The URL can be used to link to this page

Browse Search

Home My WebLink About20231372.tiffLETTER OF CONCERN PRIMARY PASS -AROUND CTB DATE SUBMITTED FOR PASS -AROUND REVIEW: '-1/25 /.23 PLEASE SEE THE ATTACHED LETTER OF CONCERN, WHICH HAS BEEN FORWARDED TO foR p n'CQ IN THE WELD COUNTY DEPARTMENT OF P o nA + n8 o..n J 7ori13 FOR RECOMMENDATION. ONCE THE DEP ARTMENT HEAD HAS SUBMITTED HIS/HER RECOMMENDATION FOR RESPONSE, A SECOND PASS -AROUND, INCLUDING SAID RECOMMENDATION, WILL BE FORWARDED FOR y YOUR REVIEW AND APPROVAL. , BUCK FREEMAN JAMES ROSS _ SAINE N OTIFY "CTB Cjak 014 ICANit a\ otIC.(165c--- 0 o‘okekti,V • �1 6-cetiocr, ;S cmAti YkaC' METHOD OF RESPONSE: (2.tra)cc,) Board Action Work Session a 6pi Letter (Attached) Email (Attached) Telephone Call No Response (Explain) Department Head Signature: ad s/2/73 "omiMun co. -k --;Q A S °5 /17/2.3 M:\CTB\LETTERS OF CONCERN\Forms\Department Head Response Fillable Form cc%. PLCTP') °S/12/23 2023-1372 April 14, 2023 Mike Freeman Weld County Commissioner 1150 O Street, P.O. Box 758 Greeley, CO 80631 Dear Mr. Freeman, RECEIVED APR 2 4 2023 WELD COUNTY COMMISSIONERS This letter is in regards to James E. Rawlins at 36501 WCR 65, Galeton, CO. Rawlins' property is adjacent to ours with the property boundary about 150 feet from our home. Through his continual disorderly conduct, his actions have diminished our family's enjoyment and quality of life here in Weld County. Rawlins and his family/friends ride recreational vehicles in the form of extremely loud dirt racing motorcycles, ATV performance dirt quads and more recently, noisy RZR side -by -sides. These activities are frequent enough to have established a private recreational facility in the form of a visible racetrack on his property. In addition to being excessive, unreasonable, and unnecessary noise, these riding activities have also created massive amounts of dust beyond the property boundaries, that is not only a nuisance but a health risk. These are regulated land uses and violate Weld County ordinances Article III — Recreational facility, Sec. 23- 3-110. R-1, C.6 as per Article II, Div. 3., and Article IX — Noise, Sec. 14-9-10, and Colorado Department of Public Health & Environment, C.R.S 1973, 25-7-202(3) — Fugitive Dust. We have made several verbal and written communications to Rawlins about this issue. We have also made multiple complaints to the Weld County sheriffs department, with no resolutions. We would like to request that the Weld County Government enforce ordinances with penalty assessments, per Article X, Sections 23-10-10, 23-10-20, 23-10-40. Enclosed you will find a USB flash drive with recordings of sound bites for decibel levels, videos of recreational vehicle activities with excessive dust, miscellaneous photos, and communications to Rawlins. Boundary measurement Home to property line Weld County map Feb. 9th letter to Rawlins Letter tracking # USPS delivery confirmation NIOSH noise levels Mar. 15 Mar. 18 Older decibel recordings 8 files Older videos 5 videos showing motorcycle & dirt quad activities Private facility 5 photos showing racetrack Recent videos 12 videos showing RZR activities Trespassing issues Letter Oct. 5 to Rawlins 2 photos of tire tracks We appreciate your prompt attention to this matter. Brian Gr. _ : . kie Graber CC: Code Compliance Officer, Tanya Johnson District Attorney, Michael J. Rourke Weld County Health and Environment, Gene O'Hara Weld County Sheriff, Steve Reams April 24, 2023 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weld.gov