HomeMy WebLinkAbout20123573.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Bill Hall, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
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.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-
2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2. A.Goal 7.2. states: "Conversion of agricultural land to nonurban
residential,commercial and industrial uses should be accommodated when the subject site is in
• an area that can support such development, and should attempt to be compatible with the
region."The application materials indicate the site can support the proposed use and that large
straw bales may be placed around the property perimeter to buffer noise and dust. This
screening using the straw bales in conjunction with the Development Standards and the
Conditions of Approval for this proposal will assist in mitigating the impacts of the facility on the
adjacent properties and attempt to ensure compatibility with surrounding land uses.
Section 22-2-100.O. C.Goal 4. states: "New commercial uses or expansion of existing
commercial uses should meet existing federal, state and local policies and legislation."
Conditions of Approval and Development Standards will ensure that the propose use meets the
existing federal,state and local policies and legislation,as applicable i.e. noise and air pollution
regulations.
Section 22-6-20 A. ECON.Goal1. State:"Encourage the expansion of existing businesses and
the location of new industries that will provide employment opportunities in the County."
Section 23-3-70 A. TR.Goal 1. Recognize the importance of cultural and heritage tourism and
recreation to local,regional and agricultural economies,including events and sites such as corn
mazes, County fairs, farm implement museums, etc. Encourage the provision of adequate
support services and facilities necessary for the continuation and expansion of these activities,
consistent with other goals and policies of the Comprehensive Plan. The applicant has indicated
that there will be approximately 400 people at any one Special Event. The increase in traffic has
the potential to increase the number of customers paying for local services like restaurants,
gasoline stations, and etc.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the Agricultural (A)
Zone District. Sections 23-3-40.C.8. of the Weld County Code allow for, A Site Specific
Development Plan and Use By Special Review Permit for a Multi-Use Recreational Park
• (Motocross)in the(A)Agricultural Zone District.
.A0)— 3573
RESOLUTION USR12-0059
DAWN SCENA
PAGE 2
• Currently the property is in violation (ZCV12-00141) for the operation of a recreational park
(specifically motocross)without an approved and recorded Use by Special Review permit(USR).
If the USR is approved,the violation will be closed. If denied,the case shall be referred to the
County Attorney's office with a delay of legal action for 30 days in order to give the applicant time
to ensure that the business is removed from the property.
C. Section 23-2-220.A.3 --The uses which will be permitted will be compatible with the existing
surrounding land uses.
The property is located in a rural residential area approximately 1.5 miles north of Keenesburg.
The existing structures on the subject property include a primary dwelling unit,a 12'x24'garage,
a 20'x20' barn, an 8'x8' playhouse[ticket booth] and several small outbuildings. The adjacent
properties are primarily rural residential. The closest residence is located on the adjacent
property to the north; approximately 500 feet north of the property line. The Weld County
Department of Planning Services has received nine(9)letters from surrounding property owners
objecting to the motocross track. Most of the letters are from the property owners that live on
County Road 57 north of County Road 20. One of the letters is from a realtor who is
representing 9508 County Road 55 which is a residence approximately 940 feet north of the
subject property. These letters outline concerns about dust, noise, fire, traffic, lower property
values, and other items.
The application materials state that large straw bales may be placed around the property
perimeter to buffer noise and dust. This screening using the straw bales in conjunction with the
Development Standards that state that dust and noise must meet the standards of the
Environmental Health Department along with the Conditions of Approval for this proposal will
assist in mitigating the impacts of the facility on the adjacent properties and attempt to ensure
• compatibility with surrounding land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The subject property is located within the three-mile referral area of the Town of Keenesburg.
The Town of Keenesburg in their referral dated September 18, 2012 stated that they have no
concerns with the proposed development.
E. Section 23-2-220.A.5--The application complies with Article V of the Weld County Code. The
existing site is within the County Road Impact Fee Area and the Capital Expansion Impact Fee
and Drainage Impact Fee areas.
Effective April 25,2011, Building Permits issued on the proposed lots will be required to adhere
to the fee structure of the Weld County Road Impact Program. (Ordinance 2011-2)
Effective April 25,2011,Building Permits issued on the proposed lots,will be required to adhere
to the fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
The existing and proposed facility is located on soils designated primary as "Prime if they
become Irrigated"per the 1979 Soil Conservation Service Important Farmlands of Weld County
Map. The proposed USR will not take any Prime (Irrigated) Farmland out of production.
•
RESOLUTION USR12-0059
DAWN SCENA
• PAGE 3
G. Section 23-2-220.A.7--There is adequate provisions for the protection of health, safety, and
welfare of the inhabitants of the neighborhood and County.
