HomeMy WebLinkAbout20123585.tiff HEARING CERTIFICATION
DOCKET NO. 2012-94
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR12-0059, FOR A MULTI-USE RECREATIONAL PARK (MOTOCROSS) IN THE
A (AGRICULTURAL) ZONE DISTRICT- DAWN SCENA, CIO NORMAN LAW
A public hearing was conducted on December 19, 2012, at 10:00 a.m., with the following
present:
Commissioner Sean P. Conway, Chair
Commissioner William F. Garcia, Pro-Tem
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Brad Yatabe
Planning Department representative, Diana A,ungst
Public Works representative, Heidi Hansen
Health Department representative, Lauren Light
The following business was transacted:
ID I hereby certify that pursuant to a notice dated November 2, 2012, and duly published
November 7, 2012, in the Fort Lupton Press, a public hearing was conducted to consider the
request of Dawn Scena, c/o Norman Law, for a Site Specific Development Plan and Use by
Special Review Permit, USR12-0059, for a Multi-Use Recreational Park (motocross) in the
A (Agricultural) Zone District. Brad Yatabe, Assistant County Attorney, made this a matter of
record.
Diana Aungst, Department of Planning Services, presented a brief summary of the
proposal, referral responses, and location. She explained the application is intended to address
a zoning violation for operating without the proper permits, and she reviewed the existing
structures on the site and the surrounding land uses. Ms. Aungst indicated she received
various letters of concern regarding dust, noise, reduced property values, etcetera. She entered
the favorable recommendation of the Planning Commission into the record and displayed an
aerial map and photographs of the site and surrounding area. At the request of
Commissioner Kirkmeyer, Norman Law indicated the locations of the residences in support of
the application. Ms. Aungst completed her presentation.
IE Heidi Hansen, Department of Public Works, provided a brief overview of the transportation
plans and requirements. She stated Development Standard #6, regarding the maximum
number of motorcycles, was amended at the Planning Commission hearing; however, her
comments are based on the application materials, as no additional information has been
provided. She also reviewed the traffic control necessary for large temporary assembly events,
circulation, and tracking control. Ms. Hansen stated an Improvements Agreement will be
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required for County Road (CR) 55, no parking or staging of vehicles will be allowed on the
County roadway, and a water quality feature will be required.
El Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions (portable toilets and bottled water), Waste Handling Plan, restriction of
storage/sales of fuel, Dust Abatement Plan, and noise restrictions.
In Phil Brewer, Department of Public Health and Environment, referred to a document
dealing with past noise readings at a similar facility, as well as current noise studies he
conducted at the subject site and a different site within the County. He reviewed his findings for
the record and responded to questions from the Board regarding his opinion on the impact to
surrounding residences based on the lack of complaints from the other facilities.
El Commissioner Kirkmeyer commented the lack of complaints does not imply it isn't noisy,
and Mr. Brewer agreed the noise is a constant background noise, although not necessarily in
excess of statutes.
Dawn Scena, applicant, stated the site is smaller than the tracks visited by Health staff,
there is a ticket booth for the one event which was held earlier this year, and they want to have
the track open for practice purposes. She explained they intend to be open in the fall and spring
for practices before the race season starts, it will not be open to the general public, and the site
is approximately 30 acres in size. Ms. Scena indicated they anticipate three to four special
events per year, the one race that was conducted had more than 400 participants, camping is
not allowed, they did not have dust or traffic problems, and the track is in a slightly lower area to
help control noise.
E Chair Conway invited testimony from members of the public who are not able to return
after the lunch break. Robert Severe, surrounding property owner, indicated the location of his
home and he reviewed the topography of the site. He stated the noise is not a negative impact,
this is not the type of facility that will draw large racing events, the site is mowed, water trucks
are on the site to address any fire hazard, there is no overnight camping, and fires and alcohol
are prohibited. He stated the use is consistent with the other recreational activities in the area,
and questioned certain signatures on the petition which are from individuals who do not reside
in the immediate area. He responded to questions from the Board regarding his observations at
the event and common riding activities conducted by other residents in the area. He stated he
has lived in the area for 12.5 years, the area is primarily sandy grassland, with some limited
farming, the track was started as a kid track three years ago, the equipment is highly
maintained, and it will not be a pollution issue.