BRIAN AND VICKIE GRABER P.O. BOX 423 EATON, CO 80615 RE: JAMES E. RAWLINS, 36501 WCR 65, GALETON, COLORADO To Whom It May Concern: Thank you for contacting the Weld County Clerk to the Board's Office in service of the Weld County Board of Commissioners. We have received your letter of concern and are processing it. The issue you raised is under the jurisdiction of the Weld County Department of Planning and Zoning. The department head, Tom Parko, is directly accountable to the Weld County Board of Commissioners. Your letter is being forwarded to both the County Commissioners and Mr. Parko, Department of Planning and Zoning. You can expect a response shortly. Once your letter of concern has been reviewed, the letter itself and the Weld County response will be listed on the Weld County Board of Commissioner's agenda as an item of communications. You can reach the Department of Planning and Zoning at (970) 400-6100. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4225. Very truly yours, Mariah N. Higgins Deputy Clerk to the Board mhiggins@weld.gov cc: Weld County Department of Planning and Zoning Weld County Attorney's Office Weld County Board of Commissioners rR rig WELD COUNTY LETTERS OF CONCERN CERTIFICATE OF MAILING COMPANY POSTAL LAST NAME ADDRESS 1 CITY STATE FIRST NAME CODE BRIAN VICKIE AND GRABER P.O. BOX 423 EATON CO 80615 I hereby certify that I have sent a true and correct letter of receipt in accordance with the notification requirements of Weld County in the United States Mail, as addressed on the attached list this 25th day of April, 2023. f ED CI 0 a lI a /61 -AA -Ns I Mariah N. Higgins Deputy Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com Certified Mail Fee 11 Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ ❑ Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees $ [,- Sent To BA1tIAM o nct VtCVZE &RAISER Street and Apt. No., or PO Box No. CitPsto, roK Hrs y, State, ZIP+4 4 Postmark Here O co X06 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions SENDER: COMC LETS THIS SECTION Cn C 0 13 Q ET O2 rJ c T .. 0) o E 0) w-- N C ▪ S N 0 aN N 1 a) V T1 I - CC ± a� 0 o • w 0 4- U N a) CC a) a) F- a O 'fa; E 14E - O v a) o c 6=— c �a)a)a).0) CL CC CCCU) D❑❑ ❑ a) C) a a) tan CC a) 40 4 cv 2 a) C) a C) C.) .- U) a) CC a) a) N CC cri -o co N E C) Q) C) -a 0 U ■ a) U) a) 2 -c C O 2 -o co cu E C O{.., >, O N 0 a) -cU O E > Q) O ui O co U E U N c� _c -O 4 a I,a) C O a O U O O d) u) E a) -C— c coo Q O ■ 1. Article Addressed to: W co V � Us 4) H 0 VM ri ?o -i X V d 0 2 7 W NoCO De d' CV c0 O LO co co EMS cY) O CD O _LU 2. Article Number (Transfer from service label) 0" O a a r -g rR D Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 [3ouv1chr� HeS&rCfr\evvt - Hota t-0 go,;nj ri @Con() a.... c3 r- o n T I3OurtcAj I`k eo-5 v re Me n T - t o -1-g._ 1 v:s-r-once KQo%cFrcJ This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Co 3 Q.- 9 ctio co P auaSGf(-1 1 p This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION m P D It r • Co S p 1k gat 3 1 4. cc u Cad; brateck r`'`ef-cf K —a+ /n:. ) - Yho to O4- Me -t ci (rieo-sin 0 r; ve ; n c l o at c S Xcet e t S P reani S h e er+ 5 w; -)-- tok R C Q of M J S .1 :4 A LOGGING LEVEL METER www.gainexpress.com • Sound level Range:30 to 130d8 • Frequency weighting:A/C • Fast/Slow time weighting selection • 32000 Reading Internal Memory • Mak Hold functinn I, • High accuracy Barograph c sionoL Monuffacturer rre • t Sound Level Herter Sousd Lavel:30-! 