HomeMy WebLinkAbout971008.tiffHEARING CERTIFICATION
DOCKET NO. 97-23
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1142 FOR A
PUBLIC RECREATIONAL FACILITY (BICYCLING, WALKING TRAILS, ROLLER
BLADING, AND MOTORCYCLE TRACKS) IN THE A (AGRICULTURAL) ZONE DISTRICT
- LEAHY FAMILY FARM, LLC
A public hearing was conducted on May 21, 1997, at 10:00 a.m., with the following present:
Commissioner George E. Baxter, Chair
Commissioner Constance L. Harbert, Pro-Tem
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Commissioner W. H. Webster - EXCUSED
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Shani Eastin
The following business was transacted:
I hereby certify that pursuant to a notice dated April 23, 1997, and duly published May 8, 1997, in
the South Weld Sun, a public hearing was conducted to consider the request of Leahy Family
Farm, LLC, for a Site Specific Development Plan and Special Review Permit #1142 for a public
recreational facility (bicycling, walking trails, roller blading, and motorcycle tracks) in the
A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of
record. Shani Eastin, Department of Planning Services representative, submitted to the Board her
memorandum dated May 21, 1997, (Exhibit Q for the record, with attachments) recommending the
Board add Development Standards #22 and #23 restricting overnight camping and requiring a
temporary assemblage permit under Ordinance No. 85 for events with over 100 motorcycle racers,
respectively, and change the language in Condition of Approval #4.A. concerning the individual
sewage disposal systems. She also noted a memo (Exhibit N for the record) dated May 20, 1997,
from Jacqueline Johnson, applicant's attorney, requesting amended language to Development
Standards #14.C., concerning Ordinance No. 85; #15 concerning sale of parts; and #23 concerning
the number of motorcycles allowed on the track at any time. Ms. Eastin then presented a brief
summary of the proposal and entered the favorable recommendation of the Planning Commission
into the record as written, including the changes as detailed in her memorandum. The Board then
viewed a video of the property and surrounding vicinity as Ms. Eastin narrated. She explained the
existing home, numerous out buildings, and the current facility are located on Weld County
Road 46.5, with an irrigation reservoir to the south. Ms. Eastin stated the existing tracks are part
of the proposed use and noted Mark Spaur owns one of the closest residences, which is about
one-half mile east; however, staff has not heard from the owner of the closest residence.
Responding to questions from the Board, Ms. Eastin stated use of the tracks has been private, and
the applicant now wishes it also to be public. Mr. Morrison responded to Commissioner Hall
regarding Ordinance No. 85, which requires a temporary assemblage permit for over 500 people,
noting it does not normally apply to properties with Special Review Permits.
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RE: HEARING CERTIFICATION - LEAHY FAMILY FARM, LLC (USR #1142)
PAGE 2
Ann Leahy, applicant's representative and property owner, submitted Exhibits K through N for the
record, and explained this facility is proposed for a multi -use recreational park for daily use by
families. She referenced Exhibit K, a simplified layout of the facility, and stated the track will be for
non-competitive, open practice for motorcycles and bicycles, with possible races at a later date.
Ms. Leahy noted the property is in an agricultural area with steep hills and slopes and one-third is
in dryland farming, remaining as historically established. She then referenced Exhibit L, a map,
and located various surrounding uses, noting Darlene and LeRoy Porter are the closest neighbors
and are in support of the proposal. Ms. Leahy stated 800 trees and shrubs were recently planted
and they have been spot spraying for weed control. She confirmed all future events or races will
be sanctioned and insured, and she emphasized the need for recreation facilities. Ms. Leahy then
discussed the septic systems, drainage, etc., which Tom Cope, Engineer, is handling. She also
indicated a written statement has been prepared for the dust abatement program, two water trucks
have been purchased, and McRae and Short has been retained concerning the roads and
landscaping plan. Ms. Leahy then referenced Exhibit M, plat amendments, concerning fencing,
parking spaces, spectator viewing areas, etc. Responding to questions from the Board, Ms. Eastin
confirmed a violation on the property was issued by Julie Chester, Zoning Compliance Officer;
however, this Special Review Permit application was submitted and upon visitation of the site
yesterday, it appears the case can be closed. Ms. Leahy indicated daily practice is intended and
events will vary in frequency, with not more than two events per year which include over 100
racers. She stated approximately 20 of both motorcycles and bicycles on average is anticipated
for daily use on Saturdays and Sundays; however, not that many are anticipated during the week
until later in the day. In response to Commissioner Kirkmeyer's reference to Development
Standard #14 concerning hours of operation, Pat Leahy also represented the applicant and stated
they would ultimately like to have one event per month through a sanctioned club and explained
they practice in winter, too, not just April through August. Responding to further questions, Mr.
