Date: j \ - 36 - 11- Signed: dbrafr(4.0- Comm ts: November 19,2012 To Whom It May Concern: On April 1,2012, my family and I attended the Motocross race on Dawn Scena's property at 9264 CR55 Keensburg,Colorado. Our 13 year old son participated in the event,and we were both in attendance. The race was very well organized and all families that we spoke to had a great time at the race. Safety at this event was addressed from all aspects.Safety flaggers were positioned throughout the track. Fencing was placed to keep spectators a safe distance from the race track.The design of the track was excellent as it provided ample room and a safe layout;there were no dangerous or difficult jumps placed into the course. Medical crew including EMTs and Paramedics were also present throughout the race day.We did not witness any serious injuries and at no time did a medevac helicopter arrive that day. The property owner's organized a successful and safe family event.We reside in Weld County and look forward to the possibility of racing there in 2013.Our contact information is listed below;feel free to contact us with any questions whatsoever. Sincerely, Matthew and Suzana Sweney 324 Boulder Lane Johnstown,CO 80534 sweneymx@gmail.com 970-768-0518 970-768-0519 EXHIBIT USIZ IL•cr'G59. To whom it may concern: My property is relatively close to the property 9264 CR 55, Keenesburg,Co.80643. I would like to state that I fully support Dawn Scena and Norm Law in their endeavor to create a permanent Recreation park used mainly for Moto-cross. My family and I enjoy the sport. We have no issues concerning noise or traffic in the area. We would love to see the recreation park move forward and become permanent. Date: Signed:\`c7�� Tho alY2 crou 1 � Comments: Z ` f 2-6 /1 /14 / 1 $$ EXHIBIT 8 us ezi •66 c s _ I tilill.bil...;-.1 • .1 • f. /_ .Y N . A Sys(• 1 ' • Y• 4 .. ....• 'it.. , a .•.,, .. , . •_ , t •„. • : :::__ . . 1 ;•' . K. • fit' I. v J .{ ;r'� I k . >. 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I My Map • IN\\\ • 4 . _ I t. y tit r l - F .r, 4.:.t _a Ovry4y1 20i%tI to erCnmiwn AMISS' MON.W000018IDt2KII ISM iCessiesbtio . •EXHIBIT z. a 1/52 i2-ac5` i File contains DVD, marked Exhibit P Please See Original File NOISE and its AFFECTS on the HEALTH of our COMMUNITY Presented by Clarice Tyler, BS, MT(ASCP) Medical Technologist and Scientist My husband and I live at 9769 Weld County Road 57 in Keenesburg, 2,000' from the motocross race track. • Article IX of the Weld County Code has limited our Agricultural/Residential community to 55dB during the day. • Sound consists of pressure waves, as the intensity of sound increases that pressure is felt on the human body. Alexander Graham Bell founded the concept of decibels and formulated a logarithmic scale based on 10. "Deci" refers to that base log of 10 and "bel" refers to Mr. Bell. Each 10 dB increase in sound equates to a tenfold increase in sound intensity. 60 dB =Normal Conversation 70 dB = Negative responses begin in the body and health is compromised. As decibels increase, these pressure waves get stronger and that accounts for the physical force we HEAR and FEEL as the bombardment of NOISE. • I'm submitting a Decibel Loudness Chart which outlines various environmental noises, for instance, Normal Conversation occurs at 60 dB (amplify that with a PA system and you get 72dB), a Train Whistle registers 90 dB and Hearing Loss begins at 95dB. OSHA has determined that no one should be exposed to 100dB of noise for longer than 2 hours AND Physical Pain is felt at 125dB. Short Term of exposure to even 140dB will cause permanent and irreversible hearing loss. Please remember these figures because they will become very important in a moment. • Dirt Rider magazine performed a noise study to alert its readers, who are motocross riders, to the potential health consequence of sustained exposure to loud noise. They concluded that the average dirt bike operates at approximately 96 dB. • Getting further into the science around sound, we understand now that it is measured logarithmically, but what you may not know is that each motorcycle contributes 3 dB of noise to the total noise outlay. This means that if ONE motorcycle generates 96dB of noise, by extrapolation we can conclude that 25 motorcycles will add 75dB of noise to the motocross track for upwards of 171 dB of output. (Pause) At this level of noise the health of the community is put at risk. • Thankfully, sound diminishes with distance, but only 6 dB every time the distance is doubled. If noise from the track measures 171 dB at 500', my family 2,000' away can expect to be exposed to 138dB of noise. At just over 1 mile, EXHIBIT 0 Ufa t2-ac5q • encompassing 26 families and as many as 100 people, we can expect noise levels of 129dB. • For the health and safety of employees working around noise, OSHA has determined that NO ONE should be exposed to 100dB of noise for longer than 2 hours. From the town of Keenesburg,just 2.5 miles away, the 500 residents of the growing town will experience 123 dB of noise —much louder than the blast of a train whistle—and for sustained periods of time. • I'm sorry, I looked, but I couldn't find the Environmental Acoustical Sound Study that the county planners requested. I was, however, able to find a very comprehensive study performed by INTER-NOISE ENVIRONMENTAL NOISE CONTROL. You are welcome to use this study in lieu of one of your own. This study was aimed at acquiring information about the noise emission of motocross courses, taking into account the actual sound pressures of motor-bikes of different classes under representative operating conditions across a track. They measured sound at different areas of a varied track and found that sound levels were higher at the beginning of a race, when bikes were at full throttle, and lower as the motor-bikes moved into the turns. Their study involved 20 motorcycles at various class levels, typical of one motocross track. Their study determined that, combined, 20 motorcycles generated an average of 120dB but the range ran anywhere from 118 to 138dB as the bikes traversed the course. The noise generated is a high pitching inconsistent noise that is difficult to get used to because of the varying pitches and noise levels. (I would like to play a clip of only 3 motorcycles racing on the Scena Motocross track. This was filmed from the back porch of the West's property.) .,J< �'STs r -� i V ° • We as a community can expect to be bombarded with an even higher level of noise for 12 hours a day 7 days a week—as outlined in the plan. The plan calls for 50 motorcycles operating on the two tracks at any one time. This will generate 210dB of noise and will be heard for 3- 5 miles around. You can expect the 1,500 people living within our small community to constantly complain of this level of noise. • You might wonder why OSHA, the Occupational Safety and Health Association put limits on the occupational exposure to noise. Well, according to the American Speech-Language-Hearing Association (ASHA—not to be confused with OSHA), exposure to any noise levels above 85 dB for sustained periods of time will affect your health in various ways: Gradual or sudden hearing loss, increased fatigue and irritability, tinnitus, high blood pressure, increased or abnormal heart rate, upset stomach, insomnia or difficulty sleeping and disruption of the development of babies before birth. These health consequences also affect our livestock and farm animals. 1, • There is quite a bit of case law around motocross tracks being shut down due to high noise levels and all were considered a NUISANCE to those living within 3 miles of the motocross track. A have a case in law to submit to the commissioners. In this Montana case, the Plaintiffs had to abandon their homes when the track was operating and the judge ruled that the track produced a tremendous amount of noise and dust which unreasonably interfered with the Plaintiff's ability to use and enjoy their properties. Because the motocross operators continued to the use the track even after the neighbors complained, the judge ordered the track be shut down and the property restored to its original contours. • In June of 1998, Extreme Raceway was established here in Keenesburg. After numerous noise complaints to the sheriff's department and the county, the track was shut down 4 months after opening. I would like to submit the study with the Show Cause Hearing attached to the front of the report. • It is easy to see why Mr. Maxey voted against commercializing the track at the Planning Hearing. He didn't believe there was enough evidence to show that the sound could be properly mitigated. He went on to say that noise on a continual basis will disrupt the surrounding neighbors and will affect their ability to enjoy the quiet of their properties, and I agree with his summation. My concern, here today, goes well beyond that. I am concerned for the health of our community and noise levels of anything beyond 85dB will seriously affect the health and hearing of my family and my community. Thank you for your time Commissioners. Decibel (Loudness) Comparison Chart Page 1 of 3 EXHIBIT GALEN CAROL USR Z'0°s' AUDIO Home>Resources>How-To's> Loudness Checkout I My Account I Help ABOUT PRODUCTS NOW-10's ONLINE CATALOG Decibel (Loudness) Comparison Chart NEWSLETTER Here are some interesting numbers,collected from a variety of sources,that help one to understand the RESOURCES volume levels of various sources and how they can affect our hearing. How-To CONTACT Environmental Noise Weakest sound heard 0dB SEARCH OUR SUE Whisper Quiet Library at 6' 30dB Normal conversation at 3' 60-65dB FIND: Telephone dial tone B0dB __... ... . SUBMIT City Traffic(inside car) 85dB Train whistle at 500',Truck Traffic 90dB SIGN UP fOR SONNIES at 50' 95dB Subway train at 200' 95dB NAME:EMAIL Hand Drill 98dB SUBMIT Power mower at 3' 107dB Snowmobile,Motorcycle 100dB Power saw at 3' 110dB Sandblasting, Loud Rock Concert 115dB Pneumatic riveter at 4' 125dB Jet engine at 100' 140dB 12 Gauge Shotgun Blast 165dB Death of hearing tissue 180dB Loudest sound possible 194dB OSHA Daily Permissible Noise Level Exposure Hours per day Sound level 8 90dB 6 92dB 4 95dB 3 97dB 2 _. _... 100dB http://www.gcaudio.com/resources/howtos/loudness.html 10/24/2012 Off Road Bike Exhaust Noise Test - Feature Review - Dirt Rider Magazine By: editorial staff Tuesday, February 24,2009 2 No doubt you've heard the saying "There is a fine line between love and hate."What is just as true, but less often considered, in the motorized world is"There is a fine line between sound and noise."And actually, the comparison is even more prophetic, as most people love sounds and hate noise. So the real question is, where does sound end and noise begin?Sound is defined in Webster's dictionary as"mechanical radiant energy that is transmitted by longitudinal pressure waves in a material medium (as air) and is the objective cause of hearing." Noise is defined as"a sound that lacks agreeable musical quality or is noticeably unpleasant."According to the recently passed California Assembly Bill 2274, effective January 1, 2003, "All off-road vehicles must meet the static noise test limit of 96 decibels to legally use any and all public off-road riding areas."This standard is a reduction from 99 decibels and applies to all EPA-legal bikes manufactured since January 1, 1986, and all competition bikes made since January 1, 1998.To keep this from being another toothless law, California authorities purchased enough of the new QUEST sound meters at a cost of $1400 each to equip the rangers in the field so they can actually enforce the limit.As it stands, it is really simple to understand. If you want to hear the pleasant sound of your machine running in California,then its sound must be 96 decibels or less in the static test. If your bike makes more than 96 decibels, it's too noisy and won't be allowed on public lands. But for those of you in states with more/less stringent requirements, remember,what happens in California tends to work its way eastward.This is not a regional issue, but a national one that off-road riders must accept.So we incorporated the same 20-inch stationary test that you could receive from a USFS ranger into our 24-Hour test. Like your friendly ranger,we did our testing on the machines per the Motorcycle Industry Council (MIC)and Society of Automotive Engineers(SAE)J1287 July 1998 stationary test at both the beginning and end of the 24-hour period. In addition,we monitored sound levels in the field, measuring from 50 feet away to alongside the bikes—as per the 82-decibel EPA test,which is a second-gear full-throttle acceleration test that all EPA-legal motorcycles must pass.We weren't scientifically rigorous about this test for two reasons. First,this isn't a practical test for off-road machines in the field and thus isn't used by any authorities for sound enforcement.And second,we were only interested in the subjective comparison of the 24-Hour test bikes and other machines, including the noncomplying ones, out on the trails.To add veracity to our testing (not that we can't be trusted),we had the static testing done by volunteers from the BlueRibbon Coalition and U.S. Forest Service rangers, using their equipment and following the guidelines printed by the MIC each year which lists the procedures and test rpm for all models.This is where things get a little bit dicey. Originally,the official test procedure and guidelines were developed before adjustable power valves on two-stroke engines and before multivalve, high-lift, high-rpm four-stroke engines existed. The SAE J1287 specifies the test rpm used is half the maximum rated rpm stated by the manufacturer.We encountered two basic problems just in our testing at the 24-Hour.The first is the delay in information gathering, printing and distributing to the authorities.The MIC distributes the official pamphlet each April with the test rpm supplied by the manufacturers.This means for our test done the first week of February, and basically for the first five months of each calendar year, the authorities monitoring the noise levels don't have current information on new models. In fact, we didn't have the test specifications for the new Yamaha WR250F and WR450F and the Gas Gas EC-250 and FSE-450(ours was the first in the country).What this means to you is the difference between riding and not riding. So be prepared and gather the specifications from your owner's manual or dealer to verify the proper rpm your machine is supposed to be tested at and keep the paperwork in your truck or fanny pack.Second,we discovered as little as 50 rpm can greatly sway sound levels.Just halving the maximum rpm for bikes without information in the MIC handbook can really throw off the data gained in the test. The specified test rpm on most of the modern adjustable-power-valved two-strokes tends to be close to the rpm when the valve opens, drastically increasing the noise level. Four-strokes experience a similar problem, but this time with carburetor settings.A carb that's too lean or too rich can cause difficulty in maintaining the proper test EXHI=., S sn tZ•o65 rpm,which can then induce erroneously high noise levels during the test.The good news is our testing revealed that all 11 bikes made it under the 96-decibel limit.The surprise was that, after 24 hours, most machines actually tested lower.This could have been the result of carbon buildup on the inside of the pipes, deadening of the noise or rich conditions caused by dirty air filters. But the bottom line for you is that all bikes still passed after a full day of hard riding.Our unscientific 50-foot drive-by test also impressed us, demonstrating the disparity in noise levels between the test machines and other bikes equipped with motocross-style(closed-course) silencers. The loudest bike we observed was a 450 exhaling through an aftermarket closed-course system at 106 decibels.What should be noted is that's 106 decibels at 50 feet away; up close your ears would be ringing from the roar. Since this was not a completely scientific, regimented test under a controlled environment, we had bikes pass by at half to full throttle. Naturally,this affects the decibel levels, but the overall data we obtained does represent a good cross section of actual trail usage and associated sound radiation.The trailside sound test gives the perspective the general public gets as we whiz by them. And it points a finger at excessively deafening bikes with motocross mufflers on the trails—not machines equipped with proper silencers—as a strong instigator of the language in California's AB2274,which reduced the acceptable limit to 96 decibels. This is an extremely important point.Back in the early'70s, the slogan was"less sound =more ground."A lot of effort went into getting noise under control and progress was made, especially with the advent of water-cooled engines. So it was checked off our lists and forgotten. But that's the problem: The general population didn't forget and now our neglect is biting us in the butt.Personally, I will not trail ride with a loud four-stroke sporting a closed-course silencer. Those things hurt my ears and, undoubtedly, will lead to closure of trails and possibly motocross tracks I want to ride.A side effect of our formal 24-Hour testing revealed that off-road-approved bikes in our test not only meet the noise requirements of the general population but are fast and fun as well. These are the kind of bikes we need to be riding if we want to hear the pleasing sound of our engines on the trails in the future. Standard 20-inch test with quest 1400 DR test bikes Start(dbA) Finish(dbA) rpm Gas Gas EC-250 95.8 93.79 4350 (FMF pipe) Gas Gas FSE-450 96 94.9-95.3 4970 Honda XR400R 88 86 3750 Kawasaki KLX400 NA 88.5 4000 KTM 250 E/XC 86 86.1 3750 KTM 250 E/XC RFS 90 91.3 4625 KTM 300 E/XC 93.5* 86 3550 KTM 450 E/XC RFS 94 93.6 4625 Suzuki DR-Z400 90 89 4000 Yamaha WR250F" 92 92.1 5250 Yamaha WR450F" 94.5 93 4250 *Possible error on initial test; rpm right at power-valve opening, initial test slightly high and with valve open. **WRs fitted with GYR-T exhaust tip inserts. el vino ENVIRONMENTAL NOISE CONTROL The 2005 Congress and Exposition on Noise Control Engineering 07-10 August 2005•Rio do Janeiro-Brazil Sound power levels of motocross courses Jan(iranneman.Frans Schemer.I late l luizer.Nice Joehemsen Peutz by,PO Box 696.2700 AR Zoetemieer,'11w Netherlands info®zoetermeer.peutz.nl Abstract Noise due to motocross courses demands special attention especially when dwellings in the near vicinity arc present. Prognosis of new initiatives and ellect of noise reducing measures demands adequate calculation models with accurate sound power information of different classes of motor-bikes.For this reason actual sound power levels of individual motor-bikes of various classes arc determined in an appropriate way.Furthermore. the sound power levels of motocross counts as a whole arc determined in different situations, taking into account die specific environmental conditions such as local barriers due to sand dunes,forest and other parameters relevant for the sound transmission. From the results of this investigation proposals arc made regarding the most appropriate way to model die sound emission of meloctoss courses in relation to specific classes and local conditions.The sound emission of individual cross motor-bikes is often verified according to ElM regulations.This so-called FIM-method uses the noise level measured near the exhausr outlet at prescribed r.p.m.However,this method in its present form does not relate accurately with the real sound emission of motor-hikes during the race and therefore with the sound levels in die environment of a motocross course.Modification is required.As an alternative, pass-by tests can be used for the same purpose, which arc more appropriate To check the noise level due to individual bikes. . .. yr / Figure!:)hkxrweaown EXHIBIT 1 1— Call-i 2--cell 1. INTRODUCTION The total sound emission of motocross courses is relatively high and demands special attention. Assessment of the sound emission is in the Dutch situation very often based on research with respect to the noise emission of motocross courses in 1986 [1]. Meanwhile motor-bikes have evolved technically and therefore acoustically. For this reason, by order of the Royal Dutch Motorcycle Federation a study regarding the actual noise emission of motocross courses has been carried out. In this study the specific effects of local conditions have been considered. 2.AIM OF THE STUDY The study is aimed at acquiring information about the noise emission of motocross courses, taking into account actual sound powers of motor-bikes of different classes under representative operating conditions, and local characteristics of the course. Also an adequate approach of modeling a motocross course to calculate the sound immission in the adjacent area of course is aimed at. Furthermore, a comparison is made between the results of the so-called FIM-method [2] for assessment of the allowed maximum sound emission of motor-bikes, and the total sound emission of the course. Figure 1 shows motor-bikes in a motocross course. 3. RESEARCH STRATEGY To obtain information about the sound power of motor-bikes of different classes respectively of the total course, the following measurements were carried out: - sound measurements at short distances from characteristic parts of the course (e.g. straights, curves, ramps); - sound measurements at such a distance of the acoustical center of the course (at least 1.5 times the typical dimensions of the course area) that it can be considered as a point source; - to get information about the influence of local conditions, such as earth walls and woods near the course, these measurements were done near courses A, B and C, each with different environmental circumstances; - sound measurements at a distance of about 100 m from the closest part of the course, to be able to verify the calculation model; - measurements at a distance of 0.5 m of the exhaust pipe of the motor-bike (with an prescribed r.p.m) according to the FIM-method. From these results the average sound power of separate motor-bikes of different classes were derived, as well as the sound power of the course as a whole, again for each class of motor- bikes. Based on these sound powers of individual motor-bikes an acoustical calculation model was put up, taking into account the number of motor-bikes simultaneously present on the course and local conditions. This model was verified with the sound levels obtained at greater distances from the course area. A typical example of a course is shown in figure 2. / .1 1 CJ i _. zone . C - `_(�'' START �\ I i l h PIFINIM 1 :.� N IJ c I Flguru 2:Noicul lay oul e/a Cana 4.RESULTS OF MEASUREMENTS AND CALCULATIONS Table 1 ekes the avenge sound power levels derived from measured maximum sound levels (at meter reading fast)near die courses,during pass by of individual motor-bikes for different classes.lime maximum sound levels relate to parts of the course where the highest sound levels occur. Besides that, table I gives the sound prover levels derived from the measured equivalent sound levels at greater distance from the course(> 1.5 d,with d the characteristic dimension of the course)during die race,taking into account the number of motor-bikes attending the specific race. Only those parts of die total measuring lime have been used which were acceptable regarding disturbing background noise. If necessary, corrections because of back ground noise have been applied. Table I:Sound power levels per motor-bike for different classes (average values), based on measured maximal sound levels near the course respectively on equivalent sound levels at greater distance. Class Lu, in d6(A),based on pass by measurements Lw in dB(A)at>1.5 x d Course Course Course Course Course Course A B C A B f Pos. Pos.2 Pos. l Pos.2 50 cc 2s 118.1 117.1 110.6 65 cc 2s 118.5 118.8 118.2 121.7 113.1 117.1 85 cc 2s 124.0 126.2 124.4 126.3 117.5 117.8 250 cc 2s 125.3 124.0 125.2 132.9 127.9 120.7 118.5 120.1 450 cc 4s 127.0 127.9 127.6 133.7 132,5 Veterans 2s 125.8 125.1 125.1 124.7 121.0 120.5 Veterans 4s 129.3 129.0 127.4 132.7 125 cc 2s 125.7 125.9 127.1 133.1 130.9 120.5 119.3 118.9 250 cc 4s 125.2 133.6 125.9 135.9 130.1 Juniors 65+85cc 2s 121.0 115.2 Juniors 85+125cc 2s 126.4 120.9 40+class 500cc 2s 125.1 119.9 40'class 625 cc 4s 127.5 Superclass 2s 127.5 122.3 Superclass 4s 130.3 "Enduro"class 2s 127.2 116.7 "Enduro"class 4s 128.1 Suzuki 125 cc 2s 125.4 125.9 117.9 Suzuki 250 cc 4s 131.6 130.9 The following should be noted. Position I at course A relates to a part of the course where motor-bikes pass by at relatively high speed; at position 2 motor-bikes accelerate after a curve. In many races various classes of motor-bikes take part simultaneously. The sound power level of the total course relates to that specific combination. The so called "Enduro class" relates to motor-bikes which have a special silencer and are for that reason allowed on public roads. In the so-called "super class" semi-profs attend. They take a larger part of the course with significantly more (sound) power than amateurs. This leads to a higher value of the sound power of the course as a whole. With measurements at greater distances care should be taken regarding the distribution of motor-bikes on the course. Short after the start almost all motor-bikes are close to each other, so that the distance to the measurement position of this combined sound source varies during that early part of the race. Measurements at greater distance to obtain equivalent sound levels should be carried out long enough after the start to ensure that the motor-bikes have spread out over the complete course. When the motor-bikes are more or less randomly distributed over the course, shorter periods of measuring time are sufficient. This is particularly important when measurements are disturbed by (transient) surrounding noise due to other sound sources which makes it necessary to ignore certain parts of the measurement period. The sound power levels of the course as a whole are significantly lower than those based on pass by measurements. This is due to the fact that the situation with maximum noise generation (full throttle) occurs at a limited number of specific parts of the course (straights, exiting curves). The types of motor-bikes that take part in crosses can differ from day to day and from course to course; also the number of motor-bikes per class vary. For the specific race days during which the measurements were carried out, a sound power level, averaged over all motor- bikes, was derived. These values are for course A and B 119 dB(A) and for course C 120 dB(A). For a rough estimate of the noise emission of a course (sound power level per motor- bike)an average value of 120 dB(A)for all motor-bikes could be applied. New so-called `Enduro"-silencers are currently available. To determine the effect of these silencers the sound levels according to the pass by test have been determined. The obtained sound reduction depends on the specific manufacturer. It appears that the additional sound reduction due to the use of Enduro silencers can be up to 8 dB. 5. COMPARISON OF SOUND POWER LEVELS The average sound power level derived from maximum sound levels near the course — at parts of the course taken with full throttle - are significantly higher than those derived from the measurements at greater distance. This is caused by the fact that motor-bikes drive with the throttle (almost) fully opened only at a relatively small part of the course. A difference between both types of sound power levels of about 8 dB indicates that only 15 % of the total duration of the race refers to the full throttle situation. This important conclusion has to be taken into account when making a calculation model. Which part of the course has to be taken into account depends on the specific lay out of the course. Semi-profs cause an approximately 2 dB(A) higher sound power level of the whole course compared with the values with amateurs. The application of so called Enduro silencers leads to approximately 2 to 3 dB lower sound power level of the course as a whole. However, this will only influence the sound emission of a complete racing day if all motor-bikes apply this type of silencer. The sound power levels of courses in flat land do not differ significantly from those which are digged in. The effect of sound barriers which exist as a consequence of this digged in course parts is less than expected mainly because important parts of the course with high sound emission do not benefit from this circumstance. 6. COMPARISON WITH EARLIER STUDIES In the report of 1986 [1] it was concluded that the difference in sound power level between various classes is small, and that for practical reasons one could calculate the noise emission of a course by applying a sound power level of 124 dB(A) for each motor-bike. As a first simplified approximation this might be true. However, when noise limits are severe and hard to meet, a more differentiated approach is recommendable, taking into account the specific classes of motor-bikes that usually will attend races at that specific course. In such an actual situation significantly lower sound power levels can be applied, as are determined in our study. 