Rice County
MN

Action Item
DOC-2017-211

Conditional Use Permit / Addison LLC - Section 2, Webster Township

Information

Department:Environmental ServicesSponsors:
Category:Conditional Use PermitMeeting Groups:Board of Commissioners, Planning Commission

Attachments

  1. Staff report 02-02 LaBeau grading CUP
  2. wide
  3. mid
  4. close
  5. Addison LLC CUP
  6. Addison LLC G & F minutes (This file has not yet been converted to a viewable format)

Resolution/Ordinance Body

(This section is for entering Resolution/Ordinance Language ONLY)

Meeting History

Sep 7, 2017 6:30 PM  Planning Commission PC Regular Meeting

Zoning Administrator Trent McCorkell (TM) presented the request to the Planning Commission (PC).

TM - comment on grading - our Soil & Water district is involved - applicant will need to restore areas of wetland.

TS - two different parcels?

TM - yes, same owner - 3 parcels.

PB - prior crop land and woods and pasture.

TM - yes and wetlands.

PB - no pit activity or history ?

TM - not on this portion, years ago there was a pit utilizing a different area of the property for mining used for the interstate major rebuilding.

PB - condtion #3 states permit valid for 10 months for grade & fill?

TM - yes - standard common wording for grading permits as it should only take that amount of time to complete.

PB - with the reclamation will there be a permit for grade and fill also?

TM- no additional proposed grading at this point, this is an after the fact permit for work that was just about completed.

The PC asked the applicant, Jeremy Labeau (JL), to come forward to add comments or answer questions regarding the request.

JL- stated he wasn't aware that a permit was needed. He has been working with everyone involved through the process, he has hired an engineer and has a SWPPP plan, and he has completed a survey of the property. He is wanting to do this in the right way, also working with soil & water to restore the wetland which is approximately 2000 sq ft that was disturbed. He understands the noise concern - this is a private motocross track, this is my personal endeavor for himself and children. This is something they are passionate about. The motorcycles produce 96 decibels at full peak-wide open full throttle. Compared the level to a grain dryer at approximately 110 decibels. Plans on using two (2) to three (3) nights a week April thru October.

There has been extensive planning with this project, he has spent $5000, money in hydro seeding to stabilize it, he has invested in BMP's to put around the perimeter and is installing a silt fence. He looked for property for three years, he plans to eventually build a house on this property in the future.

MS - the house that is there, are you renting it out?

JL - I am currently fixing up the house to be rented out - the renter will not be allowed to use track, they would be limited to 4.88 acres that includes the house.

TS- how many people will be using this track?

JL - 6 in the family that would be riding, himself and his kids.

TS - so this is private - immediate family only - not cousins, uncles etc?.

JL - yes, family only.

PB- Questioned with this grade and fill permit is it possible for the applicant to have guests ride with him - I like to ride too - if I would do anything like this?

TM - If used beyond private personal use, he would need organized motor sport CUP.

Chair Sammon opened the public testimony portion of the item to the public and the following spoke:

Allen Godfrey - lives approximately 1/2 mile from established motocross course - stated this is a professional type course, believes this was not unintentionally started, and that the requirements of a permit were known. The applicant is connected to a large construction business and listed as previous owner of Diamond Motocross which supports professional motocross racers. This was built within a weeks plus time, with many riders attending and riding through out the weekend. There are multiple homes in this area that are adjacent to this property. He would like to request the board to deny this CUP for establishing a motocross in the Webster area.

Chuck Rud - Webster township board - there were many people that came to our meeting, all against it due to noise.

Kathy Shea - read letter, loves being out in the rural area, they are retired and spend time on their deck, they can not enjoy the deck due to the noise. That land is high quality agricultural land and would expect the noise from a farming operation not a motocross track.

Sheila Dayus - Live right next to the track, it is right in back yard. First weekend was very noisy. They have a grandson with autism that they take care of twice a month, and he can not handle the noise so they had to take the grandson from their family home. The applicant has disrupted the landscape and the beauty of the land. The motocross track will interfere with their CUP. We can not afford to lose our business, due to this track. we have a CUP for Soccer fields for children, and this track presents safety concerns. Submitted petition with 50 signatures.

