O/T Has anyone gone through this?

Our local Ford/GM dealer bought 130 acres of land on an Interchange of I-80 a mile or so from my house, as the crow flies. This was before the auto companies problems, and since the guy owns Ford and GM on another nearby interchange, I expected a Chrysler dealership to spring up.

Now he wants to put in a motocross track. Since there are some 18 residences within a mile of the property and five adjacent to it, he is meeting considerable opposition.

Has anyone had any experience with a situation like this? Questions that come to mind are:

Effect on property values, both present and future.

Noise levels. He claims all bikes and 4 wheelers will be required to have stock mufflers, but how do you enforce it?

Commotion in the neighborhood.

Trash left lying.

There is a cemetary dating to the Civil War off one corner of the property. Two of the adjacent property owners are elderly retirees.



I discussed it with out staff attorney at work and he said property values were the one point to hammer on. Does anyone have any input as to strategies to oppose it? It's one of those classic "Not in my backyard" situations.

I have a little experience. Motocross was and somewhat still is a passion of mine. I have rode alot of tracks across this country. What will usually close them down will be a complaint to the EPA about dust. Noise will be a problem also, even stock pipes aren't that quiet.
I wonder if this will be a big track, like a national track that the pro's ride at.? Most of the bikes sold now days are 4 strokes but they are still quite noisy and most of the time with aftermarket pipes much louder than any 2 stroke.
It costs alot of money to put a track in. There might be a heck of a costly battle for all involved.
I have been on both sides. It will be noisey that is for sure. Litter and such not a big problem.
Now how close to the freeway because that sure puts out alot of noise also.
How about them semi's for example. It's a problem for sure.

Good luck

Farmer

Find out how the area is zoned. Was a special use permit issued for the originally proposed business & facility? Does the current proposal adhere to the zoning?

If the current proposal doesn't fit the current zoning or the special use permit issued for the original purpose, find out what the process is to obtain a zoning change and everyone needs to attend the meetings. The more voices against this, the better chance you will have of defeating it.

It sure wouldn't hurt to talk to an attorney with experience in this area either.

Nancy is correct below that in a case like this zoning can be your best friend. Unfortunately, if it is an allowable use for the site it also could be your worst enemy.

We had a similar situation several years ago and since our locality has no zoning (less government meddling, etc.) we had almost no recourse and just had to bite the bullet.

Good Luck

All I can say is do everything in your power to make sure it doesn't happen. The LAST thing you want around your place is a motorcross track. I guarantee the clown building this thing will be living in a gated quiet subdivision somewhere else.

Unfortunately, the land is already zoned C-2 Highway Commercial and that allows a motocross track. The matter has not, as yet, gone to the County Commissioners for a special use permit.

I, along with a couple dozen others, attended a meeting of the County Planning Commission a couple of weeks ago, and with at least a dozen speaking out against it, and not one speaking out in favor, the Planning Commission approved it. At that time, the dealer himself had no firm plan, just an attitude of "I'll open the door and see what comes in". He also wants to depend on the two nearest volunteer rescue units for EMT services. They have both spoken against it. By law, a rescue unit cannot refuse to respond to an injury, but they're also not going to tie up their equipment unneccessarily.

I had a half page article published in the local newspaper citing 14 points in the County Code and asking questions as to how they would be met. I also leaned heavily on the Planning Commission for wimping out and tossing it to the Commissioners. (I was surprised I didn't get any obscene phone calls from members of the Planning Commission).

I'm not one for counting my chickens before they're hatched, but two of five Commissioners have spoken against it. The feelings of the other three are not known. That could appear as a possible 3-2 majority in favor of granting the permit. HOWEVER, if you dig deep enough into the fine print in the county code, if 20% or more of adjacent propety owners sign a petition against a project such as this, it then takes a 4/5 majority of the Commissioners, or in this case a 4-1 vote. We have a petition circulating, and if at least two Commissioners vote against it, we may have it won.

Guess we'll see.

In our nasty little town, I have seen the P & Z committee ignore packed meetings where 9 out of 10 were against the special use permit. Once the P&Z committee had approved it, the city council approval was a gimme. Just remember this on election day.

Maybe you can hope and pray a native American burial ground is found on the property....no kidding!

That"ll at least slow down the progress, if not stop it entirely.

Because of the current zoning in place I would push for TIME RESTRICTIONS if the track does go in.

Good luck on muffler issues. In the entire town where I live I doubt you can find more than one Harley with stock mufflers. Too bad everyone doesn't operate a Honda Goldwing as the owners generally keep them quiet and not shaking the entire house.

Can you tell that I'm a grumpy old man today?

I wonder if the developer isn't playing a good game of poker......he wants to propose an undesirable usage.....so when it's denied, he can come back and propose his real plan.....and it will be expidited......because.... at least it won't be a moto-cross track.

I sit on our township board of zoning appeals. We deal with all the issues that are not covered in our zoning regulations.Most of the time I will side with the property owner. As much as you might not like their use of their property it is still their property just as yours is yours.

if the parcel is already zoned to allow for a motorcross track and he already owns it, the developer doesn't have to ask anyones' permission to go ahead and do whatever he wants. - go get a building permit and do it.