7. FIM-TEST AND OTHER CONTROL MEASUREMENTS In order to check whether the sound emission of a cross motor meets the limit or not, the so- called FIM-test is applied, executed prior to the race. With this test the sound level at a distance of 0.5 m from the exhaust outlet is determined (see figure 3). At the time of the TNO-study of 1986 the limit was 108 dB(A) with the remark that very soon this limit would be decreased to 104 dB(A); at that time most motor-bikes showed sound levels of 104 to 106 dB(A). f I 1 �� CV 0.5 m � I � �— 45 Figure 3: Situation at F/M emission measurements. At this moment the FIM-limit is 97 dB(A) (meter reading slow), which shows the technically achieved reduction of the sound emission of cross motor-bikes. Neglecting the noise contribution due to the engine block and air intake, this limit corresponds with a sound power level of 103 dB(A). However, the average sound power of motor-bikes appeared to be 120 dB(A), showing no real relationship with the FIM-limit, which is even worse when considering the sound power during acceleration. This poor relationship can also be derived from the fact that the FIM limit was decreased with 11 dB - from 108 dB(A) in 1986 to 97 dB(A) in 2005 - while the effective reduction of the average sound power level of motor- bikes in that period of time appears to be about 4 dB. As the discrepancies between the FIM sound emission and the sound emission during real race conditions are to large, the FIM method is no suitable instrument to limit the sound power of the course as a whole. A modification of this specific method is recommendable, for instance by simulating the race situation by measuring the maximum sound level during fast acceleration up till the r.p.m as prescribed by FIM regulations. Measurements should be taken at a larger distance than 0.5 m from the exhaust outlet (for instance 1.5 m) to take into account the noise contribution of other parts of the motor-bike such as air inlet and engine block. This is especially true when additional reduction of the sound emission of the exhaust outlet is achieved, making this sound source less dominant in the total sound power of the motor-bike. Apart from the FIM test, more and more pass by tests are used to check the sound emission of cross motors. If the sound level at 7.5 m distance from the course during acceleration exceeds a specific value the motor-bike is not allowed to attend the race. It is clear that this method has a better relationship with the real sound emission during the race itself. N.B. Based on the results (or limit) of the pass by test and the number of motor-bikes attending the race, one could consider the set up of a book keeping system in order to control the total equivalent sound immission at discrete locations near dwellings. This exercise can be done prior to the race to prove that sound limits in permits will be met, or during the race to show that no exceeding of noise limits have taken place. 8. CALCULATION MODEL As concluded before, it appears that only certain pans of the course are responsible for the total sound power of the course as a whole. This relates to the specific operating conditions of motor-bikes during the race. Practical experience shows that mainly at straight parts of the course and when exiting curves motor-bikes are operated with throttles (almost)fully opened, generating maximum sound power levels. At the other parts of the course (for example before entering a curve or a ramp) the sound emission of the motor-bike can be 15 to 20 dB lower, because the corresponding operating conditions (braking or coasting) mean that hardly any mechanical power is required. Although only 15 % of the duration of the race should be considered with maximum sound power level (see above), from verification calculations it appears that effectively about 8 % of the length of the course should be modeled with maximum sound power level. This knowledge also serves another purpose. It is very important to know which parts of the course actually contribute to the total sound emission when considering sound reducing measures such as sound barriers. It is no use to erect for instance extensive earth walls as sound barriers near parts of the course that are not or less important for the total sound emission in certain directions. Based on these observations, calculation models were made with the following characteristics: - the course as a whole was subdivided in course parts of 10 to 20 m; - from the measurement results nearby the course of motor-bikes passing by, the sound power levels during maximum sound generation of the motor-bikes were derived; - on each straight course part and course parts after a curve these maximum sound powers were used; other course parts were neglected; - taking into account the average speed of the motor-bikes on the course, the average duration of passing was derived for each course part; - combining this duration time on each course part with the number of motor-bikes in the specific race, the time corrected contribution to the total sound emission of the course was determined; - with this model the sound levels on the verification positions were calculated. Table 2 shows the results of these calculations. Table 2: Comparison of measured and calculated equivalent sound levels due to courses at di ferent positions. Class LAeq in dB(A) Measured Calculated Course A 50 cc 2s 52.0 49.7 65 cc 2s 56.9 53.1 85 cc 2s 62.1 60.9 250 cc 2s/450 cc 4s 64.3 63.0 Veterans 2s /Veterans 4s 64.1 64.3 125 cc/250 cc 4s 63.2 62.6 Course B 125 cc 2s/250 cc 4s 63.5 63.8 250 cc 2s/450 cc 4s 63.4 64.3 Superclass 2s/4s 67.2 67.4 401-class 500 cc 2s/625 cc 4s 63.5 64.1 "Enduro"class 2s/4s 60.4 64.0 Course C Suzuki 125 cc 2s/250 cc 4s Position 1 75.0 74.2 Position 2 57.8 56.8 125 cc 2s/250 cc 4s, race 1 Position 1 80.7 84.0 Position 2 63.0 66.5 125 cc 2s/250 cc 4s, race 2 Position 1 79.2 79.4 Position 2 57.8 61.9 250 cc 2s/450 cc 4s Position 1 77.6 79.9 Position 2 60.3 61.6 As can be seen from table 2 the measured and calculated values correspond satisfactory with each other. To take into account the additional reduction due to woods the damping factors of table 3 have been used. 1 a4k 3 Damping Jactorr nzgarding additioad,wirrreducuun 44(10.,µdy. Frequency)Hz] 31 63 125 250 500 1000 2k 4k Sk Damping(dfllmi 0.00 0.01 0.01 0.01 0.04 0.05 0.04 0.09 0.09 9.EFFECT OF PROVISIONS The results of measurements show that by application of improved exhaust silencers,the total sound emission of the motor-hike can he reduced substantially(up to 8 dB);see figure 4. It was concluded before[I]that the influence of such improved silencers on the performance of the motor-hike is negligible.However,the application of an improved silencer requires a new set-up of the engine (tine tuning of ignition timing and mixture-ratio)in order to prevent power loss.For this reason owners•'users of motor-bikes often have a negative opinion about improved silencers.Also the psychological effect plays all important rule('less noise less power").For this reason communication with ownersusers is very important. Ifa I' n r _.s •1 • fume 1:f'omple vfimproved:denryr. furthemlure.application of noise walls or harriers can reduce the noise emission or. is an alternative.the digging in of the course has the same effcct.It is not useful to try to optimize the location of noise harriers in relation to certain more noisy parts of the course. if many scattered short parts of the course contribute to the total noise emission.However,it'a small number of noisy parts exists,such an optimization might be usefii. Woods have their effect on the noise emission,but can hardly he considered as an additional provisiou. However, the existence of woods can be taken into account when selecting the location of a new course. 10. CONCLUSIONS AND RECOMMENDATIONS A significantly lower average sound power level for cross motor-bikes (approximately 120 dB(A)) has been determined compared with the values of 124 dB(A) used up till now based on studies from 1986 and before. In acoustical critical situations more differentiation is recommendable, since certain classes have lower average sound power levels. The application of optimized silencers can provide an additional noise reduction up to 8 dB. The results of these developments improve the possibility of obtaining permits for existing and new motocross courses. It also provides extension of the number of races and/or motor- bikes within actual permits for existing courses. Communication with owners/users of motor-bikes regarding the application of special silencers is recommended in order to stimulate a broader use of these devices. In calculation models it is sufficient for an accurate prognosis of the noise emission of the total course to only implement sound powers of accelerating motor-bikes at straight course parts and parts after curves. The noise contribution of other parts of the course may be neglected. It is recommended to modify the FIM control measurements in such a way that a better relationship with the sound emission during the course exists, for instance by measuring the maximum sound level during fast acceleration up till prescribed r.p.m, and at for instance 1.5 m from the exhaust outlet. As an alternative pass by tests could be considered. REFERENCES [I] TNO-report GF-FIR-02-02(in Dutch),Noise of motocross courses and means to reduce it,TNO, 1986. [2] FIM,Motocross and motocross technical regulations.version 2005 Motocross Track Ruling In 2003, a Montana family was dealing with a neighbor that installed a motocross track. The noise levels and dust from the motorcycles were so great that the family had to abandon their home during race meets. The neighbor chose to ignore complaints about the track. The family of Leonard Moyers brought a civil action against the family of Lorraine Morin, in Flathead County, Montana which operated a motocross track on their property. The attorney representing the Moyers family retained a consultant, Arline L. Bronzaft, Ph.D., who created a report as evidence that included statements of individuals exposed to the track noise, photographs of the area, noise measurements, appropriate studies and references. In district court, the judge found for the plaintiff. The conclusions of law were that the operation of the motocross track was determined to be a public nuisance. The defendant was prohibited from the operation of any type of motocross track in the vicinity and required to remove the track from the property. That included restoring the original contours of the property by removing the hills and jumps that were constructed as part of the track. STEWART E. STADLER District Court Judge, Department 3 Flathead County Justice Center 920 South Main Kalispell, MT 59901 Telephone: (406) 758-5906 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD LEONARD MOYER, ET AL., Cause No. DV-02-091A Plaintiffs, vs. FINDINGS OF FACT, LORRAINE MORIN, ET AL., CONCLUSIONS OF LAW, Defendants AND ORDER This matter came on for trial on Wednesday and Thursday, August 20, 2003. Plaintiffs were present and represented by their counsel, Lee C. Henning; the Defendant Lorraine Morin was present personally and on behalf of the Morin Family Trust; the remaining Defendants were not present. The Court, having considered the pleadings and exhibits, the testimony of the parties and their witnisses, and being fully advised, now makes the following: FINDINGS OF FACT 1. The Morin Family Trust is the title holder to certain property located in Flathead County, State of Montana, upon which Defendants have operated and/or allowed to operate the Badrock Motocross Track. The remaining Defendants are the beneficiaries of the Trust and jointly control the real property in question. EXHIBIT usLtYeel '2 2. Plaintiffs own real property near the Badrock Motocross Track. 3. Lorraine Morin occupies and controls the property on which the Badrock Motocross Track is located by the consent of and in conjunction with the other two beneficiaries of the Morin Family Trust, Cheryl Brunson and Janice Morin. 4. In or about the fall of 2001, the Defendants allowed the aforementioned motocross track to be built on their property. 5. Since that time the Defendants have operated and/or allowed to operate a motocross track on the property, at times by themselves, and at other times in conjunction with other persons. 6. During the spring, summer and fall months of 2002 the track has been operated as frequently as on a daily basis. 7. On a number of occasions during the summer of 2002, large race meets were held at the track. 8. The track produces a tremendous amount of noise and dust which unreasonably interferes with the Plaintiffs' ability to use and enjoy their property. 9. The noise level of the motocross bikes is so great on some occasions that it interferes with the Plaintiffs' ability to hold normal conversations on their property, to listen to television and radio, and to study. 10. The Plaintiffs, on a number of occasions, requested that Defendants stop or limit the use of the motocross track, which requests were ignored by Defendants. 11. The continued operation of the track would dramatically decrease the Plaintiffs' use and enjoyment of their property and would negatively impact the value of the Plaintiffs' properties. 12. Some of the Plaintiffs have chosen to abandon their homes during the days of heavy operation of the track due to the noise. 13. The Defendants continue to operate the track on a limited basis and even this limited operation interferes with Plaintiffs' ability to use and enjoy their property. 14. In an attempt to reduce the impact to surrounding property owners by the operation of the track, Defendants continued to reduce and limit the operation of the track. The Court does not find that the Defendants acted with actual malice and an award of punitive damages would not be appropriate. 15. Defendants have shown an inability to regulate the use and operation of the track in a manner which does not obstruct Plaintiffs' free and comfortable use and enjoyment of their adjoining properties. For that reason it is necessary for Defendants to be compelled to remove the track completely from the property. Based upon the foregoing Findings of Fact and Conclusions of Law, the Court hereby enters the following: CONCLUSIONS OF LAW 1. The operation of the Badrock Motocross Track is determined to be a public nuisance and Defendants are permanently enjoined from the continued operation of any type of motocross track in this vicinity. 2. Defendants are to abate this nuisance by removing the track from the property. This removal is by restoring the original contours of the property in question by removal of the hills and jumps which were constructed as part of the track. 3. Plaintiffs are not entitled to an award of punitive damages. Based upon the foregoing Findings of Fact and Conclusions of Law, the Court hereby enters the following: ORDER 1. That Defendants permanently terminate the operation of the Badrock Motocross Track. 2. That Defendants, as weather and time allow, are to cause the removal of the track by removing hills and jumps that were constructed for its operation. This removal and restoration to original contours is to be accomplished as weather and time allow but no later than July 1, 2004. Dated this 28th day of October, 2003. SIGNATURE Stewart E. Stadler District Court Judge pc: Lee C. Henning Lorraine Morin Cheryl Brunson Janice Morin • 71) (AM iti rir .11 ; 1 'L 17.6D It H; 1181 >en n Wei di tI u I I tr Keck flux N 4 net N O4 , 1 v e ' dG, E)c*Ti,w1t"RICt 'f 'Ca t t4 M .•nt :Ct d U r , '4 RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#1181-DARREN WEIDENHAMERIKELLY WALKER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 28, 1998, a Show Cause Hearing was conducted to consider revocation of Special Review Permit#1181 for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District, issued to Darren Weidenhamer and Kelly Walker, 7268 Osceola, Westminster, Colorado 80030 on the following real estate to-wit: Part of the SW% of Section 19, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of October 28, 1998, Darren Weidenhamer, Operator, was present, and WHEREAS, after hearing all testimony presented, and having been fully informed, the Board Finds that the burden of proof has been met as to violations of Conditions of Approval#1, #2.A, and #3 and Development Standards#8, #10, #16, #20, and#27, and deems it advisable to revoke Special Review Permit#1181 for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby Find that Darren Weidenhamer and Kelly Walker, the holders of Special Review Permit#1181, are in violation of Conditions of Approval#1, #2.A, and #3 and Development Standards#8, #10, #16, #20, and#27. BE IT FURTHER RESOLVED by the Board that Special Review Permit#1181 be, and hereby is, revoked. LI IT aoSt 982091 PL1250 SHOW CAUSE HEARING - USR#1181 - DARREN WEIDENHAMER/KELLY WALKER • PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D., 1998. BOARD OF COUNTY COMMISSIONERS IOn W,D COUNTY, COLORAD ATTEST: l �,s,•oJ ��.e_f — itiP—a�a•'J�. Constance L. Harbert, Chair ' t • A'oa[� '/Weld County Clerk E � *, ;A, �� kill /Use M W. H,Webster, Pro-T BY: i . .. /� b„moo., / il Deputy Clerk,' °`Y n�� /GeorgeE. Baxter APPROVED AS TO FORM: Dale K. Hall Col ity Attorney ,t. Barbara J. Kirkmeye 982091 PL1250 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act,you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 98-60 Darren Weidenhamer and Kelly Walker 7268 Osceola Westminster, Colorado 80030 DATE: October 28, 1998 TIME: 10:00 a.m. REQUEST: Hearing to SHOW CAUSE for revocation of USR#1181 LEGAL DESCRIPTION: SW%of Section 19, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado ISSUES: Whether or not the Permit holder is in compliance with: 1. Condition of Approval #1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Condition of Approval #2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that, should they be found with alcohol or under the influence of alcohol, they will be removed immediately from the premises. 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. B. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run- off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. F. The applicant shall submit a security plan to the Weld County Sheriffs Office for review and approval. The applicant shall submit evidence of Sheriffs Office approval to the Department of Planning Services prior to recording the plat. 3. Condition of Approval #3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 4, Development Standard#7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, C.R.S., as amended. Mufflers and silencers shall be required on all motorcycles using the property. 5. Development Standard #8. Adequate toilet facilities shall be provided for patrons of the facility. 6. Development Standard #10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems(described above) shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a- potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on-site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed, they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. D) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 7. Development Standard#16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m. all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours. B) Racing hours: 6:00 p.m. until 10:00 p.m. Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. 8. Development Standard #20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. Development Standard #27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 28, 1998 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#98-60, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 16th day of October, 1998. DARREN WEIDENHAMER AND KELLY WALKER 7268 OSCEOLA WESTMINSTER CO 80030 CANNON LAND COMPANY 36 STEELE STREET #250 DENVER CO 80206 RUTH MYERS 30113 TROUTDALE SCENIC DRIVE EVERGREEN CO 80439 MARC AND SHERI SIRIOS PO BOX 67 KEENESBURG CO 80643 JAMES AND HELEN SIRIOS BOX 58 KEENESBURG CO 80643 Deputy Clerk to the Board SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Darren Weidenhamer/Kelly Walker USR-1181 Cannon Land Company 36 Steele Street#250 Denver, CO 80206 Ruth Myers 30223 Troutdale Scenic Drive Evergreen, CO 80643 Marc and Sheri Sirios P.O. Box 67 Keenesburg, CO 80643 Helen Sirios Box 58 Keenesburg, CO 80643 MEMORANDUM �. TO: Board of County Commissioners October 27, 1998 wise COLORADO From: Scott Ballstadt, Planner I 1., SUBJECT: USR-1181 Weidenhamer • The applicant, Darren Weidenhamer, worked diligently with the Department of Planning Services to receive approval from the Planning Commission and Board of County Commissioners, ^owever, since that time has commenced operation without addressing conditions of approval or submitting a mylar plat. Following the probable cause hearing, the applicant has made an attempt to address the conditions of approval, however, the information submitted is not sufficient. It has been explained to the applicant and his representatives several times that Via various plans required by the resolution approving USR-1181 need to be approved by the appropriate referral agencies. Also, the applicant has been informed that the plat shall reflect what was approved by the Board of County Commissioners. The Department of Planning Services recommends allowing an additional week for the applicant to submit adequate documentation that the conditions of approval have been met, as well as the plat for recording. c1apps\mi rAusr1181 tm- MEMORANDUM To: Board of County Commissioners October 26, 1998 WIIDCFrom: Sharyn Frazer, ACEO, Code Compliance Officer, Dept. of Planning Servi COLORADO Subject: Extreme Raceway USR-1181, ZCH-006, VI-9800140 I have included additional information received by the Department of Planning Services for Extreme Raceway. The Show Cause Hearing is scheduled for Wednesday, October 28, 1998, at 10:00 a.m. If you should have any questions, please contact me at X3534. SERVICE.TEAMWORK,INTEGRITY,QUALITY 6 DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley,CO 80631 Phone(970)353-6100, Ext.3540 WIlD C Fax(970) 352-6312 COLORADO The following is a list of the conditions of approval and development standards that have not been met as stated in the approved Use by Special Review(USR-118) Conditions of Approval - The plat has not been recorded In the Weld County Clerk and Recorder's Office as of September 25, 1998 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that,should they be found with alcohol or under the influence of alcohol,they will be removed Immediately from the premises. As of September 25, 1998, no septic permits have been applied for or approved through the Weld County Health Department. 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. As of September 25, 1998, no dust abatement plan has been submitted to the Weld County Health Department for review and approval. B. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. 981824 USR-1181 -Page 2 As of September 25, 1998, no landscaping plan has been submitted to the Weld County Planning Department for review and approval. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate located and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. As of September 25, 1998, the applicant has not submitted a buffering/noise mitigation plan to the Department of Planning Services. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. As of September 25, 1998, the applicant has not submitted a drainage plan to the Public Works Department. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run-off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. As of September 25, 1998, the Weld County Sheriff's Office has not accepted a security plan from the applicant for review and approval. F. The applicant shall submit a security plan to the Weld County Sheriffs Office for review and approval. The applicant shall submit evidence of Sheriffs Office approval to the Department of Planning Services prior to recording the plat. As of September 25, 1998, the applicant has not submitted a building or electrical permit application for the structure and electrical work on site. 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Development Standards- We have received repeated complaints about the noise level. The Weld County Health Department has taken noise readings(see file). 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, C.R.S., as amended. Mufflers and silencers shall be required on all motorcycles using the property. There are no septic permits on file with the Weld County Health Department for this facility as of September 25, 1998. 8. Adequate toilet facilities shall be provided for patrons of the facility- USR-1181 - Page 3 10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems(described above)shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a-potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on-site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed, they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. D) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. Complaints received stating that the facility is not operating within the guidelines as set forth below. 16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m., all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours B) Racing hours: 6:00 p.m., until 10:00 p.m., Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. No building or electrical permits are on file with the Weld County Building Inspection Department. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the permit by the Board of County Commissioners. NO0-02-1998 0608 P.02 • MEMORANDUM TO: Sheble McConnellogue DATE: October 27, 1998 ..iK. .: • f O FROM: Troy Swain 2t' COLORADO SUBJECT: Extreme Raceway USR 1181 At your request I have reviewed the dust control plan for Extreme Raceway. The water truck is adequate for the control of dust for the racetrack. "Watering the track every hour"and more often • if necessary would be acceptable. I strongly recommend that the entrance to the facility and the parking area be treated with magnesium chloride(or similar dust suppressant)or paved_ Any dust control measures must ensure that there are no off property transport of visible emissions. I have an additional concern regarding the possible increase of traffic on unpaved roads leading to the site. Under state law,Weld County may be responsible for the control of road dusts regardless of what business is responsible for the increased traffic. • • • • 14. EXHIBIT TOTAL P.02 MEMORAND OLINTY TO: Board of County Commissioners 1998 anfr 4if P0999 COLORADO From: Scott Ballstadt, Planner I CLERK SUBJECT: USR-1181 Weidenhamer TO THE BOARD The applicant, Darren Weidenhamer, worked diligently with the Department of Planning Services to receive approval from the Planning Commission and Board of County Commissioners, however, since that time has commenced operation without addressing conditions of approval or submitting a mylar plat. Following the probable cause hearing, the applicant has made an attempt to address the conditions of approval, however, the information submitted is not sufficient. It has been explained to the applicant and his representatives several times that the various plans required by the resolution approving USR-1181 need to be approved by the appropriate referral agencies. Also, the applicant has been informed that the plat shall reflect what was approved by the Board of County Commissioners. The Department of Planning Services recommends allowing an additional week for the applicant to submit adequate documentation that the conditions of approval have been met, as well as the plat for recording. c:\apps\misc\usr1181 ru. ? MEMORANDUM fat; To: Board of County Commissioners October 26, 1998 From: Sharyn Frazer, ACEO, Code Compliance Officer, Dept. of Planning Service COLORADO Subject: Extreme Raceway USR-1181, ZCH-006, VI-9800140 I have included additional information received by the Department of Planning Services for Extreme Raceway. The Show Cause Hearing is scheduled for Wednesday, October 28, 1998,at 10:00 a.m. If you should have any questions, please contact me at X3534. —1 O `� m a -2,co 70 no n� 'cr Cl) 'o SERVICE,TEAMWORK,INTEGRITY,QUALITY IXHIuIT In I00'd ZLSZ'ON X8/X1 66:LO 86/8Z/60 .'40.. r :r4 . \ S ., dr Ifk \ • rt•Ci' A'a. 4f''p rj M • •H 4, !. 4..- , 3 \ g tt I U ;I Z k 1 a. Q \ Nt 1 h • i ' ' I IX Fe W f • .e 1 of I ;i. • 2 I I ? e 1 II €a i`Et:tsa Fe C. sFr * • \ ill.!iii'; Pt altili * \ I iiilli;igi / k JS. ., \ pa 2I iAlfliii ;5 f a linfx Mg r 1-111. � 71�I��7�� T I 1 • • • • r . MIL-_1115;72k71;1011^1 LL9Lanima l d VE969ZVEOE OWI1 13SIV1S/ASVISO3 bvH3 bid17 l SFr,- —. - -, 1-,JUL) 11 :23PM FROM ECSTASY/SUNSET LIMO 3036269634. P. 2 MANUFACTURED HOML FACTORY WILT HOME.MOBILE HOME BUILDING PERMIT WELD COUNTY BUILDING WSPECTION 1400 NORTH 17TH AVENUE GREELEY.CO $0031 IS7014S3 s1o0 EXT.3521 '..�'� PLOT PLA RE GYRED FOR ALL STRUCTURES - • =.`f HOMEOWNER ._� . . E . • i ' / A MAILING ADD- -g r , _ _ PHONE --� • Er LANDOWNER S 1 'Kiln �I • ♦ � MAILING ADDRESS I T� •� PHONE• LAST LOCATION OF HOM ��-_--�•aB u EI 'R>w •. HB �# JOB ERE ADDRESS �I�1■L. '. � � ► ..�> 7 . . a. LEGAL OPSCRIPTIO SEC - ...—____-.7--.N• R W -D�ISTAN FROM; NM., • .OR SUBDIVISION LOT BLOCK I'I: t s + {• �N 1 ,, VIA' on MOBILE HOME PARK �+V SPACE • REQUIRED SETBACKS FOR MOBILE NOM£PARKS: END TO END- to;END TO SIDE-12-5', SIDE TO SIDE.16., FRONT DOOR 5' • INSTALLER MAILING ADDRESS L'` (){�. Z, `1I/1 ` A,� r` IR ID; PHONE •I CLZI .4cillrFR.\ICst .I (276bs414+ Qcs.a sCa _ 17o-noQa; ELECTRICAL CONTRACTOR MAILING ADDRESS IDE PHONE FOUNDATION CONTRACTOR RLC [. 1\t )e 1(12C CaDo-cQ A c 303 n229 /j MAILING ADDRESS IDf PHONE USE FOR STRUCTURE MI CELLANEOUB a O PRINCIPAL DWELLING BLK?IED MOBILE ZONING INFORMATION TV OF FOUNDATION OACCESSORY TO FARMO ZPMH/MHZPOCKING . ACCESSORY STRUCTURE 0 MANUFACTURED HOME FOUNDATION O APFICAAV. E OF C DASlMENT. ❑ MEDICAL;HARDSHIP 0 OTHER O CERTFICATE OF cOMPUANCE O UN INISHE - O OTHER • O OTHER • ❑UNflNIBHEaSF:._..