Leahy stated the riders are very athletic and serious, and alcohol is not part of riding motorcycles;
therefore, anyone with alcoholic beverages would be removed from the property. Ms. Leahy noted
the Town of Johnstown offered law enforcement services when it reviewed the area for annexation,
and the Town is very aware of what the operation entails. Mr. Morrison noted there is no open
container law in Weld County; therefore, calling law enforcement will not accomplish removal. Ms.
Leahy reiterated the signage indicating no alcohol is allowed, which is also included on the waiver
release form. Concerning Development Standard #15 which limits sales to special events only, Ms.
Leahy stated they want sales available on a daily basis, because the closest shop for replacement
parts is 15 miles away. Concerning the proposed addition of Development Standard #23, Ms.
Leahy also clarified no more than 100 riders would be on the track at any time, but there may be
more than 100 riders per day. Ms. Johnson referenced her memo, Exhibit N, and clarified the
differences in daily operations and special events, and further discussion ensued concerning
Development Standards #14 and #23. Ms. Eastin stated staffs intention is to limit the over-all level
of intensity. Commissioner Hall clarified Ordinance No. 85 concerns the assemblage of people and
is not pertinent to motorcycles but all types of events. Ms. Johnson confirmed the applicant
understands the concerns of neighbors regarding motorcycles and that a permit is required for all
events with over 500 people. Mr. Morrison explained the facility is not a stadium, therefore, is
subject to Ordinance No. 85; however, the Ordinance could be incorporated into the Permit.
Concerning Condition of Approval #4.A., Commissioner Hall requested the word "patrons" be
changed to "persons". Ms. Leahy stated this operation is a business; therefore, she requested it
be allowed to be open 40 hours per week, especially from April through August, with flexible hours.
She confirmed they understand noon to dusk are the preferred hours and that motorcycles are
loud; however, the noise level at Golden Technologies is always at 75 dBA (decibels) and tractors
are over 110 dBA.
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RE: HEARING CERTIFICATION - LEAHY FAMILY FARM, LLC (USR #1142)
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Dennis Mulholland of Greeley, Colorado, spoke in support of the proposal noting dirt -bike riding is
a strong family event with no alcohol involved and reiterated the need for this type of facility to
practice and help keep kids out of trouble. Greg Snyder of Fort Collins, Colorado, stated he
operates a BMX track with competitive events and submitted a magazine, BMXer, as Exhibit O,
indicating the involvement of good people of all ages. Mr. Snyder made further comments and
responded to questions from the Board. Charles Holley of Johnstown, Colorado, stated he lives
directly west of the facility and has worked for over 40 years with kids and cares deeply; however,
the noise is unbearable. He voiced numerous other concerns including the four -foot fence as a
buffer, expansion of the area, trespassing on his property, dust, and farmers' rights. Deena Brewer
of Fort Collins, Colorado, stated she is a member of various clubs and a freelance sports
photographer. She reiterated alcohol is not allowed and noted motor -cross bikes are not as loud
as Harleys, the area is very clean, the tracks are friendly, and this proposal has been planned
thoroughly and carefully and will be controlled in a respectful manner. Ms. Brewer also made
further comments and responded to questions from the Board. Tom Binder, surrounding property
owner to the northeast, stated the noise level is much louder than tractors and questioned who will
control the area. He stated he does not want any other events allowed and voiced concern
regarding the traffic.
