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Home My WebLink About982091.tiff RESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT#1181- DARREN WEIDENHAMER/KELLY WALKER WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on October 28, 1998, a Show Cause Hearing was conducted to consider revocation of Special Review Permit#1181 for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District, issued to Darren Weidenhamer and Kelly Walker, 7268 Osceola, Westminster, Colorado 80030 on the following real estate to-wit: Part of the SW% of Section 19, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado, and WHEREAS, at said hearing of October 28, 1998, Darren Weidenhamer, Operator, was present, and WHEREAS, after hearing all testimony presented, and having been fully informed, the Board Finds that the burden of proof has been met as to violations of Conditions of Approval #1, #2.A, and #3 and Development Standards#8, #10, #16, #20, and #27, and deems it advisable to revoke Special Review Permit#1181 for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board does hereby Find that Darren Weidenhamer and Kelly Walker, the holders of Special Review Permit#1181, are in violation of Conditions of Approval #1, #2.A, and #3 and Development Standards#8, #10, #16, #20, and #27. BE IT FURTHER RESOLVED by the Board that Special Review Permit#1181 be, and hereby is, revoked. 982091 PL1250 SHOW CAUSE HEARING - USR#1181 - DARREN WEIDENHAMER/KELLY WALKER PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of October, A.D., 1998. BOARD OF COUNTY COMMISSIONERS W D COUNTY, COLORAD ATTEST: �+r (417 ��o�'i �i< —� \, �' Constance L. Harbert, Chair Weld County Clerk tot o,a r }'"ti'1,t ,/ iv 111-1/0"4-01C--btu/ BY. .� . .� r �tri yr'�: , W' H/ Webster, Pro-T �% Deputy Clerk A'- ��Cie X i � j o j it �� /Georg . Baxter APPROVED AS TO FORM: ''��"(//// Dale K. Hall "YCo�inty Attorney Barbara J. Kirkmeye 982091 PL1250 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. Please contact the Clerk to the Board's Office at phone (970) 356-4000, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans with Disabilities Act,you require special accommodations in order to participate in this hearing as a result of a disability. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 98-60 Darren Weidenhamer and Kelly Walker 7268 Osceola Westminster, Colorado 80030 DATE: October 28, 1998 TIME: 10:00 a.m. REQUEST: Hearing to SHOW CAUSE for revocation of USR #1181 LEGAL DESCRIPTION: SW'/ of Section 19, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado ISSUES: Whether or not the Permit holder is in compliance with: 1. Condition of Approval #1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Condition of Approval #2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that, should they be found with alcohol or under the influence of alcohol, they will be removed immediately from the premises. 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. B. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate location and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run- off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. F. The applicant shall submit a security plan to the Weld County Sheriffs Office for review and approval. The applicant shall submit evidence of Sheriff's Office approval to the Department of Planning Services prior to recording the plat. 3. Condition of Approval #3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 4, Development Standard #7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, C.R.S., as amended. Mufflers and silencers shall be required on all motorcycles using the property. 5. Development Standard #8. Adequate toilet facilities shall be provided for patrons of the facility. 6. Development Standard #10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems (described above) shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a- potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on-site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed, they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. D) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 7. Development Standard #16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m. all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours. B) Racing hours: 6:00 p.m. until 10:00 p.m. Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. 8. Development Standard #20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. Development Standard #27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 28, 1998 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket#98-60, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 16th day of October, 1998. DARREN WEIDENHAMER AND KELLY WALKER 7268 OSCEOLA WESTMINSTER CO 80030 CANNON LAND COMPANY 36 STEELE STREET #250 DENVER CO 80206 RUTH MYERS 30113 TROUTDALE SCENIC DRIVE EVERGREEN CO 80439 MARC AND SHERI SIRIOS PO BOX 67 KEENESBURG CO 80643 JAMES AND HELEN SIRIOS BOX 58 KEENESBURG CO 80643 Deputy Clerk to the Board SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS Darren Weidenhamer/Kelly Walker USR-1181 Cannon Land Company 36 Steele Street#250 Denver, CO 80206 Ruth Myers 30223 Troutdale Scenic Drive Evergreen, CO 80643 Marc and Sheri Sirios P.O. Box 67 Keenesburg, CO 80643 Helen Sirios Box 58 Keenesburg, CO 80643 46*(rril MEMORANDUM wiseTO: Board of County Commissioners October 27, 1998 COLORADO From: Scott Ballstadt, Planner Ifj15 SUBJECT: USR-1181 Weidenhamer The applicant, Darren Weidenhamer, worked diligently with the Department of Planning Services to receive approval from the Planning Commission and Board of County Commissioners, however, since that time has commenced operation without addressing conditions of approval or submitting a mylar plat. Following the probable cause hearing, the applicant has made an attempt to address the conditions of approval, however, the information submitted is not sufficient. It has been explained to the applicant and his representatives several times that tie. various plans required by the resolution approving USR-1181 need to be approved by the appropriate referral agencies. Also, the applicant has been informed that the plat shall reflect what was approved by the Board of County Commissioners. The Department of Planning Services recommends allowing an additional week for the applicant to submit adequate documentation that the conditions of approval have been met, as well as the plat for recording. c:\apps\m i s c\u s r 1181 tjv use— C a MEMORANDUM rat To: Board of County Commissioners October 26, 1998 inkFrom: Sharyn Frazer, ACEO, Code Compliance Officer, Dept. of Planning Servi COLORADO Subject: Extreme Raceway USR-1181, ZCH-006, VI-9800140 I have included additional information received by the Department of Planning Services for Extreme Raceway. The Show Cause Hearing is scheduled for Wednesday, October 28, 1998, at 10:00 a.m. If you should have any questions, please contact me at X3534. SERVICE,TEAMWORK,INTEGRITY,QUALITY a DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, CO 80631 Illip Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312 COLORADO The following is a list of the conditions of approval and development standards that have not been met as stated in the approved Use by Special Review(USR-118) Conditions of Approval - The plat has not been recorded in the Weld County Clerk and Recorder's Office as of September 25, 1998 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that,should they be found with alcohol or under the influence of alcohol,they will be removed immediately from the premises. As of September 25, 1998, no septic permits have been applied for or approved through the Weld County Health Department. 