If it is approved, the special use permit will still have to be renewed annually.

I pulled up a couple of actual cases, one in Montana and one in Ohio, where someone had put in a motocross track in the middle of a quiet residential area. In both cases, the residents took the track owner to court citing noise and property value issues, and in both cases the plaintiffs won a permanent injunction against the track operation. In both cases, the track owner was required to regrade the terrain to like it was before he put the track in.

A person has certain legal rights as to what they can do with property they own, but they don't have a legal right to create a public nuisance, which was how the tracks were viewed in the above cases.

If the zoning allows it, he will get it. If the board says no, he will sue them, individually, as well as the township. That has happened here several times, the developers won every time.

If this goes through and he wants EMS units on scene standing by, they CAN charge him for special duty pay like a cop at a bank, or special event. They should NOT be doing it for free.

I'm sort of surprised that once a track was in and operating that they managed to get action against it and win.

I'm several miles from a thumper class race track and hear it most Friday nights during the summer.

I certainly wish you property owners well.

In my township a punk kid kept riding his motocross bike (on his land) and the neighbors were fed up with the continuous noise. The neighbors got together to get this guys kid to stop, the township made all the residents come to an agreement on the noise.

But in your case (and I hate to say it) is for all the property owners to get together and lay some money in the hands of the township supervisor (or whoever issues the permit for track) to make sure it doesnt go through.
Unfortunately politicians only respond to bribes, oops I meant gifts.

There is a track nearby and on a Sunday afternoon you can"t drive near it because of the cloud of dust coming off thicker than fog. This is AFTER they put water sprinklers in! If the wind is blowing your way that day, forget about being outside.

you are a good man

Another ex motocrosser here. If it is zoned for it and races are at reasonable times let them have some fun and you may even enjoy the races. They are usually family activities and a good time.

You better be careful about not letting them make dust and noise and then disk or pick corn at all hours of the day and do the same thing.
You may not be one of those guys but some are. Any farming activity is wonderful and others are not.

Goose, were you not the one with a stock car? They make some noise too.

A sweet track was being built near my town and I happened to be talking with a nice lady at her airport. She was against the track as she lived a mile from it and was worried she could "hear it" from her house. Her family runs drag cars too. I politely asked her about her noisy airplanes that fly in right over houses as the airport is as legally close to them as they can build. She really was caught off guard and had to think about that one!

Hey Clodbuster,
You make a good point about a family atmosphere. I think alot of people have the wrong idea about who goes to these races. Alot, and i mean alot of kids. It is definitely a family affair and they usually police their own pretty well, when it comes to drug, and drinking, it's really not tolerated.
If you ever get to watch a race, there ain't nothing better than a 7 year old with a big ole grin on his face looking like a piglet that just got done rooting in the soil for the first time.
These families roll in with quarter million dollar motorhomes also. So its not they are bums looking for a place to camp.
If you have never been to a race, you really should . Just for the experience, and don't be afraid to talk with people , we really like to talk about our bikes, kind of fall in love with them ya know.!!! LOL
Bunch of us old geezers also, out there on the track, wondering why the heck we still do it. LOL

Take care

Farmer

Also an ex racer who still rides, if the land is right off an interstate there is already considerable noise all day and night. MX is going thru a transistion right now where all bikes are basically fourstrokes now, because of this they produce a different "tone" than the twostrokes they replaced, and the manufactures are now having to meet lower DB levels on the bikes. They are still loud, but seems to be an issue that they are working on. There are companies that make an insert that quiets the bikes and doesn't effect HP, its called the DB Dawg. If it goes thru, maybe you can talk to the owner about requiring racers to use these, they are less than $30. Make sure he's required to have a watering system, as others have said dust is probably the biggest nuisance.

On the pro side, a farmer in a small town by me in Chilton WI, turned his farm into a MX track. It's supported by the local community as the races bring in a lot of business to gas stations, restrauants and lodging areas. It's not the end of the world to have this near you and it may turn out to be a positive. Would you rather have kids doing something with their family or running around all night causing trouble?

Okay yak, and clodbuster, what do you have for bikes yet.
I have a mint 2001 cr250 been stored for 4 years. Problem was i love my 2003 yzf 262 . Had it bored, yoshmira titanium pipe, off course suspspension by Race Tech, for my fat a$$. LOL not really fat but never skinny enough or in shape enough to ride like Ricky or Bubba. LOL
I ride that yz twice as long and much faster than my Cr. But i still love that 2 stroke kick.

Take care guys

Farmer

I'm pretty light (5'6", 145 lbs) so I always had 125's, this year I picked up a YZF250 and having some fun on it. I still try to ride at least once a week (doesn't always happen) and raced Vet B against some of the young guys (I'm almost 40, the class is for those over 30) over memorial day weekend at a fun track in northern WI to see if i still had it and managed to get 2nd overall. Exceeded my expectations, so I've managed to find an excuse not to race anymore this year so I can go out on a high note!