Let the record reflect a recess was taken at this time.
Upon reconvening, Bob Martin of Denver, Colorado, stated he is concerned about the fate of
motorcyclists and their rights and reiterated the need for recreational facilities. He suggested
middle ground be found between the farmers and the motorcyclists and reiterated this facility is a
family -oriented environment and is great for kids and the community overall. Mr. Martin stated the
loudness is being misrepresented and the area will be strictly supervised and policed, including
insurance and no alcohol. He stated they are willing to buffer the sound and reiterated 800 trees
were recently planted. Mr. Martin stated this proposal is a labor of love, just like the farmers work
for the futures of their families, and the improvements to the farm have probably increased the
surrounding property owners' values. Responding to Mr. Morrison, Mr. Martin stated the
terminology "spark arrested muffled dirt bike" is used for the type approved by the U. S. Forest
Service. He then responded to questions from the Board and confirmed he will be an operator if
the Permit is approved. Mark Spaur, surrounding property owner, stated he previously submitted
the petition of opposition, Exhibit G; however, he clarified he is not against the Leahys or
motorcycles, but this location is not appropriate because it is too close to development. He voiced
further concerns regarding noise, dust, control, decrease in property values, etc. Mr. Spaur made
additional comments and responded to questions from the Board. Darlene Porter, surrounding
property owner, stated she lives directly west of the facility and she does not hear the motorcycles
nor is she bothered by them. She stated the facility is good for young people and is supervised
with no alcohol or drugs. She noted the hills to the west have been trespassed on for 17 years and
this facility will lessen that. Ms. Porter stated she would rather have this facility than a housing
development and noted the improvements the Leahys have made in the last two years. The Board
confirmed Ms. Porter is the closest neighbor. Robert Finocchario of Greeley, Colorado, stated he
does volunteer work for the Leahy Farm and they also have cleaned up property and ditches in the
surrounding area. He stated they changed the route of the track and planted trees to buffer the
noise, noting there are never more than 40 racers on a track at once even at sanctioned events.
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RE: HEARING CERTIFICATION - LEAHY FAMILY FARM, LLC (USR #1142)
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Mr. Finocchario stated the Leahys have given 150 percent and gone the extra distance to help the
community and do things properly. After further comments, he, too, responded to questions from
the Board. John Bofine of Greeley, Colorado, stated he is a country -wide professional racer and
rarely does one see 40 motorcycles on the track at once. He, too, confirmed the Leahys have
cleaned up, reused, and recycled much of the junk on the property, and they are all willing to work
with the farmers. Mr. Bofine also explained most motorcycles will run only two or three laps on the
track; they will not be driving around on the trails, and all must have silencers on the mufflers.
Danny Lookhart of Ault, Colorado, reiterated the facility does keep kids off the street and gives him
incentive to get good grades. He agreed the Leahys are doing everything possible to help the
farmers and lessen impacts on the area. Sherri Vincent of Ault, Colorado, stated both of her sons
race, which has changed them for the better. She noted the people involved are very respectful
and reiterated the need for this facility. Byron Spaur, surrounding property owner, stated he has
lived in the area for 40 years, and the motorcycles are loud unless you are a biker. He stated he
does not want this facility near his home. Monakaye Martinez of Evans, Colorado, stated she has
never seen alcohol involved and agreed it is unfortunate that people are negatively affected by the
noise; however, kids need a place to get off the streets. She reiterated this facility is for the
betterment of youth and their future. Ron Klein, surrounding property owner, stated he lives one-
half mile from the western boundary of the facility and is all for kids; however, there is a certain
place for certain things and the community of Johnstown is not aware of this proposal. He voiced
concerns about noise pollution, privacy, hours of operation, lack of domestic water, and the growth
of the operation. Mr. Klein also responded to questions from the Board and voiced further
concerns regarding extra liability insurance on his property due to trespassers. Bart Kellogg of Fort
Collins, Colorado, stated he has 20+ years experience with the Berthoud track and clarified there
are never more than 15 riders on that track at once and the Leahys will have even fewer. He
responded to questions from the Board and reiterated his support for approval. Dean Binder,