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. As of September 25, 1998, no dust abatement plan has been submitted to the Weld County Health Department for review and approval. B. A dust abatement plan shall be submitted to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. 981824 USR-1181 -Page 2 As of September 25, 1998, no landscaping plan has been submitted to the Weld County Planning Department for review and approval. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate located and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. As of September 25, 1998, the applicant has not submitted a buffering/noise mitigation plan to the Department of Planning Services. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. As of September 25, 1998, the applicant has not submitted a drainage plan to the Public Works Department. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run-off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. As of September 25, 1998, the Weld County Sheriff's Office has not accepted a security plan from the applicant for review and approval. F. The applicant shall submit a security plan to the Weld County Sheriffs Office for review and approval. The applicant shall submit evidence of Sheriffs Office approval to the Department of Planning Services prior to recording the plat. As of September 25, 1998, the applicant has not submitted a building or electrical permit application for the structure and electrical work on site. 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Development Standards- We have received repeated complaints about the noise level. The Weld County Health Department has taken noise readings(see file). 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, C.R.S., as amended. Mufflers and silencers shall be required on all motorcycles using the property. There are no septic permits on file with the Weld County Health Department for this facility as of September 25, 1998. 8. Adequate toilet facilities shall be provided for patrons of the facility. USR-1181 - Page 3 10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems (described above) shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a-potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on-site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed, they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. D) In the event that the facility installs a sub-surface absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. Complaints received stating that the facility is not operating within the guidelines as set forth below. 16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m., all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours B) Racing hours: 6:00 p.m., until 10:00 p.m., Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. No building or electrical permits are on file with the Weld County Building Inspection Department. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the permit by the Board of County Commissioners. NOV-02-1998 08:08 P.02 MEMORANDUM TO: Sheble tvlcConnellogue DATE: October 27, 1998 IL • FROM: Troy Swain r 4-1 CCILaRADO SUBJECT: Extreme Raceway USR 1181 At your request I have reviewed the dust control plan for Extreme Raceway. The water truck is adequate for the control of dust for the racetrack. "Watering the track every hour"and more often if necessary would be acceptable. I strongly recommend that the entrance to the facility and the parking area be treated with magnesium chloride(or similar dust suppressant)or paved. Any dust control measures must ensure that there are no off property transport of visible emissions. I have an additional concern regarding the possible increase of traffic on unpaved roads leading to the site. Under state law,Weld County may be responsible for the control of road dusts regardless of what business is responsible for the increased traffic. :: 17,4 r. I. EXHIBIT TOTAL P.02 'OltM E MORAN DOuI°!TY woeTO: Board of County Commissioners 1999 �$r �� 9 COLORADO From: Scott Ballstadt, Planner I �� CLERK SUBJECT: USR-1181 Weidenhamer TO THE BOARD The applicant, Darren Weidenhamer, worked diligently with the Department of Planning Services to receive approval from the Planning Commission and Board of County Commissioners, however, since that time has commenced operation without addressing conditions of approval or submitting a mylar plat. Following the probable cause hearing, the applicant has made an attempt to address the conditions of approval, however, the information submitted is not sufficient. It has been explained to the applicant and his representatives several times that the various plans required by the resolution approving USR-1181 need to be approved by the appropriate referral agencies. Also, the applicant has been informed that the plat shall reflect what was approved by the Board of County Commissioners. The Department of Planning Services recommends allowing an additional week for the applicant to submit adequate documentation that the conditions of approval have been met, as well as the plat for recording. c:\apps\misc\usr1181 4 EXHIBIT te MEMORANDUM 41St; To: Board of County Commissioners October 26, 1998 inkFrom: Sharyn Frazer, ACEO, Code Compliance Officer, Dept. of Planning Servic COLORADO Subject: Extreme Raceway USR-1181, ZCH-006, VI-9800140 I have included additional information received by the Department of Planning Services for Extreme Raceway. The Show Cause Hearing is scheduled for Wednesday, October 28, 1998, at 10:00 a.m. If you should have any questions, please contact me at X3534. --t 0 0. mm a ''0 1 a� a kc 73 a w ;a r c. ;n -o SERVICE TEAMWORK,INTEGRITY,QUALITY 4 EXHIBIT '-' X26 1 :21 PM FROM ECSTASY/SUNSET LIMO SO34269634 P. 1 Post-1t"Fax Note 7671 '' • *of 0. CO $ Co • �Cte. mans * „�" 11 ► :• ,'�t Ptnn -.O r� �. _ I F —(o ex a w iiiikfriiial � • - -------- -- -- ---- - -- --- ---ç rflhiiftt gix Fa ma �,� x — \'�\ ;4 �� CGP dtl CS!iI S iaa;I ti 1;• lA J//J)J)JI " f= 1 i \ m I1 R- `I M ti Ii II i I) ; I � 1 Mg C '€ fcl 1 '' • Z ' as mit 1/4 Ilitt”,,,,,.1\4...