The Design Standards (Section 23-2-240,Weld County Code), Operation Standards(Section
23-2-250,Weld County Code),Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of health, safety, and welfare of the
inhabitants of the neighborhood and County.
This recommendation is based, in part, upon a review of the application materials submitted by the
applicant, other relevant information regarding the request, and responses from referral entities.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes can be delineated on the plat in
accordance with the State requirements as an attempt to mitigate concerns. The plat shall be
amended to include any possible future drilling sites. (Department of Planning Services)
B. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of
the 2010 Americans with Disability Act (as applicable) and provide an adequate number of
parking spaces for daily operations and shall show the Special Event parking area. (Department
• of Planning Services)
C. The applicant shall submit a Parking and Circulation Plan showing any alternate access for
emergency vehicles to the Department of Planning Services for review and approval.
(Department of Planning Services)
D. In accordance with Chapter 23,Article II,Division 4,Section 23-2-240(A)(10)the applicant shall
submit a Screening and Fencing Plan to the Department of Planning Services for review and
approval. (Department of Planning Services)
E. In accordance with Chapter 23,Article IV,Division 2 the applicant shall submit a Signage Plan to
the Department of Planning Services for review and approval. The quantity,size and location of
the signs shall comply with Appendix 23-C and Appendix 23-D (if applicable). (Department of
Planning Services)
F. Section 23-3-360.F.states,in part,that,"any lighting...shall be designed,located,and operated
in such a manner as to meet the following standards: sources of light shall be shielded so that
beams or rays of light will not shine directly onto adjacent properties...." The applicant shall
submit a site lighting plan that shall comply with Section 23-3-360.F(if applicable).(Department
of Planning Services)
G. The applicant shall address the requirements of the Division of Water Resources as outlined in
their referral dated September 28, 2012. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Planning Services)
H. The applicant shall address the requirements of the Weld County Building Department as
outlined in their referral dated October 10, 2012. Written evidence of such shall be provided to
the Department of Planning Services. (Department of Planning Services)
•
RESOLUTION USR12-0059
DAWN SCENA
PAGE 4
•
I. The applicant shall address the requirements of the Southeast Weld Fire Protection District as
outlined in their referral dated September 13,2012. Written evidence of such shall be provided
to the Department of Planning Services. (Department of Planning Services)
J. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for
review and approval,to the Environmental Health Services,Weld County Department of Public
Health& Environment. (Department of Public Health and Environment)
K. The applicant shall submit evidence of an Air Pollution Emission Notice (A.P.E.N.) and
Emissions Permit application from the Air Pollution Control Division, Colorado Department of
Health and Environment, if applicable.Alternately,the applicant can provide evidence from the
APCD that they are not subject to these requirements. (Department of Public Health and
Environment)
L. The applicant shall submit a noise mitigation plan for review and approval,to the Environmental
Health Services, Weld County Department of Public Health & Environment. (Department of
Public Health and Environment)
M. An improvements and road maintenance agreement is required for this site. Public Works will
provide a draft of the agreement after the Board of County Commissioners hearing for this
project. (Department of Public Works)
N. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR12-0059. (Department of Planning Services)
• 2) The attached Development Standards. (Department of Planning Services)
3) The plat shall be prepared per Section 23-2-260.D of the Weld County Code.(Department
of Planning Services)
4) The approved Parking and Circulation Plan. (Department of Planning Services)
5) The approved Screening Plan. (Department of Planning Services)
6) The approved Signage Plan (if applicable). (Department of Planning Services)
7) The approved Lighting Plan (if applicable). (Department of Planning Services)
8) County Road 55 is designated on the Weld County Road Classification Plan as a local
gravel road, which requires 60 feet of right-of-way at full build out. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way and this
information shall be noted on the plat. All setbacks shall be measured from the edge of
future right-of-way. If the right-of-way cannot be verified,it shall be dedicated. This road
is maintained by Weld County. (Department of Public Works)
9) Show and label the accesses on the plat with the approved Access Permit Number(will be
provided). (Department of Public Works)
10) Access improvements are required and shall include 45'radiuses to accommodate turning
trucks with trailers and tracking control to prevent the tracking of mud onto the gravel
roadway. (Department of Public Works)
•
RESOLUTION USR12-0059
DAWN SCENA
• PAGE 5
2. Upon completion of 1. above the applicant shall submit three (3) paper copies of the plat for
preliminary approval to the Weld County Department of Planning Services. Upon approval of the
paper copies the applicant shall submit a Mylar plat along with all other documentation required as
Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by Department of Planning Services'Staff. The plat shall be prepared in accordance with
the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional
requirements shall be submitted within one-hundred-twenty(120)days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn(Microstation);acceptable
GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is.e00.