�,�, 0 CRAWLSPACE • U CAISSONS I O OTHER • HEIGHT OF FB!OROO: . I_ PATIO: 1ST SITE:aka 2ND SIZE._X.-- COVERED: O YES NO NUMBER BATHROOMS OF FULL: A.�$ TOTAL A AREA: ' a 1/2: I PLOT.PLAN ON FILE:O YES OVEREO:O YES O O TOTAL LAND AREA: DRIVEWAY ACCESS: KING NEW-- CIN ON FILE:C YES41 Q 1'�BKQ14. )(EXISTING O NEW--DNORT}I OSOUTH LEAST OWIST TYPE OF SEWAGE: TYPE OF WATER: V� Ne�+iE` . Tr O FUOLIC-NAME: TYPE OF HEAT: ELECTRICAL SERVICE: O PRIVATE O PUEUC-NAML C NAT.OAS-NAME: O NAME: PERMIT F: O PRIVATE O PROPANE-NAME: - SIZE OF SVC: AMPS PERMIT F: P ELECTRIC-NAME:PERC.TEST DATE: 0 OTHER CALCULATIONS:, HOME INFORMATION; VALUE O • YEAR BUILDING FEE 6 MAX! "NOT TO INCLUDE THE FOLLOWING ITEMS IN 774E ABOVE PRICE*• SERIAL It . ELECTRICAL COSTS $ FS NO. . CONSTRUCTION METER FEE S $ DIMENSIONS • X PLAN CHECKCOST FEES COLOR , n ♦ CRAWLS►ACE/BASEMENT COSTS $ FEE P DECKS OVER 4'X4' COSTS $ • FEE $ RECEIPT N TOTAL FEES 0 PLEASE ADD A Y ADDITIONAL INFORMATION THAT IS NOT COVERED IN ABOVE APPLICATION 34--- • SIGNATURE OF APPLICANT • DATE 09/28/98 07:49 TX/RX NO.2572 P.002 - /- ✓`-k. .»pl4 FROM ECSTASY/SUNSET LIMO 3034269634 P. 3 RESOLUTION: To: Weld County Commissioners Weld County Of Colorado. SECURITY PLAN: We have a Family atmosphere, we have 2 people running the front gate and 16 employees plus 5 management running the track. Should we ever run into a situation that we could not handle then we would cal] the appropriate agency, Every person that comes through the gate is very aware that if caught with alcohol they will be Ejected from the premises Immediately. 09/28/98 07:49 TX/RX N0.2572 P.003 ■ 17-1995 11 :24PM FROM ECSTASY/SUNSET LIMO 3024269634 P. 4 RESOLUTION: TO:Weld County Commissioners Weld County Of Colorado. DUST PLAN: #2-B #B-We Have a Water Truck that carries 3,000 Gallons of water, We water the track every hour and we water the parking area approximately every 2 to 3 hours to help keep the dust down. We are doing everything humanly possible to keep the dust down. 09/28/98 07:49 TX/RI N0.2572 P.004 CSTASY/SUNSET LIMO 3034269624 P, RESOLUTION: To:We1d County Commissioners Weld County Of Colorado. LANDSCAPING PLAN: Answers to questions #C & D C-The reason that we haven't planted any trees is because of all the construction going on, now that the construction is finished we will be planting Evergreens Bushes and Trees all over the track for Noise Bathers also we will be planting small flowers in the flower bed up against the mobile home structure, 09/28/98 07:49 TX/RX N0.2572 P.005 • P'i:;l PAGE NO. 0001 GP0803 MT08 09-23-1998 08: 58 WC9804247 WELD COUNTY SHERIFF'S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-4247 + Crime/Incident: INFO ITEM N/C: MISC F/M: Addl Offense Date reported : 092198 Time Rpt: 1240 Clearing caseF/M: # : Connecting cases: WC98-3985 + INCIDENT DATE-TIME-AND LOCATION IF/Date: 082198 F/T: 2220 + ILoc: WCR 396/WCR 61 City: KEE I IT/Date: 092198 T/T: 1300 Case status : INACTIVATED IDEP: WC0166 LEMAY, JAN + CASE STATUS AND MISC DATA IDrugs/Alcohol : Domestic Viol: Evidence/Photos :ITot Prop Stolen: Prop Rcvd: Prop Damg: I 'Force: Attempted or Completed: 'Extent Injuries : I I ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: ROME, RON DOB: 011364 *Addr: 7319 WCR 63 *City: KEENESBURG St: CO Zip: OLN: Phone: 3037324057H/B: H * *Sex: M Rac: Eth: Hgt: Wgt: Hai: OLS: * *Occupation: Bus Addr: Eye: SS: * * BusTX: * *Addl Desc Info: * * * * ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: WEIDENHAMER, DARREN DOB: * *City: St: Zip: OLN: Phone: H/B: * *Sex: Rac: Eth: Hgt: Wgt: Hai: E e: OLS: * *Occupation: Bus Addr: y BusTX:S * * *Addl Desc Info: * * * * 0 ET + C a ' : .:r cv , I� f 4 Rr b� t (PJ ar��,�Y"��. /I.?.ao1..G14 .S 7`✓ FYZz7l'r'. Use of ii .. . r: rmation E5,, 14 is reguis Cd by LAW DO NOT DiSSEM1NATE PTXT PAGE NO. 0002 GP0803 MT0B 09-23-1998 08 : 58 WC9804247 ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: WALKER, KELLY DOB: * *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * * + SYNOPSIS OR NARRATIVE + : RURAL COMMERCIAL SETTING. SUBJECTS OWN AND OPERATE A MOTOCROSS RACE TRACK UNDER A SPECIAL REVIEW PERMIT FROM WELD COUNTY. SUBJECTS HAVE BEEN OPERATING THEIR RACES OUTSIDE OF THE PERMITTED RACING HOURS. TO MY KNOWLEDGE AT THIS TIME, THEY ALSO HAVE NOT SUBMITTED REQUIRED SECURITY PLAN TO THE SHERIFF' S OFFICE FOR APPROVAL. NARRATIVE/FACTS: ON 082198 AT 2205 HOURS, DISPATCH ADVISED ME OF A NOISE COMPLAINT IN THE AREA OF WELD COUNTY ROAD 18-1/2 AND WELD COUNTY ROAD 63. THEY ADVISED THAT THE REPORTING PARTY, RON ROME, WAS ADVISING THAT THE MOTORCYCLE RACING TRACK AT THEIR LOCATION WAS SUPPOSED TO END THEIR RACING AT 2200 HOURS, AND THEY WERE STILL RACING AT THIS TIME. I WENT EN ROUTE AND ARRIVED ON SCENE AT 2231 HOURS. AT THIS TIME, I OBSERVED THAT RACES WERE STILL BEING CONDUCTED ON THE MOTORCROSS TRACK. I MET WITH THE OWNER/OPERATOR, DARREN WEIDENHAMER. I ADVISED HIM THAT IT WAS REPORTED TO ME THAT THEIR RACING WAS SUPPOSED TO END AT 2200 HOURS. HE STATED THAT WAS WRONG, AND THEIR PERMIT ALLOWED THEM TO RACE UNTIL MIDNIGHT. I ASKED HIM IF HE HAD A COPY OF HIS PERMIT WHICH HE COULD SHOW ME. HE SAID HE DID NOT HAVE ONE AT THAT LOCATION, AND HE KEPT IT IN HIS OFFICE. I THEN DROVE TO THE REPORTING PARTY'S RESIDENCE ON ROAD 63. FROM HIS RESIDENCE, I COULD HEAR THE MOTORCYCLE RACING CONTINUE. AT THAT TIME, IT WAS 2247 HOURS. I SPOKE TO MR. ROME, AND HE ADVISED THIS HAD BEEN AN ON-GOING PROBLEM WITH THEM OPERATING OUTSIDE OF THEIR PERMITTED HOURS. HE STATED THAT THEY ARE REQUIRED TO STOP RACING AT 2200 HOURS. MR. ROME ALSO DID NOT HAVE A COPY OF THE RACETRACK' S PERMIT. HE TOLD ME THAT HE WOULD ACQUIRE A COPY FROM PLANNING AND ZONING AND FAX IT TO ME. ON 090198 AT 2220 HOURS, MR. ROME DID FAX ME A COPY OF THE PERMIT. I OBSERVED THAT IN ARTICLE 16, PARAGRAPH B, THEIR RACING HOURS ARE 6:00 PM UNTIL 10:00 PM WEDNESDAY THROUGH FRIDAY. THE PERMIT STATED Lk r , 5 i Y PTXT PAGE NO.0003 GP0803 MT08 09-23-1998 08: 58 WC9804247 THAT MOTORIZED VEHICLES ARE RESTRICTED TO DAYTIME HOURS OF 9:00 AM TO 6:00 PM ALL DAYS, AND RACING 6:00 PM UNTIL 10:00 PM WEDNESDAY THROUGH FRIDAY. IT ADVISED THERE SHALL BE NO EVENING RACING ON SATURDAY THROUGH TUESDAY, AND THE APPLICANT SHALL STRICTLY ADHERE TO THE APPROVED HOURS OF OPERATION. DEPUTY NOONAN DID A REPORT ON A SEPARATE NIGHT WHERE THE RACING WAS BEING CONDUCTED OUTSIDE OF THE ALLOWED HOURS. HIS CASE NUMBER ON THAT INCIDENT WAS WC98-3985 . ON 091598, I SPOKE WITH MANAGER MARTINEZ ABOUT THIS PROBLEM. SHE CALLED PLANNING AND ZONING AND SPOKE TO SHARYN FRAZER. MANAGER MARTINEZ REQUESTED THAT I DO A REPORT AND FORWARD IT TO SHARON FRAZER. MANAGER MARTINEZ ALSO ADVISED THAT THE MOTORCYCLE TRACK HAD NOT SUBMITTED A SECURITY PLAN TO THE SHERIFF'S OFFICE FOR APPROVAL AS OF THAT DATE. I REQUEST THAT A COPY OF THIS REPORT AND REPORT 3985 BE FORWARDED TO SHARYN FRAZER WITH PLANNING AND ZONING. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: W00071 COGSWELL, LES rri Tv, Us t, C : is rL:.._ . NO1 D / s4,;,1;yq`TE • • PTXT PAGE NO . 0001 6P0875 MT08 09-15-1998 08 : 33 WC9803985 WELD COUNTY SHERIFF ' S OFFICE OFFENSE/INCIDENT REPORT NO : WC98-3985 Crime/Incident : INFO ITEM N/C : MISC F/M : Addl Offense F/M : Date reported : 090498 Time Rpt : 2210 Clearing case 4 : Connecting cases : - INCIDENT DATE - TIME - AND LOCATION-- — + lF/Date : 090498 F/T : 2200 ILoc : 30000 WCR 396 City : KEENESBURG IT /Date : 090498 T/T : 2230 Case status : INACTIVATED IDEP : WCO266 NOONAN , JOSHUA LAWRENCE -CASE STATUS AND MISt ft,TA lDrngs/Alcohol : Domestic Viol : Fv idence/Photos : Ilot Prop Stolen : Prop Revd : Prop Damg : ' Force : Attempted or Completed : C ( Fxtent Injuries : • " " " " " " " " " " " " " " " " " " "DATA FOR PERSON TN'VOI VtD A3 A : SUB ' " " ' Name : WEIUENHAMER , DARREN [alts : ' Addr : Ph:.ne : 303425965^H/F : H ' . t. I Si ; .- i1 . [llU iii. , 5ev : M her. : Elko :igt : Wgt : Bair Lye : ' llrl upot ip'n : Sl!s Add r : I:Us : '1,11 D,:-..- I n ( . , . ' IQawe : FUmE , FON hCB : Fi11364 ' ' Addr : 7319 WCR 63 Phone ; 30337324057H/B : H • ' City : KEENESBURG St : CO Zip : 80643 OLN : OLS : ' 5?x : M Rai_ : Fth: Poi : 4t : He : : Eye: `;`, : ' Occupation : Bus Addr : BusfX : "Add; Desc Info : Weld County Planning Dept. SEP 16 1998 PFit COPY Use of this information is regulated by LAW ' l `�' DO NOT DISSEMINATE Plan PIXT PAGE NO . 0002 GP0875 MT08 09-15-1998 08 : 33 WC9803985 SOPSIS OR NARRA1 LVE + : RURAL AREA NIGHT TIME HOURS , COMPLAINT CALLED? IN THAT THE SUBJECT WAS VIOLATING THE SPECIAL PERMIT GIVEN BY PLANNING AND ZONING FOR THE RACE TRACK . + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT-- - + IITEM NO : 1 DESC : SPECIAL REVIEW PERMIT 3 PGS IITEM NO : DESC : ! ITEM NO: DESC : IITEM NO: DESC : NARRATIVE/FACTS : ON 09-0A-98 AT APPROXIMATELY 2210 HOURS , DEPUTY RICHARDSON WAS DISPATCHED TO THE AREA OF HIGHWAY 396 EAST OF KIENESBURI, ON A NOISE COMPLAINT . THE WITNESS SAID DARREN WEIDENHAMER HAD A PERMIT FOR A RACE TRACK IN THAT AREA AND THE PERMIT ALLOWED HIM TO RACE UNTIL 10 : 00 PM . THE WITNESS SAID IT WAS AFTER 10 :00 PM AND THE RACING WAS STILL COINC. ON . I CONTATED THE WITNESS BY PHONr_ ; AND THE WITNESS FAXED ME A COPv OF THE SPEClAI REVIEW PERMIT , Ii':P # 11.81 . THE Wl1NES SAID HF WAS URSEi THAT THE OWNER Of THE r,r•:'RtRIY RLCLIVE9 A PI:RMII TO HAtlt rl:r MOTOCROSS RACE TRACK . HE SAID i WAS AFTER 10 : Oi1 AND HE i rlLII D STILL. HEAR THE MOTORCYCLES OUT }HERE AT THE TRACK . I INFORMED HIM THAI A DFPUIY WAS FN ROUTE TO lift AREA 10 ATTEMPT TO LOCATE THE RACE TRACK , AND I WOULD COMPI F ' I AN LNI ORMAI ION ITEM REPORI AN0 ' .NO A COPY fF If 10 PLANNING. ;•r.•`1 ? 'iNINi, AND IHr LOHNTY I iIMMJ ' 1G.INEP . I THt:N 1A KI r: 10 r►VPLITV RIC'HAk€.•'..RAN , DEPUTY RICHARDSON SAIr HE RESPOr4i'ED TO THE AREA BUT WAS '.!N611 10 LOCATE FilE RAC I• TkAi.K Ar+U COULD NOT HEAR ANYTHING . ACCORDING TO PAGE 2 OF THE DEVELOPMENT STANDARDS , 1GB, THE HOURS OF OPERATION FOR MOTORIZED VEHICLE'S IS RESTRIC: IEI FROM 6:00 PM UNTIL 10 : 00 PM, WEDNESDAY THROUGH FRIDAY . A COPY OF THIS REPORT NEEDS 10 6; FORWARDED TO PLANNING AND ZONING AND THE BOARD OF COUNTY COMMISSIONERS . NO FURTHER ACTION TAKEN BY THIS OFFICER . IHIS IS IHE CND OF THIS RELi'l: r COPY Use of this information is regulated by LAW DO NOT DISSEMINATE • PTXT PAGE N0 . 0003 GP0875 MT08 09-15-1998 08 : 33 WC9803985 Report Approved By : WC0018 METZGER , MICHAEL K COPY Use of this information is regulated by LAW nn NnT nIccrMINATP DUKE WELLINGTON 30075 W.C.R. 18 P.O. BOX 509 KEENESBURG,CO. 80843 RE: DOCKET 098.27 ATTN: SHARON FRAZER COMPLIANCE OFFICER To Whom It May Concern: Reguarding the Extreme racing Track, violations. They violate the time of operation allotted to them four out of five times. The track has operated as late as midnight on occasions. The lights from this track shine directly at the back of my home and are very annoying and obnoxious. The dirt and noise created by this race track is not only extremely annoying and nerve-wracking but unhealthy. They have never,to my knowledge,put calcium on the road from town to their track to reduce amount of dust created by the traffic due to this establishment. This was one of the original conditions given them. There has been a tremendous increase in the amount of litter, such as beer and pop cans, bottles and other refuse along the road to and from the race track. Their P.A.system is so loud I can hear what is going on at the track from my patio. In the past they have fired large fire works endangering the crops in the adjoining areas. This race track has also doubled in physical size in the past month. I'm under the understanding that their enlargement was done to attract Professional Motor Cross Racers. They were originally granted permission to open on the basis for a recreational facility for young people under the age of 18. - ft's my belief that the owners are under the assumption that after aproval to open this truck,they can after the agreement to suit themselves. I would appreciate your taking these complaints into consideration and act accordingly in seeing that they comply to the original agreement or be shut down. z;73_...) Sincere y Don A. and Lauren R. Hyde 29517 WCR 18.5 Keenesburg, CO 80643 (303) 732-4257 September 24, 1998 Re: Zoning Compliance Hearing for Extreme Raceway Dear Ms. Frazier: We understand that a zoning hearing regarding compliance issues for Extreme Raceway in Keenesburg will be held on September 28. We attended a hearing in June at which the Weld County Commissioners approved the zoning of Extreme Raceway under certain conditions. We believe that several of these conditions have not been met, and these, along with other points of concern, are listed below. 1. Hours of Operation Representatives of Extreme Raceway stated that racing would take place from 6 to 10 PM Thursdays through Saturdays with additional practice hours during the day Wednesdays through Sundays. However, racing on Friday nights typically ends no earlier than 11PM and an event took place on a Wednesday earlier this month which lasted past 8PM. 2. Noise Levels Representatives of Extreme Raceway stated that,based on results from their testing of noise levels, motorcycles could not be heard 1000 feet from the racetrack. We live approximately three- fourths of a mile from the track and can hear the motorcycles both inside and outside our home whenever the track is in operation. In addition, Lauren Hyde was speaking with Ron Rome of Keenesburg on the telephone one Friday night in August and could hear the noise from the track over the connection. A noise limit of 60-decibels within 25 feet of the racetrack was imposed by the Weld County Commissioners. We believe that this limit is exceeded whenever the track is in operation and urge the Weld County Health Department to enforce this condition. 3. Silencers Representative of Extreme Raceway stated the all motorcycles would be required to be equipped with silencers in order to reduce the noise. We do not believe that Extreme Raceway is enforcing this rule based on the noise we can hear from our home and because of the fact that such 2 a rule is not listed on the Rules and Regulations sign posted at the entrance of the track. 4. Loudspeakers Representatives of Extreme Raceway stated that loudspeakers would not be used to announce races and that other methods, such as cards or signs, would be used instead. This is simply not true. A loudspeaker system is used at Extreme Raceway, and this system can be heard from our home. 5 Capacity Limits The Weld County Commissioners imposed a condition that only 150 persons be on the premises of Extreme Raceway at any one time. We believe that the capacity limit is sometimes exceeded, particularly on Friday nights, and do not believe that the capacity limit is being enforced either by Extreme Raceway or by Weld County. 6. Sound Barrier Representatives of Extreme Raceway stated that they would plant "humongous"trees on the west side of the property to provide a sound bather. We have seen no evidence of Extreme Raceway carrying out this promise. 7. Calcium Chloride Representatives of Extreme Raceway stated that they would apply calcium chloride on Weld County Road 398 (also known as Weld County Road 18.5) to control dust levels from increased traffic flow. We have seen no evidence of Extreme Raceway carrying out this promise. 8. Residence A modular home with a cement patio has been installed on the premises of Extreme Raceway. The Weld County Commissioners stated that Extreme Raceway had to apply for another zoning request before adding a residence to the property. We believe that Extreme Raceway installed the residence without going through proper procedures because they installed the residence very soon after the hearing in June and we never saw a zoning request posted on their property. In addition, we do not believe they applied for any building permits to install the house or patio. 9. Family Event Representatives of Extreme Raceway stated that super motocross racing was a family event and that the track would cater to families. We understand, however, that Extreme Raceway is promoting itself as a professional track. Extreme Raceway has been building additions to the track, possibly for professional use, and we are concerned that they are doing so without any sort of building permits. 3 We encourage you to take these points into consideration during the compliance hearing for Extreme Raceway on September 28. If you have any questions or need further information, please call us at (303) 732-4257. Sincerely, Don A. Hyde Lauren R. Hyde Rome Farms Ron&Jeri Rome 7319 WCR 63 Keenesburg,CO 80643 September 27,1998 Weld County Planning&Zoning Dept % Sharon Frazer,Compliance Officer 1400 North 17th Avenue Greeley,CO 80631 Dear Ms. Frazer, The following letter is a complaint against the Extreme Raceway,Darren Weidenhamer and Kelly Walker,located in Keenesburg,Colorado. There are several zoning violations we have observed since the opening of the Extreme Raceway. First, the issue of Hours of Operation,number 16,as stipulated in the Site Specific Development Plan Special Review Permit USR#1181. This states that the hours of operation for the Extreme Raceway are as follows: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m. all days B) Racing hours 6:00 p.m. until 10:00 p.m. Wednesday through Friday The Development plan goes on to state: There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. Since the grand opening of this racetrack,racing hours on Friday nights have gone on well past 11:00 p.m. to Midnight We have contacted the Weld County Sheriff s department to complain several times for operating past the stipulated hours. The Weld County Sheriffs department has contacted the racetrack to investigate the complaints and was told by racetrack owners that they are permitted to race until Midnight If they were following the rules and regulations of hours of operation, they would know that racing is permitted only until 10:00 p.m.-another violation. It should Rome Farms 1 also be noted that, on early Sunday mornings,individuals have been practicing and racing motorcycles at 7:00 a.m. when the track should be closed. We feel that this is yet another flagrant violation and shows no respect for the rules set forth by the Planning Department,nor does it show any kind of respect towards the residents of this area. One should wonder if there is a violation of number 22 of the Development Standards for when we call to complain, the Sheriff's Office does not know where the raceway is located,nor do they know anything of its existing operation. Second, the issue of noise has been a constant problem since the opening of the raceway. We have contacted Sheble McConnellogue,from the Health Department,and she has come out several times to take readings on the noise level. The noise level can become unbearable at times. Mr. Weidenhamer stated at the certification meeting that racers are required to have silencers and mufflers installed on their motorcycles in order to race at this track. This obviously has not been followed. Mr. Weidenhamer further stated at the hearing certification meeting that the raceway would plant sod,flowers and large trees to buffer the noise. Again, this has not been done. Third, the lights located at the raceway can be seen from miles away and are very disturbing to residents living in the area. Fourth, the dust from the racing at the raceway is a continual problem. The raceway, depending upon which way the wind is blowing,will cause clouds of dust to travel 2 to 3 miles from the raceway. The other night, the road that runs adjacent to the raceway, due to racing and the traffic,was so dusty that you could not see clearly coming from the City of Keenesburg. One did not know whether itwas a fire or a tornado. The road was supposed to have been sprayed in accordance with number 21 of the Development Standards,in order to keep the dust level down. This has not been done-yet another violation. In addition to the dust litter along the road and adjacent fields have become an increasing problem. We also observed commercial fireworks being set off the second week of operation. A display of fireworks at a public site must have a permit is this correct? I'm sure, with the way the raceway seems to be managed that a permit was not obtained with regards to the fireworks. The chance of fire from fireworks in a rural area endangers lives and nearby crops. Once again, no respect is shown for the residents of the area. We do not appreciate calls from raceway members. J.D. Harmon called us on one such occasion,after we had called to complain to the Sheriffs Department the night before. Rome Farms 2 He was wondering what issues we had with the raceway,what they could do to change our minds,and offered to pay for a dinner. We wondered how the raceway track received our telephone number when we have an unlisted number and we know the Sheriffs office would not give out that kind of information. Sharon, this raceway was intended to be"used by children as a family-oriented sport" as staled by Mr. Weidenhamer at the hearing certification meeting, and is not supposed to be a raceway for professional motorcross riders(adults). Mr. Harmon mentioned that the raceway is expanding and adding other attractions in order to make it more appealing to professionals so that they may have professional competition. He also mentioned installing TV broadcasting booths at the raceway for these professional races. We believe the added broadcasting element would further increase the noise and dust in the area. Finally, Mr. Weidenhamer has now placed a house on the racetrack as a permanent structure. We know of no permit issued by the Planning Department to allow for this. As stated in the certification meeting by Mr. Ballstadt,Planning Department representative, the applicant would creed to have a Special Use Permit in order to build a house on the site. Since the expansion of the raceway, the volume of the Public Address system has increased. As stated in the minutes of the certification meeting, Mr. Weidenhamer said, "if the sound system would cause a violation of the permit they would post the races in order to avoid excessive noise." We believe that the Raceway's permit should be revoked as they have repeatedly violated specific rules and regulations set by the Planning Department as stipulated under number 27 of the Development Standards,which states: The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Is the raceway under the assumption that since they obtained a permit, they are allowed to change the rules specifically set forth by the Board of County Commissioners and Planning Department to suit their needs? If we, the farmers in this area,violated a permit of any kind,our operations would be shut down immediately by the Office of Planning and Zoning. Therefore,we ask you to consider our request to either have the racetrack firmly adhere in the rules and regulations set forth by your office,or be shut down. Rome Farms 3 Thank you for your time and effort in this matter. Sincerely, R e Farms Attachments: (1) Hearing Certification Docket No. 98-27 (2) Site Specific Development Plan,Special Review Permit, Development Standards Rome Farms 4 a f DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley,co 80631 Phone(970)353-6100, Ext.3540 WI D C Fax(970)352-6312 COLORADO September 9, 1998 Darren Weidenhamer Kelly T. Walker 7268 Osceola 11623 Logan Street Westminster, CO 80030 Northglenn, CO 80233 Subject: VI-9800140, USR-1181, ZCH-006 Notice is hereby given that on September 28, 1998, at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Sections 24.8.1 and 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioner's Hearing Room,Weld County Centennial Center,915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number ZCH-006, for compliance with the Conditions of Approval and the Development Standards of USR-1181, to determine if probable cause exists to hold a hearing on revocation of USR-1181. Inspections by representatives of the Weld County Planning Department have identified that you are not in compliance with the conditions of approval and development standards as follows, therefore the spirit of USR- 1181, has not been met. Conditions of Approval - 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that, should they be found with alcohol or under the influence of alcohol. they will be removed immediately from the premises. 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. VI-9800140, USR-1181,ZCH-1181 Darren Weidenhamer/Kelly Walker Page 2 B. A dust abatement plan shall be submitted'to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate located and species of all plant materials, planting implementation schedule and landscape maintenance plan, The plat shall be amended to include the approved landscaping plan. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run-off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. F. The applicant shall submit a security plan to the Weld County Sheriffs Office for review and approval. The applicant shall submit evidence of Sheriffs Office approval to the Department of Planning Services prior to recording the plat. 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Development Standards- 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, C.R.S.,as amended. Mufflers and silencers shall be required on all motorcycles using the property. 8. Adequate toilet facilities shall be provided for patrons of the facility. 10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems (described above) shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a-potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on- site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed, they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. VI-9800140, ZCH-1181, USR-1181 Darren Weidenharner/Kelly Walker Page 3 O) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m., all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours B) Racing hours: 6:00 p.m., until 10:00 p.m.,Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards_ Noncompliance with any of the foregoing Development Standards may be reason for revocation of the permit by the Board of County Commissioners. If it is determined at the public hearing that there is probable cause that you are not in compliance with the development standards and conditions of approval,the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please give me a call at the above telephone number and we can discuss this matter further. Sincerely, ii) S C at e)in_ki CI-C. ai---- haryn Fr zer, ACED Scott Ballstadt Zoning Compliance Officer Current Planner II pc: VI-9800140, ZCH-006, USR-1181 ! P 186 977 316 P 186 977 315 Receipt for Receipt for Certified Mail t- Certified Mail No Insurance Coverage Provided No Insurance Coverage Provided Do not use for International Mail r_ ��..><...� Do not use for International Mail (See Reverse) �� (See Reverse; :.1 1 oaay. $ 3 c_ II I'e..lf p $ 1014. 1•nv:Ip. $ 0 C HIS,mar.of CI It O Pr IIId k e' tilt co M el E E O u a & o. WELD COUNTY DRTMENT OF PLANNING SERVICES/BRING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970)352-6312 X TELEPHONE '. '0 FFICE FIIRST INQUIRY? U YES❑NO DATE:q/2'19 NAME: 1)r`^ ��P (L(LU� W'kAr I)&HRMI:YL PHONE:303 H 2-1P -41(ace ADDRESS: TYPE OF INQUIRY: ❑ MHZP O SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN O MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING ❑ SE Li FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW %USR ❑ HOME OCCUPATION ❑ REZONING El AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING O OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ GI PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ Shani Eastin ❑ Gloria Dunn ❑ Todd Hodges ❑Julie Chester `%. Scott Ballstadt ❑ Kern Keithley ❑ Ed Stoner ❑ Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley ❑ Moonica Daniels-Mika s- Li ,� ITEMS DISCUSSED: LA (2-- I t&I ��< zclO+-- `I -Ctr\hq a 4t•1424 4S - -CO OActa) 0 — l--,LAC-1 INS() OIV Da dNY5 Vote " MAIL,, d '�bL�1 l-(1M P ePo-eve0 Ro x(2 s 0- cCceri Ce 3 — I &1 .1O-1 S uK-P?o s -Th Zr ct i\k INN It t, 'QM -&-Rb CO 00.4114-1 ,a A LS ° la al) GLtO L f tt&4S FL>a, F P Ttkk 1 Ptj')- Time Spent 1 ° MA N Staff Member's Initials N , citizen MEMORANDUM TO: Scott Ballstadt DATE: Aug. 31, 1998 FROM: Sheble McConnellogue SUBJECT: Weidenhamer USR-1181 On August 3, 1998 I received a complaint from Duke Wellington at 30075 WCR 18 stating the noise of the motorcycles were too loud. On August 5, 1998 I received a complaint from Jeri and Ron Rome at 7319 WCR 63 that the noise was too loud. On Friday August 7, 19981 conducted a noise study and found the levels up to 64 dbs. Our instrument needed to be calibrated so we will conduct the study again to verify these readings. On August 14, 1998 at 10:45 p.m. I received another complaint from Duke Wellington stating the motorcycles were still racing and he wanted them closed down. Lastly,on August 21, 1998 Jeri Rome called stating the noise was terrible. On August 28, 1998 I received a call back from Darren saying they are opened at 10 a.m. Sunday and to "come on out". On August 31, 1998 I went to do another noise study but when I got there at 10:15a.m., no motorcycles were there. There was an employee there in the modular home but no racers. We now have a calibrated loaner so our department will continue to conduct noise studies. WELD COUNTY DrRTMENT OF PLANNING SERVICES/BUriNG INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970)353-6100 EXT. 3540 FAX: (970)352-6312 , Q 7H TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES 0 NO DATE: 8 ID NE 9 v NAME: �cJP419- J \,1•1 PHONE:96-3 I q 4o(/ p5 ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING ❑ SE ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS LI SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ hani Eastin ❑ Gloria Dunn ❑ Todd Hodges ❑Julie Chester colt Ballstadt ❑ Kerri Keithley ❑ Ed Stoner LI Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley ❑ //Monica Daniels-Mika LIt/�,ITEMS DISCUSSED: - a c L6F-r M5G (0I W/ I/orcc htA IL G 1 l/v U CY.9M LJL•,{1/J l s fl t"lgt'r ivi DcP1 AT /»( S O . ei-i r /≤ DAt cfl[L eu/ou i SLAG &32F r'J ft-Al y-1- ISsit 1 arnDd , SirB - tat 5 & 0/srca i lro ,4Pftq r. A (MG P&n,nfrj — ()ye- c�4iA (,A sic Pt-141 pi bli e 4C It h/tLL 4GT !J.) Foal Time Spent 5 M d Staff Members Initials Cie citizen PERM I T PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 09/09/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Line Insp. Date Text 1 09/09/98 I CONDUCTED A SITE INSPECTION OF THE PROPERTY. EXTERIOR 2 09/09/98 LIGHTING HAS BEEN MOVED IN AND A MANUFACTURED HOME HAS 3 09/09/98 BEEN PLACED ON THE PROPERTY WITHOUT THE APPROPRIATE 4 09/09/98 PERMITS. THE PLAT HAS NOT BEEN RECORDED AND THEY ARE 5 09/09/98 OPERATING. NOISE COMPLAINTS ARE BEING HANDLED BY THE 6 09/09/98 W COUNTY ....,...HwnnnEAL7ll\D�EP�ARTMESIT,7 09/09/98 "° � ✓JJ�"I"►� 8 09/09/98 ARYN FRA R, ACEO 9 09/09/98 ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, 1=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. KELLY T. 