‘ • 7. �`i + R x !/ '„w w -1"-* 1pk" {4 , 1 F1 rW * ' ��d♦ { ..M� 'hi• •Wl NX / LI -' Syr m \ 0:. • 09/28/98 07:49 TX/RX NO.2572 P.001 ■ , /-.''.9 ,,5 111 :23PM FROM ECSTASY/SUNSET LIMO 3034269634 P.. MANUFACTURED HOME,FACTORY BUILT HOME,MOBILE HOME BUILDING PERMIT WELD COUNTY BUILDING INSPECTION • 1400 NORTH'17TH AVENUE GREELEY, CO 80631 I970)-3S$-0100 EXT.3521 . - -- •� PLOT PLAINS RED U1RED FOR ALL STRUCTURES HOME OWNER ._A . i ♦ /• • •,q • _ : if / I...-. . _ MAILING ADD- 5 - F ♦ , A, PHONE• - ..� •mss' 1 � CFG LAND OWNER C' � .'- �'. �.� , • - .. MAILING ADDRESS - .w", PHONE LAST LOCATION OF HOM -_l • • i�'f�O � JOB SITE ADDRESS • - LEGAL DESCRIPTIO _SEC-.--_,T---N, Fl----- W DISTAN FROM • NS LOT BLOCK N �S •D ' .09 SUBDIVISION 1 W114-744 il OR MOBILE HOME PARK AC SPACE REQUIRED SETBACKS FOR MOBILE HOME PARKS: END TO END- 1.2; END 70 SIDE-12-5', SIDE TO SIDE-15', FRONT DOOR •5` INSTALLER MAILING ADDRESS �,]�y��,,, ^ ,c /� -firj�tj�,� ID# PHONE W\AIIZA4 \ V...L^'�iQJ.}CtLC)L.I a 27() 6,50 TT Cjw.1,�,( ELECTRICAL CONTRACTOR .170-72018-4 ONE MAILING ADDRESS ID$ PHONE acia.y tRte .c. I 142G paces« tc • Ctrs 5c3za 9 711 FOUNDATION CONTRACTOR MAILING ADDRESS RD# PHONE USE FOR STRUCTURE MI CELLANEOUS ZONING 0 PRINCIPAL DWELLING MISCELLANEOUS ZONING WdFORMATION TYEE OF FOUNDATION 0 PRINCIPAL DWELLING BLK/TIED MOBILE INFORMATION TY�'E OF FOUNDATION ❑ ACCESSORY TO FARM PERMANENT FOUNDATION ❑ APPRV. P - "(COCKING ACCESSORY STRUCTURE 0 'MANUFACTURED HOME ❑ A CERTIFICATE OF ❑ BASEMENT. 0 MEDICAL HARDSHIP0 CERTIFICATE OF COMPLIANCE 0 OTHER 0 OTHER ❑ OTHER 0 UN WISH D- _ "4- -- ❑UNFINISHED-SF:._..�,� 0 CRAWLSPACE 0 CAISSONS ♦_ r - 0 OTHER HEIGHT OF BUILDING: PATIO: 1ST 52E: 40 END SIZE:_XY-., COVERED: 0 YES NO NUMBER OF BEDROO BATHROOMS FULL: L.4.3 4• 1/2:� PLOT PLAN ON FILE:❑YES --COVERED:❑YES I❑I..�NO TOTAL LAND AREA: q NO BLUEPRINT ON FILE:0 YES,r0 DRIVEWAY ACCESS: X EXISTING 0 NEW--ONORTH❑SOUTH MAST OWEST TYPE OF SEWAGE: TYPE OF WATER: 14UN 440401.- . TYPE OF HEAT: ELECTRICAL SERVICE: O PUBLIC-NAME: ❑PUBLIC-NAME: O NAT. GAS-NAME:0 PRIVATE IDPRIVATE O NAME: PERMIT#: PERMIT t 0 PROPANE-NAME: SIZE OF __ AMPS PERC.TEST DATE: 0 ELECTRIC-NAME: CALCULATIONS: ❑OTHER HOME INFORMATION: y VALUE 9 YEAR BUILDING FEE S MAKE ••NOT TO INCLUDE THE FOLLOWING ITEMS IN THE ABOVE PRICE•• SERIAL It a1C=Tf4t__ • ELECTRICAL COSTS $ FB NO. • ')r':!,(!eC v-" CON5TRUC71oN METER FEE 8 COST DIMENSIONS •1S- 4 X PLAN CHECK FEE $ -.CO OR W0vT13 hwrbi CRAWLSPACE/BA EME $ COSTS S FEE S DECKS OVERFEE S RECEIPT# FEE $ � „��_ TOTAL FEES S PLEASE ADD A Y ADDITIONAL INFORMATION THAT IS NOT COVERED IN ABOVE APPLICATION • S s � s rQc- Iii,e j L'' L "19.1C#44.0o-L�r - Wit"c9ih» L51kt.t ... Y`{I SIGNATURE OF APPLICANT DATE .__ 09/28/98 07:49 TX/RX NO.2572 P.002 ■ ' •22L)M FROM ECSTASY/SUNSET LIMO 3034269634 P. 3 RESOLUTION: To: Weld County Commissioners Weld County Of Colorado. SECURITY PLAN: We have a Family atmosphere, we have 2 people running the front gate and 16 employees plus 5 management running the track. Should we ever run into a situation that we could not handle then we would call the appropriate agency, Every person that comes through. the gate is very aware that if caught with alcohol they will be Ejected from the premises Immediately. 09/28/98 07:49 TX/RX N0.2572 P.003 ■ -17-1995 11 .24PM FROM ECSTASY/SUNSET LIMO 2034269534 P. 4 RESOLUTION: TO:Weld County Commissioners Weld County Of Colorado. DUST PLAN: #2-B #B-We Have a Water Truck that carries 3,000 Gallons of water, We water the track every hour and we water the parking area approximately every 2 to 3 hours to help keep the dust down. We are doing everything humanly possible to keep the dust down. 09/28/98 07:49 TX/RX N0.2572 P.004 -' - �4UY✓ ECSTASY/SUNSET LIMO 3034269634 P. S RESOLUTION: To:Weld County Commissioners Weld County Of Colorado. LANDSCAPING PLAN: Answers to questions #C & D C-The reason that we haven't planted any trees is because of all the construction going on, now that the construction is finished we will be planting Evergreens Bushes and Trees all over the track for Noise Barriers also we will be planting small flowers in the flower bed up against the mobile home structure. 09/28/98 07:49 TX/RI N0.2572 P.005 P'1':;1' PAGE NO. 0001 GP0803 MT08 09-23-1998 08 : 58 WC9804247 WELD COUNTY SHERIFF' S OFFICE OFFENSE/INCIDENT REPORT NO: WC98-4247 + Crime/Incident: INFO ITEM N/C: MISC F/M: Addl Offense Date reported : 092198 Time Rpt: 1240 Clearing caseF/M: # : Connecting cases : WC98-3985 + INCIDENT DATE-TIME-AND LOCATION IF/Date: 082198 F/T: 2220 + ILoc: WCR 396/WCR 61 City: KEE I IT/Date: 092198 T/T: 1300 Case status : INACTIVATED IDEP: WC0166 LEMAY, JAN CASE (Drugs/Alcohol : Domestic Viol: Evidence/Photos :ITot Prop Stolen: Prop Rcvd: I ( Force: Attempted or Completed:P Damg: ' Extent Injuries : I ****************************DATA FOR PERSON INVOLVED AS A: REP *** *Name: ROME, RON DOB: 011364 *Addr: 7319 WCR 63 * *City: KEENESBURG St: CO Zip: OLN: Phone: 3037324057H/B: H * *Sex: M Rac: Eth: Hgt: Wgt: OLS: * *Occupation: Bus Addr: Hai: Eye; SS: * * BusTX: * *Addl Desc Info: * * * * ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: WEIDENHAMER, DARREN * *Addy: DOB: *City: St: Zi Phone: H/B: * p OLN: *Sex: Rac: Eth: Hgt: Wgt: OLS: * r *Occupation: Bus Addr: Hai: Eye: SS: * * BusTX: * *Addl Desc Info: * * * * +r: -1 :C ��// (PiDL"lr]tx /2c.faiii �S Rv, Fa/126r. 4 FF ^ I' U � f. 0 4: ._O./al..' l 1 Use of r c -nation �'y';—_,_CL_______._._._ is regu(r;t by LrV>� DO NOT DISSEMINATE PTXT PAGE NO. 0002 GP0803 MT08 09-23-1998 08 : 58 WC9804247 ****************************DATA FOR PERSON INVOLVED AS A: SUB *** *Name: WALKER, KELLY DOB: *Addr: Phone: H/B: * *City: St: Zip: OLN: OLS: * *Sex: Rac: Eth: Hgt: Wgt: Hai: Eye: SS: *Occupation: Bus Addr: BusTX: * * *Addl Desc Info: * * * + SYNOPSIS OR NARRATIVE + : RURAL COMMERCIAL SETTING. SUBJECTS OWN AND OPERATE A MOTOCROSS RACE TRACK UNDER A SPECIAL REVIEW PERMIT FROM WELD COUNTY. SUBJECTS HAVE BEEN OPERATING THEIR RACES OUTSIDE OF THE PERMITTED RACING HOURS. TO MY KNOWLEDGE AT THIS TIME, THEY ALSO HAVE NOT SUBMITTED REQUIRED SECURITY PLAN TO THE SHERIFF' S OFFICE FOR APPROVAL. NARRATIVE/FACTS: ON 082198 AT 2205 HOURS, DISPATCH ADVISED ME OF A NOISE COMPLAINT IN THE AREA OF WELD COUNTY ROAD 18-1/2 AND WELD COUNTY ROAD 63. THEY ADVISED THAT THE REPORTING PARTY, RON ROME, WAS ADVISING THAT THE MOTORCYCLE RACING TRACK AT THEIR LOCATION WAS SUPPOSED TO END THEIR RACING AT 