surrounding property owner, stated he lives one mile to the east and also represents the Hillsboro
Lake. He voiced concerns about the outlet and noted the lake property is fenced with a six-foot
fence, questioning why only a four -foot fence is required for this facility. Mr. Binder stated further
concerns about drowning, noise, safety, etc., and questioned why the facility was built before
approval. He, too, responded to questions from the Board. Robin Spaur, surrounding property
owner, stated the area is great for a lot of things, but not for motorized recreation. She agreed the
Leahys have made great improvements to the landscaping; however, there is a problem with noise,
especially after 6:00 p.m. Ms. Spaur stated the silencers do not work; the noise is at the Industrial
level, and she requests denial. Ruby Spaur, surrounding property owner, stated she has also lived
on their farm for 40 years and has enjoyed the quiet area. She voiced concerns regarding dust,
erosion, trespassing, and decrease in property values and in future development, and she, too,
requested denial. David Ford, surrounding property owner, noted residents in Greeley can hear
truck pulls and motor -cross races at Island Grove and stated he has raced for seventeen years.
He confirmed the Leahy's facility is a class act and reiterated there is noise pollution of all types.
Mr. Ford stressed the improvements to the area and noted owners should be allowed to play on
their own property. Kay Backstrum of Ault, Colorado, stated she is a grandparent and a teacher
for special -education children and she wishes the gang members she works with had an
opportunity to be involved in this type of activity. Ms. Backstrum stated all she hears are the grins
and smiles, not the noise, and reiterated the facility rehabilitates people and keeps kids off the
streets. Jay Lapoint of Fort Collins, Colorado, stated everything makes noise; however, the
participants have much respect for everyone and everything. He noted the world is changing.
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RE: HEARING CERTIFICATION - LEAHY FAMILY FARM, LLC (USR #1142)
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During rebuttal, Ms. Leahy stated she does not hear the noise when she is in the house and
clarified the purpose of the 48 -inch fence is to prevent people from trespassing onto their property
and was required by the insurance company. She explained it is a steel and wood, "no -climb"
fence, which is gated and locked, and confirmed all future trail will also be fenced and may be
posted with "no trespassing" signs. She stated she is not aware of any problem with people being
near the reservoir. Ms. Leahy and Mr. Leahy responded to additional questions from the Board
concerning the fence, the reservoir, the graveled parking areas and the road, which was gravel -
surfaced for the fire protection district. Ms. Leahy reiterated Gerry McRae completed a drainage
and gravel study, and she noted the area has not been farmed in over 20 years. Mr. Leahy stated
the entrance is 50 to 60 feet off Weld County Road 19 and will be controlled, with all entrants being
required to sign a waiver and pay a fee. He reminded the Board numerous yearling trees of all
types were planted around the perimeter for windbreaks, wildlife, and erosion control. The Leahys
then responded to further questions from the Board concerning the noise level, and Jeff Stoll,
Health Department, presented the Board with an example of various noise levels, Exhibit P for the
record, and noted a vacuum cleaner runs at 70 dBA. Concerning questions regarding
Development Standard #9, Ms. Leahy stated a well was drilled last summer, with no restrictions
on the permit, and drinking water is delivered and available. Mr. Leahy then responded to further
questions concerning water, lighting, and parking, and she confirmed riders are not crowded on the
track. Mr. Stoll responded that 110 dBA for a motorcycle is believable; however, he noted the
attenuation distance must be considered, and 60 dBA at the property line is acceptable for
commercial standards. He noted, however, the State statutes do not provide a standard for the
agricultural area, but the 60 dBA may not accommodate the activities where the track is closer to
the property line. Ms. Johnson pointed out the industrial use one-half mile to the north which is at
the 80 dBA industrial level and reiterated the statute exempts property being used to conduct
speed or endurance events involving motor vehicles; therefore, if the Permit is not imposed, there
will be no decibel level which will apply. The Board voiced further concerns about the noise level,
and Mr. Morrison noted the statute allows measurements to be taken 25 feet into someone else's
property and 10 more decibels are allowed for a period of fifteen minutes within each hour
throughout the day. After further discussion, Mr. Leahy stated he feels this area is zoned perfectly
for this facility considering Golden Technologies' noise and smell and the reservoir's drawbacks.