El Christine Curl, surrounding property owner and Realtor, stated she moved to the area 11
years ago, and since that time many impacting uses have moved into the area (kennel, pig
farm, dairy, motocross). She stated the adjacent properties are primarily rural residential, and
she expressed opposition to the noise, exhaust fumes, and dust. She displayed an aerial
photo/map, marked Exhibit O, depicting 26 surrounding residences within a one-mile radius,
and she stated the use will negatively impact property values, it is not consistent with the
existing uses, and will result in the loss of property tax revenue. She responded to questions
from the Board regarding sales comparables around the other motocross facilities.
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ID Chair Conway recessed the hearing until 1:30 p.m. Upon reconvening, Peter Brown,
surrounding property owner, stated his primary concern is noise and there has been no
testimony on how the noise will be mitigated down to the 55 decibel limit. He stated the plan for
straw bales to mitigate noise is infeasible due to the topography, there is no difference between
noise generated by a race versus practice runs, and all of the listed criteria within the Code
must be met to justify approval.
El Clarice Tyler, surrounding property owner, displayed a DVD, marked Exhibit P,
demonstrating the noise generated by three motorcycles, which were running beyond the fall
deadline. She reviewed the basis of decibel readings and displayed a chart, marked Exhibit R,
which she reviewed for the record. She also displayed an article from the Dirt Rider Magazine
titled, "Off Road Bike Exhaust Noise Test— Feature Review,"marked Exhibit S, and commented
the area residents and employees will be exposed to noise in excess of healthy levels. She
displayed an Environmental Noise Control Study, marked Exhibit T, and commented although it
is a popular sport, there are a lot of acoustical problems associated with it. She expressed
opposition to 24/7 operations, with impacts to residents and livestock up to five miles away.
She reviewed other instances of unsuccessful attempts to mitigate noise, and submitted a copy
of a court ruling, marked Exhibit U, and a Resolution revoking a similar facility in Weld County,
marked Exhibit V. Fl In response to Commissioner Garcia, Ms. Tyler reiterated there were
only three motorcycles in the video and she could not testify to the decibel level in the video
which was taken from the West's property and amplified through the room's microphones. She
indicated there are no mitigation measures in place at this time.
Fl Jerry Feather, surrounding property owner, stated the County has not received complaints
because the two adjacent houses are in foreclosure. He stated the speakers create noise in
addition to the bikes, the trees are not sufficient to mitigate noise or dust, and traffic will be
significant during events, in addition to the oil and gas activity already in the area. He stated the
applicants have not contacted the neighbors, the proposed activity will damage the land, and
there is no fencing to contain the riders. He also asked whether there will be EMT's, security or
traffic control, and he expressed concern with decreased property values. If approved,
Mr. Feather requested the mitigation measures be in place before any riders are allowed, and
he displayed a photograph of an earthen berm, marked Exhibit W.
Fl Vern West, surrounding property owner, displayed a photograph of his home, marked
Exhibit X(1), and expressed concerns with safety and noise, and opposition to a commercial use
which is inconsistent with the agricultural nature of the area. He cited inconsistencies between
the application materials and the applicant's verbal testimony, and he displayed a photograph of
the access road, marked Exhibit X(2), which is not suitable for emergency responders.
Mr. West displayed a photograph of the barbed wire fence surrounding the site, marked
Exhibit X(3), which is dangerous to riders and is not consistent with the intent of the
fencing/screening requirement. He expressed concern with dust, exhaust, and noise resulting
in health problems. He displayed a photograph of the site depicting a direct line of sight,
marked Exhibit X(4), a noise chart, marked Exhibit Y, an aerial photograph, marked Exhibit Z,
and his presentation notes and research, marked Exhibit AA.