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'444k :�� ;.. ,, �,,,:•••••,.,:4,•,-;::4,,,z 24 Keyword: AACT User: SFRAZER 09/08/98 Activity Full Description Maintenance Violation Permit No: VI-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Full work Description Description: Page No: 1 NONCOMPLIANCE WITH CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS OF USR-1181. NOISE LEVELS, MN W/0 APPROPRIATE PERMITS, ELEC WORK DONE W/O APPROPRIATE PERMITS, PLAT NOT RECORDED, OPERATING HOURS F2=Next Page, F3=1ST Page, F4=Prev Page, F7sUpdate, ESC=Exit Desc Maint PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 09/08/98 Activity Table Processing Violation 'emit No: VI.9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Type: VIO Vers: 9601 Screen: 01 Base Information 24 Keyword: AACT User: SFRAZER 09/08/98 Activity Full Description Maintenance Violation Permit No: V1-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19.2-63 Full Work Description Description: Page No: 1 PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 09/08/98 Parcel General Information Maintenance ineral Parcel Data Maint - Action: Update Record Parcel No: 1303 19 000009 Rg Ts Sec : 630219 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: Legal Desc: 7235-A PT SW4 19 2 63 LYING NW OF HWY ROW DESC Acres: 40.27 X-COORD: Y-COORD: Tax Rate Area: 0317 Assr Use Code: 0151892 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: WALKER KELLY T Phone: Mailing Addr: 11623 LOGAN ST NORTHGLENN CO Zip: 80233 Contract Owner: Percent/Ownership: .00 FT¢Write Record, .F2tAllow Fractions, ESC*Cancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 09/08/98 er Defined Data Fields for Parcel No: 1303 19 000009 Parcel No: 1303 19 000009 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No 130319000004 Book No. 1490 Reception No. 02436842 Document Type Warranty Deed Ownership Type Recording Date 05/03/1995 May 03, 1995 Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year t 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7tUpdate, ESOCCancel 76:tThrIlilliHS DEPARTMENT OF PLANNING SERVICES • D�• COMPLAINT REPORT COLORADO 4,0NING COMPLAINT • Complaint Initiated by: WtUILDING CODE COMPLAINT a Staff a Citizen a Other LEGAL DESCRIPTION: . PT .S-U/ 4/ /9-2 67 3 VIOLATION ADDRESS: Al 0.t/f= f AIC'4-/1/C-30 Parcel# /3v / 9 d 000 0 t ATTACH COPY OF DEED Property Owner's Name: /1/mo ELl `f /[ e.Ai /iCE2 Phone# Property Owners Address: Tenant's Name and Mailing Address: NATURE OF COMPLAINT: /77451/1//cfre nr2E2 hiLA7.5" Sithcr u4 /9-J otFte . „eLCcrEuu ,S,e m!A-/LGl Lit T[NCr . 6-712.4 rs ) (23 - / `iAua` - eCti 7 its . brYack Zoning Complaint Referred To: S:/F227A/ /S T?I v/E - Date: s/ol/4d2 Building Code Complaint Referred To: /3&12'21 .Ot9 3 N Date: 9/d/h, Case Assigned To: Date: ACTION OF INVESTIGATOR: Date of Inspection: Inspection of property indicates: a No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on o No violation of the Weld County a Zoning / a Building Code Ordinance o Violations of the following Sections of the a Zoning o Building Code Ordinance ACTION ON COMPLAINT: a No Action Taken/No Violation o Violation File Started Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. HEARING CERTIFICATION DOCKET NO. 98-60 RE: ACTION OF THE BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#1181- DARREN WEIDENHAMERIKELLY WALKER A public hearing was conducted on October 28, 1998, at 10:00 a.m., with the following present: Commissioner Constance L. Harbert, Chair Commissioner W. H. Webster, Pro-Tern Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Esther Gesick Assistant County Attorney, Lee Morrison Planning Department representative, Scott Ballstadt Health Department representative, Sheble McConnellogue Public Works representative, Don Carroll The following business was transacted: . I hereby certify that pursuant to a notice dated October 28, 1998, a public hearing was conducted to consider revocation of Special Review Permit#1181, issued to Darren Weidenhamer and Kelly Walker for a Recreational Facility(supercross motorcycle racing track) in the A (Agricultural) Zone District. Cyndy Giauque,Assistant County Attorney, made this a matter of record. Scott Ballstadt, Department of Planning Services representative, stated the applicant is present and has a memorandum from the Health Department approving the Dust Abatement Plan with the exception of controlling dust on Weld County Road 398, and added the plat will be ready to record once the Development Standards are added. Mr. Ballstadt recommended granting the applicant an additional week to complete all of the requirements. In response to Chair Harbert, Mr. Ballstadt stated Development Standard #21 requires the applicant apply calcium chloride or other approved compound at the entrance of the site at the beginning of the race season and again near the middle of the season. Commissioner Kirkmeyer commented there are nine items which the applicant must comply with. Mr. Ballstadt stated the applicant has applied for a septic permit and submitted a Landscaping Plan, Dust Abatement Plan, Buffering/Noise Mitigation Plan, and Drainage Plan, all of which have been approved and need to be placed on the plat. In response to Chair Harbert and Commissioner Kirkmeyer, Mr. Ballstadt stated the applicant has applied for a building permit for the mobile home; however, the structure has been on the property for several months. Commissioner Kirkmeyer commented building and electrical permits should not be issued until the plat is recorded. Sharyn Frazer, Department of Planning Services representative,explained the applicant has applied for permits; however, they have not been issued because the plat is not recorded. Responding to Chair Harbert, Sheble McConnellogue, Health Department representative, stated the mobile home does not have plumbing or septic services, but there is an electric generator and the applicant has applied for a septic permit. Darren Weidenhamer, applicant, explained when he purchased the mobile home, he understood the seller would obtain the necessary permits; however, he has since learned it is his responsibility. He added there is a generator and he did rent Port-o-Pottys which were cleaned weekly. In PL, 982092 GC f L, Ciq PL1250 HEARING CERTIFICATION -WEIDENHAMER/WALKER (USR#1181) PAGE 2 response to Chair Harbert and Commissioner Baxter, Mr. Weidenhamer stated the mobile home is not being lived in, and eleven races were conducted. He explained the employees which were to submit the various plans for approval have since quit and he has been working the last week to turn everything in to the correct departments for review. Chair Harbert commented he indicated he understood the various Conditions of Approval and Development Standards, and as the person in charge, he should have been communicating with his employees to make sure the work was being completed. Responding to Commissioner Baxter, Mr. Weidenhamer stated he faxed a copy of the Security Plan to the Sheriff's Office and is waiting for a response. Commissioner Kirkmeyer commented the Special Review Permit was approved with good faith that the requirements would be met prior to conducting races; however, the applicant did not comply with the conditions, the neighbors have filed complaints, and Mr.Weidenhamer did not attend the Probable Cause Hearing. In response to Chair Harbert, Mr. Weidenhamer explained a deputy did come to the race on August 21, 1998, after 10:00 p.m.; however, there was confusion as to when the racing should end. He added there was a second incident when the deputy arrived at 9:45 p.m. and the racing have already stopped and he has remained in compliance since the first incident. Don Hyde, surrounding property owner, stated the racing facility has had a negative impact on the community. He stated the applicant has not planted trees to block the noise and dust and the racing can be heard from inside his house. Mr. Hyde stated the applicant indicated loud speakers would not be used,the dust would be treated, and they would not operate past 10:00 p.m.; however, none of these conditions have been followed. Mr. Hyde requested the Board revoke the permit and help protect his property rights and quality of life. In response to Commissioner Baxter, Mr. Hyde clarified the racing was conducted past 10:00 p.m. on various occasions. Ron Rome, surrounding property owner, agreed with statements made by Mr. Hyde and stated the applicants have failed to comply with the Conditions of Approval and Development Standards set by the Board on various occasions and requested the permit be revoked. Duke Wellington, surrounding property owner, agreed with the statements made by the previous speakers and stated he has called the Sheriff's Office four times to report noise from the race track after 10:15. Mr. Wellington stated his property is separated from the track by fifteen-foot high railroad tracks which is not sufficient to block the noise and dust which comes from the site. In response to Commissioner Baxter, Mr. Wellington clarified he called and complained about the noise and it measured 40 db(A) at his home; however, the level of noise varies depending on the direction of the wind. He further stated there were fireworks shot off at the first race which was dangerous with a wheat field nearby and the Keenesburg Fire Protection District was not notified of the fireworks display, nor was a permit obtained. Mr. Weidenhamer stated fireworks were launched the first night, but it was only for a minute and the Rocky Mountain Fire Rescue was present. In response to Chair Harbert, Mr. Weidenhamer stated he was not aware that it is illegal to shoot fireworks without a permit and reiterated that it was only for a few seconds. He added the track was muddy and there was no immediate danger of a fire. Responding to Commissioner Baxter, Ms. McConnellogue stated she received a Dust Abatement Plan, included in Exhibit C, approximately three days ago, and she read it for the record. In response to Commissioner Webster, Mr. Weidenhamer explained motorcross racing involves all ages and the kids that are involved often have sponsors. Responding to Commissioner Baxter, Mr. Weidenhamer stated a Health Department representative came to the site on several occasions to measure the level of noise and they were in compliance with the 60 db(A). Ms. McConnellogue 982092 PL1250 HEARING CERTIFICATION - WEIDENHAMER/WALKER (USR#1181) PAGE 3 added at the time she measured the decibel level, her equipment was not calibrated. Since that time, the equipment has been fixed; however, she will not be able to measure the noise level until the next racing season. Responding to Commissioner Hall, Ms. McConnellogue stated Development Standard #10 addressed the sewage disposal facilities. Commissioner Kirkmeyer added the Board did provide that the applicant could use Port-O-Pottys for special events when the septic system was not adequate. In response to Commissioner Baxter, Mr. Ballstadt submitted the picture of the Port-O-Pottys, marked Exhibit A. Ms. McConnellogue added the applicant did submit a request for a septic permit several days ago by fax. Responding to Commissioner Kirkmeyer, Ms. McConnellogue read a memorandum from staff regarding the dust control at the track and along the road to be added to the dust control plan. Commissioner Kirkmeyer stated the Board approves Special Review Permits with Conditions of Approval and Development Standards as a means of mitigating negative impacts on the surrounding area; however,the applicant has not shown evidence that he has come into compliance with Conditions of Approval#1, #2.A, #2.F, #3 or Development Standards#8, #10, #16, #20, and #27 and she moved to revoke Site Specific Development Plan and Special Review Permit#1181 for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District. The motion was seconded by Commissioner Hall, and it carried unanimously. Chair Harbert directed staff to ensure no further activity takes place at the site. This Certification was approved on the 2nd day of November, 1998. iiitil APPROVED: ATTEST: > BOARD OF COUNTY COMMISSIONERS J) \ WELD COUNTY, COLORADO Weld County Clerk tot „i.; i _ I c i .\ ;NIA y:. _� Constance L. a ert, Chair Deputy Clerk to the 1BY: u„-..& ' 1 \ ' / I �( �� ' W. H Webster, Pro-Tem TAPE #98-29 and#98-30 r • / a eorg6E. Baxter DOCKET#98-60 • Dal K. Hall arbara J. Kirkmeyer 982092 PL1250 \ I, EXHIBIT INVENTORY CONTROL SHEET Case Wino, (attar... - USXLLL - C% 'Aan iald¢aAv ' Exhibit Submitted By EKhibit Description A. it.t'ltlea.i At; rt : Preiet+(l(aL� 'I B. , �,E 'vnneF �oL. -NC /� LL 6, A��a " r-- C. !N� utid �7y D.E. F. G. H. J. K. L. M. N. O. P. 0. R. S. T. U. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF OCTOBER, 1998: Doc €T3#? - 4,O- lyieJ2EAl uOtricEur,4inEK/KetcY t,.IAttEK DOCKET#98-59 -CAMAS COLORADO, INC. PLEASE legibly write or print your name and complete address and the DOCKET # (as listed above) or the name of the applicant of the hearing you are attending. NAME AND ADDRESS (Please include City and Zip Code) DOCKET#OF HEARING ATTENDING Uri.`- XL 73/7 Id CR 0 j /lfn,ies•zouey`, Co ?5 -- �i,�c%eee 0 ' 9st74-'C41&%' efrire9. / 10 �6y3 v��/ � z ,.. 9a7r dicAr i5— ', rat3 44/I__ laLa -rage. 6Szari kjMn7M,.o:'A'. ,:<o Fetus -RE-7,.. u.. 'PO �Q 5-, N c0 fc o I u> Ci 7J0 ,n,vnn.t \iLl.c i 12c c - cKE? Ft R .7605"--So .Tic-a-6n-CT. LA K -s—ate,(0 6Gz3C)CAMAgCoco Xi dot.; �� /3/ 4/ 3S91venaN Cn /e ,� /�(l 4a63 % C3oa)tnc-i3 t RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#1181 -DARREN WEIDENHAMER AND KELLY WALKER WHEREAS,the Board of County Commissioners of Weld County,Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,on the 28th day of September, 1998, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Darren Weidenhamer and Kelly Walker, 7268 Osceola,Westminster, Colorado 80030, are in compliance with certain Conditions of Approval and Development Standards contained in Special Review Permit#1181 for a Recreational Facility(supercross motorcycle racing track) in the A(Agricultural)Zone District, and WHEREAS,the alleged violations were said to be occurring on property described as part of the SW%of Section 19, Township 2 North, Range 63 West of the 6th P.M.,Weld County, Colorado,and WHEREAS,after hearing testimony from the Planning Department,the Board finds that pursuant to the procedure as set forth in the Weld County Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Special Review Permit should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and WHEREAS,the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado, that a Show Cause Hearing be scheduled to determine whether or not Special Review Permit#1181 issued to Darren Weidenhamer and Kelly Walker, should be revoked. BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall be October 28, 1998, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County Centennial Center,915 10th Street, Greeley,Colorado. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Conditions of Approval and Development Standards: 1. Condition of Approval#1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Condition of Approval#2. Prior to recording the plat: 981824 Cc. I�, C�, ith,denhamei� / %/key PL1250 SET SHOW CAUSE-USR#1181, DARREN WEIDENHAMER AND KELLY WALKER PAGE 2 A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that,should they be found with alcohol or under the influence of alcohol,they will be removed immediately from the premises. 2) The bathroom structures,to be located near the snack bar and stands,shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. B. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run-off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. F. The applicant shall submit a security plan to the Weld County Sheriff's Office for review and approval. The applicant shall submit evidence of Sheriffs Office approval to the Department of Planning Services prior to recording the plat. 3. Condition of Approval #3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 981824 PL1250 SET SHOW CAUSE-USR#1181, DARREN WEIDENHAMER AND KELLY WALKER PAGE 3 4, Development Standard#7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25- 12-102, C.R.S., as amended. Mufflers and silencers shall be required on all motorcycles using the property. 5. Development Standard#8. Adequate toilet facilities shall be provided for patrons of the facility. 6. Development Standard#10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems(described above)shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a-potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on-site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one(1)port- a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed,they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor,flies,etc. The vaults shall be pumped by a licensed septic tank cleaner. D) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site,those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 7. Development Standard#16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m. all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours. B) Racing hours: 6:00 p.m. until 10:00 p.m. Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. 981824 PL1250 SET SHOW CAUSE-USR#1181, DARREN WEIDENHAMER AND KELLY WALKER PAGE 4 There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. 8. Development Standard#20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. Development Standard#27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. The above and foregoing Resolution was,on motion duly made and seconded, adopted by the following vote on the 28th day of September,A.D., 1998. BOARD OF COUNTY COMMISSIONERS WE¢D COUNTY, COLORADO /• / 7 ATTEST: Constance L. Harbert'Chair Weld County Clen, o 1 / j ,UO/ Nebb rar "4N,,ry ' ( J / • 'ti{�y __ _ 't�i W. H.Webster, Pro-Tem BY: Deputy Clerk R '< Geor a E. Ba er APP D AS RM: Dale K. Hall my Aft rney ti Barbara J. Kirkmeyer 981824 PL1250 EXHIBIT 7r • - Vs2• 7 THl / r • • - J. "47; p fj'fl.' ."4kw7 r N , r1+7.,rfj4 'aHc mill.✓ , ''k4 . '! http://moi I.aol.com/37267-Ill/ooI-6/envs/moiVget-ottachmerit.wpx?uid=317486636foldenNewMoil&.. 12/14/2012 f 4 mks. .:� 3% • Y " r • 1' • , f �, r V { m 'a = !t . Ij 1, U 'r 5. i qq I I C. Y i Imo_ _ _ : 1,. 1 S� t ii • 14, • • • • .,.- .'. \ a •.: _ ._ . J '; N r O N ti r ';' • III r 1 ' . _ i � w X f ti ,{ rc — J 1 � . 1. �C ,,. ,i:.* , .F, --- tr 'IM "i -.. l , - oc ti r f r _ . acceptable regarding disturbing background noise. If necessary, corrections because of back ground noise have been applied. Table I:Sound power levels per motor-bike for different classes(average values), based on measured maximal sound levels near the course respectively on equivalent sound levels at greater distance. Class Lam,in dB(A),based on pass by measurements Lw in dB(A)at>1.5 x d Course Course Course Course Course Course Q ii C A B C Pos. l I Pos.2 Pos. l Pos.2 50cc2s 118.1 117.1 110.6 65 cc 2s 118.5 118.8 118.2 121.7 113.1 117.1 85 cc 2s 124.0 126.2 124.4 126.3 117.5 117.8 250 cc 2s 125.3 124.0 125.2 132.9 127.9 120.7 118.5 120.1 450 cc 4s 127.0 127.9 127.6 133.7 132,5 Veterans 2s 125.8 125.1 125.1 124.7 121.0 120.5 Veterans 4s 129.3 129.0 127.4 132.7 125 cc 2s 125.7 125.9 127.1 133.1 130.9 120.5 119.3 118.9 250 cc 4s 125.2 133.6 125.9 135.9 130.1 Juniors 65+85cc 2s 121.0 115.2 Juniors 85+125cc 2s 126.4 120.9 40'class 500cc 2s 125.1 119.9 40iclass 625 cc 4s 127.5 Superclass 2s 127.5 122.3 Superclass 4s 130.3 "Enduro"class 2s 127.2 116.7 "Enduro"class 4s 128.1 Suzuki 125 cc 2s 125.4 125.9 • _ 117.9 Suzuki 250 cc 4s 131.6 130.9 The following should be noted. Position 1 at course A relates to a part of the course where motor-bikes pass by at relatively high speed; at position 2 motor-bikes accelerate after a curve. In many races various classes of motor-bikes take part simultaneously. The sound power level of the total course relates to that specific combination. The so called"Enduro class" relates to motor-bikes which have a special silencer and are for that reason allowed on public roads. EX I4•' ' Y A. 2. • . w 1 . T .rte 1i. • ..- .i • I /r , --left T ,,may$ C ? G 81 earth feet i000 A meters '700 g EXHIBIT § I ' us It. I2•cos-1 12/17/2 Outlook Print Message EXHIBIT (No Subject) AA Denelle West (dwestknsbrg@yahoo.com) This sender is in your cttl,cl list. Sun 12/16/12 9:26 PM Vern West(vjwest57@hotmaiLcom); Vern West(VWest@CityofWestminster.us) I am Vern West. My wife Denelle and I built our home at 9745 WCR 57 10 years ago. For the last 21 years I have made my living as an EMT Firefighter for the City of Westminster. As a firefighter EMT I am naturally concerned with quality of live, health, safety and welfare issues both on this proposed motocross track and across property lines. At first glance this proposal presented itself as a multiuse recreational park for families and individuals to include horse back riding, walking and motocross racing. The questionnaire goes on to state motocross track I and motocross track 2 both of which were existing on this site prior to the time application. There is not another mention of horseback riding or walking trails any place in the Site Development Plan, Special Review Questionnaire or Site Specific Development Plan. There is no mention of how they plan to marry the 3 very incompatible events onto 29.5 acres. Will there be walkers, horseback riders and motocross racers on the tracks at the same time? People and horses will surely be injured, they are not compatible. Would the walkers have priority on the trails? If there were no walkers would the horseback riders be next? And if nobody was walking or horseback riding would they then let the motocross racers in? I just cannot see how it could work. Somebody is going to get hurt. At different places in the application they talk about keeping their Ag Status wanting to be considered commercial for allowable decibel levels and staring a business charging people to race motorcycles and opening a retail sales business. Again I do not understand. How can they be all of this at one time. In the application they attempted to make a distinction between the safety health and welfare services they intend to provide on special events compared to services provided on a daily basis. But why? https://snt002.mail.liv e.corn/mail/Print Messages.as px?cpids=ef 96dab6-4801-11 e2-9df c-00237de4a1 b0,... 1/i 12/17/12 Outlook Print Message In the Site Development Plan they state that there will be no more than 20 motorcycles on a track at any one time. x 2 tracks that is 40 motorcycles racing around the blow sand tracks at one time regardless of whether it is a practice day 7 days a week 10 AM to Dusk 6 months a year a maximum of 50 motocross racers per day. Or a special event they had 240 racers last March/April but still only 40 racers on the tracks at one time is basically the same thing. -L..4 P (c. L ate, (y _ I think that we can all agree that having up to 50 more people a day and up to a 1000 on special event significantly increases our chances of having a fire started and that given the inherent danger of motocross racing fire and ambulance services will be needed. I had a conversation with Thomas Beech the Fire Chief in Keenesburg and he agreed that this business venture should have 2 improved roads for access and egress of this many people for when the inevitable emergency happens and he needs to access this race track with his fire trucks and ambulances for removing people to safety or the hospital as the case may be. By an improved road he means grad, graveled and compacted. Accessing all points on the property just as construction projects and drilling rigs are required to do and the International Fire Code demands. The American Motorcycle Assoc. the governing body that the application states sponsorship will be sought after requires that a certified ambulance and crew should be on site during races and practices. Given the inherent danger of motocross racing I think it should be an advanced life support ambulance with at least one paramedic and 1 EMT available at all time as well as the emergency personnel required by Weld County for each 350 people assembled. Not just a couple of EMT's that are participating in the race as they had in there 1 time special event last March/April. Pena. The planning board voted to have the property fenced. The applicant stated that there was already a fence on 1 side but I do not think the board members would consider fence posts at about 30 foot intervals with 1 strand of barbed wire used as a hot wire to keep cattle in the adjoined property would be an adequate fence. For one I would hate to be the EMT caring for the child that accidentally ran his race bike into the barbed wire fence. It could disfigure or kill a child. At the very least multiple stitches would be required. This could easily be prevented by installing a good quality 5 or 6 foot chain link fence. If properly installed it would keep the racers and their trash on the property and unwelcome people and pets off We have had problems since the track was built with people on motocross bikes wearing motocross costumes riding on county roads, neighboring farms, hay fields and private https://snt002.mail.liv e.com/mail/PnntMessages.aspx7cpidseef 96dab6-4801-11 e2-9df c-00237de4a1 b0,... 2/ 12/17/12 Outlook Print Message property. This was never a problem in the past. C),,, The EPA, Colorado Dept of Health and Weld County Dept of Health and Environment are all responsible for monitoring and enforcing Fugitive Particulate Emissions Laws. Dust. Fugitive Particulate Emissions is defined as the man made generation of particulate matter such as construction projects, aggregate mining and motocross tracks etc. to the extent that some of the material escapes beyond the boundary or property line. Weld County also governs dust through the issuance of a grading permit. By doing so they require the applicant to follow state and county requirements minimizing potential off site damages during construction. The purpose is to protect the health safety and welfare of the public. Blowing dust is damaging to crops and pasture land. It is harmful to the health and welfare of people and livestock causing respiratory distress including coughing and difficulty breathing. Increased severity of bronchitis, asthma and emphysema. Heart attacks and heart disease causing premature death in individuals with existing lung or heart disease. It is most harmful to the young and old. The smaller the dust particle the deeper into the lungs it will be ingested and the more damage it will cause. Even though they moved over an acre of dirt building their race tracks the applicants did not apply for a grading permit and so were not made to follow the laws of the Federal, State and County as they pertain to dust mitigation. In the application they stated that a water truck will be used to control dust on the track and surrounding property. However even though they have been using these race tracks for over a year I have only seen a water truck on the property the 1 weekend of the special 1 time use permit race last March/April. This only accounts for special event races, again, with up to 50 motocross bikes a day 7 days a week 10 am til dusk. Dust will blow with the wind and be kicked up by the 50 motocross bikes everyday. I can envision several watering's everyday just like they during their races. Still this does not account for the other 6 months out of the year when the track is not operating"for the night time hours when the wind is blowing and they are unable to water. https:/Is nt002.mail.liv e.com/mail/PrintMessages.asp*'cpids=e196dab64801-11e2-9dtc-00237de4a1 b0, .. 