2200 HOURS, AND THEY WERE STILL RACING AT THIS TIME . I WENT EN ROUTE AND ARRIVED ON SCENE AT 2231 HOURS. AT THIS TIME, I OBSERVED THAT RACES WERE STILL BEING CONDUCTED ON THE MOTORCROSS TRACK. I MET WITH THE OWNER/OPERATOR, DARREN WEIDENHAMER. I ADVISED HIM THAT IT WAS REPORTED TO ME THAT THEIR RACING WAS SUPPOSED TO END AT 2200 HOURS. HE STATED THAT WAS WRONG, AND THEIR PERMIT ALLOWED THEM TO RACE UNTIL MIDNIGHT. I ASKED HIM IF HE HAD A COPY OF HIS PERMIT WHICH HE COULD SHOW ME. HE SAID HE DID NOT HAVE ONE AT THAT LOCATION, AND HE KEPT IT IN HIS OFFICE. I THEN DROVE TO THE REPORTING PARTY' S RESIDENCE ON ROAD 63 . FROM HIS RESIDENCE, I COULD HEAR THE MOTORCYCLE RACING CONTINUE . AT THAT TIME, IT WAS 2247 HOURS. I SPOKE TO MR. ROME, AND HE ADVISED THIS HAD BEEN AN ON-GOING PROBLEM WITH THEM OPERATING OUTSIDE OF THEIR PERMITTED HOURS. HE STATED THAT THEY ARE REQUIRED TO STOP RACING AT 2200 HOURS. MR. ROME ALSO DID NOT HAVE A COPY OF THE RACETRACK' S PERMIT. HE TOLD ME THAT HE WOULD ACQUIRE A COPY FROM PLANNING AND ZONING AND FAX IT TO ME. ON 090198 AT 2220 HOURS, MR. ROME DID FAX ME A COPY OF THE PERMIT. I OBSERVED THAT IN ARTICLE 16, PARAGRAPH B, THEIR RACING HOURS ARE 6 : 00 PM UNTIL 10 : 00 PM WEDNESDAY THROUGH FRIDAY. THE PERMIT STATED PTXT PAGE NO. 0003 GP0803 MT08 09-23-1998 08 : 58 WC9804247 THAT MOTORIZED VEHICLES ARE RESTRICTED TO DAYTIME HOURS OF 9 :00 AM TO 6 : 00 PM ALL DAYS, AND RACING 6: 00 PM UNTIL 10: 00 PM WEDNESDAY THROUGH FRIDAY. IT ADVISED THERE SHALL BE NO EVENING RACING ON SATURDAY THROUGH TUESDAY, AND THE APPLICANT SHALL STRICTLY ADHERE TO THE APPROVED HOURS OF OPERATION. DEPUTY NOONAN DID A REPORT ON A SEPARATE NIGHT WHERE THE RACING WAS BEING CONDUCTED OUTSIDE OF THE ALLOWED HOURS. HIS CASE NUMBER ON THAT INCIDENT WAS WC98-3985 . ON 091598, I SPOKE WITH MANAGER MARTINEZ ABOUT THIS PROBLEM. SHE CALLED PLANNING AND ZONING AND SPOKE TO SHARYN FRAZER. MANAGER MARTINEZ REQUESTED THAT I DO A REPORT AND FORWARD IT TO SHARON FRAZER. MANAGER MARTINEZ ALSO ADVISED THAT THE MOTORCYCLE TRACK HAD NOT SUBMITTED A SECURITY PLAN TO THE SHERIFF' S OFFICE FOR APPROVAL AS OF THAT DATE. I REQUEST THAT A COPY OF THIS REPORT AND REPORT 3985 BE FORWARDED TO SHARYN FRAZER WITH PLANNING AND ZONING. NO FURTHER ACTION TAKEN BY THIS OFFICER. THIS IS THE END OF THIS REPORT Report Approved By: WC0071 COGSWELL, LES ?' . k' 3(V1 DO �",,a r , ton PTXT PAGE NO . 0001 GP0875 MT08 09-15-1998 08 : 33 WC9803985 + + WELD COUNTY SHERIFF ' S OFFICE OFFENSE/INCIDENT REPORT NO : WC98-3985 Crime/ Incident : INFO ITEM N 'C : MISC F/M : Addl Offense F/M : Date reported : 090498 Time Rpt : 2210 Clearing case # : Connecting cases : INCIDENT DATE- TIME-AND LOCATION-- + IF/Date : 090498 F/T : 2200 ILoc : 30000 WCR 396 City : KEENESBURG IT/Date : 090498 T/T : 2230 Case status : INACTIVATED JDEP : WCO266 NOONAN , JOSHUA LAWRENCE - - ._ -- CASE STATUS AND MISC DATA _ __ _ ._ _.. _ _ _._. IDrugs/Alcohol : Domestic Viol : Evidence/Photos : ITot Prop Stolen : Prop Rcvd : • Prop Damg : IForce : Attempted or Completed : C IExtent Injuries ; * * * * * * * * * * * * * * * * * * * * * * * * * * * *DATA FOR PERSON INVOLVED AS A : SUB * * * ' Name : WEIDENHAMER , DARREN DOB : • ' Addr : Phone : 303426966911/B : H A [_ i t y : 5 t . Zip : N : OLS : A ' Sex : M Rac : Eth : Hgt : Wgt : Hai : Eye : SS : * Occupation : Bus Addr : BusTX • AAddl Oec Info : A . AA * . " :. ' A '` .. * A A A • .. * * A * " AA * A * DATA FOR PE .:SUN INVOLVED AS A ; WI ! ' Name : ROME , RON DUB : 0.11364 ' ` Addy : 731.9 WCR 63 • Phone : 3037324057H/B : H A *City : KEENESBURG St : CO Zip : 80643 OLN : OLS : A * Sex : M Rac : Eth : Hgt : Wgt : Hai ; Eye : SS ; . * Occupation : Bus Addr : BusIX : * Addl Desc Info : A We!c.i County PIaanninci Dept • SEP 16 1998 :tE COPY .Use of this informaton is regulated by LAW 4 • DO NOT DISSEMINATE PTXT PAGE NO . 0002 GP0875 MT08 09-15-1998 08 : 33 WC9803985 SYNOPSIS OR NARRATI.VE-- - _ + : RURAL AREA NIGHT TIME HOURS, COMPLAINT CALLED IN THAT THE SUBJECT WAS VIOLATING THE SPECIAL PERMIT GIVEN BY PLANNING AND ZONING FOR THE RACE TRACK . + NOTES REGARDING ITEMS INCLUDED WITH THIS REPORT- ---•-------JITEM NO : 1 DESC : SPECIAL REVIEW PERMIT 3 PGS JITEM NO : DESC : JITEM NO : DESC : JITEM NO : DESC : NARRATIVE/FACTS : ON 09-04-98 Al APPROXIMATELY 2210 HOURS , DEPUTY RICHARDSON WAS DISPATCHED TO THE AREA OF HIGHWAY 396 EAST OF KEENESBURG ON A NOISE COMPLAINT . THE WITNESS SAID DARREN WEIDENHAMER HAD A PERMIT FOR A RACE TRACK IN THAT AREA AND THE PERMIT ALLOWED HIM TO RACE UNTIL 10 : 00 PM . THE WITNESS SAID IT WAS AFTER 10 : 00 PM AND THE RACING WAS STILL GOING ON . L CONTACTED THE WITNESS BY PHONE , AND THE WITNESS FAXED ME A COPY OF THE SPECIAL, REVIEW PERMIT , LISP ( 11.81 , THE WITNESS SAID HE WAS UPSET THAT THE OWNER OF THE PRW ERTY RECEIVED A PFIRMI I TO HAVE TUf MOTOCROSS RACE TRACK . HE SAID I 1 WAS AFTER 10 : 00 AND HE COULD STILL. HEAR THE MOTORCYCLES OUT ( HERE AT THE TRACK . I INFORMED HIM THAT A DEPUTY WAS EN ROUTE TO THE AREA 10 ATTEMPT TO L. 00ATF THE RACE TRACK , AND I WOULD C:OMPIEllf AN INFORMATION ITEM REPORT AN!' `:END A COPY OF IT TO PLANNING, i.ri 'i:irJ ( rJ(; AN() fHf COUNTY (: OMMI ' ; TONERS . I THEN IAl. KT) TO f)UPUTY RICHAR SOri . DEPUTY RICHARDSON SAID HE RESPONDED T-0 THE AREA BUT WAS UNABE i TO LOCATE THE RAC r TRACK Aryl COULD NOT HEAR ANYTHING . ACCORDING TO PAGE 2 OF THE DEVELOPMENT STANDARDS , 16B, THE HOURS OF OPERATION FOR MOTORIZED VEHICLES IS RESTRICTED FROM 6 : 00 PM UNTIL 10 : 00 PM , WEDNESDAY THROUGH FRIDAY . A COPY OF THIS REPORT NEEDS 10 BF FORWARDED TO PLANNING AND ZONING AND THE BOARD OF COUNTY COMMISSIONERS . NO FURTHER ACTION TAKEN BY THIS OFFICER . +--- -- - THIS IS THE END OF THIS REPORT opy; Use of this information is regulated by LAW DO NOT DISSEMINATE • • PTXT PAGE N0 . 