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ID Patricia Draper, surrounding property owner, stated she has lived in the area for 14 years
and she displayed a picture of her home, marked Exhibit DD. She expressed opposition to the
commercial venture and displayed aerial photographs of the Scena property, marked
Exhibits CC(1) and CC(2), showing the site before and after the track development. Ms. Draper
submitted a Sunrise/Sunset table, marked Exhibit EE, indicating the noise will conflict with
bedtime hours for school children. She expressed safety concerns regarding the barbed wire
fencing currently surrounding the site, and if approved, requested the following: weed-free
certified straw bales for noise control, daily watering of the tracks, traffic control during events,
fire mitigation to protect surrounding homes, a professional security company, and trash
removal. She stated the use is incompatible with the surrounding rural residential/agricultural
community, and she submitted her notes, marked Exhibit BB.
El Judith Luke, surrounding property owner for 13 years, displayed a photograph of her
home, marked Exhibit FF, and indicated the proposed use is not an agricultural business and
the weeds and noise already negatively impact the existing residents in the area. She stated
the use does not comply with the goals and policies of the Comprehensive Plan, the area
residents were not adequately informed of the proposed application, and she described
instances of conflicts between the neighbors. She submitted her comments, marked
Exhibit GG.
John Jervis, surrounding property owner since 1966, indicated he cannot see the track;
however, he can hear the noise and see the dust generated by the motorcycles. He displayed
photographs of his home, marked Exhibits 11(1) and 11(2), expressing concern with fire hazards,
and indicated the constant noise can be heard within their home, it is very irritating, and it lasts
for hours. He submitted a petition of opposition, marked Exhibit KK, signed by 26 residents
within a one-mile radius who are unanimously opposed because it will be impossible to mitigate
the noise, it will result in harmful health impacts, and it does not comply with the Comprehensive
Plan or the A (Agricultural) Zone District. He spoke in favor of the property rights of the
neighbors, read the definition of "nuisance" for the record, marked Exhibit JJ, and displayed
photographs of the public hearing sign, marked Exhibits 11(3) and 11(4), showing instances of the
sign's contents being obscured from view. He stated the applicants have demonstrated
repeated instances of conducting activities without the proper permits, and allowing the use will
result in multiple complaints and the likelihood of a failed operation and revocation of the permit.
He reiterated concerns regarding dust, noise, fire hazard, decreased property values, security,
and waste, and indicated the five primary issues are: incompatibility, inability to mitigate impacts
to the public health, safety and welfare, limited resources, it does not comply with the
Comprehensive Plan or the intent of the A (Agricultural) Zone District, and it is located in the
wrong place. He submitted a copy of his comments, marked Exhibit HH.
la Bonnie McIntosh, surrounding property owner, expressed concern with the race track
being surrounded by a barbed-wire fence and the safety hazard posed to riders. She
referenced offensive comments made by Mr. Severe, and asserted the March event resulted in
excessive dust. She acknowledged they were informed by the applicant before the event;
however, it was not an accurate representation of the event which later took place. She asked
why her rights seem to be less important than those of the applicant.
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IRproperty owner, indicated the northern segment of CR 57 is
Kathy Kovanda, surrounding p p yg
privately maintained, and the noise negatively impacts the feeding and training of her livestock
and limits their hours of sleep. She expressed concern with the inconsistency in the applicant's
testimony regarding whether the track will be open to the general public, or not, and stated the
commercial use will degrade the quality of life for the surrounding residents. There being no
further comments, Chair Conway closed public testimony.
ID Ms. Scena referred to the photographs previously submitted, and addressed the public
comments stating: there are other noise generating uses in the area, age does not dictate who
supports or opposes the proposal, the neighbor with the property under foreclosure does still
reside there, and the petition includes signatures of people who do not reside in the area. She
further stated she did not feel comfortable approaching her neighbors, her personal horses were
not impacted by the March event, she would prefer a different type of fencing material as
directed by the County; however, the barbed wire fence is not located on her property, and they
did abide by the requirements of the County and obtained a Temporary Assembly Permit which
provided for EMT and security services. She also stated the DVD video included her own
children riding the property who range in age from 12 to 30 years old.