He requested a light industrial noise level and noted the motorcycles will not be there all the time,
reiterating this facility involves clean, family sports, and the area can be easily reclaimed.
Responding to comments from the Board, Mr. Leahy stated most of the motorcycle track is built
in valleys among trees and grass, with the bicycle track in the higher areas. He noted the trees and
bushes will be established by the time the business is established. In further response to the
Board, Mr. Morrison reiterated the Board could include specific language from Ordinance No. 85
in the Permit, otherwise it does not apply to special events unless specifically included.
Commissioner Harbert stated she agrees with Ms. Johnson's revision to Development Standard
#15, and Mr. Morrison confirmed for her that the Permit goes with the property, not the owner, as
written; however, the Board could impose that requirement. He also stated exceeding the decibel
level would best be remedied administratively since the statute does not directly apply.
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RE: HEARING CERTIFICATION - LEAHY FAMILY FARM, LLC (USR #1142)
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After further comments, Commissioner Kirkmeyer stated the facility could be as or more obnoxious
without the Permit; therefore, to mitigate the impacts to the surrounding property owners, she
moved to approve the request of Leahy Family Farm, LLC, for a Site Specific Development Plan
and Special Review Permit #1142 for a public recreational facility (bicycling, walking trails, roller
blading, and motorcycle tracks) in the A (Agricultural) Zone District, based on the recommendations
of the Planning staff and the Planning Commission, with the Conditions of Approval and
Development Standards as entered into the record, including the following changes: 1) Condition
of Approval #3.A.: add sentence to state, "At the entrances of the facility, there will be additional
language on those signs that would inform anyone coming onto the property that, should they be
found with alcohol on them or under the influence, they would be removed immediately from the
premises."; 2) Condition of Approval #3.B.: add sentence requiring fencing around future trails or
any future public areas when developed, especially between the Hillsboro Reservoir and the hiking,
biking, walking, roller blade trail; 3) Condition of Approval #4.A.: revise as recommended by the
Health Department in Trevor Jiricek's memo dated April 4, 1997, which is included in Exhibit Q, but
change "patrons" to "persons"; 4) Condition of Approval #4.8.: change "patrons" to "persons" in
last sentence and add "special" between "temporary" and "events" in first and last sentence;
5) Development Standard #7: add "and silencers" after "Mufflers" in last sentence; 6) Development
Standard #9: delete "to patrons" and add "for people"; 7) Development Standard #14.C.: change
"2" to "1" in second sentence and include additional Development Standard which defines special
events to read, "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 under Weld
County Ordinance No. 85. People will be hired for security, medical emergencies, gates, and
maintenance. There shall be no more than 40 motorcycle racers on the track at any one time at
the special event. There will be no more than one special event per month." 8) Development
Standard #15: revise sentence to state, "Sales of used or new bicycles, motorcycles, and
accessory uses shall be permitted during normal operating hours."; 9) add Development
Standard #23 to read, "No more than 20 motorcycles shall operate on the track at any time, with
the exception of a special event."; 10) Add Development Standard #22 allowing no overnight
camping, as recommended by staff. The motion was seconded by Commissioner Hall, who
questioned whether the decibel level is to remain at 60 dBA in Development Standard #7 and
where it is to be measured. Commissioner Kirkmeyer stated she is leaving the standard at 60 dBA,
and Mr. Morrison referenced Section 25-12-101, et seq., CRS. Commissioners Kirkmeyer and Hall
agreed to amend the motion to change the reference to said statute in Development Standard #7.
