HomeMy WebLinkAbout981047.tiff HEARING CERTIFICATION
DOCKET NO. 98-27
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1181 FOR A
RECREATIONAL FACILITY (SUPERCROSS MOTORCYCLE RACING TRACK) IN THE
A (AGRICULTURAL) ZONE DISTRICT - DARREN WEIDENHAMER AND KELLY
WALKER
A public hearing was conducted on June 17, 1998, at 10:00 a.m., with the following present:
Commissioner Constance L. Harbert, Chair
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Scott Ballstadt
Health Department representative, Sheble McConnellogue
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 8, 1998, and duly published May 20, 1998, in
the Platteville Herald, a public hearing was conducted to consider the request of Darren
Weidenhamer and Kelly Walker for a Recreational Facility (supercross motorcycle racing track) in
the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record.
Scott Ballstadt, Department of Planning Services representative, presented a brief summary of the
proposal and entered the favorable recommendation of the Planning Commission into the record
as written. Mr. Ballstadt submitted an additional Development Standard, marked Exhibit E, and
gave a brief description of the location of the site. He stated this facility will not take prime
agricultural ground out of production; it is consistent with the A (Agricultural) Zone District; and is
compatible with the surrounding land uses. Mr. Ballstadt further stated there is one residence
within eight-tenths of a mile; the applicant will be planting trees to help mitigate the noise generated
by the track; and the Town of Keenesburg was contacted and responded with no concerns.
Darren Weidenhamer, applicant, stated two items of concern for the surrounding property owners
are increased noise and dust in the area. Mr. Weidenhamer stated they have done some testing
with three bikes and they caused minimal noise. He explained there is a dust problem and he is
willing to have the road sprayed. In response to Ed Jiovani, co-operator, Don Carroll, Department
of Public Works representative, stated the Development Standards require the applicant to
purchase the chemicals and have the road sprayed. He further stated the County will do the
preparation work as explained in proposed Development Standard #21. Mr. Jiovani stated if the
application is approved they will begin the process immediately and have the parking lot sprayed
as well.
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Duke Wellington, surrounding property owner, pointed out the location of his property on the
overhead projection and stated his property is 3,000 feet from the site. He stated he was not
notified of the project and is opposed to the track which is almost complete although it has not yet
been approved. Mr. Wellington referred to a petition of opposition with 66 signatures from the
residents and City Council members of the Town of Keenesburg. He explained the track is not
round as shown of the map; the motorcycles can be heard above the trains in the area; and he has
been advised that his property value will decrease by 30 percent due to potential noise and traffic.
In response to Commissioner Webster, Mr. Wellington stated he did not see a sign posted on the
property. Mr. Ballstadt stated the site is separated from Mr. Wellington's property by Weld County
Road 398 and an elevated railroad track, and his home is not visible from the site. In response to
Chair Harbert, Mr. Wellington stated the easement for the road and railroad were originally part of
his property. Commissioner Kirkmeyer stated the Town of Keenesburg sent a referral with no
concerns. Mr. Wellington explained the Town Council did not feel they had the legal right to
prevent the track; however, as local citizens, they are opposed to the race track. Responding to
Commissioner Baxter, Mr. Wellington expressed concern regarding noise, traffic, lower home
values, crime, and additional work for local volunteer firemen. Commissioner Kirkmeyer clarified
the Town is aware of the purpose of a referral and they do have the right to list any items of
concern to the Town.
Don Hyde, surrounding property owner, stated he is the nearest resident west of the site. He
stated this proposal have be a major impact on the surrounding residents. Mr. Hyde stated he can
hear the bikes from inside his house, and the track is located at the highest point of the property
allowing both his house and Mr. Wellington's to be seen from the track. He expressed concern
regarding the decreased value of his property, and stated the track will discourage agricultural
development. Mr. Hyde requested the Board deny this request because the applicant has not
taken into consideration the local residents or the lay of the land, and they did not wait for approval
from the Board of Commissioners. In response to Commissioner Baxter, Mr. Hyde stated the site
is approximately one and one-half miles from the Town of Keenesburg. He further stated he was
not notified of the proposed project, and the sign was only posted for one day. In response to
Commissioner Hall, Mr. Hyde stated he lives approximately three-tenths of a mile from the site.