IE In response to Commissioner Rademacher, Ms. Scena explained they would have to
purchase their own water truck for dust control. a In response to Commissioner Garcia,
Ms. Light clarified Condition of Approval #1.L requires a Noise Mitigation Plan. Ms. Scena
described the PA system and the ability to transmit announcements to riders via an AM radio
station. She indicated they do not currently plan to have EMT's on the site during practice
times, which is consistent with other tracks in the region. El Responding to Commissioner
Kirkmeyer, Ms. Scena stated a water truck will be used to control on-site dust, three-foot stacks
of straw bales will help control noise to 55 decibels during the day and 50 decibels at night, the
site is very sandy to reduce the fire hazard, they have not done a sound study, the notification
sign did pop back up after the snow melted, and no camping will be allowed. El In response
to Commissioner Rademacher, Ms. Scena explained the practices need to be held during the
weekends when people aren't working, and the hours are proposed to be from 10:00 a.m. until
dusk.
El In response to Chair Conway, Ms. Scena indicated agreement with the Conditions of
Approval and Development Standards, as proposed. Commissioner Garcia commented his
primary concern is denial of the application will leave the private use unregulated and will not
prevent individuals from riding on the County roads; however, he is not sure how to adequately
mitigate the impacts, if approved. Commissioner Rademacher agreed a USR can regulate
stronger than a Use by Right.
la Commissioner Kirkmeyer stated she lives near a similar facility in a rural area, and the
difference is the impacts that happen as a result of activities of residents in the area, versus
allowing a commercial operation and drawing in more activity from the outside. She asserted
there is not noise, they have submitted a Dust Abatement Plan, there is not much more for the
Board to mitigate, and the applicant bears the burden of compliance.
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Commissioner Long commented a permitted business will increase the intensity and
frequency; however, it is not the burden of the Board to determine the appropriate business plan
and mitigation measures. The use is simply not compatible with existing uses.
ID Commissioner Rademacher commented even if denied the neighbors may still be
impacted by the private uses by right.
e Chair Conway concurred with the comments of Commissioners Long and Kirkmeyer due
to the apparent inability to mitigate the impacts. He stated approval would mitigate the use to a
point; however, he believes that the use would be set up for failure. He encouraged the
applicant to work with the neighbors in such a way that they may be supportive of their private
activities.
IR Upon hearing discussion, Commissioner Garcia commented the proposed plan is not
consistent; however, a better study and solid plans to mitigate noise and dust while working with
neighbors may be compatible. He also stated the notice was done in accordance with the Code
as evidenced by those in attendance.
lEi In response to Chair Conway, Ms. Scena stated she has reviewed, and agrees to abide
by, the Conditions of Approval and Development Standards, as proposed.
El Commissioner Garcia moved to deny the request of Dawn Scena, do Norman Law, for a
Site Specific Development Plan and Use by Special Review Permit, USR12-0059, for a
Multi-Use Recreational Park (motocross) in the A (Agricultural) Zone District, based on the
findings that it does not meet the goals of the Comprehensive Plan, is not compatible with the
existing land uses, it does not adequately mitigate the impacts to protect the health, safety and
welfare of the public, and it does not meet the intent of the A (Agricultural) Zone District. The
motion was seconded by Commissioner Kirkmeyer. Commissioner Rademacher thanked those
in attendance for their input and urged the neighborhood to strive to reach out to their
neighbors. There being no further discussion, the motion carried four to one, with
Commissioner Rademacher opposed. The hearing was completed at 4:13 p.m.
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This Certification was approved on the 26th day of December, 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST:
Sean P. C ay, Chair
Weld County Clerk to the Board
Wit m F. Garcia, o-Tem
BY: V V
Deputy Cler t the ar kt1, .L-
1161 O 1y Bdrbara Kirkmey r /
tziP 4 EXCUSED DATE OF APPROVAL
� David E. Long
D i
Dougla Radema er
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