0003 GP0875 MT08 09- 15-1998 08 : 33 W09803985 Report Approved By : WCUU18 METZGER , MICHAEL K copy Use of this information is regulated by LAW nn nlnT IIICCFMINIATF DUKE WELLINGTON 30075 W.C.R. 18 P.O. BOX 509 KEENESBURG, CO. 80643 RE: DOCKET#98-27 ATTN: SHARON FRAZER COMPLIANCE OFFICER To Whom It May Concern: Reguartling the Extreme racing Track, violations. They violate the time of operation allotted to them four out of five times. The track has operated as late as midnight on occasions. The lights from this track shine directly at the back of my home and are very annoying and obnoxious. The dirt and noise created by this race track is not only extremely annoying and nerve-wracking but unhealthy. they have never,to my knowledge, put calcium on the road from town to their track to reduce amount of dust created by the traffic due to this establishment. This was one of the original conditions given them. There has been a tremendous increase in the amount of litter, such as beer and pop cans, bottles and other refuse along the road to and from the race track. their P. A. system is so loud I can hear what is going on at the track from my patio. In the past they have fired large fire works endangering the crops in the adjoining areas. This race track has also doubled in physical size in the past month. I'm under the understanding that their enlargement was done to attract Professional Motor Cross Racers. they were originally granted permission to open on the basis for a recreational facility for young people under the age of 18. - It's my belief that the owners are under the assumption that after aproval to open this track, they can alter the agreement to suit themselves. I would appreciate your taking these complaints into consideration and act accordingly in seeing that they comply to the original agreement or be shut down. Sincere y Don A. and Lauren R. Hyde 29517 WCR 18.5 Keenesburg, CO 80643 (303) 732-4257 September 24, 1998 Re: Zoning Compliance Hearing for Extreme Raceway Dear Ms. Frazier: We understand that a zoning hearing regarding compliance issues for Extreme Raceway in Keenesburg will be held on September 28. We attended a hearing in June at which the Weld County Commissioners approved the zoning of Extreme Raceway under certain conditions. We believe that several of these conditions have not been met, and these, along with other points of concern, are listed below. 1. Hours of Operation Representatives of Extreme Raceway stated that racing would take place from 6 to 10 PM Thursdays through Saturdays with additional practice hours during the day Wednesdays through Sundays. However, racing on Friday nights typically ends no earlier than 11PM and an event took place on a Wednesday earlier this month which lasted past 8PM. 2. Noise Levels Representatives of Extreme Raceway stated that, based on results from their testing of noise levels, motorcycles could not be heard 1000 feet from the racetrack. We live approximately three- fourths of a mile from the track and can hear the motorcycles both inside and outside our home whenever the track is in operation. In addition, Lauren Hyde was speaking with Ron Rome of Keenesburg on the telephone one Friday night in August and could hear the noise from the track over the connection. A noise limit of 60-decibels within 25 feet of the racetrack was imposed by the Weld County Commissioners. We believe that this limit is exceeded whenever the track is in operation and urge the Weld County Health Department to enforce this condition. 3. Silencers Representative of Extreme Raceway stated the all motorcycles would be required to be equipped with silencers in order to reduce the noise. We do not believe that Extreme Raceway is enforcing this rule based on the noise we can hear from our home and because of the fact that such 2 a rule is not listed on the Rules and Regulations sign posted at the entrance of the track. 4. Loudspeakers Representatives of Extreme Raceway stated that loudspeakers would not be used to announce races and that other methods, such as cards or signs, would be used instead. This is simply not true. A loudspeaker system is used at Extreme Raceway, and this system can be heard from our home. 5. Capacity Limits The Weld County Commissioners imposed a condition that only 150 persons be on the premises of Extreme Raceway at any one time. We believe that the capacity limit is sometimes exceeded, particularly on Friday nights, and do not believe that the capacity limit is being enforced either by Extreme Raceway or by Weld County. 6. Sound Barrier Representatives of Extreme Raceway stated that they would plant"humongous"trees on the west side of the property to provide a sound barrier. We have seen no evidence of Extreme Raceway carrying out this promise. 7. Calcium Chloride Representatives of Extreme Raceway stated that they would apply calcium chloride on Weld County Road 398 (also known as Weld County Road 18.5) to control dust levels from increased traffic flow. We have seen no evidence of Extreme Raceway carrying out this promise. 8. Residence A modular home with a cement patio has been installed on the premises of Extreme Raceway. The Weld County Commissioners stated that Extreme Raceway had to apply for another zoning request before adding a residence to the property. We believe that Extreme Raceway installed the residence without going through proper procedures because they installed the residence very soon after the hearing in June and we never saw a zoning request posted on their property. In addition, we do not believe they applied for any building permits to install the house or patio. 9. Family Event Representatives of Extreme Raceway stated that super motocross racing was a family event and that the track would cater to families. We understand, however, that Extreme Raceway is promoting itself as a professional track. Extreme Raceway has been building additions to the track, possibly for professional use, and we are concerned that they are doing so without any sort of building permits. 3 We encourage you to take these points into consideration during the compliance hearing for Extreme Raceway on September 28. If you have any questions or need further information, please call us at (303) 732-4257. Sincerely, Don A. Hyde Lauren R. Hyde Rome Farms Ron&Jeri Rome 7319 WCR 63 Keenesburg,CO 80643 September 27, 1998 Weld County Planning&Zoning Dept % Sharon Frazer,Compliance Officer 1400 North 17th Avenue Greeley,CO 80631 Dear Ms. Fra7Pr, The following letter is a complaint against the Extreme Raceway,Darren Weidenhamer and Kelly Walker,located in Keenesburg,Colorado. There are several zoning violations we have observed since the opening of the Extreme Raceway. First, the issue of Hours of Operation,number 16, as stipulated in the Site Specific Development Plan Special Review Permit USR#1181. This states that the hours of operation for the Extreme Raceway are as follows: A) Normal daytime hours: 9:00 am. until 6:00 p.m. all days B) Racing hours 6:00 p.m. unti110:00 p.m. Wednesday through Friday The Development plan goes on to state: There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. Since the grand opening of this racetrack, racing hours on Friday nights have gone on well past 11:00 p.m. to Midnight We have contacted the Weld County Sheriffs department to complain several times for operating past the stipulated hours. The Weld County Sheriffs department has contacted the racetrack to investigate the complaints and was told by racetrack owners that they are permitted to race until Midnight If they were following the rules and regulations of hours of operation, they would know that racing is permitted only until 10:00 p.m. -another