Brian Boehnke - His family is concerned with the track in place and what it could become, also the engine noise and potential snowmobile use in winter that will bring the noise to the neighborhood all year around. What about lighting? and camping on the premises?. Main concern is for safety for anyone who comes in close proximately to the property, it could potentially be unregulated and unsafe for not only the ones on the track but for the bystanders. The owners of this property can go back to their homes and not have to worry about the noise, dwindling property values and the road traffic impact.

John Dayus - stated he has a comment for the applicant - if it is private why buy it in a LLC?. If it is going to be a family private use, the property should be in his personal name. He feels it will be used for commercial use. This will be detrimental to our business which we have a CUP in place for a soccer complex. Parents and children will not feel safe on our property. Stated that the he found out that the applicant has been viewing neighboring property to be purchased by JL/Addison LLC ; which would give him many options for traffic alternatives.

Eric Holt - lives north of County Road 86, less than an 1/8 mile from proposed motocross track. He had noticed the beeping noise of the large equipment backing up when the construction first started, the noise lasted all week. He commutes 45 miles to St.Paul, wants to live in the country for the peace of quiet and to be able to open windows during the short Minnesota summers. Please stop this before our property values decrease.

John Shea - Lives on Logan Ave, feels the motocross track will create several types of pollution, air pollution for the dust created by the vehicles, land pollution from oil and gas spillage, etc and of course noise pollution. This will Devalue neighboring homes. He observed RV's and different types of vehicles the first weekend & questions how much is personal. This is being done by a company in the construction business and should know all the rules, this is disturbing good agricultural land and wetlands.

Christina Tanttari - property is adjacent to north across on 280th St. The construction noise was disturbing to her hobby farm animals, horses upset, chickens stopped laying from the noise, dogs barking. They are unable to go outside to enjoy the yard and gardens and their organic farm. Even unable to hold conversations with husband in the barn as the noise was too loud. She feels her rights are being taken away, does not believe it is personal use - multiple vehicles at site, there were more than six people racing. The lay of the land causes the sound to reflect right into their home.

Colleen Braucher - very upset about the motocross track, they have grandchildren that play outside, they garden outside April through October. It was hard to enjoy their outdoor pool that weekend. It was like being next to Elko Speedway. The noise is unbearable. This noise level is not acceptable for humans or animals. Pictures did not do justice, this is not a personal track, it is a professional track. They have lived here for 19 years and can't enjoy the peace and quiet. Quality of life affected, damaged property values. What is the road maintenance going to be like as it is not great now.

Micheal Braucher - read a statement from neighbors (Mike Lambert) that could not attend. Since the grading is already done they are not asking for permission but for a blessing for what they did illegally. During the construction hours they were unable to enjoy the summer months with windows open due to the dirt coming in the windows and covering everything. The parcel of land for sale near this property has had the value dropped substantially with no sale in sight.

Tim Anderson - Lives on Logan Ave - he is an ex-motorcycle racer when he was young, he knows what happens as you modify the exhaust and the bikes, low tone mufflers are gone. If your buddy has a place to ride others will be coming to ride too. An LLC purchased this - so what was the intent? - he does not believe it is a personal use, if so, it would it be short termed. The decibel level will not be lower than the construction equipment that was being used during the construction of this motocross track. The back up alarms on the equipment is 97 to 107 decibel level.

Ann Ettlin - lives on 335th St - directly across from racetrack. She backs up and agrees with what everyone has stated here tonight. We apply for permits as needed. Disappointed in Mr.Labeau that he did not get the necessary permits.

Lucy Holt - built home 22 years ago and knew she needed permits, she is passionate about her land and peace and tranquility, and the thousands of dollars in taxes she has paid to enjoy her property. This is her retirement and is feels it will be difficult to sell this property with this track in place.

Dan Beckvall - they bought their home a year ago - planned to move out to country for peace and quiet and now that is interrupted. Please abide to the current laws.

Dave Mathews - agrees with all said, coaches 3rd and 5th graders and has them out to play soccer now he needs to yell at kids over noise to coach. Feels that JL is more than aware of permits needed as he is in the construction business.

Chair Sammon closed the public testimony portion of the item to the public.

Discussion:

PB - In looking at a grading & filling permit - what comes after that in regard to the county dealing with issues with a private family project verses more than that?

