HomeMy WebLinkAbout982092.tiff HEARING CERTIFICATION
DOCKET NO. 98-60
RE: ACTION OF THE BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL REVIEW
PERMIT#1181- DARREN WEIDENHAMERIKELLY WALKER
A public hearing was conducted on October 28, 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
Assistant County Attorney, Lee Morrison
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 October 28, 1998, a public hearing was conducted
to consider revocation of Special Review Permit#1181, issued to Darren Weidenhamer and Kelly
Walker for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone
District. Cyndy Giauque, Assistant County Attorney, made this a matter of record. Scott Ballstadt,
Department of Planning Services representative, stated the applicant is present and has a
memorandum from the Health Department approving the Dust Abatement Plan with the exception
of controlling dust on Weld County Road 398, and added the plat will be ready to record once the
Development Standards are added. Mr. Ballstadt recommended granting the applicant an additional
week to complete all of the requirements. In response to Chair Harbert, Mr. Ballstadt stated
Development Standard #21 requires the applicant apply calcium chloride or other approved
compound at the entrance of the site at the beginning of the race season and again near the middle
of the season. Commissioner Kirkmeyer commented there are nine items which the applicant must
comply with. Mr. Ballstadt stated the applicant has applied for a septic permit and submitted a
Landscaping Plan, Dust Abatement Plan, Buffering/Noise Mitigation Plan, and Drainage Plan, all
of which have been approved and need to be placed on the plat. In response to Chair Harbert and
Commissioner Kirkmeyer, Mr. Ballstadt stated the applicant has applied for a building permit for the
mobile home; however, the structure has been on the property for several months. Commissioner
Kirkmeyer commented building and electrical permits should not be issued until the plat is recorded.
Sharyn Frazer, Department of Planning Services representative, explained the applicant has applied
for permits; however, they have not been issued because the plat is not recorded. Responding to
Chair Harbert, Sheble McConnellogue, Health Department representative, stated the mobile home
does not have plumbing or septic services, but there is an electric generator and the applicant has
applied for a septic permit.
Darren Weidenhamer, applicant, explained when he purchased the mobile home, he understood
the seller would obtain the necessary permits; however, he has since learned it is his responsibility.
He added there is a generator and he did rent Port-o-Pottys which were cleaned weekly. In
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response to Chair Harbert and Commissioner Baxter, Mr. Weidenhamer stated the mobile home
is not being lived in, and eleven races were conducted. He explained the employees which were
to submit the various plans for approval have since quit and he has been working the last week to
turn everything into the correct departments for review. Chair Harbert commented he indicated he
understood the various Conditions of Approval and Development Standards, and as the person in
charge, he should have been communicating with his employees to make sure the work was being
completed. Responding to Commissioner Baxter, Mr. Weidenhamer stated he faxed a copy of the
Security Plan to the Sheriff's Office and is waiting for a response. Commissioner Kirkmeyer
commented the Special Review Permit was approved with good faith that the requirements would
be met prior to conducting races; however, the applicant did not comply with the conditions, the
neighbors have filed complaints, and Mr. Weidenhamer did not attend the Probable Cause Hearing.
In response to Chair Harbert, Mr. Weidenhamer explained a deputy did come to the race on August
21, 1998, after 10:00 p.m.; however, there was confusion as to when the racing should end. He
added there was a second incident when the deputy arrived at 9:45 p.m. and the racing have
already stopped and he has remained in compliance since the first incident.
Don Hyde, surrounding property owner, stated the racing facility has had a negative impact on the
community. He stated the applicant has not planted trees to block the noise and dust and the racing
can be heard from inside his house. Mr. Hyde stated the applicant indicated loud speakers would
not be used, the dust would be treated, and they would not operate past 10:00 p.m.; however, none
of these conditions have been followed. Mr. Hyde requested the Board revoke the permit and help
protect his property rights and quality of life. In response to Commissioner Baxter, Mr. Hyde clarified
the racing was conducted past 10:00 p.m. on various occasions.