3/ , 12/17/12 Outlook Print Message Water is a temporary solution to a permanent problem now that the vegetation has been destroyed. Possiblq,if they were to spray magnesium chloride on the track and surrounding area 2 to 5 times a year like Public Works does to control their dust. The application stated that straw bales like the oil wells use may work. The oil companies use 4 ft x 4 ft x 8 ft bales stacked 3 bales high. If the applicants were to do this on the North, South and East sides of the property, use certified hay or straw so as not to spread weeds onto surrounding properties and keep them maintained as they rot 365 days per year. I believe they can control their dust problem. When asked about daily dust control by the Planning Board the applicants said there is some vegetation, that will help that. I think we can all agree that this would not be adequate. N,t>c Another important topic pertaining to Public Health Safety and Welfare is Noise Pollution. In the past there have been 2 motocross tracks approved near Keenesburg. Both of these were soon shut down for violations. Foremost of which were noise violations. Noise Pollution is regulated by the Federal Government, by the EPA, through the State by the Colo. Dept. of Health and by Weld County by the Dept. of Public Health and Environment. The reason that all of these government agencies have adopted laws governing noise restriction is because noise is detrimental to our health and welfare. In the case of this motocross track we will not simply be bombarded by a passing noise such as a semi-truck, car stereo, train or jet plane. It will not even be like the noise you might expect from a college student party next door. Although these are harmful, stressful and illegal they are nothing like having to withstand the extreme decibel levels emitted from motocross motorcycles 7 days a week 10 AM until dark, 6 months a year as this proposal will force upon us. Noise causes a serious threat to our personal liabilities, the enjoyment of which is essential to the quality of life and liberties we are all entitled. Noise pollution is harmful to humans and animals in many ways. For humans noise over 85 decibels can cause acoustic trauma to the eardrum while sustained sounds at lower db can damage the middle ear. https://snt002.mail.live.com/mail/PrintMessages.aspx?cpids=ef96dab6-4801-11e2-9dfc-00237de4a1b0,... 4 12/17112 Outlook Print Message Noise caused physiological as well as psychological problems. The common denominator for the adverse effects of noise is stress. It has been linked to several types of cancer, hypertension leading to heart disease and mental illness. Numerous studies have documented high blood pressure, anger, frustration, lower resistance to disease and infection, circulatory problems, ulcers, asthma, head aches, gastro-intestinal disorders and many others have been directly linked to noise. In addition children have been shown to suffer from slower language development and disruption of learning as a result of noise. Noise can harm animals both wild and domesticated livestock. Noise can disrupt their feeding and breeding habits. It may look to us like they are getting use to the noise but they can no more do that then we can. The Weld County Environmental Health Dept. requested a noise plan be attained by a certified acoustical engineer. The applicants said they would talk to an engineer and maybe put up some hay bales but never agreed to bring the db levels down to acceptable levels. The applicant at the planning hearing would not commit to even making riders use mufflers. They only said they could try. Phillip Brewer of the Weld County Dept of Public Health and Environment took db readings from a new Honda 450 motocross bike with a stock muffler. It registered 94 db at 1/2 throttle from 4 feet away. According to the Weld Cty Dept of Public Health and Environment if one 1 new motocross bike with a stock muffler were to generate 90 db at 50 ft. from the track 2 bikes would =93 db 4 96 db 8 99 db 16 102 db 32 108 db 64 111 db If this were an older bike or a bike that the exhaust had been altered and generating 120 dbat50ft 2 bikes would = 123 db 8 129 db 32 138 db 64 141 db https://snt002.mail.liv e.com/mail/PnntMessages.aspx?cpids=ef 96dab6-4801-11 e2-9df c-00237de4a1 b0.... 5 I 2Y17112 Outlook Print Message Weld County Dept of Public Health and Environment went on to explain that doubling the distance decreases the db levels by 6. Twice as far away, 100 ft would decrease 6 db 200 ft 12 db 400 ft 18 db 800 ft 24 db 1600 ft 30 db 3200 ft 36 db So, assuming that we have 40 motocross racers with an even mix of new unmodified and older bikes or bikes with modified exhaust we would be hearing conservatively 103 lb on my property which is 48 db higher than the 55 db allowed. We have not even discussed the public address system which they have to increase the volume of to a level which can be heard over the motorcycles in order the announce the races. I think you will all agree that if based on nothing beyond our health, safety and welfare a motocross track does not belong in our neighborhood. https://snt002.mail.liv e.com/mail/PrintMessages.aspx?cpids=ef 96dab6-4801-11 e2-9dt c-00237de4a1 b0,... 6, Colorado Noise Statute 25-12-103 Page 1 of 3 Colorado Noise Statute (1) Every activity to which this article is applicable shall be conducted in a manner so that any produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such is a public nuisance: 7 : 00 a.m. to 7 : 00 p.m. to Zone next 7 : 00 p.m. next 7 : 00 a.m. Residential 55 db (A) 50 db (A) Commercial 60 db (A) 55 db (A) Light industrial 70 db (A) 65 db (A) Industrial 80 db (A) 75 db (A) (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill shall be considered a public nuisance when such are at a sound level of five db(A) less than those listed in subsection (1) of this section. (4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to control. (5) Construction projects shall be subject to the maximum permissible levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reasonable period of http://www.nonoise.org/lawlib/states/colorado/colorado.htm 12/11/2012 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. Motion: Approve the November 6, 2012 Weld County Planning Commission minutes, Moved by Joyce Smock, Seconded by Benjamin Hansford. Motion passed unanimously. 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. 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. Wth 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 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. 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 -Cr.;‘ 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. s Ms. Light stated that Weld County adopted a Noise Ordinance in 2008. She read excerpts from the Noise Ls`' 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 teals according to that and S 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 r to ensure that they do it right. Mr. Law said that they are willing to address the noise issues and talk to an rf 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 2 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 w covered if someone chose to come out and ride. r u Commissioner Hanford 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 2 riders to install mufflers. 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 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 2 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. 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. 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. 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. 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 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. Christine Cud,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 3 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. 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. 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. 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. Bonnie McIntosh, 8335 CR 55, stated that the irrigation water comes after the 1" 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. 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. 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 theywwtd'hwetmMrrprovementsAgreementwithihe applicants using the standard triggers of dust control which is asaafy 2'to 5 times per year applying 4 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 Lbxoy 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. 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. 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 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, ((�� Digitally signed by Kristine Ranslem 11^,, 'f )1/ryt7i Lfi� Date:2012.11.2614:47:36-07'00' MrU hS cvn La CJ,w Pld.cc, n5 Kristine Ranslem Secretary ^s) Ii 5 • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW(USR)APPLICATION FOR PLANNING DEPARTMENT USE QATE RECEIVED: RECEIPT It/AMOUNT* IS≥C(tJ`a CASE a ASSIGNED. t 13 I4),8%-n0 Sq APPLICATION RECEIVED BY PLANNERASSIGNED: Pamel Number aL2_ 5__ 3; r - -�s- 02Obk number-knew)on Ter in inky:rate.4UXneNe Nine Waal friary aracssor.Mica.or....wino utlaco_ul Legal DoaedpttbA{.,)Tk y305'1s'-3 I:e 3nSii Section)5 Township 2. Nonh.Range 61West Zone District: )Z e` . Total ACroagu -�_+ `1 Flood Plain: Geological Hazard: Airport Overlay DStrkc FEE OWNER(S)OF THE PROPERTY Name: cr-ai r Work Phone# Home Phone d.;/•:�.r n,' Email to r.r<.:t/c:ccP r-/L4./et, nwT Address C XL Address: CiyrtafeRip Code fear_f.n:=.S,3rIa?6. tt.In ,_. , V Name. Work Phone a Home Phone ft Emig Address: Address: City/State/ZIP Code Name. Work Phone a Home Phone a Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT(S.Ecwiw AernWaebn must a armor n/aa»carami Seed by'Viewed Aged, Name, uul:n lit A/ /A4t Work Phone a Home Phone;Via' 5 X'r'i'r Email Address: `j, 4 t^K sirs Address. City/Statelip Codeflt.�.ua't-, l`t-fc. k° ul.U3 PROPOSED USE: 11)bI(, LISP- r',C' cnjIC)' gel.•N. ,wren Litt ' Ir. flo, Sr l(Wo)i4YCby depose and state under penalties of perjury that all statements,proposals andlor plans submtlea wither contained within the eppgeabon we true and coned to the best of my(our)knowledge. Signatures of ea tee owners of properly must sign this application. If an Authorized Agent signs,a letter of authorization horn all lee owners must be included with the application if n corporation is the fee owner,notarized evidence must be inc{uped indicating U'at the signatory has to legal authority to sign for rpaaeon--, l t I<• S nalwe:Owaar or Authorized Agent Oats Si atu :Owner uh Agent Date • 4.,c-1Special Review Questionnaire D 1. Proposed use of property:A multi-use family oriented recreation park and along with horse property. Existing Custom stucco home built 2004 also has a detached 12'X 24'stick frame garage used for storage and or office. We have a stick frame hay barn 20' x 20'with a chain link dog run attached.Two horse pens with shelters. We also have an 8 'x 8' stick frame playhouse at the main entrance, converted for ticket taking and exit procedures. The recreation park proposed would be an outdoor multi-use seasonal facility for use by families and individuals. Horseback riding,walking,and motorcycle tracks are planned. The park would be open 7 days a week for Spring season March,April, May then for fall season September, October, November from 10 am to dusk. Two motorcycle motocross tracks are proposed for daily practice and for specific weekend events. SRAC(Sports Riders Association of Colorado)and AMA(American Motorcycle Association)sponsorship will be sought after establishment of the park. Motorcycle track#1 is proposed for immediate use and lies to the west of the existing house. Motorcycle track#2 is proposed for immediate use and lies to the north and east of existing structures. Portable restrooms,crosswalks, paths, picnic tables and benches are proposed in areas which are convenient to the tracks and parking areas. Special parking areas adjacent to the tracks is proposed for the motorcycle riders and pit crews south/east of the structures all ready existing on the property,These designated areas will be roped and clearly marked and will not be open to the public. (spectators). Parking for spectators is planned north/west of the structures all ready existing on the property. Both parking areas will be marked with specific b:es4k, crossings and a minimum of walkways leading to the viewing sites.With numbers of participants and spectators(W24/1 r attending events determining the extent of parking areas somewhat. Fences will be built around the motorcycle tracks,OOn" and the tracks will be gated and locked. Liability insurance stipulates fencing,signage,and release forms as contingentO:OJ to coverage. Spectators will be allowed in viewing areas only. Straw bales will mark the track for riders and provide a buffer.Signs will be posted with rules for all riders and pit crews,as well as spectators. Wavier of indemnity and release forms which list the rules must be signed by all riders and persons in the pit area of motorcycle tracks. All persons purchasing tickets as spectators will also be told that the ticket stubs contain the waiver of indemnity and prospective ticket purchasers agree to the conditions by purchase of the ticket. Speed limit, parking, private property,no trespassing, no passengers on motorcycles, no 3 wheeled or 4 wheeled atv's on premises(except for EMT's' and maintenance crew),and no alcohol signs will be posted. Areas around the house and barns will be secured by fences, if needed,and any other areas of potential liability will be posted. Security will be hired for special events.Water trucks will be driven onto the tracks to keep dust down.. Tracks will be maintained with upkeep and re-vamping done weekly or as needed. Entry and exit driveways will also be watered to prevent dust. May also place large bales of straw around property perimeter to buffer noise and dust if any complaints. During normal business hours, portable restrooms will be provided for the public use,as well as trash receptacles. For specific events,extra portable restrooms will be brought in and maintained daily, as well as trash removal. In addition,ambulance and medical personnel will always be hired for special events. Retail business proposed for the recreation park would be in motorcycle parts sales. These would be new replacement i -wear or spare parts,such as tires,inner tubes, protective clothing,goggles,sunglasses, pedals, levers, handlebars,rims,gears,sprockets,gloves, pads,helmets, There is no retail motorcycle outlet which could supply replacement parts within 35 miles of the facility. On March 7th 2012 we were granted a permit for the Temporary Assembly of a motocross event which occurred on March 31 through April 1, 2012 on the property as follows:9264 Cr 55 Keenesburg,Colo 80643. We had a fabulous turn out. Apparently some of the riders traveled from 3 other states to race our sand track. We had no complaints,but rather great reviews. ( see attached photos, letters and email correspondence with the county trough out the process.) Also the husband and wife EMT service we hired were motocross riders. They each rode in different events. Not sure what place if any they took. We have named our home the Whirlwind Ranch and the motocross track Whirlwind Sand Cross at Keenesburg. Whirlwind Sand Cross has its own face book account which lots of riders have positive input. We had no idea the magnitude of the sport. I believe we had approximately 240 riders and 100 spectators. We had no issues at all. No injuries requiring an ambulance. Had no issues with the Traffic Control Plan. Incident Action Plan was in place, we watered the front pasture as per ThoJnas Beech with the SE Weld County Fire District Chief had requested for the possible use of landing the helicopter,which we thankfully were not in need of. We watered the road down Cr 55 south before the end of the race and throughout the day to the nearby pond that a farmer(Sheree Sloan)gave permission to extract water from. Sheree Sloan still agreed to supply water so long as it will not impact the supply during growing season. 2 How this proposal consistent with the Weld County Comprehensive Plan: By creating a family oriented business along with open space, outdoor recreational activities and other leisure time pursuits of peopleliving within RE3J District and Weld County.Section code 22-2-10 � k\Qti 5\4Q c f \v r � \A � A0 INA f� .t 1T cxk 3.How does this proposal meet the intent of the zone district it is located in: By continuing to maintain the existing farm buildings and the agricultural heritage which characterize the communities of Keenesburg and surrounding farm By utilizing existing local and collector roads to move the public to and away from the proposed recreation facility. Approximately 1/2 of the 29.54 acre site are non-prime farm land,containing slight slope with deep sand. Land is ideal for outdoor recreation! Property is situated on a dead end road with four other parcels. Beyond the dead end of CR 55 due north is an abandoned turkey farm and further north is Waste Management land fill. cross Cr 55 due west is believed to be government owned (Department of Defense),which is undeveloped far seems unlikely to be developed)which provides us with an extraordinary view of the valley and the front range mountains. Dye south on Cry \qYThri,5 approximately 1 mile are two residential parcels all other parcels south are farm land. According to the pe rce(o ner \�y ' adyacent due south is undeveloped farm land and has no housing developments or plans at this date TheoW0u A�fgQI(o j�C,�� adjacent due east has several acres with no visua o rf esideence from our property. Parcel adjacent due north isf'clo-s40.gt 74 residence.Section code 23-8-10 Approval of this plan may create a Vested Property right pursuant to articale 68 of title 24 crs. W ft ( 4 What type of uses surround this site: Agriculture is the main activity. Due south of Cr 20 and Cr 55 is the Henrylyn irrigation water for farms in the area. Approximately 5 miles south on Cr 55 is 1-76 and a railroad running east and west. Approximately 3 miles away east on Cr 18 is a family owned auto salvage. Also 3 miles west on Cr 18 is a family owned Truck Driving School. Approximately due north on Cr 55 is the Waste Management land fill. Sa. How many people will use this site: Although it is hard to estimate, as there is no comparable facility in the area, but it is expected there will be from 20 to 100 motorcycle riders per day, using the track for practice. For special events, total number of motorcycle riders, pit crews and spectators could be above 1,000 per day. Sb. Number of employees proposed at this site: At the present time,two will be full time,one part time. More employees will be hired for special events as needed for security, medical emergencies,gates, maintenance,vendors etc. It is our hope that we will employ some of our local youth to work special events. 5c. Hours of operation: Preferred seasonal hours follow, but are subject to change: March through May:Open loam to dusk,7-days September through November: open 10amto dusk, 7-days Special Events: Hours will be announced/published. Events should be 2-4 days in length. 5d: Type and Number of structures to built on this site: None at this time.Will inquire about building permit. Se.Type and number of animals on site: Only owners pets-3 dogs, 2 cats,4 horses. St Kind of vehicles that will access the site and how often: Cars, pick-up trucks, delivery trucks,vans, self contained motor homes,trailers for towing, and street motorcycles will access the site daily during operational hours. No unusual size,type or weight of vehicle is expected. 5e. Who will provide fire protection to the site: S.E.Weld County Fire District which we had already implemented an Incident Action Plan with Chief Thomas Beech who surveyed the site. His recommendation for the previous pit dated 4/1/12 was to water pasture du west designated for helicopter to landing. ),?„),„ • 5h. Water source on the property: Current domestic well on the property tested and declared safe for drinking water. The well provides domestic water only for the residence. Individual bottles of drinking water will be supplied by a local vendor for the public. Drinking water in 5 gallon bottles will be available at the office. 51. Sewage disposal system on the property: The residence is served by a septic system. Public facilities will be portable toilets placed at convenient location for daily use which will be maintained and monitored as needed. Extra units will be in place for all special events and maintained daily. SLIf storage or warehousing,what type of items will be stored. N/A 6. Explain the proposed landscaping for the site: One hundred fifty trees and shrubs have been planted at various locations on the property. Purchased from the Weld County Conservation tree planting program. They were planted in the spring of 2011 to enhance the natural habitat for wildlife as well as providing wind and sun breaks. Additional plantings will be done spring of 2013 and in future years. No erosion control is planned,as the land is mostly sand and absorbs quickly. here is a small retention pond due west nn the property that will allow runoff and house gutters piped underground to pond for use with watering landscape in the area.The activities and placement on the site should not have a major impact on eroding the soil. May plant grasses in areas w ere discing will be done. -3.-+ 15 1 I la- j40 eo .cam r (.) ' 7. Explain any proposed reclamation procedures when terminatio of the se by Special Review activity occurs: Tracks were already in place for personal use and will continue as such. 8. Explain how the storm water drainage will be handled on the site: N/A 9. Explain how long it will take to construct this site,when construction/landscaping is scheduled to begin: Roads and tracks have been already established on the land for which have been added to and maintained for the owner's use. Dirt tracks are easy to change and adapt to the site. Fencing may take 2-3 months. 10. Explain where storage and/or stockpile of wastes will occur on this site: Weekly pickup of waste by a local company is currently in effect. Additional services will be added when needed. Any contaminated soil would be quickly abated. .oatZ ( a, wd or ''J • .i. 4 Weld County Public Works Dept. 1111N Street ACCESS PERMIT C,t3°'—..wit, Greeley,CO 80632 APPLICATION FORM fQ 4• Phone: 1970)304-6496 --- _---- Fax:I9701304.6497 AooIISSB Property Owner Ilf different than Applicant) Name 1)c�t>a L St Al n Name Company Address Address l'Itb t+ C-g. S5 Gly State_lip CRyX£5hiSCSuuA, State Cf' Zip 'Zip ‘3Clogil3 Phone Business Phone a s.7JCt C1C'C ') Fax Fax E-mail 4I I F-mall /116-4114.:4 lc t- 1-F_ta{-a 017 1 •=Existing Access A=Proposed Access Parfet Location&Sketch .C. rp The access is on WCR S S _I to -l Nearest Intersection:WCR ..;W &WCR 55 .1-V coca _o Distance from Intersection LI CV` : I - Parcel Number_f 2,C 5 _1.5 3 ke 'zO3,-i 4- Section/Township/Range i... ' 21.4 C.`hUJ ,1, 6-7) ' Is there an existing access to the property? C?A3�NO N Number of Existing Accesses c- n 'load Surface Type&Construction Information 1/11 I if) / Asphalt_ Gravel f Treated_ Other lime, Phri im nep ek GN:tl ovaLI �,,C_A!1 e Nt� 1''Cuhrert Size&Type .c.1I'/ rr . I N Matenph u}Ld to construct Access r t • -- (.O1,V ari,3 l r ('/ 7jil Construction Start Date Finish Date .l! L.y ed Use Propos -Temporary(Tracking Pad Required)/S75 7 Single Residential/575 C Industrial/S1S0 Small Commercial or Oil&Gas/S75 c large Commercial/6150 a Subdivisan/SI50 r Fieid(Agriculture Only)/Exempt Is this access associated with a Planning Process? n No .34/SR c.RE n PUD r..Other Jtectuired Attached Documents -Traffic Control Plan -Certificate of Insurance -Access Pictures(From the Left,Right,&into the access) _ a Sy accepting 0.4 permit,the undersigned Applicant,under penalty of perjury.wanes that they have cecewed oh pet d the permit apy:alion:they have read and understand all of the permit requirements and provisions set forth on all pages:that they have the 'whom),to sign for and bind the Aeon:ant.if the Applicnt is a corporaron or other entity;and that by virtue of theersrEnsature ine Applicant is bound by and agrees to comely with all said permit requirements and provisions,all weld County orcinarces,and state laws regarding/ lilies conspurtiv cr Signature fC<oyI I J J .1 G- ev - printed Ka— . 41N -,CL.i1:11 Date '? , (S I I;� Approval or Dental will be Issued in minbnum et 5 days. Approved by tees:abnee/mut P.-€(1 0 Site Specific Development Plan Special Review Permit Development Standards USR The site specific Development Plan and special review permit is for public recreational facility(motorcycle track)in the A agricultural zone district,as indicated in the application materials subject to the Development Standards stated. Approval of this plan may create a vested property right to pursuant to section 23-8-10 of the Weld County Zoning Ordinance. what- 15 1/4441,1�7 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted at this site. V' �k + Waste materials shall be controlled on this site. , Q z rs' Fugitive dust shall be controlled on this site,with water and/or large straw bales to buffer. .j r Car The maximum permissible noise level shall not exceed thetcommercial limit of 80db as measured according to section 14-9- 10. This standard shall be monitored and enforced o�as the result of an adjacent propeowner complaint. Upon such complaints we will surround area with bales of straw to buffer noise. ()JC- \OW)_ QA pit es r1D� b1 Adequate toilet facilities,(portable pots),as identified in the Conditions of Approval,shat a provided for patrons on the Yl\ facility. V10 CUP_ tz,..# The facility shall provide at all times a safe and adequate drinking water source for people of the facility. Bottled water provided by a commercial source shall be considered an adequate source. The applicant shall remove,handle and stockpile overburden,soil,sand,and gravel from the facility area in a manner that will prevent nuisance conditions. No overflow parking will be allowed on the county roads or rights-of-way adjacent to the facility. Noxious weeds shall be controlled at all times on the site. All identification signs located on the property shall adhere to Section 23-4-60 of tthe Weld County zoning ordinance. The hours of operation for motorized vehicle shall be restricted to the following: Spring March Thru May 31 Fall September thru November 30 Hours are 10 am to Dusk Monday thru Sunday Special Events Hours will be same as regular hours. Events maybe 1 to 4 days in length. Special events are motorcycle races in which there are more than 100 entrants. Any race with more than 100 entrants shall require a temporary assemblage permit meeting o_y the applicable provisions of Weld County section 12-1-20 7 People will be hired for security,medical emergencies,gates,and maintenance. There will be no more than one special event per month. Sale of used or new motorcycles and accessories shall be permitted during normal operating hours. IN g M AILS & 416(0. 1Q bt.• irk an at ZOrtr% No alcoholic beverages are allowed and strongly enforced. The portable restrooms shall be maintained in a sanitary manner to prevent nuisance conditions,such as odor,flies,etc. Portable restrooms will be pumped by licensed septic tank cleaner. 7 The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240 of the Weld County Zoning Ordinance. The property owner or operator shall be responsible for complying with the operation Standards of Section 23-2-250 of the? weld County Zoning Ordinance. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any time in order to endure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. The Special Review area shall be limited to the plans shown herein and governed by the foregoing standards and all applicable Weld County regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department Of Planning Services. No more than 20 motorcycles shall operate on any one track at any one time,with the exception of a special event. USR Completeness Review 9264 CR 55 Planning Comments: Code sections for question # 2 and #3 #2 section code 22-2-10 #3 section code 23-8-10 Public works comments: Water quality Depression and narrative for the site. 3000 cubic feet for each parking area=10'wide X 150' long X 2' deep Water flow may originate from the property on the east and the south Water flows to the north to the adjacent property or west of the property to the road (CR 55) Water flows to the north on the property. No drainage problems have ever occurred on the property. Won't alter historic flows due to storm waters leaving the property. No hard surface is being added. Public Health Department Comments: Dust- We will water track often. May water county road 55 to county road 20. f (nc.t1 no44- L So can d 0 Water will be brought in if not available in area. Noise-Upon complaint we will acquire large bales of straw to buffer the noise level,as seen oil fields do in the area. Waste-We have several 50 gal metal drums spread around that ourselves will dump into a large dumpster provided by Gray Brothers Trash Service P O BOX 539 Hudson Co 80642 (303) 732-4209 Reck Flyers, LLC will supply monitor and clean the portable toilets on a regular basis. 