30413 fngrtr-y wtthitarit.C Met •rfjhurt: fanorSfow CE r 'I t 1 :NBC WCII J O. se9 N -+ nommwAzoam OmTo. Co=m.a2<rp,n`p Z _c n 'n Ona ' 0c 27* aaT'- m v a ri r .. tu - ggo 3 fa3o ty>>_ b O+r' tug is D 1 f C r Q B oms. a 0 . 3 so cQ� r V -Q aa 03•-- 4O • �a3'Ctn * c .6'038 Gra a g <om. 3a rr5 3a a K 9 ea n C 5 a 3 a a c O I I a•t o a $ q�mF o g Y 4 0 o Off - g 5 3 Q Q¢]JJ J c �S a13cuJ S O ImsO 0 -=Oa tY cJ 33 — Jy re z co _ZS a 3 a3 0 c n o1 u a o o a d a o o "II a 3 r g c 3 U 9m e a G a O a c_ 3 a 0 0 OM -5co °ar„gSm2roar- L° agates 3 ^' O "'e a. C a a a a C c C a a a (a a a e C a m a And n T Sri �g-r t�(z� wxr 11t o�$� afrEligna kg a a a1� C &yinga dlevigil Is4 11”n g o CIS 0. ,s ` a o t noC roar Ft; cr c' acb J.73 C a o a a a a n S O � w Itut; Gra r A v a a a K luc C Y o m m m < m o 3 72 o "T1 rn Dttn o tZ 0 I - C S.C'.i' On, Ca;:::70;.:O ..� m.anima-cw �C?-nfl =OtaN� OIoni4� as7g c a �+_ � c rnCp:cc Cy i� t m QRRoaa0` F$m»'--'o c�4 a.- _am �. rs 3 ; O V al eta. 54111111 0 m a a--- dS o m , 3 — tam Na J o 3 y,.-a� b S. 111 a3 `3 3'44 a a 0 m pj ? a 5 a 3 lit 5t cast si-, 9--.5 Sim° e Q. a a elb %54. m o Q •••• -13 te % `3 7.4 $mss ea - ga o m.1q0 ula 1 Bait, n Oi O O g O a m =n 3 ' a s. - O O Feb. 9t', 2023 James E. Rawlins 36501 CR 65 Galeton, CO Mr. Rawlins, Thank you for your efforts in respecting our property boundaries. Your efforts are appreciated. I would like to request your assistance on the following. 1. Please reduce the noise of your recreational vehicles within the limits of the Weld County Ordinances. 2. Please maintain your track to reduce nuisance dust. 3. Please refrain from operating your recreational vehicles and discharging firearms between the hours of 8:00pm and 4:00am. Enclosed are copies of County Ordinances. If you have any questions or comments, feel free to correspond by letter or by phone. Thank you for you attention to these requests. Brian J. Graber 970-451-1225 KING # 9114 9022 0079 99g2 8071 72 :R For Tracking or inquiries go to USPS.COn'I or call 1-800-222-1811. 3. Access your content Movies a Music - Games - Audiobooks Find all media at StreamingNow Li c114902200789982807172 lfiN Noise measurement report Date: 4/6/23, 9:50 AM Operator: Place: Measurement results Measurement time (hh:mm:ss) LAeq Max. level LCpeak TWA Dose Projected dose Notes 00:06:30 40.8 dB 60.8 dB 89.7 dB dB Noise measurement report Date: 3/15/23, 3:06 PM Operator: Place: Measurement results Measurement time (hh:mm:ss) LAeq Max. level LCpeak TWA Dose Projected dose Notes 00:19:25 64.8 dB 84.4 dB 106.6 dB 29.7 dB 0.0 % 0.0 % Noise measurement report Date: 3/18/23, 1:10 PM Operator: Place: Measurement results Measurement time (hh:mm:ss) LAeq Max. level LCpeak TWA Dose Projected dose Notes 00:11:45 70.0 dB 92.7 dB 116.2 dB 52.6 dB 0.1 % 2.3 % • •_ -- ' - .•' _ �/.r prem...-- b1 1 _ • •� r S=tair it ••••••..r. .i.��i�r3 .••• -•.. •j.>.: ••;.,,..-- ��•. • .l, r^�' s '!,• } '��ir•' ".'`^r M' �a.i� lawn. � ~♦ J+`Tv .11 •, 1_1 Sr► . ' • tom 'r• t �y ! ' . r 1 .y. -J' JI{Ml.- �� • _ 1 �.` , s. • �Yl+ • • •" -=...�' ^��.• 1'r wit •�.vf1d .re ni _ ti .y�j :. RR'�•-n - XOL' ' �. v, •L•-�`� 1• �J .��•��[ r+ f•�i�l�iL. Tri�i�i.. � �_ .a• / ▪ -1 �N•�.Lf'"��71�� .��C`J. - .t�iY•� • r Y• .. �iq,ieWit`+» � r[V µ -. a •. �y�� .- Vic.... �C., ...1 _ -.. r•- _ - .• • •t•.`. �.�. .r'w-.�J.,.- �}!f•'` �_ Via*• �r a -s.,,•_ r• �•ei:�.- -• _ �• -.. �'.C'�^f. . 9• n '.."� .l'a t .11•` <- .. �w� T _ _ • f". �.•.: L • rl, r.Frn! 4. . t -•b. • Jr; . 1 ...Yr�.L 1r s ' _� j '" ..�T.. .. •_ •may. • � K- • _ • l' • ;N- .