violation. It should Rome Farms 1 also be noted that, on early Sunday mornings,individuals have been practicing and racing motorcycles at 7:00 a.m. when the track should be closed. We feel that this is yet another flagrant violation and shows no respect for the rules set forth by the Planning Department,nor does it show any kind of respect towards the residents of this area. One should wonder if there is a violation of number 22 of the Development Standards for when we call to complain, the Sheriffs Office does not know where the raceway is located,nor do they know anything of its existing operation. Second, the issue of noise has been a constant problem since the opening of the raceway. We have contacted Sheble McConnellogue, from the Health Department,and she has come out several times to take readings on the noise level. The noise level can become unbearable at times. Mr. Weidenhamer stated at the certification meeting that racers are required to have silencers and mufflers installed on their motorcycles in order to race at this track. This obviously has not been followed. Mr. Weidenhamer further stated at the hearing certification meeting that the raceway would plant sod,flowers and large trees to buffer the noise. Again, this has not been done. Third, the lights located at the raceway can be seen from miles away and are very disturbing to residents living in the area. Fourth, the dust from the racing at the raceway is a continual problem. The raceway, depending upon which way the wind is blowing,will cause clouds of dust to travel 2 to 3 miles from the raceway. The other night, the road that runs adjacent to the raceway, due to racing and the traffic,was so dusty that you could not see clearly coming from the City of Keenesburg. One did not know whether it was a fire or a tornado. The road was supposed to have been sprayed in accordance with number 21 of the Development Standards, in order to keep the dust level down This has not been done-yet another violation. In addition to the dust, litter along the road and adjacent fields have become an increasing problem. We also observed commercial fireworks being set off the second week of operation. A display of fireworks at a public site must have a permit is this correct? I'm sure,with the way the raceway seems to be managed that a permit was not obtained with regards to the fireworks. The chance of fire from fireworks in a rural area endangers lives and nearby crops. Once again,no respect is shown for the residents of the area. We do not appreciate calls from raceway members. J.D. Harmon called us on one such occasion, after we had called to complain to the Sheriffs Department the night before. Rome Farms 2 He was wondering what issues we had with the raceway,what they could do to change our minds,and offered to pay for a dinner. We wondered how the raceway track received our telephone number when we have an unlisted number and we know the Sheriffs office would not give out that kind of information. Sharon, this raceway was intended to be"used by children as a family-oriented sport" as stated by Mr. Weidenhamer at the hearing certification meeting, and is not supposed to be a raceway for professional motorcross riders(adults). Mr. Harmon mentioned that the raceway is expanding and adding other attractions in order to make it more appealing to professionals so that they may have professional competition. He also mentioned installing TV broadcasting booths at the raceway for these professional races. We believe the added broadcasting element would further increase the noise and dust in the area. Finally, Mr. Weidenhamer has now placed a house on the racetrack as a permanent structure. We know of no permit issued by the Planning Department to allow for this. As stated in the certification meeting by Mr. Ballstadt Planning Department representative, the applicant would need to have a Special Use Permit in order to build a house on the site. Since the expansion of the raceway, the volume of the Public Address system has increased. As slated in the minutes of the certification meeting, Mr. Weidenhamer said, "if tare sound system would cause a violation of the permit they would post the races in order to avoid excessive noise." We believe that the Raceway's permit should be revoked as they have repeatedly violated specific rules and regulations set by the Planning Department as stipulated under number 27 of the Development Standards,which states: The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. Is the raceway under the assumption that since they obtained a permit they are allowed to change the rules specifically set forth by the Board of County Commissioners and Planning Department to suit their needs? If we, the farmers in this area,violated a permit of any kind,our operations would be shut down immediately by the Office of Planning and Zoning. Therefore,we ask you to consider our request to either have the racetrack firmly adhere to the rules and regulations set forth by your office, or be shut down. Rome Farms 3 Thank you for your time and effort in this matter. Sincerely, R me Farms Attachments: (1) Hearing Certification Docket No. 98-27 (2) Site Specific Development Plan,Special Review Permit Development Standards Rome Farms 4 a AA11( DEPARTMENT OF PLANNING SERVICES Weld County Administrative Offices 1400 N. 17th Avenue, Greeley, co 80631 Phone(970) 353-6100, Ext. 3540 WI Fax(970)352-6312 `I) C. COLORADO September 9, 1998 Darren Weidenhamer Kelly T. Walker 7268 Osceola 11623 Logan Street Westminster, CO 80030 Northglenn, CO 80233 Subject: VI-9800140, USR-1181, ZCH-006 Notice is hereby given that on September 28, 1998, at 9:00 a.m., or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Sections 24.8.1 and 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioner's Hearing Room,Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number ZCH-006, for compliance with the Conditions of Approval and the Development Standards of USR-1181,to determine if probable cause exists to hold a hearing on revocation of USR-1181. Inspections by representatives of the Weld County Planning Department have identified that you are not in compliance with the conditions of approval and development standards as follows, therefore the spirit of USR- 1181, has not been met Conditions of Approval - 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review Plat prior to recording the plat. The completed plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) Signage located at the entrance to the facility that indicates that no alcoholic beverages are allowed. There shall be additional language on the sign that informs anyone entering the property that, should they be found with alcohol or under the influence of alcohol, they will be removed immediately from the premises. 