7108 W 10th St, Greeley, Co 80634 There will NOT be fuel stored or supplied on the property. Building Inspection Comments: Nothing will be constructed on property. We will be sure to get building permits if so. Submit by Email 86 _ Weld County Referral J - 2-- G _ �TY September 13, 2012 The Weld County Department of Planning Services has received the following item for review: Applicant: DAWfLS_CENA Case Number: USR12-0059 Please Reply By: October 11, 2012 ) Planner: Diana Aung t Project: A SITE SPECIFIC DEVELOPMENT PLAN AND USEBY-SPEi VIEW PERMIT FOR A MULTI-USE RECREATIONAL PARK(MOTOCROSS) IN THE AGRICULTURAL ZONE DISTRICT. Location: EAST AND ADJACENT TO CR 55 AND APPROXIMATELY .25 MILES NORTH OF CR 20 Parcel Number: 130515000033-R1032702 Legal: PT N2SW4 SECTION 15, T2N, R64W LOT A REC EXEMPT RE-3083 of the 6th P.M.,Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. nWe have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Date Agency Weld County Planning Dept. 1555 N 17th Ave,Greeley,CO.80631 (970)353-6100 ext.3540 (970)304-6498 fax West, Vern From: Denelle West [dwestknsbrg@yahoo.com] Sent: Sunday, December 16, 2012 9:27 PM To: Vern West; West, Vern I am Vern West. My wife Denelle and I built our home at 9745 WCR 57 10 years ago. For the last 21 years I have made my living as an EMT Firefighter for the City of Westminster. As a firefighter EMT I am naturally concerned with quality of live, health, safety and welfare issues both on this proposed motocross track and across property lines. f PPI fC 1Cl-v\ At first glance this proposal presented itself as a multi use recreational park for families and individuals to include horse back riding, walking and motocross racing. The questionnaire goes on Lik to state motocross track 1 and motocross track 2 both of which were existing on this site prior to the time application. There is not another mention of horseback riding or walking trails any place in the Site Development Plan, Special Review Questionnaire or Site Specific Development Plan. There is no mention of how they lan to marry the 3 very incompatible events onto 29.5 acres. °'*t O c V S (it" PA: rm O5 s Will there be walkers, horseback riders and motocross racers on the tracks at the same time? People and horses will surely be injured, they are not compatible. Would the walkers have priority on the trails? If there were no walkers would the horseback riders be next? And if nobody was walking or horseback riding would they then let the motocross racers in? I just cannot see how it could work. Somebody is going to get hurt. or Is Akan c,.,01.!„r 4,7„fj At different places in the application they talk about keeping their Ag Status wanting to be considered commercial for allowable decibel levels and staring a business charging people to race motorcycles and opening a retail sales business. Again I do not understand. How can they be all of this at one time. vc, ,kre y k.-e-ii w p,l In the application they attempted to make a distinction between the safety health and welfare services they intend to provide on special events compared to services provided on a daily basis. But why? In the Site Development Plan they state that there will be no more than 20 motorcycles on a track at any one time. x 2 tracks that is 40 motorcycles racing around the blow sand tracks at one time regardless of whether it is a practice day 7 days a week 10 AM to Dusk 6 months a year a witi, 4 maximum of 50 motocross racers per day. Or a special event they had 240 racers last March/April but still only 40 racers on the tracks at one time is basically the same thing. 1 I think that we can all agree that having up to 50 more people a day and up to a 1000 on special eventoignificantly increases our chances of having a fire started and that given the inherent danger of motocross racing fire and ambulance services will be needed. Pct., I had a conversation with Thomas Beech the Fire Chief in Keenesburg aa4I he agreed that this business venture should have 2 improved roads for access and egress of this many people for when the inevitable emergency happens and he needs to access this race track with his fire trucks and ambulances for removing people to safety or the hospital as the case may be. By an improved road he means grated, graveled and compacted. Accessing all points on the property just as construction projects and drilling rigs are required to do and the International Fire Code demands. The American Motorcycle Assoc. the governing body that the application states sponsorship will be sought after requires that a certified ambulance and crew should be on site during races and practices. Given the inherent danger of motocross racing I think it should be an advanced life support ambulance with at least one paramedic and 1 EMT available at all time as well as the emergency personnel required by Weld County for each 350 people assembled. Not just a couple of EMT's that are participating in the race as they had in there 1 time special event last March/April.Fe The planning board voted to have the property fenced. The app scantskated that t_____i5e was already a fence on 1 side but I do not think the board members would consider fence posts at about 30 foot intervals with 1 strand of barbed wire used as a hot wire to keep cattle in the adjoined property would be an adequate fence. For one I would hate to be the EMT caring for the child that accidentally ran his race bike into the barbed wire fence. It could disfigure or kill a child. At the very least multiple stitches would be required. P.� J v ►� -ae.c� t5 and 01 014. P`4(344/ Lint This could easily be prevented by installing a good quality 5 or 6 foot chain link fence. If properly installed it would keep the racers and their trash on the property and unwelcome people and pets off. tc-Ok co-Las, We have had problems since the track was built with people on motocross bikes wearing motocross costumes riding on county roads, neighboring farms, hay fields and private property. This was never a problem in the past. The EPA, Colorado Dept of Health and Weld County Dept of Health and Environment are all responsible for monitoring and enforcing Fugitive Particulate Emissions Laws. Dust. Fugitive Particulate Emissions is defined as the man made generation of particulate matter such as construction projects, aggregate mining and motocross tracks etc. to the extent that some of the material escapes beyond the boundary or property line. 2 Weld County also governs dust through the issuance of a grading permit. By doing so they require the applicant to follow state and county requirements minimizing potential off site damages during construction. The purpose is to protect the health safety and welfare of the public. Blowing dust is damaging to crops and pasture land. It is harmful to the health and welfare of people and livestock causing respiratory distress including coughing and difficulty breathing. Increased severity of bronchitis, asthma and emphysema. Heart attacks and heart disease causing premature death in individuals with existing lung or heart disease. It is most harmful to the young and old. The smaller the dust particle the deeper into the lungs it will be ingested and the more damage it will cause. Even though they moved over an acre of dirt building their race tracks the applicants did not apply for a grading permit and so were not made to follow the laws of the Federal, State and County as they pertain to dust mitigation. In the application they stated that a water truck will be used to control dust on the track and surrounding property. However even though they have been using these race tracks for over a year I have only seen a water truck on the property the 1 weekend of the special 1 time use permit race last March/April. This only accounts for special event races, again, with up to 50 motocross bikes a day 7 days a week 10 am til dusk. Dust will blow with the wind and be kicked up by the 50 motocross bikes everyday. I can envision several watering's everyday just like they during their races. Still this does not account for the other 6 months out of the year when the track is not operating for the night time hours when the wind is blowing and they are unable to water. Water is a temporary solution to a permanent problem now that the vegetation has been destroyed. Possible if they were to spray magnesium chloride on the track and surrounding area 2 to 5 times a year like Public Works does to control their dust. The application stated that straw bales like the oil wells use may work. The oil companies use 4 ft x 4 ft x 8 ft bales stacked 3 bales high. If the applicants were to do this on the North, South and East sides of the property, use certified hay or straw so as not to spread weeds onto surrounding properties and keep them maintained as they rot 365 days per year. I believe they can control their dust problem. fit-Min Kmvtes When asked about daily dust control by the Planning Board the applicants said there is some vegetation, that will help that. I think we can all agree that this would not be adequate. 3 s �.. �,. 2 Ctrvxsr.tpmd w ."In ✓' (4Ot do —es s«�d5 „-2 \l,n"-rt : 144utnra.,rI A ev[ � Ue-t- 1p /Pi"rri it> 1AAU 1-cin :Ait_ co..' i ec-,S ky nf tooP' cs lv `t-7J e.-0,e,,As In d i" '. t p N0rr5 e Another impo hltopic pertaining to Public Health Safety and Welfare is Noise Pollution. In the past there have been 2 motocross tracks approved near Keenesburg. Both of these were soon shut down for violations. Foremost of which were noise violations. Noise Pollution is regulated by the Federal Government, by the EPA, through the State by the Colo. Dept. of Health and by Weld County by the Dept. of Public Health and Environment. The reason that all of these government agencies have adopted laws governing noise restriction is because noise is detrimental to our health and welfare. In the case of this motocross track we will not simply be bombarded by a passing noise such as a semi-truck, car stereo, train or jet plane. It will not even be like the noise you might expect from a college student party next door. Although these are harmful, stressful and illegal they are nothing like having to withstand the extreme decibel levels emitted from motocross motorcycles 7 days a week 10 AM until dark, 6 months a year as this proposal will force upon us. fl@ef mar. s Noise causes a serious threat to our personal liabilities, the enjoyment of which is essential to the quality of life and liberties we are all entitled. Noise pollution is harmful to humans and animals in many ways. For humans noise over 85 decibels can cause acoustic trauma to the eardrum while sustained sounds at lower db can damage the middle ear. Noise causecphysiological as well as psychological problems. The common denominator for the adverse effects of noise is stress. It has been linked to several types of cancer, hypertension leading to heart disease and mental illness. Numerous studies have documented high blood pressure, anger, frustration, lower resistance to disease and infection, circulatory problems, ulcers, asthma, head aches, gastro-intestinal disorders and many others have been directly linked to noise. In addition children have been shown to suffer from slower language development and disruption of learning as a result of noise. Noise can harm animals both wild and domesticated livestock. Noise can disrupt their feeding and breeding habits. It may look to us like they are getting use to the noise but they can no more do that then we can. The Weld County Environmental Health Dept. requested a noise plan be attained by a certified acoustical engineer. The applicants said they would talk to an engineer and maybe put up some hay bales but never agreed to bring the db levels down to acceptable levels. 4 The applicant at the planning hearing would not commit to even making riders use mufflers. They only said they could try. Phillip Brewer of the Weld County Dept of Public Health and Environment took db readings from a new Honda 450 motocross bike with a stock muffler. It registered 94 db at 1/2 throttle from 4 feet away. 3 cl 'A o? k5 cio:Jftdl According to the Weld Cty Dept of Public Health and Environment if one 1 new motocross bike with a stock muffler were to generate 90 db at 50 ft. from the track VC-ii camas v �rd� d6 e�al 2 bikes would =93 db o�� wt 54-oct wviA }r f+tnciH 5 4 4 96 db b(kts v`, 4L --v-f 4 0 £c'o` — 4.1) as- 8 99 db = 85 ei1, 16 102 db k&g qi 4 4,6 ,,,r irereied n>t 32 108 db 64 111 db If this were an older bike or a bike that the exhaust had been altered and generating 120 db at 50 ft 2 bikes would = 123 db 1 S'abo't i tv od!ecl 8 129 db 32 138 db flat ab —Z t L ego` 2-11-6 d l SS 00wh1 = Go d6 A<,a e allowed 64 141 db 6 - *s. Weld County Dept of Public Health and Environment went on to explain that doubling the distance decreases the db levels by 6. T-vice-as-far-away, 100 ft would decrease 6 db 200 ft 12 db � k - �^°` 400 ft 18 db zo { _ t� 800 ft 24 db _ , a- 04i 1600 ft 30 db 3200 ft 36 db fit, " i gLt tJ6 se, 1twt4- So, assuming that we have 40 motocross racers with an even mix of new unmodified and older bikes or bikes with modified exhaust we would be hearing conservatively- 3 lb on my property which is Al db higher than the 55 db allowed. iscf 'i' I We have not even discussed the public address system which they have to increase the volume of to a level which can be heard over the motorcycles in order the announce the races. 1,4_ 0e ' h� th, I think you will all agree that if based on nothing beyond our health, safety and welfare a motocross track does not belong in our neighborhood. ten,-, Ito �h �y lle d G1 � — S S c �. 5 /Th. era. ENVIRONMENTAL NOISE CONTROL The 2005 Congress and Exposition on Noise Control Engineering 07-10 August 2005-Rlo de Janeiro-Brazil Sound power levels of motocross courses Jan Granneman,Frans Schermer,Ilan I luizer,Nieo J minim sea Pcutz 1w,PO Box 696.2700 AR Zoetemteer,The Netherlands info@zoeterrneer.peutz.nl Abstract Noise due to motocross courses demands special attention especially when dwellings in the near vicinity are present. Prognosis of new initiatives and effect of noise reducing measures demands adequate calculation models with accurate sound power information of different classes of motor-hikes. For this reason actual sound power levels of individual motor-bikes of various classes are determined in an appropriate way.Furthermore, the sound power levels of motocross courses as o whole are determined in different situations,taking into account the specific enviNmnental conditions such as local barriers due to sand dunes.forest and other parameter relevant for the sound transmission. From the results of this investigation proposals an made regarding die most appropriate way to model the sound emission of motocross counts in relation to specific classes and local conditions.The sound emission of individual cross motor-bikes is often verified according to FIM regulations.1 his so-called PIM-method uses the noise level measured near the exhaust nutlet at prescribed rpm.However,this method in its present form does not relate accurately with the real sound emission of motor-bikes during the race and therefore with the sound levels in the environment of a motocross course.Modification is required.As an alternative, pass-by tests can he used for the same purpose, which arc more appropriate to check the noise level due to individual bikes. A,• , Flgare 7:Mo rots cna•.ee. 1. INTRODUCTION The total sound emission of motocross courses is relatively high and demands special attention. Assessment of the sound emission is in the Dutch situation very often based on research with respect to the noise emission of motocross courses in 1986 [1]. Meanwhile motor-bikes have evolved technically and therefore acoustically. For this reason, by order of the Royal Dutch Motorcycle Federation a study regarding the actual noise emission of motocross courses has been carried out. In this study the specific effects of local conditions have been considered. 2.AIM OF THE STUDY The study is aimed at acquiring information about the noise emission of motocross courses, taking into account actual sound powers of motor-bikes of different classes under representative operating conditions, and local characteristics of the course. Also an adequate approach of modeling a motocross course to calculate the sound immission in the adjacent area of course is aimed at. Furthermore, a comparison is made between the results of the so-called FIM-method [2] for assessment of the allowed maximum sound emission of motor-bikes, and the total sound emission of the course. Figure 1 shows motor-bikes in a motocross course. 3. RESEARCH STRATEGY To obtain information about the sound power of motor-bikes of different classes respectively of the total course, the following measurements were carried out: - sound measurements at short distances from characteristic parts of the course (e.g. straights, curves, ramps); - sound measurements at such a distance of the acoustical center of the course (at least 1.5 times the typical dimensions of the course area) that it can be considered as a point source; - to get information about the influence of local conditions, such as earth walls and woods near the course, these measurements were done near courses A, B and C, each with different environmental circumstances; - sound measurements at a distance of about 100 m from the closest part of the course, to be able to verify the calculation model; - measurements at a distance of 0.5 m of the exhaust pipe of the motor-bike (with an prescribed r.p.m) according to the FIM-method. From these results the average sound power of separate motor-bikes of different classes were derived, as well as the sound power of the course as a whole, again for each class of motor- bikes. Based on these sound powers of individual motor-bikes an acoustical calculation model was put up, taking into account the number of motor-bikes simultaneously present on the course and local conditions. This model was verified with the sound levels obtained at greater distances from the course area. A typical example of a course is shown in figure 2. Opt c‘\I\\Si 1 ten 1,11\ti, — Ei—. - ., sI DT- �. IaattU air . _`� - �2 Fixvrre 2.rota:?â)'41#4(4 coarse. 4.RESULTS OF MEASUREMENTS AND CALCULATIONS Table I gives the avenge sound power levels derived from measured maximum sound levels (as meter reading last)near the courses,during pass by of individual motor-bikes for different classes.'I hese maximum sound levels relate to parts of the course where the haghast sound levels occur. Besides that, table I gives the sound power levels derived from the measured equivalent sound levels at greater distance from the course(r 1.5 d.with d the characteristic dimension of the course)during the nice.taking into account the number of motor-bikes attending the specific race. Only those pans of the total measuring time have been used which were acceptable regarding disturbing background noise. If necessary, corrections because of back ground noise have been applied. Table I:Sound power levels per motor-bike for different classes (average values), based on measured maximal sound levels near the course respectively on equivalent sound levels at greater distance. Class LW in dB(A),based on pass by measurements Lw in dB(A)at>1.5 x d Course Course Course Course Course Course A B C A B C Pos. l Pos.2 Pos. l Pos.2 50 cc 2s 118.1 117.1 110.6 65 cc 2s 118.5 118.8 118.2 121.7 113.1 117.1 85 cc 2s 124.0 126.2 124.4 126.3 117.5 117.8 250 cc 2s 125.3 124.0 125.2 132.9 127.9 120.7 118.5 120.1 450 cc 4s 127.0 127.9 127.6 133.7 132,5 Veterans 2s 125.8 125.1 125.1 124.7 121.0 120.5 Veterans 4s 129.3 129.0 127.4 132.7 125 cc 2s 125.7 125.9 127.1 133.1 130.9 120.5 119.3 118.9 250 cc 4s 125.2 133.6 125.9 135.9 130.1 Juniors 65+85cc 2s 121.0 115.2 Juniors 85+125cc 2s 126.4 120.9 40-class 500cc 2s 125.1 119.9 40+class 625 cc 4s 127.5 Superclass 2s 127.5 122.3 Superclass 4s 130.3 "Enduro"class 2s 127.2 116.7 "Enduro"class 4s 128.1 Suzuki 125 cc 2s 125.4 125.9 117.9 Suzuki 250 cc 4s 131.6 130.9 The following should be noted. Position 1 at course A relates to a part of the course where motor-bikes pass by at relatively high speed; at position 2 motor-bikes accelerate after a curve. In many races various classes of motor-bikes take part simultaneously. The sound power level of the total course relates to that specific combination. The so called "Enduro class" relates to motor-bikes which have a special silencer and are for that reason allowed on public roads. In the so-called "super class" semi-profs attend. They take a larger part of the course with significantly more (sound) power than amateurs. This leads to a higher value of the sound power of the course as a whole. With measurements at greater distances care should be taken regarding the distribution of motor-bikes on the course. Short after the start almost all motor-bikes are close to each other, so that the distance to the measurement position of this combined sound source varies during that early part of the race. Measurements at greater distance to obtain equivalent sound levels should be carried out long enough after the start to ensure that the motor-bikes have spread out over the complete course. When the motor-bikes are more or less randomly distributed over the course, shorter periods of measuring time are sufficient. This is particularly important when measurements are disturbed by (transient) surrounding noise due to other sound sources which makes it necessary to ignore certain parts of the measurement period. The sound power levels of the course as a whole are significantly lower than those based on pass by measurements. This is due to the fact that the situation with maximum noise generation (full throttle) occurs at a limited number of specific parts of the course (straights, exiting curves). The types of motor-bikes that take part in crosses can differ from day to day and from course to course; also the number of motor-bikes per class vary. For the specific race days during which the measurements were carried out, a sound power level, averaged over all motor- bikes, was derived. These values are for course A and B 119 dB(A) and for course C 120 dB(A). For a rough estimate of the noise emission of a course (sound power level per motor- bike)an average value of 120 dB(A) for all motor-bikes could be applied. New so-called `Enduro"-silencers are currently available. To determine the effect of these silencers the sound levels according to the pass by test have been determined. The obtained sound reduction depends on the specific manufacturer. It appears that the additional sound reduction due to the use of Enduro silencers can be up to 8 dB. 5. COMPARISON OF SOUND POWER LEVELS The average sound power level derived from maximum sound levels near the course — at parts of the course taken with full throttle - are significantly higher than those derived from the measurements at greater distance. This is caused by the fact that motor-bikes drive with the throttle (almost) fully opened only at a relatively small part of the course. A difference between both types of sound power levels of about 8 dB indicates that only 15 % of the total duration of the race refers to the full throttle situation. This important conclusion has to be taken into account when making a calculation model. Which part of the course has to be taken into account depends on the specific lay out of the course. Semi-profs cause an approximately 2 dB(A) higher sound power level of the whole course compared with the values with amateurs. The application of so called Enduro silencers leads to approximately 2 to 3 dB lower sound power level of the course as a whole. However, this will only influence the sound emission of a complete racing day if all motor-bikes apply this type of silencer. The sound power levels of courses in flat land do not differ significantly from those which are digged in. The effect of sound barriers which exist as a consequence of this digged in course parts is less than expected mainly because important parts of the course with high sound emission do not benefit from this circumstance. 6. COMPARISON WITH EARLIER STUDIES In the report of 1986 [l] it was concluded that the difference in sound power level between various classes is small, and that for practical reasons one could calculate the noise emission of a course by applying a sound power level of 124 dB(A) for each motor-bike. As a first simplified approximation this might be true. However, when noise limits are severe and hard to meet, a more differentiated approach is recommendable, taking into account the specific classes of motor-bikes that usually will attend races at that specific course. In such an actual situation significantly lower sound power levels can be applied, as are determined in our study. 7. FIM-TEST AND OTHER CONTROL MEASUREMENTS In order to check whether the sound emission of a cross motor meets the limit or not, the so- called FIM-test is applied, executed prior to the race. With this test the sound level at a distance of 0.5 m from the exhaust outlet is determined (see figure 3). At the time of the TNO-study of 1986 the limit was 108 dB(A) with the remark that very soon this limit would be decreased to 104 dB(A); at that time most motor-bikes showed sound levels of 104 to 106 dB(A). � ` I 0.5 m 45 Figure 3:Situation at F/M emission measurements. At this moment the FIM-limit is 97 dB(A) (meter reading slow), which shows the technically achieved reduction of the sound emission of cross motor-bikes. Neglecting the noise contribution due to the engine block and air intake, this limit corresponds with a sound power level of 103 dB(A). However, the average sound power of motor-bikes appeared to be 120 dB(A), showing no real relationship with the FIM-limit, which is even worse when considering the sound power during acceleration. This poor relationship can also be derived from the fact that the FIM limit was decreased with 11 dB - from 108 dB(A) in 1986 to 97 dB(A) in 2005 - while the effective reduction of the average sound power level of motor- bikes in that period of time appears to be about 4 dB. As the discrepancies between the FIM sound emission and the sound emission during real race conditions are to large, the FIM method is no suitable instrument to limit the sound power of the course as a whole. A modification of this specific method is recommendable, for instance by simulating the race situation by measuring the maximum sound level during fast acceleration up till the r.p.m as prescribed by FIM regulations. Measurements should be taken at a larger distance than 0.5 m from the exhaust outlet (for instance 1.5 m) to take into account the noise contribution of other parts of the motor-bike such as air inlet and engine block. This is especially true when additional reduction of the sound emission of the exhaust outlet is achieved, making this sound source less dominant in the total sound power of the motor-bike. Apart from the FIM test, more and more pass by tests are used to check the sound emission of cross motors. If the sound level at 7.5 m distance from the course during acceleration exceeds a specific value the motor-bike is not allowed to attend the race. It is clear that this method has a better relationship with the real sound emission during the race itself. N.B. Based on the results (or limit) of the pass by test and the number of motor-bikes attending the race, one could consider the set up of a book keeping system in order to control the total equivalent sound immission at discrete locations near dwellings. This exercise can be done prior to the race to prove that sound limits in permits will be met, or during the race to show that no exceeding of noise limits have taken place. 8. CALCULATION MODEL As concluded before, it appears that only certain parts of the course are responsible for the total sound power of the course as a whole. This relates to the specific operating conditions of motor-bikes during the race. Practical experience shows that mainly at straight parts of the course and when exiting curves motor-bikes are operated with throttles (almost) fully opened, generating maximum sound power levels. At the other parts of the course (for example before entering a curve or a ramp) the sound emission of the motor-bike can be 15 to 20 dB lower, because the corresponding operating conditions (braking or coasting) mean that hardly any mechanical power is required. Although only 15 % of the duration of the race should be considered with maximum sound power level (see above), from verification calculations it appears that effectively about 8 % of the length of the course should be modeled with maximum sound power level. This knowledge also serves another purpose. It is very important to know which parts of the course actually contribute to the total sound emission when considering sound reducing measures such as sound barriers. It is no use to erect for instance extensive earth walls as sound barriers near parts of the course that are not or less important for the total sound emission in certain directions. Based on these observations, calculation models were made with the following characteristics: - the course as a whole was subdivided in course parts of 10 to 20 m; - from the measurement results nearby the course of motor-bikes passing by, the sound power levels during maximum sound generation of the motor-bikes were derived; - on each straight course part and course parts after a curve these maximum sound powers were used; other course parts were neglected; - taking into account the average speed of the motor-bikes on the course, the average duration of passing was derived for each course part; - combining this duration time on each course part with the number of motor-bikes in the specific race, the time corrected contribution to the total sound emission of the course was determined; - with this model the sound levels on the verification positions were calculated. Table 2 shows the results of these calculations. Table 2: Comparison of measured and calculated equivalent sound levels due to courses at different positions. Class LAeq in dB(A) Measured Calculated Course A 50 cc 2s 52.0 49.7 65 cc 2s 56.9 53.1 85 cc 2s 62.1 60.9 250 cc 2s/450 cc 4s 64.3 63.0 Veterans 2s /Veterans 4s 64.1 64.3 125 cc/250 cc 4s 63.2 62.6 Course B 125 cc 2s/250 cc 4s 63.5 63.8 250 cc 2s/450 cc 4s 63.4 64.3 Superclass 2s/4s 67.2 67.4 40'class 500 cc 2s/625 cc 4s 63.5 64.1 "Enduro"class 2s/4s 60.4 64.0 Course C Suzuki 125 cc 2s/250 cc 4s Position I 75.0 74.2 Position 2 57.8 56.8 125 cc 2s/250 cc 4s, race 1 Position 1 80.7 84.0 Position 2 63.0 66.5 125 cc 2s/250 cc 4s, race 2 Position 1 79.2 79.4 Position 2 57.8 61.9 250 cc 2s/450 cc 4s Position 1 77.6 79.9 Position 2 60.3 61.6 As can be seen from table 2 the measured and calculated values correspond satisfactory with each other. To take into account the additional reduction doc to woods the damping factors of table 3 have been used. !able 3 Dampragforma regardingad1uirnai noire reJactium Jae to woods. Frequency[IIz) 31 63 125 250 500 1000 2k 4k 8k Damping rdntm] 0.00 0.01 11.01 (1.01 0.04 0.05 0.04 0.09 0.09 9.EFFECT OF PROVISIONS The results of measurements show that by application of improved exhaust silencers,the total sound emission of the motor-bike can be reduced substantially(up to 8 dB):see figure 4.It was concluded before II)that the influence of such improved silencers on the performance of the motor-bike is neglieible.However,the application of an improved silencer requires a new set-up of the engine(fine tuning of ignition timing and mixture-ratio) in order to prevent power loss.For this reason owners/users of motor-bikes often have a negative opinion about improved silencers.Also the psychological effect plays an important role(`less noise=less power").For this reason communication with ownerslusers is very important. elf 6rryrc 4:Example Win/roved Mower. furthemtore,application of noise walls or barriers can reduce the noise emission or, as an alternative.the digging in of the course las the same etYcet It is not useful to tty to optimize the location of noise barriers in relation to certain more noisy parts of the coursse. if many scattered short parts of the course contribute to the total noise emission.I lowever,if a small numher of noisy parts exists,such an optimization might be useful. Wards have their effect on the noise emission.but can hardly be considered as an additional provision. However, the existence of woods can he taken into account when selecting the location of a new course. 