Commissioner Hall commented that the County only sends notices to surrounding property owners
within 500.
Mr. Weidenhamer reiterated this site will host a family-oriented sport and a majority of the users
will be between 12 and 15 years of age. He stated alcohol will not be permitted at the track and
he does not anticipate need for concern by local law enforcement. Mr. Weidenhamer explained
he was not aware there was a house in the area until recently because the view is blocked from
the track and stated they would like to build a house on-site in the future for maintenance purposes.
The applicant is planning to landscape the site with sod, flowers, and large trees to buffer the noise
from surrounding neighbors. In response to Commissioner Baxter, Mr. Weidenhamer stated they
will comply with the 60 decibel limit; events will only be held two or three times a month; and they
will maintain the roads to control the dust problem. Responding to Commissioner Hall, Mr.
Weidenhamer stated the racers are required to use silencers and mufflers on their motorcycles and
they have contacted a private company to have a sound study done. In response to
Commissioners Kirkmeyer and Webster, Mr. Jiovani explained the difference between a motorcross
and a supercross and stated currently there are not public supercross tracks available on a
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permanent basis. Responding to Chair Harbert, Mr. Weidenhamer stated they have discussed
opening the track for practice Thursday through Sunday between the hours of 9:00 a.m. and 6:00
p.m. Commissioner Kirkmeyer clarified Development Standard#16 states a maximum of 40 people
can use the track each day. In response to Commissioner Kirkmeyer, Mr. Weidenhamer explained
they are planning on using a sound system for the referees to announce the upcoming races;
however, if it will cause a violation of the permit, they will post the race order to avoid excessive
noise. He stated security will be present on race days to be sure there is no liquor on the premises
and to assist the public. Responding to Commissioner Kirkmeyer, Mr. Ballstadt stated the parcel
is forty acres in size and if the applicant wishes to build a house on the site, a Special Use Permit
will need to be obtained. Mr. Jiovani added they have not built on the property; however, they have
moved dirt in order to race their bikes and do preliminary sound checks. In response to Chair
Harbert and Commissioner Kirkmeyer, Mr. Jiovani stated there is no evidence of past use; the
parcel is currently seeded with weeds and wild grasses; and they have a contractor waiting to put
in a well if the permit is approved because the site is not irrigated. Mr. Ballstadt clarified he did not
see structures on the site.
In response to Commissioner Baxter, Mr. Jiovani stated he has acquaintances in the Town of
Keenesburg who feel this site will be a safe place for kids, and several members of the public have
passed the site and inquired when the site will be open. (Clerk's note: Mr. Wellington submitted
the petition of opposition as mentioned above, marked Exhibit F.) In response to Commissioner
Webster, Mr. Jiovani stated they have reviewed and agree with the Conditions of Approval and
Development Standards and are willing to go above and beyond what is required including spraying
the road in front of Mr. Hyde's house. In response to Commissioner Baxter, Mr. Weidenhamer
stated they are anticipating 150 vehicles for special events and this amount includes both racers
and spectators. Responding to Commissioner Hall, Mr. Ballstadt stated he did contact the Sheriff's
Office; however, deputies are not required to be present because the crowds will not be over 500
people. Mr. Weidenhamer stated he is willing to hire an off-duty Sheriffs Deputy if the Board feels
it necessary. Chair Harbert clarified Development Standard #16.6 states 150 people shall be
allowed on the site during racing hours. Commissioner Hall requested a referral be obtained from
the Sheriff's Office. Commissioner Kirkmeyer explained the requirements of a Temporary
Assembly Permit which requires security be present when over 500 people will be present. In
response to Commissioner Hall, Mr. Ballstadt stated a Condition of Approval may be added which
requires the applicant to submit a security plan to the Sheriff's Office. He further stated the
Planning Department did not receive a letter from the Siruses as indicated by Mr. Hyde; however,
he did receive phone calls from Ruth Meyers, surrounding property owner, Mr. Hyde, and Mr.