Ron Rome, surrounding property owner, agreed with statements made by Mr. Hyde and stated the
applicants have failed to comply with the Conditions of Approval and Development Standards set
by the Board on various occasions and requested the permit be revoked.
Duke Wellington, surrounding property owner, agreed with the statements made by the previous
speakers and stated he has called the Sheriffs Office four times to report noise from the race track
after 10:15. Mr. Wellington stated his property is separated from the track by fifteen-foot high
railroad tracks which is not sufficient to block the noise and dust which comes from the site. In
response to Commissioner Baxter, Mr. Wellington clarified he called and complained about the
noise and it measured 40 db(A) at his home; however, the level of noise varies depending on the
direction of the wind. He further stated there were fireworks shot off at the first race which was
dangerous with a wheat field nearby and the Keenesburg Fire Protection District was not notified
of the fireworks display, nor was a permit obtained.
Mr. Weidenhamer stated fireworks were launched the first night, but it was only for a minute and the
Rocky Mountain Fire Rescue was present. In response to Chair Harbert, Mr. Weidenhamer stated
he was not aware that it is illegal to shoot fireworks without a permit and reiterated that it was only
for a few seconds. He added the track was muddy and there was no immediate danger of a fire.
Responding to Commissioner Baxter, Ms. McConnellogue stated she received a Dust Abatement
Plan, included in Exhibit C, approximately three days ago, and she read it for the record. In
response to Commissioner Webster, Mr. Weidenhamer explained motorcross racing involves all
ages and the kids that are involved often have sponsors. Responding to Commissioner Baxter, Mr.
Weidenhamer stated a Health Department representative came to the site on several occasions to
measure the level of noise and they were in compliance with the 60 db(A). Ms. McConnellogue
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added at the time she measured the decibel level, her equipment was not calibrated. Since that
time, the equipment has been fixed; however, she will not be able to measure the noise level until
the next racing season. Responding to Commissioner Hall, Ms. McConnellogue stated
Development Standard #10 addressed the sewage disposal facilities. Commissioner Kirkmeyer
added the Board did provide that the applicant could use Port-O-Pottys for special events when the
septic system was not adequate. In response to Commissioner Baxter, Mr. Ballstadt submitted the
picture of the Port-O-Pottys, marked Exhibit A. Ms. McConnellogue added the applicant did submit
a request for a septic permit several days ago by fax. Responding to Commissioner Kirkmeyer, Ms.
McConnellogue read a memorandum from staff regarding the dust control at the track and along
the road to be added to the dust control plan.
Commissioner Kirkmeyer stated the Board approves Special Review Permits with Conditions of
Approval and Development Standards as a means of mitigating negative impacts on the
surrounding area; however,the applicant has not shown evidence that he has come into compliance
with Conditions of Approval #1, #2.A, #2.F, #3 or Development Standards#8, #10, #16, #20, and
#27 and she moved to revoke Site Specific Development Plan and Special Review Permit#1181
for a Recreational Facility (supercross motorcycle racing track) in the A (Agricultural) Zone District.
The motion was seconded by Commissioner Hall, and it carried unanimously. Chair Harbert
directed staff to ensure no further activity takes place at the site.
This Certification was approved on the 2nd day of November, 1998.
APPROVED:
ATTEST: hIi S.P'� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Cgily
Weld County Clerk to the841
c/ `r�,j2 ' Constance L. a ert, Chair
BY: Deputy
Clerk to the e
(U iIW ��y " W. 14. Webster, Pro-Tem
TAPE #98-29 and #98-30 A'eorg4 E. Baxter
DOCKET#98-60 •
Dal K. Hall
arbara J. Kirkmeyer
982092
PL1250
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 28TH DAY OF OCTOBER, 1998:
-Do ckET#QB- (aO- fAC EN hIribENrgmEK/KE«Y tiALuEK
DOCKET#98-59 - CAMAS COLORADO, INC.
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) DOCKET#OF HEARING ATTENDING
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