10. CONCLUSIONS AND RECOMMENDATIONS A significantly lower average sound power level for cross motor-bikes (approximately 120 dB(A)) has been determined compared with the values of 124 dB(A) used up till now based on studies from 1986 and before. In acoustical critical situations more differentiation is recommendable, since certain classes have lower average sound power levels. The application of optimized silencers can provide an additional noise reduction up to 8 dB. The results of these developments improve the possibility of obtaining permits for existing and new motocross courses. It also provides extension of the number of races and/or motor- bikes within actual permits for existing courses. Communication with owners/users of motor-bikes regarding the application of special silencers is recommended in order to stimulate a broader use of these devices. In calculation models it is sufficient for an accurate prognosis of the noise emission of the total course to only implement sound powers of accelerating motor-bikes at straight course parts and parts after curves. The noise contribution of other parts of the course may be neglected. It is recommended to modify the FIM control measurements in such a way that a better relationship with the sound emission during the course exists, for instance by measuring the maximum sound level during fast acceleration up till prescribed r.p.m, and at for instance 1.5 m from the exhaust outlet. As an alternative pass by tests could be considered. REFERENCES [1] TNO-report GF-HR-02-02(in Dutch),Noise of motocross courses and means to reduce it,TNO, 1986. [2] FIM,Motocross and motocross technical regulations,version 2005 noise pollution Facts, information, pictures I Encyclopedia.com ... Page 1 of 3 ENcycLopedia COIn health related issues pertaining to noise poludon 'ese rch caleuones noise pollution gi t Ads by G04:14:110- Pr,d, Metal ,v a I I International Pollution A to Z Dictionary of The Columbia Further I l . i __,._ - - Encyclopedia... American History Encyclopedia,... reading i' 1f, t -fr -- , rlWf '; 1 -I Pollution,NoiseType - _ -ffr l. ¢; ,a%; International Encyclopedia of the Social Sciences I 20081 S • -. . noise pollution.Wkimedia Commons(Public Domain) Measure Air Quality Noise pollution is undesired sound that is disruptive or IAO Assessment.Bio and Chemical Expert IAO Consulting Services dangerous and can cause harm to life,nature,and property.It www.C-IH com Nr n s nr'i is often said that noise differs from other forms of pollution in f' � c Q Stop Elevator Noise CI,I that,unlike atmospheric pollutants for example,once abated, Acoustiblok stops Elevator Noise View `^�`y,(/��/r v noise leaves no residual accumulation in the environment or our gallery of installations it T? acoustiblok com the human body.Noise does leave behind its effects, nose Enmronatrq" however,and these can deteriorate after continued exposure Stop Noise Pollution Protection Agencv Soundproof Windows slop up to 95% to harmful sounds.So it is not true,strictly speaking,that Available nationwide-affordable "noise..,leaves no visible evidence"(Lai 1996,p.389). www.soundproofwindows.com IS The hazardous effects of noise depend on its intensity (loudness in decibels),duration,and frequency(high or low).High and low pitch is more damaging than middle frequencies,and white noise covering the entire frequency spectrum is less harmful than noise of a nc!unen spec pitch.Noise may be ambient(constantly present in the background)or peak(shorter,louder sounds). Noise-induced hearing loss(NIHL)in humans is the major,though by no means only,problem stemming from Stilled Mas killq SO Ut10115 noise pollution.In 1978 the U.S.Environmental Protection Agency(EPA)Office of Noise Abatement and www.SpeechPrivacySystems.com '-. Control estimated that around twenty million Americans were exposed daily to noise resulting in permanent Speech Privacy Systems that are hearing loss(EPA 1978).In 1990 about thirty million people in the United States were exposed daily to Quieter,More Effective&Cost Less occupational noise levels above 85 decibels,compared with just over 9 million people in 1981.Exposure for HP Energy Lab more than 8 hours a day to sound in excess of 85 decibels is potentially hazardous.In German,.and other www.BP.com/EnergyLab d. developed countries,as many as four to five million people,that is.12 to 15 percent of all employed people, Tips&Tools at the BP Energy Lab.Start are exposed to noise levels of 85 decibels or more(World Health Organization 2001). an Eco-Fnendly Life Today. Littleton Assisted Li vinj r Loud,abrupt sounds can harm theeardrum,while sustained sounds at lower volume can damage the middle www.ManorOnMarsfonLake corn r i ear,both types of sounds can cause psychological damage.Noise disrupts sleep and communication,and Our Assisted Living Residents Are Happy numerous studies have documented the heart-related,respiratory,neurological,and other physiological Here.Come Join Us A0.1ms effects of noise.Stress,high blood pressure,anger and frustration,lower resistance to disease and infection, circulatory problems,ulcers,asthma,colitis,headaches,gastrointestinal disorders,and many other physiological and psychological problems have been linked directly to noise.In addition,children have been Rock and Roil shown to suffer from slower language development and disruption of teaming as a result of noise.More than aln't Noise.:: . five million children in the United States,ages six to nineteen.suffer from noise-induced hearing impairment I (Haws 2006).In the Un,ted-,gA r c ertanc and_pa:n,exposure to noise impaired children's reading ;90 comprehension and caused a delay in reading skills development(Clark and Stansfeld 2005).In s ustr,a, children in noisier neighborhoods were shown to suffer from increased stress and diminished motivation (Evans et al.2001).A fetus exposed to noise may experience a change in heart rate,or it may suffer the noise po ution impact of its mother's noise-related stress. w In addition,noise can harm animals and the environment,as well as physical property.Livestock and pets are harmed by noise,as are animals in the wild.Noise can also disturb wildlife feeding and breeding.Noise- -a related properly damage includes structural damage from vibrations induced by sound waves and economic ' harm in the form of lower property values.The true social costs of noise pollution also must include monetary IIII losses from sickness,absenteeism,loss of productivity and earning capacity,and much more.IIIII http://www.encyclopedia.com/topic/noise_pollution.aspx 12/12/2012 . noise pollution Facts, information, pictures I Encyclopedia.com ... Page 2 of 3 • Noise Pollution AC;DC Rock Noise pollution is not new,but it has become more problematic with the developments associated with and Reli Aint industrialization and urbanization.Between 1987 and 1997,community noise levels in the United States were N 0ISe estimated to have increased by 11 percent and were predicted to continue increasing at that rate or more (Staples 1997).Commercial and industrial activities,constmdion,aircraft,vehicular traffic(highway and off- Si AC;DC 'Rock ckroad),and the rapid increase in the use of machines and other technologies are all associated with noise 'r1 Roll Aint pollution.Modem household appliances and lawn and gardening equipment are increasingly common sources of noise.Like many other forms of pollution,noise appears to disproportionately affect poor and disadvantaged minority communities,and so is also an environmental justice issue. In the United States,public policy to address noise pollution began in the early 1970s.The Noise Control Act Rate these videos or search for of 1972 charged the federal government with protecting public health and welfare from noise pollution by more establishing standards for noise emissions and by authorizing federal agencies to establish rules.The EPA created the Office of Noise Abatement and Control(ONAC)as a result of the Noise Control Act.The Quiet Communities Act of 1978 authorized the EPA to provide grants to state and local govemments for noise E Encyclopedia.com abatement.In the early 1980s the Occupational Safety and Health Administration(OSHA)set standards for industrial noise exposure and criteria for hearing protection.The OSHA guidelines resulted in a reduction of noise levels and hearing loss to workers,but some hearing loss can occur even at OSHA-approved levels.In 1981 Congress agreed to the Ronald Reagan administration's proposal to cease funding for ONAC,although Congress did not repeal the Noise Control Act when it eliminated ONAC's funding. Noise pollution can be controlled through reduction at the source,interruption of transmission paths,or protection of the receiver.Reengineering machines and simply tuming down volume when possible are methods of reduction at the source.Barriers,enclosures,and other forms of soundproofing can interrupt transmission paths.The use of hearing protection is the main form of receiver protection.Experts recommend a multifaceted approach,including appropriate training on the use of equipment and on why ear protection matters,enforcement of hearing-protection regulations,and the use of new technologies that reduce noise at the source(Lusk et al.2004).Like many other environmental problems,addressing noise pollution is complicated by issues of shared responsibility and jurisdiction,making some conventional economic approaches less effective and inviting new interdisciplinary solutions.New active noise control(ANC) technologies may assist in dealing with noise pollution in the years ahead through the use of digital processors that convert analog sounds into digital signals,allowing computer-generated"antinoise"to erase sound with sound(Alper 1991). While market-based approaches to pollution control have become more popular in recent years,there have not yet been any emissions trading or pollution permits schemes applied to noise.It should be recalled, however,that up until the time of the first govemment regulation of pollution,a market-based approach was the"default"mode of pollution control. SEE ALSO 'sl�l o ,O�.ree roc iA,.o'er BIBLIOGRAPHY Alper.Joe.1991.Antinoise Creates the Sounds of Silence.Science 252(5005):508-509. Clark,Charlotte,and Stephen A.Stansfeld.2005.The Effect of Aircraft and Road Traffic Noise on Children's Reading.Literacy Today 44(9):24-25. Evans,Gary W.,et al.2001.Community Noise Exposure and Stress in Children.Journal of the Acoustical Society of America 109(3):1023-1027. Haves,Valerie.2006.Noise!The Invisible Pollution.Current Health 2 32(5):10-11. Lai,Patrick.1996.Noise Pollution.In Major Environmental Issues Facing the 21st Century,eds.Mary K. Theodore and Louis Theodore,389-396.Upper Saddle River,NJ:Prentice Hall. Lusk,Sally.et al.2004.Acute Effects of Noise on Blood Pressure and Heart Rate.Archives of Environmental Health 59(8):392-399. Staples,Susan L.1997.Public Policy and Environmental Noise:Modeling Exposure or Understanding Effects. American Joumal of Public Health 87(12):2063-2067. U.S.Environmental Protection Agency,Office of Noise Abatement and Control.1978.Noise:A Health Problem. 'IF,'. a _e e ,ahIth nt¢_ World Health Organization.2001.Fact Sheet No.258.Geneva WHO Press. ry j ..shc:. 0. ,reclacelit een Mathew Forstater http://www.encyclopedia.com/topic/noise_pollution.aspx 12/12/2012 noise pollution Facts, information, pictures I Encyclopedia.com ... Page 3 of 3 Pick a style below,and copy the text for your bibliography. MLA Chicago APA "International Encyclopedia of the Social Sciences 2008 I ncycIupedla.cons. 12 Dec.2012 ea ,more aoo t itabon health related issues pertaining to noise polution Highbeam-" Research_Inc.©Copyright 2012.All rights reserved. bout s -rests teegback P a c isoccy ass-os,bb^r The Encyclopedia.com advertising network includes: http://www.encyclopedia.com/topic/noise_pollution.aspx 12/12/2012 } Page 1 of 2 FW:Noise&Dust 1 Hide Details FROM: Phillip Brewer Friday.December 720121 41 PM TO: dwestknsbrg@yahoo.com I had the wrong e-mail address on the first sending Here 6 a corrected version' J.Phillip(Phil)Brewer Environmental Specialist III Weld County Department of Public Health and Environment Environmental Health Services 1555 N 17th Avenue Greeley.CO 80631 970-356-4000.x 2227(office&messages) 970-304-6411(Fax) 970-590-7702(c,M-F.B am-5pm) pbrewer@co weld co us *Isms iL Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it Is addressed and may contain information that is privileged confidential or otherwise protected from disclosure If you have received this communication in error please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is slnUly prohibited From:Phillip Brewer Sent:Friday,December 07,2012 1:38 PM To:'dwestknsdbr0@yahoo.crgn' Subject:Noise&Dust Denelle and Vern. The noise measurements that will determined at a motorcycle shop may not have any relationship to the noise that is(will be)emanated(emanating)from the motocross track that s proposed for the area near your home in the Keenesburg area. Keep in mind that just because a motorcycle makes noise at a certain level at a motorcycle shop it must not be assumed to be the noise generated on a motocross track You have expressed interest in information about noise and dust impacts on human(or even environmental)health. What I want to recommend to you is to do some Internet scanning or searching for information specific to your interests. I will list some specific Internet sates or addresses for you to contact,but I recommend that you conduct some searches on your own for specific information. In your searches for dust enter combinations of such key/search terms as Dust fugitive particulate emissions,fugitive dust health effects.asthma.COPD.control of fugitive particulate emissions motocross track generated dust. Colorado fugitive dust regulations In your searches for noise enter combinations of such key/search terms as'. Noise pollution noise health effects shrill noise high frequency noise,noise levels of various activities and sources noise levels causing hearing damage. psychological changes from chronic noise exposure noise from motocross tracks noise from motorcycle racing noise from non-muffled motorcycle engines.noise from motorcycles with mufflers.Colorado noise regulations,noise from motorcycles on the public rights-of-way noise attenuation or mitigation techniques. The Weld County Code for Noise Code Ordinance 2006-4 Article IX.Noise Section 14-9 This is available on the Internet Meld 0cv) The Colorado Statue(Colorado Revised Statutes)for noise Section 25 Article 12. The Colorado Regulation dealing with generated dust is Regulation No 3 This is available on-line. www cdpne slate co uslDrvsonsand ProaramslAirPolwhcnControl0rvisiorVReoulations/Reoul_LonNp3 FYI. Fugitive Dust =naturally occurring dust such as what is generated by wind on naturally occurring areas as undisturbed prairie,beaches.Take shores desert floors.etc. 'Fugitive Particulate Emissions =dust from man-made sources or influences such as cement plants aggregate mining operations construction projects motocross tracks.etc The slate regulations deal with the latter. There is not much that can be done with naturally occurring dust So you know Farming is a man-made activity that can result in man-made fugitive particulate emissions(think of farm fields that are blown in strong winds). Although the blown particulates from farms is the result of man's activities(man-made) this source of fugitive particulate emissions is exempt from ALL regulations- Farming dust is not regulated. Dust from farm zoned lag)land may be regulated if the activity generating that dust is not a result of farming(ag) activity In your intemet searches you may be able to find Information about noise from motocross tracks that have been measured in other cities or states. Ohl Something very important. Let's assume One motocross motorcycle on a track generates 90 decibels of noise at 50 feet from the track Two motocross motorcycles will not generate 180 decibels of noise at 50 feat from the track. Four motocross motorcycles will not generate 360 decibels of noise 50 feet from the track Noise from different source is added logarithmically NOT arithmetically Above example. 1 motorcycle-90 d8(A) 2 motorcycles- 93 d6(A)(add 3) 4 motorcycles-96 dB(A)(add 6) 8 motorcycles-99 dB(A)(add 9) 16 motorcycles-102 dB(A)(add 12) Rule. Add 3 d8(A)for each doubling of identical sources. The rule is different it sources are not identical(it is more complicated) http://36ohk6dgmcdln-c.c.yom.mail.yahoo.net/om/api/1 .0/open... 12/7/2012 Page 2 of 2 Also doubling the distance from a nurse source decreases the noise levels by 6 d8(A). and halving the distance increases it by 6 dB(A). The -inverse rule applies here (the dB scale is logarithmic) 50 feet (16 motorcycles). 102 dB (A) Twice as far100 feet) minus 6 dB(A), or 96 dB(A) 4X's as far (200 feet) mmus 12 dB(A). or 90 dB(A) 8X s as far (400 feet) minus 18 dB(A). or 84 dB(A) 16X's as far (800 feel) minus 24 dB(A) or 78 dB(A) 32X's as far (1600 feet) m nus 30 dB(A), or72 dB(A) 64X's as far (3200 feet) minus 36 db(A). or 66 dB(A) At slightly mare than a half a mile (= 2640 feet) the motorcycle noise will drop from 102 dB(A) to RR dB(A) How far is your property line from the proposed motocross track? Norse originating on private property shall be measured at or within the boundary of the property from which the no se complaint is made This means that if I were to measure noise from the track because of your concerns, I would do it @ your property Irne @ a point nearest the source of the motorcycle noise. Look at the above set of examples and compare that to the noise levels defined in the Weld County Noise Code- and to the Colorado statutory levels' You may be surprised. Weld County: Residential Property. Maximum daytime: 55 dB(A). nighttime. 50 dB(A) Colorado Statutes: 55 and 50 (Residential/Agricultural/Rural) Industrial/construction Maximum daytime' 80 dB(A). nighttime 75 d8(A) Colorado Statutes 50 and 45 (construction) Non-Specified Areas Maximum daytime. 55 d9(A). nighmme: 50 dB(A) Colorado Statutes. 60 and 55 (Commercial) Colorado Statutes. 70 and 65 (Light Industrial) Colorado Statutes' 80 and 75 (Industrial) You can calculate the decrease in noise at your property at X # feet from the V # of motorcycles based an the above. Remember that not all motorcycles make the same level of noise so you will have to assume all of them are equal in generated noise for your example Does this help you get started? J. Phi/lip (Phil) Brewer Environmental Specialist III Weld County Department of Public Health and Environment Environmental Health Services /555 N 17th Avenue Greeley. CO 80631 970356-4000, x 2227 (office & messages) 970 30 4-6411 (Fax) 970-590-7702 (c. M-F. 8 am - 5pm) pbrewer@co weld co us iality Notice T tings are intended only for the person or enirly to which it rs addressed and may contain information that is privileged. w otherwirse protected fromdisrlosu a if you haverrece received tits communication in error, please immedratery notify sender by return a-mail and destroy the communication Any disclosure. copying. d str bulion or the taking of any anion concerning the contents of this communication or any attachments by anyone other than the named redprent is stnctiy prohibited I Attached file I 3KB image001 .1p View Sideshow Download Rep''. tc Ph Hrewer http ://36oh1c6dgmcdln-c . c .yom.mail .yahoo.net/om/api/ 1 . 0/open. . . 12/7/2012 11ir (, Fact Sheet i January 2008 ill.A P Fugitive Dust & its Effects on Our Environment There are many _ �� i 9 increase susceptibility to respiratory infections reasons,both and can aggravate existing respiratory diseases environmental such as asthma and chronic bronchitis.Even short- and health 0 term exposure to dust can increase the severity of related,why you C respiratory problems. should control fugitive dust ( J\' How can you control fugitive dust' The Department When fugitive dust is a problem at your facility you of Environmental ) may use one or more of these control measures. Quality(DEQ3 r ° Spraying water or chemicals co control dust during investigates all complaints demolition of buildings or structures,construction alleging fugitive dust.Not all instances of fugitive dust operations, grading operations or the clearing constitute a violation.However,when a violation is of land for commercial. Industrial, or residential found,the DEQ takes action- development. • Applying water,chemicals or some other covering What is fugitive dust_! on material stockpiles and other surfaces that can By definition,fugitive dust means solid airborne create air-borne dust. particulate matter emitted from any source other • Using hoods,fans,dust collectors or water sprays than a stack or chimney. Allowing fugitive dust to to suppress dust during material handling. cross the property line and interfere with the use of • Em ploy 1ng containment adjacent properties constitutes a violation. methods during sandblasting or other similar 1(/ How does fugitive dust affect public health? operations. `. yi l�`,`k C- Fugitive dust is made up of fine particles.When • Covering or wetting £J C�`i • 1y((// inhaled,fine particles can accumulate in the open-bodied • �'�`-_-�.�S� respiratory system causing various respiratory trucks, trailers, or 'v --J problems including railroad cars when L- persistent coughs.wheezingrki..111 transporting dusty b-- and physical discomfort maecrials. C��Additionally,breathing * Cleaning dusty these fine particles can material from paved street and parking surfaces. • Planting and maintaining ground cover. N. .. . laser' s. 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We Wk "' Skoi‘nN Soc Oubc ?feta Vie Qu.: er4c on► as one o9- TINA nets Z'oh+n 9b&e+a ."Ount a cue. oc Attune. CLS ‘ s ;CA" "k4,L. 1.: o t hest ate. we by et Citsc qtAA e'1/4 veaca � Res t d enktoX 1 ose itas.'. "Nbhk yay.. Kceacsburg CO Satellite MaV cw and Imoge•MapQuest • Poore 1 of 1 Notes m a pq uest. Soena properly.This is from 2009 Map Of: Keenesburg, CO nuowe.e e, ag+2 WIOw1l woof undone end rep*w sle{W to meMWuW1 isn,•l Vae Vn�eie, jnn1ee olfio =tee coca caMKns or mob Litre.Ycu awme Sr me ce use:A-r_ p EXHIBIT c-CA tint 2•00.51 hrtp://www.mapquestcom/print.+a=appmre.a6c8d2978od1fc44edf6oe22 11/30/2012 Page 1 lawn Scena's House"&,Tracks 2 • Q Dawn Scena's House &Tracks EXHIBIT ett- us,c/z-0054 Google Earth:Directions 12/13/2012 ( ; - J! h e 7} t ' >i''. rr" . . .+ . s f i t J!; .,,., , s s i r 'l. : i Z1tT±;:' _ . rte ! I .l z i'. I. I R! •• I11 ' Denver's 2012 Sunrise Sunset Table Page 1 of 2 National Weather Service Weather Forecast Office Denver/Boulder, CO SUNRISE and SUNSET 2012 Solar data for DENVER, COLORADO a Sit z-04Q Latitude 39 deg 46 min 0 sec N Longitude 104 deg 52 min 0 sec W JANUARY -JUNE 2012 (For July - December data. please page down) JAN FEB MAR APR MAY JUN sr - ss sr - ss sr - ss sr - ss sr - ss sr - ss 01 0720-0444 0707-0516 0631-0550 0642-0722 0558-0753 0532-0821 01 02 0720-0445 0706-0518 0629-0551 0640-0723 0557-0754 0532-0821 02 03 0720-0446 0705-0519 0628-0552 0639-0724 0556-0755 0532-0822 03 04 0720-0447 0704-0520 0626-0553 0637-0725 0555-0756 0531-0823 04 05 0720-0448 0703-0521 0625-0554 0636-0726 0554-0757 0531-0823 05 06 0720-0449 0702-0522 0623-0555 0634-0727 0553-0758 0531-0824 06 07 0720-0450 0701-0524 0622-0557 0632-0728 0551-0759 0531-0825 07 08 0720-0451 0700-0525 0620-0558 0631-0729 0550-0800 0530-0825 08 09 0720-0452 0659-0526 0619-0559 0629-0730 0549-0801 0530-0826 09 10 0720-0453 0658-0527 0617-0600 0628-0731 0548-0802 0530-0826 10 11 0719-0454 0656-0528 0716-0701 0626-0732 0547-0803 0530-0827 11 12 0719-0455 0655-0529 0714-0702 0625-0733 0546-0803 0530-0827 12 13 0719-0456 0654-0531 0712-0703 0623-0734 0545-0804 0530-0828 13 14 0719-0457 0653-0532 0711-0704 0622-0735 0544-0805 0530-0828 14 15 0718-0458 0652-0533 0709-0705 0620-0736 0543-0806 0530-0828 15 16 0718-0459 0650-0534 0708-0706 0619-0737 0543-0807 0530-0829 16 17 0717-0500 0649-0535 0706-0707 0617-0739 0542-0808 0530-0829 17 18 0717-0500 0648-0537 0704-0708 0616-0740 0541-0809 0530-0829 18 19 0716-0501 0646-0538 0703-0709 0614-0741 0540-0810 0530-0830 19 20 0716-0502 0645-0539 0701-0710 0613-0742 0539-0811 0531-0830 20 21 0715-0503 0644-0540 0700-0711 0612-0743 0539-0812 0531-0830 21 22 0715-0505 0642-0541 0658-0712 0610-0744 0538-0813 0531-0830 22 23 0714-0506 0641-0542 0656-0713 0609-0745 0537-0814 0531-0831 23 24 0713-0507 0640-0543 0655-0714 0607-0746 0537-0814 0532-0831 24 25 0713-0508 0638-0544 0653-0715 0606-0747 0536-0815 0532-0831 25 26 0712-0509 0637-0546 0651-0716 0605-0748 0535-0816 0532-0831 26 27 0711-0510 0635-0547 0650-0717 0604-0749 0535-0817 0533-0831 27 28 0710-0512 0634-0548 0648-0718 0602-0750 0534-0818 0533-0831 28 29 0710-0513 0632-0549 0647-0719 0601-0751 0534-0818 0533-0831 29 30 0709-0514 0645-0720 0600-0752 0533-0819 0534-0831 30 31 0708-0515 0643-0721 0533-0820 31 1 Solar data for: DENVER, COLORADO Latitude 39 deg 46 min 0 sec N Longitude 104 deg 52 min 0 sec W JULY - DECEMBER 2012 (For January -June data, please page up) JUL AUG SEP OCT NOV DEC sr - ss sr - ss sr - ss Sr - ss sr - SS Sr - SS 01 0534-0831 0558-0812 0627-0731 0655-0642 0728-0556 0701-0434 01 02 0535-0831 0559-0811 0628-0729 0656-0640 0729-0555 0702-0434 02 03 0535-0830 0600-0810 0629-0727 0657-0639 0730-0554 0703-0434 03 04 0536-0830 0601-0809 0630-0726 0658-0637 0632-0453 0704-0434 04 05 0537-0830 0602-0808 0631-0724 0659-0635 0633-0452 0705-0434 05 06 0537-0830 0603-0807 0632-0723 0700-0634 0634-0451 0706-0434 06 07 0538-0830 0603-0806 0633-0721 0701-0632 0635-0450 0707-0434 07 08 0538-0829 0604-0804 0634-0719 0702-0631 0636-0449 0708-0434 08 http://www.erh.noaa.gov/bou/?n=2012srss 12/16/2012 A Denver's 2012 Sunrise Sunset Table Page 2 of 2 09 0539-0829 0605 -0803 0634 -0718 0703- 0629 0637-0448 0709-0434 09 10 0540-0828 0606-0802 0635 -0716 0704-0628 0638-0447 0709-0434 10 11 0540-0828 0607-0801 0636-0714 0705- 0626 0640-0446 0710 -0434 11 12 0541-0828 0608-0759 0637 -0713 0706- 0624 0641-0445 0711 -0434 12 13 0542 -0827 0609-0758 0638 -0711 0707- 0623 0642-0444 0712 -0435 13 14 0543-0827 0610-0757 0639-0710 0709-0621 0643-0443 0712 -0435 14 15 0543-0826 0611 -0755 0640 -0708 0710- 0620 0644-0442 0713-0435 15 16 0544- 0825 0612-0754 0641 -0706 0711- 0618 0645-0442 0714 -0435 16 17 0545 - 0825 0613-0753 0642 -0705 0712- 0617 0646-0441 0714 -0436 17 18 0546- 0824 0614-0751 0643-0703 0713- 0616 0648-0440 0715-0436 18 19 0547 -0824 0615-0750 0644 -0701 0714- 0614 0649-0440 0716-0437 19 20 0547 -0823 0616-0749 0645 -0700 0715- 0613 0650-0439 0716-0437 20 21 0548 - 0822 0617-0747 0646-0658 0716- 0611 0651-0438 0717 -0438 21 22 0549-0821 0618 -0746 0647 -0656 0717- 0610 0652-0438 0717 -0438 22 23 0550 -0821 0619 -0744 0648-0655 0718- 0609 0653-0437 0718-0439 23 24 0551 -0820 0620-0743 0649-0653 0719- 0607 0654-0437 0718-0439 24 25 0552 -0819 0620-0741 0650 -0651 0720- 0606 0655-0436 0718 -0440 25 26 0552 -0818 0621-0740 0651 -0650 0721- 0605 0656-0436 0719-0441 26 27 0553-0817 0622 -0738 0652-0648 0723- 0603 0657-0436 0719-0441 27 28 0554 -0816 0623 - 0737 0652-0647 0724 - 0602 0658-0435 0719-0442 28 29 0555-0815 0624 -0735 0653-0645 0725- 0600 0659-0435 0719-0443 29 30 0556-0814 0625 - 0734 0654 -0643 0726- 0558 0700-0435 0720-0443 30 31 0557-0813 0626-0732 0727- 0557 0720-0444 31 2 Disclaimer Privacy Policy Credits About Us Glossary Career Opportunities wane http: //www. crh. noaa. gov/bou/?n=2012srss 12/ 16/2012 Fit „ '1 -I'm1p'I <I n- • I- I I • I• -i._ 'l - 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Ii.