Applicant Jeremy Labeau came back up to speak:

JL - It was not my intention to create all these problems, I am in the construction business of insulation and waterproofing, and I am aware of permits for construction of structures, but not aware of permits for dirt moving on my own land. I have built two other tracks, one in Farmington and Lakeville, and never had any complaints or had to get permits for them. Honestly just want a personal site to ride some. I am looking for a place for my family to ride. I had purchased as LLC, as there are three different parcels, with 3 available building permits/rights. As an LLC I could write off the business expenses on the rental portion. No intention for a commercial professional motocross track, he does not want the liability. No additional people will be coming out to ride on the track if it is approved as private use. I am willing to be flexible and work with the neighbors as far as designated nights to ride. I have a wife and 3 children, we want to move here and build a house. I grew up on farm and want to be back out on a farm. I am willing to sit down with any neighbors to discuss hours/nights and be a good neighbor. Respect their opinions and I want to enjoy my land also.

MS- prior to this - have you had big groups out? This may be the disconnect with the noise level, as you may have had others riding out there?

JL - there were at the most four or five bigger bikes out there at one time. I was unaware and once I received the stop work order, I stopped the work and haven't ridden out there since. I have a camper that I store out here that is my own. My friend operated the dozer, he did it in broad daylight, there was no intention to hide the work. I am following extreme plans that were created to stabilize the land and with no erosion. I have spent thousands of dollars to do this the right way even with the idea that it may potentially not be approved.

JD - comments that he rides and family rides. In looking at the grade and fill application; Item I in the application involves the effect on business. in my opinion this motocross track would have a strong possibility of an adverse effect on the soccer complex and the kennel that each have existing conditional use permits. But also recognizes that it could all be graded back and could still ride there for personal use.

TS - where are they in relation to track?

JD - straight to the south. he did know he was building right next to adjacent property owners homes and businesses, and in my opinion it will have an adverse effect on the businesses. For the soccer complex the kids will be practicing on the weekends and evening, and that is the most opportune times to ride bikes is on the evenings and weekends. He has received many phone calls, he believes where the applicant failed is not informing neighbors what he was going to do. The reality is he could put it back to what it was and still ride on his land.

PB - looking at grade and fill permit and what it is tied to it - private or public issue and the noise issue - son has one and he understands the noise as an issue. We have a couple of things to separate and work with.

CP - agrees with JD - with the kennel to the south, the noise is the issue to the animals along with the soccer fields. Also agrees that he does have a right to use his own property though too.

MS - agrees with board members - concerned with the private use fact that the applicant doesn't live on the land.

TS - the fact that is- in front of us- is the grade and fill permit. I am hesitant on this project due to the dog kennel and soccer field.

CP - If it was some place else on the property, we have had after the fact issues before, but the issue is the adverse effect on the existing kennel and soccer complex conditional use permits.

TS- so is it the feelings of commission is to deny based on the findings of the effect on the existing conditional use permits so close?.

JR - I encourage the commission to state how the grade & fill permit is affecting the neighboring conditional use permits. This is a request for a grade and fill permit.

JD - seems there are no reasons to deny the grade & fill permit - if the grade and fill isn't tied to something what is the purpose of a grade and fill coming to us?

JR - we have denied or tabled grade and fill permits due to disturbing wetlands, not adequate plans, shore land impact zone, final grade causing runoff onto neighboring property, etc. We need to view this from the the legal standpoint.

JD - what is the purpose of grade & fill permit?

JR- so there is adequate plans, moving the dirt in right directions, end result is the restoration plan, soil is stabilized, no runoff issues.

PB - suggests to table the permit for legal advisement for the application?.

TS - leaves the door open for allowing it for tight guidelines such as times etc. he is in agreement to table.

TS- Tabled for next meeting for legal to review it, are all in agreement? Would the public hearing be open again?

JR - you do not necessarily have to open as public hearing seeing you had it tonight, it is up to the commission. You can open it if you choose.

TS - In past have opened it to public to hear only new information. Tabled to October 5, 2017.

JR - pointed out that everything from tonight is part of the record, and is included when tabled, so no need to repeat.

PB- made motion to table the grade and fill permit

MS - seconded

RESULT:TABLED [UNANIMOUS]Next: 10/5/2017 6:00 PM
MOVER:Preston Bauer, Vice Chair
SECONDER:Michael Streiff
AYES:Michael Streiff, Preston Bauer, Tom Sammon, Charlie Peters
ABSENT:Joe Horejsi