� rt,- •t. , • , ••♦ti err ] `F� _ , • • �`• •• • •• J - hr1y • �'+'••�i J.• iv --` � •� �•• •�'r��y • 0- r • . e. �. &LI•ti J. .� ..� i 7M�t •i '1 � • ♦ t..v�' 4:4"• •L:' - ••^ • e 4;a �:' +Yr'• :'�•1 w'i.�.•.bct i�J.' ! �� .: Ai }• �!> Y4' `Yf c. • i0� 1 • __H -. Sere r£ ley! •J J7 :.: r tralrele 1.. A .• +• • ••• ' • 3'.x`•• •;1 '!.,"."0"... N t ;ft! _ :',iv).'„ `. tra, 1 . . S ••A1r 1 Z1 \= ir f lh� • ,V ,i's �fi •{ .fv'-'4,.•r •,•,aa ri .At lam. r., _ < I ,4 Wit: ,- a. i ; .....7 :rrT. .i• .l • • y• _ --�—_ z-. !..wry��.s �C t yam,r .-- a —C -- — p - -• 1..a•. ', ..• ' t•• {lam 4 e -•c • ..ti II N'' •Cl•'. v--� ^Nam . 1• •- tI O701 ; 1t' fa- .• •fl ( L 1r. ; f •,a' I` :L . , A . a9 •.r:• rat,. - t. �u.r v ., +_ t. lar { _ '? is- - r _ --, - r. r;._.i.::.;.4s:H.L-..:.....-:_.r.,::...,..t:...,y :4; - s• -.4."1:-....;S:.1.' ..T. le. -. '44.: c t - •1 1. \,.�•� . . •,;,1.s r.•. -91 - c; z • •.r. C , 4„. 41.E ..v October 5, 2022 Mr. Rawlins, On the afternoon of October 4, 2022, an RV was driven across my property to access you land. This is just a neighborly reminder that no access, or easement agreements exist for you to access your property from mine. Going onto other people's property without permission is trespassing. I am trusting that you will resolve this recurring issue. In the future if you need access to my property just come over to discuss the situation. I'm confident that something can be worked out. Thank you for your attention to this matter. Brian Graber. .. 4.4 � �_ - e Fi �irn� WELD COUNTY ONLINE MAPPING L h•yenne ' ,: _4 Fort Collin% • J • ��--' _ , . . ... IF I }. - , �:, . - ` Legend aParcels :. Highway • - L ` County Boundary . _ . Property - 36625 , salGraber Lot A RECX17-0155 • .._ of Rlikfr v - F •• . ' Les II _ - - Rawlings Property r j RECX17-0155 LotBof 3650 1 r - = _ . - 1: 1,676 Notes __. 279.3 0 139.64 279.3 Feet This map is a user generated static output from an Internet mapping site and is for WGS_1984_ © Weld County reference only. Data layers that Web Mercator_Auxiliary Sphere Colorado THIS appear on MAP IS NOT this map TO may or may current, or otherwise BE USED FOR not be NAVIGATION accurate, reliable Timeline: • August 16, 2020 - COMP20-00268 (Zoning complaint) a Complaint concerning Non-commercial junkyard on Rawlings property • Status: closed • Planning staff did not determine there was presence of a NCB • April 4, 2021 - COMP2I -00097 (Zoning Complaint) o Complaint about racetrack on Rawlings property ■ Status: closed • Planning Staff could not validate that the track was being used by the public • April 23, 2021 - CP-21 O0060 (EH Complaint) o Complaint about dust and noise on Rawlings Property • Status: closed • EH staff could not validate dust or noise at time of inspection. • December 5, 2022 - COMP22-00395 (Zoning Complaint) o Complaint about derelict vehicle and trash on Rawlings property ■ Status: closed • Planning staff observed one derelict vehicle and trash. Owner placed vehicle in garage and cleaned up trash • February 14, 2023 - COMP23-0011 (Zoning Complaint) o Complaint alleging too many dogs on property (kennel) on Rawlings property ■ Status: closed • At the time staff could not verify number of dogs • February 27, 2023 - CCV23-00029 (Zoning and SO complaint) o Complaint about kennel on Rawlings property • Status: open • Animal control with SO spoke to owner who admitted they have seven (7) dogs on the property which exceeds the total number of four (4) allowed on a five -acre property • April 10, 2023 - PRE23-0055 (Pre application submitted for a