2) The bathroom structures, to be located near the snack bar and stands, shall be delineated on the plat. 3) One access point to the facility and a 15-foot perimeter utility easement around the entire site. 4) All attached development standards shall be delineated on the plat. VI-9800140, USR-1181, ZCH-1181 Darren Weidenhamer/Kelly Walker Page 2 B. A dust abatement plan shall be submitted'to the Weld County Health Department for approval. The facility shall have sufficient equipment available to implement the dust control as required by the Weld County Health Department. C. The applicant shall submit a landscaping plan to the Department of Planning Services for review and approval. The landscaping plan shall indicate located and species of all plant materials, planting implementation schedule and landscape maintenance plan. The plat shall be amended to include the approved landscaping plan. D. The applicant shall submit to the Department of Planning Services for review and approval a buffering/noise mitigation plan. Any approved elements of the plan shall be delineated on the plat. E. The applicant shall submit a drainage plan to the Weld County Public Works Department for approval. The plan shall identify how the run-off water will be handled at the facility, include calculations and a detention or retention facility and shall indicate the size of culvert required at the entrance to the facility. The applicant shall submit evidence of approval by the Public Works Department to the Department of Planning Services. F. The applicant shall submit a security plan to the Weld County Sheriffs Office for review and approval. The applicant shall submit evidence of Sheriffs Office approval to the Department of Planning Services prior to recording the plat. 3. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. Development Standards- 7. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to Section 25-12-102, C.R.S., as amended. Mufflers and silencers shall be required on all motorcycles using the property. 8. Adequate toilet facilities shall be provided for patrons of the facility. 10. Two permanent individual sewage disposal systems are required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Vault systems shall be acceptable. Both systems shall be located near the snack bar and stands. It shall provide a separate unit for both men and women. A) The permanent on-site systems (described above) shall be adequate for up to 100 daily users of the facility. In the event that daily use of the facility exceeds 100 patrons, separate men and women septic systems shall be installed for every 100 daily facility users. B) The facility may supplement the on-site septic systems with port-a-potty units for temporary events where the existing systems are not sufficient to serve patrons of the facility. The on- site systems shall be adequate for up to 100 daily users of the facility. The facility shall provide one (1) port-a-potty unit for each additional 100 expected patrons for temporary events. C) If vault units are installed, they shall be maintained in a sanitary manner to prevent nuisance conditions such as odor, flies, etc. The vaults shall be pumped by a licensed septic tank cleaner. VI-9800140, ZCH-1181, USR-1181 Darren Weidenhamer/Kelly Walker Page 3 D) In the event that the facility installs a sub-su'rtace absorption septic system or other septic system where disposal will occur on-site, those systems shall be designed by a Colorado Registered Professional Engineer and approved by the Weld County Health Department. E) The disposal of all sewage generated at the site shall comply with the Weld County Individual Sewage Disposal System Regulations. 16. The hours of operation for motorized vehicles shall be restricted to the following: A) Normal daytime hours: 9:00 a.m. until 6:00 p.m., all days Daytime users allowed: A maximum of 40 persons per day shall be allowed on site during daytime hours B) Racing hours: 6:00 p.m., until 10:00 p.m., Wednesday through Friday Racing users allowed: A maximum of 150 persons per day shall be allowed on site during racing hours. There shall be no evening racing on Saturday through Tuesday. The applicant shall strictly adhere to the approved hours of operation. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the permit by the Board of County Commissioners. If it is determined at the public hearing that there is probable cause that you are not in compliance with the development standards and conditions of approval, the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please give me a call at the above telephone number and we can discuss this matter further. Sincerely, Q C Ott Sharyn Fr zer, ACED Scott Ballstadt Zoning Compliance Officer Current Planner II pc: VI-9800140, ZCH-006, USR-1181 P 186 977 316 P 186 977 315 Receipt for Receipt for - Certified Mail - Certified Mail Tm EpamprNo Insurance Coverage Provided Tm No Insurance Coverage Provided Do not use for International Mail ^ter"�@°^� . Do not use for International Mail (See Reverse) ^""�'".k� (See Reverse) Po top rn vai rl . , m n rid IH.n..Iu IOTA In, O w eE Posra eor Dam Pcrmakar CO Jaffe MCO E E LL `o N to a a � a WELD COUNTY DrRTMENT OF PLANNING SERVICES/BIJJ-PING INSPECTION CITIZEN INQUIRY FORM 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 %TELEPHONE ❑ FFICE FIRST INQUIRY? U Z 19 2 a NAME: kJ l�R: ZR l� W9t%)O&HAI&C)2 PH0NE:3O3 "I Z/9 "rne ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN O MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION O ADDRESSING ❑ SE O FHDP O BUILDING PERMIT ❑ AMENDED SE O GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW %USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN O USR MINING ❑ OTHER ❑ PUD DISTRICT O USR MAJOR FACILITY ❑ La PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL ❑ Shani Eastin O Gloria Dunn O Todd Hodges ❑Julie Chester *Scott Ballstadt ❑ Kerni Keithley ❑ Ed Stoner O Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley ❑'l//Moonica Daniels-Mika s- ❑ � ITEMS DISCUSSED: 7tZ' liedL Y( v 1`-A<cvJpN ° ��`7u.t fit,(. -( ��tJ1i — LE1 C � Dar1R��'5 Vo(cc ANA tt„ a -1O L., ktr M Pv'P2o/e) t- q2- o- o?arz ercay3 — 6W" 001 S 0A-2 es:D ..h .6 C RAC( N)& tn.f1 L u ELM f c0-04)CO OCA ° A L� ° 0 gial) 6Lt((S RA(zAtAirs FUYL. H rxtObt L'Pe{L Time Spent I (M l t Staff Member'slnitials N citizen MEMORANDUM TO: Scott Ballstadt DATE: Aug. 31, 1998 FROM: Sheble McConnellogue SUBJECT: Weidenhamer USR-1181 On August 3, 1998 I received a complaint from Duke Wellington at 30075 WCR 18 stating the noise of the motorcycles were too loud. On August 5, 1998 I received a complaint from Jeri and Ron Rome at 7319 WCR 63 that the noise was