I own and operate a MX track. I bought a heavily treed property ajacent to crown land for the track. The county indicated it would be a good location for a track and THEY suggested that I apply to get the land rezoned. Once the land is rezoned(or already zoned for the purpose)it is the same as if it were zoned for farming, residential, commercial or what ever. I do not need to get a yearly permit. My farmer neighbor across the road has no opposition to it at all. He lives in a mobile and says he can hardly hear it. As long as he can sleep at night and no one bothers him if he's driving his swather down the road, he fully supports it. He's in his 70's and it ticks him off when people always figure things are so quiet and peaceful out in the "country". There's noise from cattle, machinery, trains, oilfield sites, gravel pits and a host of other things. The really sad thing is that there are still people with the mentality that anything to do with motorcycles, in general, has to be related to motorcycle gangs and they are up to no good. With new MX bikes costing close to $10,000, it's not the "punks" that are ripping around on them. There are a few bad apples on old bikes but the majority are responsible riders. A track gives people with bikes a place to ride in a safer, controlled environment instead of riding through farmers fields, ditches and roads. If the track was for snowmobiles, there would be hardly any complaints about it. Nobody wants a garbage dump or an MX track close to them but certainly don't want to keep all of their garbage or have people ripping up and down the roads on bikes. A track does put a lot of money in the local economy. If it's next to a freeway, the noise issue is a non issue. People against a track have usually never been to an MX race. It is a good family activity and you'd be really surprised how nice most of the people are. Having a track close by wouldn't have the effect on property values a land fill would. Someone that rides might even pay more to live close to a track. Commotion in the neighborhood? A bunch of old women getting together to find everything possibly wrong with a track? Trash left lying? There are things called garbage cans. Dirt bikes are a multi-million dollar industry and the riders are paying their taxes like everyone else. What's so bad about giving them a place to do their thing? Dave

(quoted from post at 10:09:36 08/13/09) I'm pretty light (5'6", 145 lbs) so I always had 125's, this year I picked up a YZF250 and having some fun on it. I still try to ride at least once a week (doesn't always happen) and raced Vet B against some of the young guys (I'm almost 40, the class is for those over 30) over memorial day weekend at a fun track in northern WI to see if i still had it and managed to get 2nd overall. Exceeded my expectations, so I've managed to find an excuse not to race anymore this year so I can go out on a high note!

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Hey yak,
I did an awful lot of racing. Did a bunch of it in the Vet B class. Most of it was in Tn and Virgina with a younger buddy. I raced up till i was 46. I found that u start losing a step and when you get just a split second behind the bike , no good starts to happen. So i just slow down and enjoy the ride now.
We used to have 30 of us on the line. A's and B's together . Alot of fun!!!
You will love that 250F , that is one sweet machine. Keep riding man!!
I still putt around on my xr 400.
Now my buddy is 35 and i was that age when i met him. He was pretty fast for a young punk. Funny how time flys by.
Now ya got me wanting to find a nice 120ft double just to get the heart pumping again.

Keep it on two wheels


Farmer

Hi Farmer,

Looks like you have some sweet bikes yet!

Sad to say I have been without an MX bike since 1991. I started on three wheelers and then went to bikes. Had an 85 KX 250, 88 CR 250, and then an 89 CR 125. I was fastest on the 125. I was not super fast but had fun and was great at the hole-shot on the start and a good late-braker. I never liked crashing and getting hurt because I needed to be healthy to to my farmwork. When I watch the guys doing backflips and stuff....I can't even imagine hitting that blind jump at that speed and TRY ON PURPOSE to do that crazy stuff!

I did just sell a fun toy last year. I had bought a KFX V-Force 700 quad that was all tricked out. I had it 2 years and sold it to buy a big lawnmower.

I am now getting ready to build a car for a new 2 mile roadcourse track near me. It is very fun but I need to build a car with a cage for more safety. And better brakes.....much better brakes!

(quoted from post at 13:48:23 08/13/09) Hi Farmer,

Looks like you have some sweet bikes yet!

Sad to say I have been without an MX bike since 1991. I started on three wheelers and then went to bikes. Had an 85 KX 250, 88 CR 250, and then an 89 CR 125. I was fastest on the 125. I was not super fast but had fun and was great at the hole-shot on the start and a good late-braker. I never liked crashing and getting hurt because I needed to be healthy to to my farmwork. When I watch the guys doing backflips and stuff....I can't even imagine hitting that blind jump at that speed and TRY ON PURPOSE to do that crazy stuff!

I did just sell a fun toy last year. I had bought a KFX V-Force 700 quad that was all tricked out. I had it 2 years and sold it to buy a big lawnmower.

I am now getting ready to build a car for a new 2 mile roadcourse track near me. It is very fun but I need to build a car with a cage for more safety. And better brakes.....much better brakes!

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Hey clodbuster,

I'll bet that bugger moved. I have 2 nephew that i taught to ride. They both decided that quads were what they wanted. 1st one got married and a kid . His days were over . The second one had 3 in 2 years. Got a girlfriend now, really misses riding, so he call the other day, and says guess what i got a used Yz 450 quad. 2 grand i think a 05 model,he's happy again and still has girl friend. Life is good. LOL
Always thought about the car thing just haven't had time to look it over.

Farmer

Farmer