ZPAG o Pre -Application was help w/ staff to operate a kennel with more than the allowed # of animal units, up to a maximum of eight (8) animal units. ■ Status: ongoing • April 21, 2023 - CP-23 00035 (EH Complaint) o Complaint alleging excessive dust and noise on Rawlings property ■ Status: closed • EH staff did not notice any fugitive dust and could not verify noise violations upon onsite inspection From: Ryan Fernandez <rfernandez@weld.gov> Sent: Friday, April 28, 2023 1:20 PM To: Tom Parko Jr <tparko@weld.gov> Cc: Dan Joseph <dioseph@weld.gov>; Lauren Light <Ilight@weld.gov> Subject: RE: Graber/ Rawlings Complaints Good afternoon Tom, Sorry for the delay in getting back to you, I was out conducting some inspections this morning. First, your timeline looks correct except the first EH complaint you list that it was on 4/23/2022 when I think the onsite inspection happened on 4/22/2022 and the code sections you provided on noise are the most current. I also do not have access to any planning or zoning files on Accela, so I can't be 100 percent sure on the dates if those are correct since I can not open any of those to read the details. For 4/21/2023, the most recent inspection was conducted by me. I was asked to follow upon the same letter and thumb drive that was sent to Jason C. and passed along to Lauren Light, then me. I was not sure on what we could really do for this except go out and look at what was going on. There was no activity taking place while I was onsite. I have not been able to see any of the items on the thumb drive. In a email from Cynthia Villanueva, she said it was advised by IT to not plug the thumb drive into the computer, so I didn't plug it in mine. I do not have access to the U:Drive so Dan will have to forward that to me on our M:Drive. To your question, "Will the noise reading taken from their device be enough to open a new case?", I would defer that to Dan and Lauren at this time. I went out on April 210 in response to the same letter you provided. I imagine the likelihood me going back out there and them actively riding their offroad vehicles is small and we don't have the capability to set up continuous noise monitoring equipment so we would have to be there in person at the time the riding was taking place to get a noise reading. So, I am not sure that would be worth the time, but I am always open to do whatever anyone thinks is necessary. Let me know if you need anything else from me on this. Ryan Fernandez Environmental Health Specialist Environmental Health Services Department of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 970-400-2227 (Office) 970-373-8335 (Cell) rfernandez@weld.gov Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 5 From: Tom Parko Jr <tparko@weld.gov> Sent: Friday, April 28, 2023 9:25 AM To: Ryan Fernandez <rfernandez@weld.gov> Cc: Dan Joseph <dioseph@weld.gov> Subject: Graber / Rawlings Complaints Ryan, Good morning and happy Friday. Please see attached. The Board of County Commissioners received correspondence from the Graber family concerning a race track located on their neighbors property, which is owned by the Rawlings family. Specifically the concerns have to deal with an illegal racecourse, excessive noise and dust. After looking into the records, it appears he have a lot of case history on this and I noticed that Eh has at least two complaints concerning dust and noise. Both complaints appear to be closed. I was hoping that you could verify the timeline I put together and the relevant code sections on