too loud. On Friday August 7, 1998 I conducted a noise study and found the levels up to 64 dbs. Our instrument needed to be calibrated so we will conduct the study again to verify these readings. On August 14, 1998 at 10:45 p.m. I received another complaint from Duke Wellington stating the motorcycles were still racing and he wanted them closed down. Lastly, on August 21, 1998 Jeri Rome called stating the noise was terrible. On August 28, 1998 I received a call back from Darren saying they are opened at 10 a.m. Sunday and to "come on out". On August 31, 1998 1 went to do another noise study but when I got there at 10:15a.m., no motorcycles were there. There was an employee there in the modular home but no racers. We now have a calibrated loaner so our department will continue to conduct noise studies. WELD COUNTY DF RTMENT OF PLANNING SERVICES/BUV"`ING INSPECTION J CITIZEN INQUIRY FORM l 1400 N. 17TH AVENUE, GREELEY, CO 80631 PHONE: (970) 353-6100 EXT. 3540 FAX: (970) 352-6312 A TELEPHONE ❑ OFFICE FIRST INQUIRY? ❑ YES ❑ NO DATE: 8 69 /9 NAME: -1::4)(04-(-4\1_ PHONE t1_ -LC° I Cog ADDRESS: TYPE OF INQUIRY: ❑ MHZP ❑ SKETCH PLAN ❑ MINOR SUB SKETCH PLAN ❑ ZPMH ❑ PRELIMINARY PLAN ❑ MINOR SUB FINAL PLAT ❑ RE ❑ FINAL PLAT ❑ ZONING ❑ AMENDED RE ❑ RESUBDIVISION ❑ ADDRESSING ❑ SE ❑ FHDP ❑ BUILDING PERMIT ❑ AMENDED SE ❑ GHDP ❑ SETBACKS/OFFSETS ❑ SITE PLAN REVIEW ❑ USR ❑ HOME OCCUPATION ❑ REZONING ❑ AMENDED USR ❑ VIOLATION ❑ PUD SKETCH PLAN ❑ USR MINING ❑ OTHER ❑ PUD DISTRICT ❑ USR MAJOR FACILITY ❑ ❑ PUD FINAL PLAT ❑ USR DISPOSAL SITE ❑ PERSONNEL �❑ Shani� Eastin ❑ Gloria Dunn ❑ Todd Hodges ❑Julie Chester 1 colt Ballstadt ❑ Kern Keithley ❑ Ed Stoner LI Roger Vigil ❑ David Sprague ❑ Johnny Roberts ❑ Jeff Reif ❑George Carroll ❑ Dennis Renley ❑ /Monica Daniels-Mika LI fvt ITEMS DISCUSSED: .512- - if c@ ( L ��r-- M56 W /bA Voters MAIL i 6 t l nl& ace-L°L,,ic ,.irs O)) fri&t.7- DePT I& 7- az)( SC . 6L-A6- /� D/IJ cSI7 ru/ou i SLiy, ici-ThNArrf f'-A7 ffttiL' ,s',Ut YZcc Dd3 , bIi8 - tip 145 (7 lo/sc r Z0 A-PP-1 fag, AcoG Pc3 totrtf — finis CA-aA (,c SiZ /t-frf I,4/>a-S 619C li- wI-r_L 4 c i/J I-O 01J Time Spent 5 µ t ri Staff Members Initials 'JIJ citizen PERM I T PERMITS Id: MISC120 Keyword: UACT User: SFRAZER 09/09/98 Additional Notations for Inspection item: 00400 Violation Permit No: VI-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Line Insp. Date Text 1 09/09/98 I CONDUCTED A SITE INSPECTION OF THE PROPERTY. EXTERIOR 2 09/09/98 LIGHTING HAS BEEN MOVED IN AND A MANUFACTURED HOME HAS 3 09/09/98 BEEN PLACED ON THE PROPERTY WITHOUT THE APPROPRIATE 4 09/09/98 PERMITS. THE PLAT HAS NOT BEEN RECORDED AND THEY ARE 5 09/09/98 OPERATING. NOISE COMPLAINTS ARE BEING HANDLED BY THE 6 09/09/98 W COUNTY HEALTµ1•(•�\\D--EP,,ARTMENT,7 09/09/98 Q1��7Y ✓%1[I"f7` 8 09/09/98 ARYN FRAff�LII�ER, ACED 9 09/09/98 ZONING COMPLIANCE OFFICER Enter Option: A=Add, C=Change, D=Delete, I=Inspect Up/Down=Select, PgUp/PgDn(F2)=Page, F3=First 12, ESC=Exit Comment Added O.K. KELLY T. 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Y¥ `< >� ,+ F„hx a -v � �£ � F�yey, � °'�t +t a - '�Wy d�}ryx„f� P - � �'Sm x � yt nt F �. e l } av T qM hk 3 e4R .. $ x a cc Mtk�'s�5 { '3 l *1 �y j' 4 q'�ie '� `,n,m 3 {{pp 1 ,: 4 { � F off ' �ia < tF S,�s rA r { e" h 4� �� ,, d w , a4'''''.16:4'" y�rFir ror"" z° tI'" 1-s•:',-,,'")(:...2.2.<E 4 k .",C �, t X T t4 y4t:r•A i5 i4 r.,fx + M rT 4 `:4- :v, 'r,d � 'rr 24 Keyword: AACT User: SFRAZER 09/08/98 Activity Full Description Maintenance Violation Permit No: VI-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Full Work Description Description: Page No: 1 NONCOMPLIANCE WITH CONDITIONS OF APPROVAL AND DEVELOPMENT STANDARDS OF USR-1181. NOISE LEVELS, MH W/O APPROPRIATE PERMITS, ELEC WORK DONE W/O APPROPRIATE PERMITS, PLAT NOT RECORDED, OPERATING HOURS F2=Next Page, F3=1ST Page, F4=Prev Page, F7=Update, ESC=Exit Desc Maint PERMITS Id: ACTP125 Keyword: AACT User: SFRAZER 09/08/98 Activity Table Processing Violation permit No: VI-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Type: VIO Vers: 9601 Screen: 01 Base Information 24 Keyword: AACT User: SFRAZER 09/08/98 Activity Full Description Maintenance Violation Permit No: VI-9800140 Applicant: WALKER KELLY T Status: ISSUED Location: PT SW4 19-2-63 Full Work Description Description: Page No: 1 PERMITS Id: ASSR100M Keyword: SPARC User: SFRAZER 09/08/98 Parcel General Information Maintenance aneral Parcel Data Maint - Action: Update Record Parcel No: 1303 19 000009 Rg Ts Sec : 630219 Status: A Active Retired(Y/N): N Street Address: Dir: St: City: Situs Location: Legal Desc: 7235-A PT SW4 19 2 63 LYING NW OF HWY ROW DESC Acres: 40.27 X-COORD: Y-COORD: Tax Rate Area: 0317 Assr Use Code: 0151892 Assessed/Exempt: Pub Owned(Y/N): N Primary Owner: WALKER KELLY T Phone: Mailing Addr: 11623 LOGAN ST NORTHGLENN CO Zip: 80233 Contract Owner: Percent/Ownership: .00 _F7CWrite Record, _F2CAllow Fractions, ESCCCancel PERMITS Id: MISC301 Keyword: SPARC User: SFRAZER 09/08/98 cr Defined Data Fields for Parcel No: 1303 19 000009 Parcel No: 1303 19 000009 Additional USER DEFINED Assessor Parcel Information Screen No: 01 Parent Parcel No 130319000004 Book No. 1490 Reception No. 02436842 Document Type Warranty Deed Ownership Type Recording Date 05/03/1995 May 03, 1995 Zoning Dist Legal Lot Prior To Zoning Prior To Zoning Year 80 Acres Recorded Exemption Rec Exemption Permit Rec Exemption Approv F7CUpdate, ESC¢Cancel 00(it tui DEPARTMENT OF PLANNING SERVICES COMPLAINT REPORT WIIDc. COLORADO 4 NING COMPLAINT Complaint Initiated by: WBUlLDING CODE COMPLAINT / ❑Staff o Citizen a Other LEGAL DESCRIPTION: . P1 .SGti V /9 & 3 VIOLATION ADDRESS: ,V L.1/h /ASS! .4-/1/6-70 Parcel# /3U 0/ 9� 00U OtA1TACN COPY OF DEED Property Owner's Name: it/ELl `f 7. /Ain t IL&%' Phone# Property Owners Address: Tenant's Name and Mailing Address: NATURE OF COMPLAINT: m4,yz/FA-e &V hip m� <s&T uo iff e , �L r=,-LT/2i4 %i t T. /9t/C ti‘--17/ n,v& (,c RZ=12.41-1/TS) use i��/ r� �_ � � � ✓ use° bwc °dMAtbLy Zoning Complaint Referred To: «g'// g72/1;2-/E,/2 Date: /..)l/9,/ Building Code Complaint Referred To: 66-9272.fF'/n N Date: g/x(/41 Case Assigned To: Date: ACTION OF INVESTIGATOR: Date of Inspection: Inspection of property indicates: a No violation of the Weld County a Zoning / a Building Code Ordinance Referred to: on o No violation of the Weld County a Zoning / a Building Code Ordinance o Violations of the following Sections of the a Zoning o Building Code Ordinance ACTION ON COMPLAINT: o No Action Taken/No Violation ❑ Violation File Started Date Date CASE REVIEWED BY SUPERVISOR Date SUPERVISOR'S COMMENTS NOTE: Attach all pertinent information and facts disclosed by investigation to this form. 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