Wellington and following his conversation with Ms. Myers, she had no further conflicts. Mr.
Ballstadt explained the notification process and stated addresses are obtained by the applicant
from the Assessor's Office. In response to Commissioner Kirkmeyer, Mr. Barker stated notification
of surrounding property owners is a courtesy only and is not required by Colorado State Statute
or County Ordinance and notices are also published in the County newspaper. Mr. Ballstadt stated
he did speak with Mr. Wellington prior to Planning Commission and notified him of the hearing
dates. In response to Commissioner Hall, Sheble McConnellogue stated it is the applicant's
responsibility to comply with the decibel limit with whatever means possible and explained the
decibel level is measured 25 feet outside the property line. Responding to Commissioner Hall and
Chair Harbert, Ms. McConnellogue stated the Health Department is on call 24-hours a day;
however, if a Health Department representative is not able to visit a site before the cause of the
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complaint stops, they do attend the next race and measure the decibel level at that time. In
response to Mr. Hyde, Chair Harbert asked if a letter of concern was received from the Siruses and
both Mr. Ballstadt and the Clerk to the Board stated a letter was not received and is not in the
record. In response to Commissioner Hall, Mr. Ballstadt explained the applicant is required to
submit a plan on how excessive noise will be handled. Commissioner Hall stated a plan should not
be necessary if they are not allowed to exceed the 60 decibel limit in the first place. In response
to Commissioner Baxter, Ms. McConnellogue stated the 60 decibel limit was set to accommodate
the fact that there are residences in the area. Commissioner Kirkmeyer stated this requirement
is consistent with similar Special Review Permits.
Commissioner Kirkmeyer moved to approve the request of Darren Weidenhamer and Kelly Walker
for a Site Specific Development Plan and Special Review Permit#1181 for a Recreational Facility
(supercross motorcycle racing track) 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, and the addition of Condition of
Approval #21 as submitted by the Department of Planning Services in Exhibit E. Commissioner
Kirkmeyer stated she lives within two miles of a similar race track and it is very noisy; however, this
Special Review Permit will help mitigate what is to be allowed on the site. The motion was
seconded by Commissioner Webster, who added this track will provide a safe riding environment
which is currently not available. Commissioner Kirkmeyer responded to Mr. Wellington's and Mr.
Hyde's concerns by stating her property value has not decreased regardless of living near a
motorcycle track. Commissioner Baxter stated residents might have to face the fact that the area
is growing and they will need to make some adjustments to their lifestyle and stated the applicant
must comply or will be in violation. In response to Commissioner Hall, Mr. Ballstadt addressed a
security plan by recommending the addition of Condition of Approval 2.F. to read as follows: "The
applicant shall submit a security plan to the Weld County Sheriff's Office for review and approval.
The applicant shall submit evidence of the Sheriffs Office approval to the Department of Planning
Services prior to recording the plat." Following discussion, Commissioner Kirkmeyer amended her
motion to add Condition of Approval 2.F., as well as Development Standard#22, both with wording
as proposed by staff and to renumber subsequent paragraphs. Commissioner Webster seconded
the motion, and it carried unanimously.
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HEARING CERTIFICATION - DARREN WEIDENHAMER/KELLY WALKER (USR #1181)
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This Certification was approved on the 22nd day of June, 1998.
APPROVED:
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ATTEST: '- ��G BOARD OF COUNTY COMMISSIONERS
�: . WELD COUNTY, COLORADO
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Weld County_Gler 't6't Le),ar ; (1�-,z5-1 .'
H i Constance L. ar ert, Chair
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�.� W. H. We ster, Pro-Tem
TAPE #98-15 AND#98-16
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DOCKET#98-27
Dal K. Hall
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Barbara J. Kirkmeyer
981047
PL1250
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF JUNE, 1998:
DOCKET#98-27 - DARREN WEIDENHAMER AND KELLY WALKER
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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