noise. Also, the Graber's purchased a noise meter and have taken various readings. I have the thumb drive in my office, but will try and attach the files and send them over if they are not too large. Will the noise reading taken from their device be enough to open a new case? Just so you know, Planning staff has determined that the race track is private and therefore doesn't require a land use permit from us because it's not "open to the public". We have a pre application in for a kennel, however. Diana Aungst is the case planner. If you could review this for me that would be great. I need to respond back to the Commissioners by early next week (Tuesday by COB if at all possible). Thank you, Ryan! Tom Parko Director, Dept. of Planning Services Weld County Goverment 1402 N. 17th Avenue Greeley, Colorado 80631 tel: 970-400-3572 tparko@weld.gov 111 6 Tom Parko Jr From: Sent: To: Cc: Subject: Alright, Dan Joseph Tuesday, May 2, 2023 5:07 PM Tom Parko Jr; Ryan Fernandez Lauren Light RE: Graber / Rawlings Complaints I looked at the sound levels that they provided. Looking at the max level they took and the distance they used in one of photos (147 feet) that means the source was around 136 decibels- or between a jet engine or firework. Seems louder than what those vehicles could put out. Now around 115 dB you would get about 71 dB at that distance. Still loud, but on the edge of what I would consider possible. AN to Snowmobile range is 96-115. That main part here is where did they measure, how did they measure, etc. We are taking them on their word, which they may not be lying or anything, but obviously having an issue with their neighbor. Not saying it is not happening, but their readings seem really on the high end of what is likely. However, even if correct we are back to neighbor dispute which just like if they were having a loud party, the sheriffs office would be the ones enforcing that. I think the data they provided could be used in a general sense, but don't hang the case on it. Commodious • • • x firw.votI♦ Jot ace MP 'Peke wren 444tkzzet 13Pentaiiii r 411: titre ea Mt IL cat city Stag very loud oarre.r.M1Qn f I- E*irt. bereittang threshold of pain extremely loud faint Point 1 Distance from the source Sound pressure level Point 2 Distance from the source Sound pressure level 140 db 130db 120db 11Odb 100db 90 db 80db 70 db 60db SO db 4O db 30 db 2O db 10 db 0 db 100000000O00000 10000000000000 1000000000000 100000000000 10000000000 100000'0000 100000000 10000000 1000000 100000 10000 1000 100 10 0 ift' 136 dB 147 ft . 92.65 dB Point 1 Distance from the source Sound pressure level Distance from the source 147 ft Sound pressure level 1 ft- 115IdB 71.65 dB From: Tom Parko Jr <tparko@weld.gov> Sent: Monday, May 1, 2023 1:10 PM To: Dan Joseph <djoseph@weld.gov>; Ryan Fernandez <rfernandez@weld.gov> Cc: Lauren Light <Ilight@weld.gov> Subject: RE: Graber / Rawlings Complaints Sounds good, Dan! Tom Parko Director, Dept. of Planning Services Weld County Goverment 1402 N. 17th Avenue Greeley, Colorado 80631 tel: 970-400-3572 tparko@weld.gov From: Dan Joseph <dioseph@weld.gov> Sent: Monday, May 1, 2023 12:30 PM To: Tom Parko Jr <tparko@weld.gov>; Ryan Fernandez <rfernandez@weld.gov> Cc: Lauren Light <Ilight@weld.gov> Subject: RE: Graber / Rawlings Complaints 3 I was out last week. Hope to look at today or tomorrow. I will let you know if I have any additional comments. Dan Joseph CP-FS Environmental Health Director Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.400.2206 fax: 