- - ' f.H •,~ I I; r . - . H , , 1' I 4 1 . EXHIBIT Introduction: Name, address. Put picture. C/50._ It 5q Reasons for coming to area: Retired teacher. Privilege to teach at Prospect Valley for nearly two decades. Farm community: grow what they want, raise the animals they want, and the unspoken code that you don't interfere with the rights of others, dig up a neighbor's land for your use, or interfere in their right to a quiet, private life. Nearly half of them are paramedics. Come to each other's aid even in a blizzard, or bring in crops for others who have suffered an injury. Then there was the year a blizzard stranded 110 kic and the teachers at the school and we had to stay the night, one big sleepover. They came in fire trucks .They brought pillows and blankets, bottled water. They brought a paramedic kit in case of an emergency. One stayed with us all night. A great farm community. Escaped the east west runway, built and then annexed and surrounded by Thornton. So, when friend, Mary-Ellen Bell put her land up for sale we were able to buy into this rural, agricultural environment. We have had 13 Years of peace and quiet, where I have been able to raise and train my paint horses and cut the grass on the back fields for their hay. Living there has been a peaceful and serene place to live until this past year. Under the Weld County Right to Farm Statement, the incentives which attract people to relocate to rural areas are open views, spaciousness, wildlife, !CI+, of Utz{ .'Elise, and a way of They very reason we came here. Under Article II Land Use Categories: Land use policies should support a high-quality rural character which represents the agricultural heritage and traditional agriculture. Rural character includes those uses which provide rural lifestyles, rural-based economies and opportunities to live and work in a rural environment. A motor cross race track is not an agricultural business, and does not support the high-quality rural lifestyle for 26 families who have bought in to this area. These are not just land owners. These are people who want their children to live in a community with 4-h, to raise their animals for competition, to live outside the city environments. Some have come here to retire and maybe now have time to hobby farm. A motor cross track does not fit in this lifestyle. The race track is an anomaly to our area. Under Agricultural goals and policies: 2.3 to encourage agricultural businesses and industries to include-Abase related to ranching, confined animal production, farming, greenhouse industries, landscape production, and agri•- tm nrnen',. The corn maze on 76 is agri-tainment. The corn is used as the entertainment and then harvested. The land is replanted. The only thing replanting on the applicant's property are noxious weeds and cheat grass that invade after land has been disturbed. Cheat grass is also called fire weed for a good reason. The seed of these invaders will be spread throughout the neighboring properties causing others to spend time and money to eradicate them. Since there is so much constant scarring to the land, the applicants will have to spray over a third of their property to just stay ahead. Policy 9.5: Applications for change of land use in ag areas should be reviewed in accordance with all potential impacts to surrounding properties. Two properties mentioned in the application are on road 18, already being used as commercial areas, near the highway. The salvage yard is a cemetery for old vehicles. Manuel allows grass to grow between the vehicles and then puts miniature goats out there to keep it mowed down. No open areas to blow sand. Very ecological. The Driving school is under high scrutiny. There is grass around the tracks that are of aggregate to prevent blow sand. The race track, however, is scarred land with no dust mitigation, is constantly under construction , building jumps and berms and curves, all of which is dynamic and open to the wind. There is no stabilization into final land forms, no idea of runoff, and requires permanent and ongoing grading and cuts. Comulercial goal 5 establishes shinclarcis for Issues as use Density, traffic This then goes back to why people have come to live here, build their homes and barns there, to raise their children, to retire in quiet, to leave the city noise behind. 20-40 racing dirt bikes daily seven days a week impacts everyone. There is a reason why these types of bikes are not allowed to be registered as street bikes. They give off a lot of noise. Keenesburg would not allow these to be ridden on its streets. And then there was race day when we were rudely awakened on that Sunday morning before 7AM by a blast from a loud speaker. The rest of the day was constant racing noises and trespassers. Not compatible with rural homes. Four serious grass fires damaged our property in the 13 years we have lived there—two fires burned every blade of grass and came close to burning our home. All came from irresponsible behaviors. When a blast of noise came through our west facing windows, we though there had been an explosion, and went outside to see if there was smoke. The noise was coming from a motorcycle—that explosive, loud, rattling sound you have all heard and experienced, the kind that would reverberate off of buildings in a city, the kind that would get you a summons for disturbing the peace. This noise continued for at least 10 minutes. The last volley into our living room came on December 1 at 3PM. I know this because I was advised to keep track of these intrusions. C-Goal 9 is to reduce conflicts between residents. I'm afraid that won't happen. The land owners did not find out about this race track until two weeks before the Planning Commission meeting, and the only reason we found out was because one land owner overheard a conversation. Through emails and phone calls we arranged an informal meeting of the neighborhood and restaurant in Keenesburg to discuss the application. Over 24 neighbors came. Bob Sevier came. He lives on road 20 south of me. He is in favor of the race track and a friend of the applicants. When asked why he came, he said he was a neutral observer. At the end of the meeting, Mr. Sevier rounded the table, visibly furious, and called us all vile names including streams of profanity. When he was asked to just leave, he got in the face of a neighbor like a playground bully and tried to start a fist fight. Others came forward and he left. But it did not end there. A neighbor attending the meeting related that he and a handful of others were contacted by Mr. Law, the co-applicant, and with vile language threatened retribution if this application did not go through. Saying he would ride his 450 dirt bike all over neighbor's properties and he didn't care how many times he was arrested. One of those neighbors recorded the phone call for reference later if he should need it. And some of us have been shown how to count to one. So you can see that the ship of reducing conflict has already sailed. This is not the place for this enterprise. Two tracks running daily-40-100 bikes requested, some at the same time, tuning up bikes with loud reverberations and then practice racing on the tracks, or the constant traffic it will produce on our roads. This does not fit in this community of over two dozen families who came here to live in peace and quiet, to escape the city noise. There are wide open places in Weld County, near major roads where a race track would fit, where homes are not in sight, where they can grind out those loud motors all they want. It does not, however, belong in our back yards. Commissioner's Hearing 12/19/12 -Intro. Myself ## -Show before and after pictures. Moved down from Greeley in 1996. -This house (a modest 1,600 sq. ft. building) and our property have been the focus of our time, efforts and investment for over 16 years now. This is our slice of heaven and we have loved living in Weld County. -When the motocross race track operated last spring we were amazed at how loud it was. It was much louder than the neighbor's ranch 4- wheelers. It is a particularly grinding, knarling, rasping sound that grates the nerves and penetrates walls and windows. Even at % mile away, their public address speakers clearly kept us well informed on the races. Worst of all, it went for 10-12 hours a day. It forced us inside. We closed the windows and we could still hear it. We finally had to turn up the radio to drown it out. We are outside people who love nature. This was a real problem for us. -There are 26 families within a 1 mile radius; they are unanimous in their opposition to this USR, except for one. There are 155 neighbors that signed the petition opposing this URS. Will they be heard? Nearly everyone lives here for the peace and quiet. 3 -This proposed land use is incompatible with current and future land use in the area. Either the residential agricultural community will go I ES II crsa�/t _ _? away, or the motocross race track will go away. This will never be a viable combination. -It's like trying to force a square peg into a round hole. A lot of damage will be done trying to push them together and then they won't stay together anyway. -Can we mitigate the problems associated with a motocross race track ftto an acceptable level, the County Code level? -It is scientifically impossible to mitigate the problems associated with noise by any practical method. We have read about noise mitigation techniques tried around the country, and even around the world, some have been very creative and some sounded great on paper. However, there is only one way that works. Enclose the entire track with a building. Unfortunately, this concentrates reflected noise and dust for a very unhealthy interior space. So, even that is no solution. -Will it affect health, welfare and safety? ii -In some countries, they use exposure to annoying sounds as torture. Why? Sound will hurt. Then do it 10 hours a day, seven days a week, for six months a year. This is torture. It will affect our health (physically and mentally) and thus our welfare is put in jeopardy. Safety? With congested country dirt roads bringing in hundreds of the unsupervised urban enthusiasts with little to no respect for our way of life. Yes, this affects our personal safety and the security of our property. it -Does it comply with the County's Comprehensive plan? -The first three points are: #1 A timely process. #2 An open process. #3 Open communications. The answer unfortunately is very simple. No, no, and no. I'll discuss this further. ft -Does it fit with the Ag Zone district? A motocross race track is a contradiction in every sense of the word. It is the antithesis or just the opposite of what would be expected in an Ag Zone district. tit nivNal -We are here today to ask you to deny URS12-0059 P► wt�xiuU� & l KO T1 -It is a question of property rights, leglafreliMpiarrightS. Does Ms. Scena have the right to operate a motocross race track on her property in Keenesburg, or do her neighbors have the right to peace and quiet? That is the question we must wrestle with here today. -Most unfortunately, there is no middle ground. The neighbors will not bargain down from a full time nuisance to a part time nuisance. Our peace and quiet is sacred. o say,tra_dOs allo"ed to ip:erate liob ap to ay, eta rtui9 c o g day: -What is a nuisance? ## -Read the definition -Is a motocross race track a nuisance? Good question. Yes and no. -Motocross is a growing sport. Some in our group of neighbors are enthusiasts. Although it seems risky, it could be a reasonable business prospect, if located correctly. -Location, location, location. It makes all the difference. -Location is what makes the difference between being a nuisance and not being a nuisance. There is a right place and a wrong place for a motocross race track. That difference is determined by how the neighbors feel about it... It's that simple. -There are many places in Weld County where a motocross race track could be built in a supportive and encouraging environment, even for neighbors up to a three mile radius. If Ms. Scena and Mr. Law were serious about starting motocross racing business, they would go searching for land that would welcome them and neighbors that would encourage them. Their neighbors could be other businesses like shooting ranges, light industrial, etc. and other high noise businesses. at. -URS12-0059, if approved, becomes an aggressive and invasive nuisance that will have adverse effect on the lives of people living around it as well as their agricultural pursuits. This causes resistance that does not abate over time. Where resistance exists, it will grow with ever greater citizen discontent until the nuisance is removed. -Starting a new business? It's tough. I've done this three times in my career. The first thing any new business must do, if it wants to survive, is to mitigate risk that threatens operations and investment. Poor risk management kills most new businesses. -This could be a text book example. By choosing an established residential-agricultural area, the applicants have chosen to spend as much time fighting with their neighbors as they will spend trying to run a business. This won't work for very long. If they are successful, their neighbors will go away. If they fail, they will go away. -Ms. Scena and Mr. Law should know that secretively forcing your way into a hostile environment increases risk substantially. It's foolhardy. -What works better? -Talk to your neighbors! -It is not only courteous and respectful, it's simple good business. It protects your assets and investments. It must be the 'timely and open' process the Comprehensive Plan calls for. t find neighbors who will support and encourage you. That1/2 where you can future. Buy that land-and-start your business where it can grow and prospei:Energies can be spent operating a business rather thing fights with the neighbors and the County,J.usting a new business takes 110% of your time. How much do they have to spare to fight with neighbors? -This applicant knows--- the more neighbors who knew about this application---the more resistance they would face. It's simple math. -If you want an adversary, just tell him what your plans are. -If you don't want an adversary, don't tell him, keep it secret. -Their strategy was to 'Keep it secret' as much as possible, but of course, while 'appearing' to comply with County requirements. In this case/that was easy. -The closed, secretive process is a mistake and it will end in failure for everyone. Here the County also must take some blame for zoning notice requirements that are inadequate for our rural setting. These procedures must be changed to prevent numerous repeats of this expense for everyone. -The County requires applicants to notify adjacent or property owners or within 500'. Out where this is happening, that presents little challenge to the secret, even for a motocross race track, whose impact on an area is enormous. -To the south: a friend's vacant land. To the north and east: a property well into foreclosure. To the west: state owned acreage. Who's going to object? Literally... nobody was home. Nobody was home. Nobody. ## -The applicants were then required to display a public notice sign at the end of their driveway for 10 days prior to the Planning Hearing. 'UjelYelC,krc c Dkiclif thKA'6 -We went over there rightenay4o check and this is what we found. It might be comical to some, but not the neighbors. ##-I went over a couple of days ago to see if they had actually posted ,4_,e,4_,e- „one k L. it, it would have been easy with a post already there. No, it hadn't changed, still face down,. The applicants drove past this face down sign for weeks. This was no accident, this is an attitude. This is intentional non-compliance. -This non-compliance shows disregard for the spirit and intent of current County requirements. The public as well as the neighbors have the right to know about such an invasive and aggressive threat to their peace and quiet. That is the intent of the Comprehensive plan. (-We found out about it second hand, by a slip-of-the-tongue by a proponent. Once the cat was out of the bag, news spread like a prairie fire on a windy day.) -This applicant already has a history of non-compliance, even before our meeting today; as we all know they operated for over a week without a permit, failure to get excavation permits, and this are examples. This is a good predictor for how they intend to comply in the future. -Supervising Their future compliance will take a huge effort on part of the neighbors as well as the Sheriff's and Public Health departments responding to showers of complaints. Of course, you won't be spared either with all the Hearings that will result. It's not funny. -There were 2 motocross race tracks in the Keenesburg area in the last few years, one a few miles east of town and the other down by the Animal Sanctuary. Both were shut down within months of opening due to a variety of non-compliance issues reported regularly and with great sincerety by the neighbors. -I looked at the files on the County website. I thought I'd print them so I could read them sitting in my easy chair. My printer ran out of paper at 60 pages and it was still going. After reviewing this material, I was amazed at the cost to taxpayers for all the County's administration time, a long series of Hearings, endless Sheriff calls, public health visits and tests, that went on and on. It was like déjà vu. They went through exactly what we are going through now. -Do we learn from history or do we do it like the movie Ground Hog Day where we just do it over and over again? • -Opening and then closing motocross race tracks has been very itexpensive for County taxpayers. We are hoping that we don't have to go through this yet again. Will this be the last time? Not likely unless some rules are changed. -Noise is our primary issue, but definitely not our only issue. We are also very concerned about dust and blow sand pollution, fires hazards, security, waste and traffic issues. Not the least of which is a radicle decline in our real estate values that will result. -IffrI Who would buy a house or farm near to a motocross race track unless it was cheap, very cheap. Experts believe that loss in values will likely range between 10 and 25% depending on the circumstances. -Add up the appraised value of all the neighbor's properties and it j quickly tops $10 million. This resulting losses will be in the millions. Revised appraisal values will force some to be upside down on their mortgages. For others, it just subtracts from their life savings. Yes indeed, that is very upsetting. We have worked too hard and too long. -There are 5 issues related to URS12-0059 that will affect the County. ---Is it compatible with existing and future land uses in the area? Clearly not. Current land uses in this area cannot co-mingle a motocross race track. Nor will they grow comfortable together over time. t• ---Will it be possible to mitigate the problems? The County and the applicants want to-be-optimistic-about-this-so titephaven't yet acknowledged that there is no proven, practical, nor scientific way to mitigate noise to a level acceptable to the community around it. Mitigating dust pollution, fire hazards, security, waste, and traffic issues will require the County's effort and investment, or it won't happen either. ---Will public health, welfare, and safety be affected? Without question. A rural agricultural community is not equipped to AD deal with these issues and County resources are limited. The applicants resources are even more limited. We do not feel safe, or securekNothing has been done that could give us any confidence or trust. ---Will it meet the goals of the County's comprehensive plan? This is interesting and could be discussed at length. The one thing that cannot be debated is the method used to gain access and approval without the knowledge of their neighbors. This is the 'fast and closed' method which contradicts the first three points made in this plan. The ' e. ---Does this land use meet the intent of the Ag zone district? Agriculture, residential farming and ranching is the intent of the Ag Zone district. A motocross race track is a different world, a different planet. It's a total contradiction to the Ag Zone District. ��:r r� ; .j hit t (FH�t r' i (. 9: i ,� oC. Nil.' ; is c. , ; it ,� r�e�eN��u ' •: �?phi ' i" / i/ v I'tous imarIcr 7/: mit /if - 0 i s- lit ogabiskii Our residential/agricultural community rejects this motocross race track because it will become an aggressive and invasive nuisance on day-one of its operation, and it will continue to be a nuisance until it is finally shut down . Between those two events, there will be great discontent . Your vote today will determine if these residents and the County must endure that. i bieis simply in the wrong place to put a motocross race track. We ask you to acknowledge that today and save us all great discomfort. Thanks you very much . 1 y� a 411 ,..„, ___,...,,,,,..i.fs‘ r Ufa•: -R�' 4 —_ _ }k eat r . ,, .., \ ,itt ,,,, ,,I, ... Ana ix y' • s4a. •rii i s 1�yg � 'CZ.' . ir T-19-14 2, u t ..v•..v•wr y�- .. 1 I !S ,• o -s. .Y d 1 °Y.. t C j 4. 'ki ( ,. . ,. _14�. I 1 .w kg. .,\. , A,; 4 ,, - , r F471 M s •d • . 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Such activities as obstructing a public road, polluting air or water, operating a house of prostitution, or keeping explosives are public nuisances and constitute criminal violations. A private nuisance is an activity or condition (e.g., excessive noise, disagreeable odor) that interferes with the use and enjoyment of one's property and that may be a cause for civil litigation. PETITION -- WE THE UNDERSIGNED OBJECT TO A MOTO-CROSS DIRT BIKE RACING TRACK PROPOSED IN THE MIDST OF OUR HOMES, FARMS, LIVESTOCK AND CROPS. LOCATION: 9264 WELD COUNTY ROAD 55 KEENESBURG, CO. STATUS: PROPOSED COUNTY USE PERMIT USR 12-0059 COMING UP FOR A PUBLIC HEARING DEC. 19, 2012 We the undersigned Neighbors, the surrounding property owners, agricultural community, want to tell the board of commissioners that we strongly and adamantly object to allowing the permit application USR 12-0059 to be granted to the motocross/motorcycle track as stated above. We believe that the negative consequences to the community encircling the motocross/motorcycle track will affect the public health, safety, and welfare of the surrounding area including the town of Keenesburg. Our reasons are simple the first issue is the affect of the Noise on a daily basis for a three mile radius during the motocross/motorcycle tracks hours of EXHIBIT, operation, dust mitigation, fire risks and concerns, increased traffic on the dirt county roads, access to and from the facility, emergency response, environmental issues; such as wastes and hazardous waste, air pollution, ground water contamination, and finally the loss of the peace and quiet of an agricultural/residential community. WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS! Name Address Phone Email Ate 3G;(ctL{ ( tioAcN c C 301 -570 -s-6 /A-1/ ? 76 \c•-,5 `i' KC:e1 \<000f\AEli n 1}-10 L 1AL`i CZYe(ile5b. (r) gat LIS 3-Cdz r17C� ' --r, / ,‘ 3✓0z,,g,v}h ,d G9- 3.63-7z�-4, Y137 4 69 c« 4-A— zi7C.S , e‘,,ii, 3O 5 73-7-%303 ?erg CiZ <S ee;.,es i,-- 3 sla3 -9 S., g,at,1 ' `i 3 X�D t / ' A uc 61,=,,A/ -,P,,e:G- x73-J eleP` ( ,L.( JAI IL k ?MSG ✓L/7fi kPerit Ait-t (_,5 . 733- Ik39 if e( ( c.)(1 ,1- 1:(/c) Sc99vC 30> - i3Z 43c) l � J WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS! Name Address Phone Email &c - \. \0S\ Q2t-\\ E1-ozcs Q C1 grICY:STA 11111 reiic: ($Cc )oinonb') z15U& 1k'{A-/6a -S7k-.96a6 �csr ..:_j</%igivitn.,,) 3/wiety..51f'LZrG57X.�'�Cv Its- Y e:#3/ y3vive ;o624 co. - P..er ekv <6(ciZe, . ' 737 /C)G I1 �j / ' f q Ir , filla �IIC 105hc cc '-It I CISC11,(U 3 � / 1 t)W'bc/ (rC ,coodQ ,CJII' N}.O h C ,C (Latch:- L1 3 4l So il ., /� o s L iu C7 rc-id \C,VeLr\,Ar_ k\O\J � A-OestiSD E. 11t,-‘11L- k Au sbu Cc 74/6-1c Pfole:/30n 2:53"7 et 7 f<teilemb-c o a) 720- ,f7-51-35 enns r o�J q00 1 x.3 ,neefi l eo :503Zio i'ck g� 4c;,/ , . e537L✓qz SI /iee,i -Slii (CI 3 _ rii- oc3/ , J1 i q11.6 \'&51 . i >lb // 51S-1. 1161 c�itieknsl)� 4 a to •� �l�C L( I. l bCCztLbnr �' V\ iee�i sb��.u- 3/2 e- -,.3--) c =? 1 na:(C1ci`unIA 3? n 11 O& (al ( rit5barq -2I O& l 4 ✓-7ar/ A7 /Gso Cc.L.�„0,-,L0, �„ ej.6,< cc' ihs-s - os A '7, &Si ri 5 Y r 4 tr 5/ova/2G .kfiZ, ,l iigq UcR 63 Kee,14?Sb417 3 / 73a- Uq / WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS! Name Address Phone Email 303 7/� 5' ?e.() te [tog LO �r'G�C� wc �� '1 ire eA-/es SL"4`S kyeIi�[u ;i griP q ycl J4jj Sy I/Dsd, 3°3 p oilcan 7:, ,f4 �Q"a i- A/92 //4c'/ /446(4 -*5- 6vrs�� iZ 1 �J �1 e' r o1 3cit, 5 ,13 C LI . 2 1i' e7 GU ) k., z z li3I/ ti,4?' 033 -5 5€;)41 P;tv\ ci 41C4Alit7i 3 -13z- I0 Sear ,/i/', f%(9'r/Do-diet y7 9 �,-./4 C7 1/z ,'?3-7z el2rt-yey g k l� 57 ' fl 23, CO . :3-7 /C9c --PETITION -- WE THE UNDERSIGNED OBJECT TO A MOTO-CROSS DIRT BIKE RACING TRACK PROPOSED IN THE MIDST OF OUR HOMES, FARMS, LIVESTOCK AND CROPS. LOCATION: 9264 WELD COUNTY ROAD 55 KEENESBURG, CO. STATUS: PROPOSED COUNTY USE PERMIT USR 12-0059 COMING UP FOR A PUBLIC HEARING DEC. 19, 2012 We the undersigned Neighbors, the surrounding property owners, agricultural community, want to tell the board of commissioners that we strongly and adamantly object to allowing the permit application USR 12-0059 to be granted to the motocross/motorcycle track as stated above. We believe that the negative consequences to the community encircling the motocross/motorcycle track will affect the public health, safety, and welfare of the surrounding area including the town of Keenesburg. Our reasons are simple the first issue is the affect of the Noise on a daily basis for a three mile radius during the motocross/motorcycle tracks hours of operation, dust mitigation, fire risks and concerns, increased traffic on the dirt county roads, access to and from the facility, emergency response, environmental issues; such as wastes and hazardous waste, air pollution, ground water contamination, and finally the loss of the peace and quiet of an agricultural/residential community. WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS! Name Address Phone 7S-41 Email Wi idt1�1.1,C W S'rAv, G2,,t/2e C7p L/54) ✓r ,r/SA,-s ✓ ; j c-e. NUScn'1 I3o P--e1 ill hi- Mr. 1 tr a1I - 1517 deck. nzkcne Ccenc& illIA 4I-ld C=loic ee !slut ADS- X33--t'-ta 1O44 rip hn Uc5‘ G,d :Z6 A/14-• MAif 41 5tMe0 C.c ' 3-%33-I9 $s..o7fi/1d,/letLs ,2 Z/ n9au,vL;r Lnl 17e 38i 1/r3'! —CSsitir 1P5`/ Gyps, CC«k (7,20) 34. g38S N/h 14 `/ 72o Z61/ — 7 /// 12143 CR32.S 170- 7gr437 WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS! Name Address Phone Email 1/4Ater— to<(ik•p k k *4?ctf-7BI JwNfla/-�y-}.us e eye, Ii efe e A✓E mss&cwt"aa oaks. n Zf fa uaL fit;iedai M&X 1127 34e1-833 ary�a t U 7 r �aoL P. �.. O -22 - r - PETITION -- WE THE UNDERSIGNED OBJECT TO A MOTO-CROSS DIRT BIKE RACING TRACK PROPOSED IN THE MIDST OF OUR HOMES, FARMS, LIVESTOCK AND CROPS. LOCATION: 9264 WELD COUNTY ROAD 55 KEENESBURG, CO. STATUS: PROPOSED COUNTY USE PERMIT USR 12-0059 - COMING UP FOR A PUBLIC HEARING DEC. 19, 2012 We the undersigned Neighbors, the surrounding property owners, agricultural community, want to tell the board of commissioners that we strongly and adamantly object to allowing the permit application USR 12-0059 to be granted to the motocross/motorcycle track as stated above. We believe that the negative consequences to the community encircling the motocross/motorcycle track will affect the public health, safety, and welfare of the surrounding area including the town of Keenesburg. Our reasons are simple the first issue is the affect of the Noise on a daily basis for a three mile radius during the motocross/motorcycle tracks hours of operation, dust mitigation, fire risks and concerns, increased traffic on the dirt county roads, access to and from the facility, emergency response, environmental issues; such as wastes and hazardous waste, air pollution, ground water contamination, and finally the loss of the peace and quiet of an agricultural/residential community. WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS! Name Address Phone Email ( 17R. Cf2 S s�i1-I f 2-5 J Lt- .O<V15C6 MI • 305'73 Z I-(43T `'7214 ruin 6?-t-\\N\.,' -c- A 35 3 -1 3 cri 3 S C Ect1 a i«; wt 3 r .et 1 A„A.< 7t2.6 - 1/ 1()L-71 -ee-e aQl c kyr,,(/ 3c'-,5 icy- 251? Azp.,J tf luGrtE PETITION-- WE THE UNDERSIGNED OBJECT TO A MOTO-CROSS DIRT BIKE RACING TRACK PROPOSED IN THE MIDST OF OUR HOMES, FARMS, LIVESTOCK AND CROPS. LOCATION: 9264 WELD COUNTY ROAD 55 KEENESBURG,CO. STATUS: PROPOSED COUNTY USE PERMIT USR 12-0059 COMING UP FOR A PUBLIC HEARING DEC. 19, 2012 We the undersigned Neighbors, the surrounding property owners, agricultural community, want to tell the board of commissioners that we strongly and adamantly object to allowing the permit application USR 12-0059 to be granted to the motocross/motorcycle track as stated above. We believe that the negative consequences to the community encircling the motocross/motorcycle track will affect the public health, safety, and welfare of the surrounding area including the town of Keenesburg. Our reasons are simple the first issue is the affect of the Noise on a daily basis for a three mile radius during the motocross/motorcycle tracks hours of operation, dust mitigation, fire risks and concerns, increased traffic on the dirt county roads, access to and from the facility, emergency response, environmental issues; such as wastes and hazardous waste, air pollution, ground water contamination, and finally the loss of the peace and quiet of an agricultural/residential community. WE THE UNDERSIGNED OBJECT TO THE GRANTING OF THE USR 12-0059 PERMIT APPLICATION BY THE BOARD OF COMMISSIONERS ! Name Address Phone Email 747171741" / J6 .9c-Ps5 .?Li 56sPI tiro s� 6- ft/ 027, 3403 • • ? WEL Gur/Cat aecsun 6y Hello