The preferred format for Images is.tif(Group 4).(Group 6 is not acceptable). This digital file may be
sent to dhuerterco.weld.co.us. (Department of Planning Services)
Motion seconded by Bret Elliott.
VOTE:
For Passage Against Passage Absent
Robert Grand
• Bill Hall
Benjamin Hansford
Mark Lawley
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I,Kristine Ranslem,Recording Secretary for the Weld County Planning Commission,do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on November 20, 2012.
Dated the 20`" of November, 2012.
Digitally signed by Kristine Ranslem
'7.J1(GtJi I fi�YL Date:2012.11.26 09:11:42-07'00'
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
• DEVELOPMENT STANDARDS
USR12-0059
1. A Site Specific Development Plan and Use By Special Review Permit for a Multi-Use Recreational
Park(Motocross) in the(A)Agricultural Zone District.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operation for the Multi-Use Recreational Park shall be March 1—May 31 and September
1 - November 30- 10:00 a.m.to dusk, 7-days a week, as stated in the application materials.
4. Up to four(4)Special Events may occur on the site between June 1 and August 31 with each Special
Event being 2-4 days in length, as indicated by the applicant. An approved Temporary Assembly
Permit will be required for each Special Event. (Department of Planning Services)
5. The sale of motorcycle related accessories i.e. tires, inner tubes, protective clothing, goggles,
sunglasses, pedals, levers, handlebars, rims,gears,sprockets,and etc.shall be during the hours of
operation and during Special Events,as stated in the application materials. (Department of Planning
Services)
6. No more than 50 motorcycles shall operate on any one track site at any one time ffoca-total-of-1A9
motorcycles operation on the site at any one time),with the exception of Special Events,as stated in
the application materials. (Department of Planning Services)
7. No alcoholic beverages shall be allowed at the facility, as stated in the application materials.
(Department of Planning Services)
• 8. The number employees including the property owners shall be limited to 2 full-time and one part-time
except during Special Events, as stated in the application materials. (Department of Planning
Services)
9. The screening, signs, and parking on site shall be maintained in accordance with the approved
Screening/Sign/Parking Plans. (Department of Planning Services)
10. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended)shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
11. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act,30-20-100.5,C.R.S.,as amended. (Department of Public Health and Environment)
12. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions,blowing debris,and other potential nuisance conditions.(Department of
Public Health and Environment)
13. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Department of Public Health and Environment)
14. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved"dust abatement plan",at all times.(Department of Public
Health and Environment)
15. This facility shall adhere to the maximum permissible noise levels allowed in the Non-specified Zone
as delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health and
• Environment)
RESOLUTION USR12-0059
DAWN SCENA
• PAGE 7
16. In the event washing of vehicles will occur on site the applicant shall ensure that any vehicle washing
areas shall capture all effluent and prevent discharges from the washing of vehicles in accordance
with the Rules and Regulations of the Water Quality Control Commission, and the Environmental
Protection Agency. (Department of Public Health and Environment)
17. Adequate drinking, hand washing and toilet facilities shall be provided for personnel and patrons of
the facility at all times. As this is a temporary or seasonal use that is utilized 6 months or less per
year portable toilets and bottled water are acceptable. Records of maintenance and proper disposal
for portable toilets shall be retained on a quarterly basis and available for review by the Weld County
Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner
licensed in Weld County and shall contain hand sanitizers. (Department of Public Health and
Environment)
18. Any septic system located on the property must comply with all provisions of the Weld County Code,
pertaining to Individual Sewage Disposal Systems. (Department of Public Health and Environment)
19. RV units shall have self-contained sewage disposal and shall dispose of sewage at an approved off-
site facility. (Department of Public Health and Environment)
20. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing
the regulation of food service establishments. (Department of Public Health and Environment)
21. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as
applicable. (Department of Public Health and Environment)
• 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. There shall be no parking or staging of vehicles on County roads. (Department of Public Works)
24. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
25. Weld County is not responsible for the maintenance of onsite drainage related features.(Department
of Public Works)
26. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. All vegetation,other than grasses,needs to be
maintained at a maximum height of 12 inches until the area is completely developed.(Department of
Public Works)
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties;and Neither
direct nor reflected light from any light source may create a traffic hazard to operators of motor
vehicles on public or private streets and no colored lights may be used which may be confused with or
construed as traffic control devices. (Department of Planning Services)
28. Effective April 25,2011,Building Permits issued on the proposed lots will be required to adhere to the
fee structure of the Weld County Road Impact Program.(Ordinance 2011-2)(Department of Planning
Services)
• 29. Effective April 25,2011,Building Permits issued on the proposed lots,will be required to adhere to the
fee structure of the County Facility Fee and Drainage Impact Fee. (Ordinance 2011-2)(Department of
Planning Services)
RESOLUTION USR12-0059
DAWN SCENA
• PAGE 8
30. 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. (Department of Planning Services)
31. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code. (Department of Planning Services)
32. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250,Weld County Code. (Department of Planning Services)
33. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations. (Department of
Planning Services)
34. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial 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 Board of County Commissioners 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. (Department of Planning Services)
35. 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. (Department of Planning
Services)
• 36. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views,spaciousness,wildlife,lack of city noise and congestion,and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural
activities will generate off-site impacts,including noise from tractors and equipment;slow-moving farm
vehicles on rural roads;dust from animal pens,field work,harvest and gravel roads;odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved"out of the way"of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
RESOLUTION USR12-0059
DAWN SCENA
• PAGE 9
Weld County covers a land area of approximately four thousand (4,000)square miles in size (twice
the size of the State of Delaware)with more than three thousand seven hundred(3,700)miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County,and the distances which must be traveled may delay all emergency responses,including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed,will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas,in many cases,will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center
pivot operations,high speed traffic,sand burs,puncture vines,territorial farm dogs and livestock,and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
•
•
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. With anything more as requested in the Temporary Assembly Permit they would
look at that separately.