970.304.6411 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tom Parko Jr <tparko@weld.gov> Sent: Monday, May 1, 2023 7:56 AM To: Ryan Fernandez <rfernandez@weld.gov> Cc: Dan Joseph <dioseph@weld.gov>; Lauren Light <Ilight@weld.gov> Subject: RE: Graber/ Rawlings Complaints Ryan, Thank you for the quick follow up! Dan or Lauren — did you have anything to add? I was wondering if you were able to look at some of the videos and noise readings? The files are located on the U:drive under "Graber Complaint". Thanks! Tom Parko Director, Dept. of Planning Services Weld County Goverment 1402 N. 17th Avenue Greeley, Colorado 80631 tel: 970-400-3572 tparko@weld.gov NOM 4 Sec. 14-9-40. - Maximum permissible noise levels. A. Sound levels shall be measured as provided for in Section 14-9-50 below. B. Sound levels are hereby established for each type of property during specific hours of the day. Any sound level which exceeds the level set for a type of property at any time of day is prohibited. Sec. 14-9-50. - Measurement and classification of noise. A. For the purpose of measuring a noise to determine if a person has violated Section 14-9- 40 above, the following requirements for measurements must be met: 1. A noise originating within a public right-of-way or other public land shall be measured at a distance of at least twenty-five (25) feet from the source of the noise. 2. A noise originating on private property shall be measured at or within the boundary of the property from which the noise complaint is made. 3. A noise shall be measured on a weighing scale on a sound level meter of standard design and quality and in accordance with the standards promulgated with the American National Standards Institute. 4. Measurements with sound level meters shall be made when a wind velocity at the time and place of such measurement is not more than five (5) miles per hour, or more than twenty-five (25) miles per hour with a windscreen properly attached to the microphone. 5. Vehicle noise shall be measured at a distance of at least twenty-five (25) feet from the mid -point of the lane being monitored, and at a height of at least four (4) feet above the immediate surrounding surface. B. No person shall operate or cause to be operated a motor vehicle, including a motorcycle, off a public right-of-way in a manner that causes the emission of a sound level which exceeds the limits set forth in Section 14-9-40 above. Ind Use Maximum Noise (dB(A)) 7:00 a.m. — 9:00 p.m. Maximum Noise (dB(A)) 9:00 p.m. — 7:00 a.m. ?sidential Property or Commercial Area 55 dB(A) 50 dB(A) Idustrial Area or Construction Activities 80 dB(A) 75 dB(A) onspecified Areas 55 dB(A) 50 dB(A) Chapter 23 - Zoning Section 23-1-90 (Definitions) "RACING FACILITIES: An establishment where animal, motorized vehicle, or bicycle races are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks exclusively for pedestrians, and facilities not open to the public." Key words here, "but excluding facilities...not open to the public" Very difficult for staff to enforce Property owners can have a private tracks on their property as long as they are not open to the public. Other code section cited in the Graber correspondence: Sec. 23-10-10. - Violations and penalties. Sec. 23-10-20. - Criminal penalties. Sec. 23-10-40. - Civil penalties. Graber's cited incorrect code section dealing with R-1 zoning (Section 23-3-110). Both the Graber and Rawlings property are zoned "A" Agriculture. FILE CONTAINS FLASH DRIVE OF VIDEO AND IMAGES - SEE ORIGINAL FILE Hello