Chair Baxter questioned whether the applicant agrees with the changes, and Ms. Johnson stated
with regard to no more than 20 on the track during normal operating hours, she clarified there are
two tracks; therefore, 40 is a fairer number, since that is what is allowed during a race. She
reiterated no decibel level is enforced under the statute, which does not apply to this type of
operation; therefore, the measurement should be at a level which already exists in the area or is
measured at a point where it impacts surrounding property owners, rather than trying to make the
statute apply. Ms. Johnson noted one issue not addressed in the motion was the operating hours
to which the applicant requested flexibility and the opportunity to be open 40 hours per week,
especially in the summer. Concerning Ordinance No. 85, Ms. Johnson stated the applicant agrees
with Mr. Morrison's suggestion that specific provisions be included which are pertinent to this
facility. Commissioner Kirkmeyer clarified for Chair Baxter that no more than 20 motorcycles may
operate on any one track at any one time, which allows 40 total on two tracks. Commissioner
Harbert referenced Development Standard #14 and clarified Commissioner Kirkmeyer did not
change the operation hours in her motion; therefore, it was addressed. She agreed the hours
should not be changed out of courtesy to the surrounding property owners.
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RE: HEARING CERTIFICATION - LEAHY FAMILY FARM, LLC (USR #1142)
PAGE 7
Commissioner Kirkmeyer referenced Development Standard #7 and stated she is not willing to
change the noise level unless the Board requests an amendment. Chair Baxter requested the
noise level be increased to 80 dBA, and Commissioner Hall agreed. Commissioner Kirkmeyer
agreed to amend the motion to change the limit of the noise level from 60 dBA to 80 dBA. She
questioned if staff is prepared to pull all pertinent information from Ordinance No. 85 at this time,
and Mr. Morrison responded staff could prepare that information for the Board and the applicant
prior to the time such a permit would be required. He noted, as a word of warning, the permit
approval is actually a 60 -day process. Commissioner Hall agreed it would be better if the pertinent
parts of the Ordinance were more spelled out, and Commissioner Kirkmeyer suggested changing
the wording to reflect that special events shall require the pertinent and applicable sections of
Ordinance No. 85, which the Board will review. Mr. Morrison confirmed staff can provide the Board
and the applicant with what the process will be if a special event application is made, working
through the conflicts, as approved by the Board. Commissioner Kirkmeyer agreed to amend that
language into the motion, and clarified she wants the hours of operation to remain as
recommended by staff for the motorcycle track, in order to keep the area as liveable as possible
for the surrounding property owners; however, she agrees with Commissioner Harbert's suggestion
to leave the rest of the operation's hours open. Commissioner Harbert suggested restricting the
hours of operation for motorized vehicles and allow the facility be open from 8:00 a.m. to dusk for
any non -motorized activity. Commissioner Hall clarified the only concern is the noise; therefore,
state only hours of operation for motorized vehicles and leave the rest open. Commissioners
Kirkmeyer and Hall agreed, and the motion then carried unanimously.
This Certification was approved on the 28th day of May, 1997.
eputy ',..�zrr-e Board
TAPE #97-14 AND #97-15
DOCKET #97-23
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WEL4 COUNTY, C¢LORADO
-'GeorgE. Baxter, Chair
d-szcae
Constance L. Harbftrt, Prc.Tem
arbara J. Kirkmeyer
EXCUSED
W. H. Webster
971008
PL1077
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF MAY, 1997:
DOCKET #97-23 - USR # 1142 - LEAHY FAMILY FARM, LLC
DOCKET #97-22 - S #418 - FLATIRON STRUCTURES COMPANY, C/O QUINLAN
CONSTRUCTION, INC.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 21ST DAY OF MAY, 1997:
DOCKET #97-23 - USR # 1142 - LEAHY FAMILY FARM, LLC
DOCKET #97-22 - S #418 - FLATIRON STRUCTURES COMPANY, C/O QUINLAN
CONSTRUCTION, INC.
PLEASE legibly 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) HEARING ATTENDING
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