Joyce Smock inquired about the security during the large events permitted under the Temporary
Assembly Permits. Ms. Aungst stated that the Temporary Assembly Permit is submitted to the Clerk to the
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.
i
I
)ot 1-357 rt r
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
the same level for residential and commercial. Staff is requiring a Noise Plan obtained from a Certified
Acoustical Engineer.If a complaint was received from a neighbor,staff would come out and measure the noise
from the neighbor's property. In addition,she noted that they could loan out a decibel reader to the neighbors.
Ms. Light stated that Weld County adopted a Noise Ordinance in 2008. She read excerpts from the Noise
Ordinance into the record. Ms. Light indicated that she brought a noise meter with her and it was measuring
72 decibels from her talking. She added that it would be hard to meet the noise levels according to that and
suggested listening to the applicant's noise abatement.
Dawn Scena and Norman Law, 9264 CR 55. Mr. Law said that they have tried to comply with the Weld
County Code and do not wish any harm to the neighbors. They are willing to work with the neighbors and staff
to ensure that they do it right. Mr. Law said that they are willing to address the noise issues and talk to an
engineer and put up straw bales to subdue the noise. He stated that they have plenty of water to mitigate the
dust. He added that the riders do not like to ride in dust; therefore it is in his best interest to keep the dust
controlled and maintain the track.
Mrs. Scena said that they had one(1)special event with 400 people in attendance and they didn't have any
problem with parking. They have a place in their pasture if a helicopter needs to land. They did not have any
injuries or any complaints at that time.
• Mrs. Scena said that they are not expecting 100 people per day. She added that it is mainly 20 riders who
practice during the week. They don't anticipate 7 days a week, but they put 7 days in so that they were
covered if someone chose to come out and ride.
Commissioner Hansford asked what they plan to use for noise suppression. Mr.Scena said that most of the
modern motorcycles are forced to comply with emission and noise. He added that they could try to require the
riders to install mufflers.
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
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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 Curl,26521 CR 18, stated that when they purchased their property they signed the closing papers
which included the Weld County Right to Farm clause which is the same clause that the applicants agreed to
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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 1st of June and it ends
September 1st. She added that this draw goes by their property and it is not a very good source as it would
• only be available from June to September. Ms.McIntosh said that with the large event they had the dust was
unbelievable and the traffic was bumper to bumper. She is also concerned with the noise affecting their
livestock.
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 they would have an Improvements Agreement with the
applicants using the standard triggers of dust control which is usually 2 to 5 times per year applying
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magnesium chloride.
• Mr. Hall asked what the average number of riders per day is and if the applicant would consider lowering that
number. Ms. Scena stated that they might have 6 people. Commissioner Hansford clarified if the large
numbers are on a recommendation from staff to cover the numbers in case you go over.
Commissioner Maxey asked how they are going to control the dust blowing onto surrounding property. Ms.
Scena said that there is some vegetation that will help control some of that and would do whatever is
necessary to control that.
Mr. Maxey asked if a fence will be installed to ensure that no one leaves the property. Ms. Scena said that 1
side has a barbwire fence. Commissioner Hall asked if we could include a fencing plan into the conditions of
approval. Ms.Aungst suggested adding that to Condition of Approval 1.D.
Motion: Add Fencing Plan to Condition of Approval 1.D, Moved by Benjamin Hansford, Seconded by Bill
Hall.
Motion passed unanimously.
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,
n�n Digitally signed by Kristine Ranslem
7 1�tIWYL Date:2012.11.26 09:01:58-0700'
Kristine Ranslem
• Secretary
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