NOTICE to all motocross hulks who RIDE FIRST AND ASK QUESTIONS LATER: Thanks for the laughs on your motocross blogs. Sadly, you still don’t get it. Idiot Ridge DOES NOT MEET THE CONDITIONAL USE RULES. Read below from the Staff report – REPEAT – IDIOT RIDGE DOES NOT MEET THE CONDITIONAL USE RULES. So write away but IDIOT RIDGE STILL WON’T MEET THE CONDITIONAL USE RULES.
Sadly, no matter how many “fan’ letter get written, they can’t have any SUBSTANCE to address conditional use because there are no “I am a fan, I need to ride” legs to stand on. You need SUPPORTING FACTS, HULKS.
Sample Idiot Ridge “fan” letter to Clackamas County:
“I want to ride, I love Mr. Idiot Ridge, Mr. Idiot Ridge loves his family, Mr. Idiot Ridge and Steve Corrie and Elaine Derrick say it is the “middle of nowhere” so I want to ride. Mr. Idiot Ridge kept telling me that if he just put together a pile of paper and spent some money I could ride. I know I have been skulking around at Idiot Ridge ignoring the laws for years but I want to ride. I am a loser who can’t do real sports. Most of the loser places where I try to ride are closing or are in code trouble or are in environmental trouble and I need a place to ride. The National Forests are kicking us motocross fools out so we need a place to ride. Let Mr. Idiot Ridge have the illegal “park” because there is nowhere I can ride because everyone on the planet except motocross hulks hates motocross. We hulks don’t care about the neighbors or the environment because we just want to ride. We hulks are all too lazy to read and understand the rules or codes or process but we want to ride. Please ignore all the land use rules/codes that I (choose one, choose all): don’t understand, am too lazy to bother to understand, refuse to accept the reality of, and/or can’t understand because I can barely read and write because I want to ride“. Sincerely, Motocross Hulk /Hulkette # 1, 2, 3, 4 , 5 …..one million………………..
The Conditional Use Rules have zero interest in your “need to ride”. ZERO. And zero letters or a million “need to ride” or “we love Mr. Idiot Ridge, he’s a great guy, he built a swell illegal commercial track” letters are worth ZERO in the eyes of the conditional use rules.
Can any of you READ? The County could care less about your opinions – you are CARPETBAGGERS and you and your “wishes” don’t count! The only issue is if Idiot Ridge can comply with land use rules and it CAN’T COMPLY. READ and THINK IT THROUGH FOR A CHANGE!
Next time you invade a community, ask the owner of the property if he has gone through the PROPER PERMITTING PROCESS, AND IS COMPLIANCE WITH THE CODES FOR “PARKS” AND “EVENTS” AND “NOISE” AND WATER USAGE, ETC. There is a big bad world of rules and regulations out there and IDIOT RIDGE GOES DOWN ON EVERY OFFICIAL COUNT FOR NON-COMPLIANCE.
This pathetic destructive scenario is repeated over and over across the nation every time an illegal motocross “park” is created. The public’s loathing for motocross is all over the web! You know it, I know it and government agencies know it. Your destructive sport only serves to unite people around the nation to stop you from riding anywhere near residences. The Forest Service is smart enough to know to severely limit dirt bike use in the forests. Fish and Wildlife is smart enough to limit your use in wildlife habitat.
Since most of you have no idea what LEGAL LAND USE means and no respect for rules or for peoples’ right to enjoy their neighborhoods in peace, below are excerpts from the piles of OFFICIAL NEGATIVE comments about IDIOT RIDGE. It’s NOT JUST ABOUT NOISE – it is about MULTIPLE IMPACTS ON HUMANS, FORESTS, WILDLIFE, AND THE LAND!
Next time GET THE FACTS FIRST! Next time UNDERSTAND THE PROCESS!
1. Excerpts from the Clackamas County DENY DENY DENY Staff Report:
A. Denial of the Motocross course for BMX cycling, horse carting and motorcycles and the campground for the following reasons:
1. The proposed motocross track meets the definition of a “Private Park” but the characteristic of the proposed track is not a “recreational opportunity appropriate in a forest environment” and therefore it does qualify as a listed conditional use permit under Section 1203.01(A).
B. Denial of the Campground:
1. The proposed campground does not meet the requirements of Section 407.06(B)(4)(a-d). The site is located just under the 3 miles from the Molalla UGB and the site does not have a body of water that qualifies as a reservoir, a large body of water. Therefore, the campground does not qualify as a listed conditional use permit in Section 1203.01(A).
C. Denial of the Motocross course and campground for the following reasons:
1. Staff believes that the following issues under Section 1203(D); traffic, dust, surface water drainage/erosion, noise, fire danger, water usage, and air pollution impacts resulting from the proposed use could substantially limit, impair or preclude the use of surrounding properties for farm and forest uses or practices or other primary uses in the Ag/F zoning district.
e. The property owner constructed the motocross track several years ago and has used the facility for personal use, family members and friends on a number of occasions over the last year. Based on the findings in paragraphs a-d above, staff believes the characteristics of the motocross track is inconsistent Section 407 of the ZDO and Statewide Goal 4 and should not be allowed regardless of whether it is for personal use (family members and guests) or as a commercial use as proposed in this application. (blogger comment: I would be getting some plans ready to RESTORE THE LAND!)
(Comment from blogger: The next code, ZDO 1203.01 (D), is the IMPACTS ON NEIGHBORHOOD/IMPACTS ON QUALITY OF LIFE/IMPACTS ON LAND/AIR/WATER/WILDLIFE code that is SUBJECTIVE in that it CARES ABOUT THE OPINIONS AND NEEDS OF THE NEIGHBORHOOD!
This code DOESN’T CARE ABOUT MOTOCROSS “NEED TO RIDE” OR HELPING A SCOFF LAW PERMIT HIS ILLEGAL FACILITY AFTER IT WAS BUILT AND USED or how much his “family and friends” love him!
IF YOU RODE AT IDIOT RIDGE YOU HELPED CREATE THE BELOW NEGATIVE COMMENTS!)
D. Section 1203.01(D): The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs, or precludes the use of surrounding properties for the primary uses listed in the underlying zoning district. (blogger comment: this is the definition of the code – the proposed use, i.e. motocross/camping, may not alter the character or it will be denied – and what follows are the reasons it WILL ALTER THE CHARACTER OF THE LAND AND THE COMMUNITY, SO IDIOT RIDGE DIES! And take special note of the number of comments received on each issue!):
1. All the adjacent properties are located in the AG/F district. The primary uses allowed in the AG/F district are listed in Section 407.04 of the ZDO. The primary uses allowed in this zone primarily include forest operations or forest practices, farm uses, and uses to conserve soil, air and water quality and uses to support wildlife. Potential impacts on residential land uses are not relevant to this criteria because dwellings are not allowed as a Primary Use in the AG/F zoning district.
The background information provided in this report describes the general land uses occurring on the adjacent properties. These uses include farm and forest lands and most of the lots are developed with single-family dwellings.
Potential impacts on farm and forest uses from the proposed use include increased traffic, dust, surface water drainage/erosion, noise, fire danger, impacts to livestock and wildlife, water usage, air and water pollution, intensive and misuse of farm/forest lands, trespassing, and protection of native vegetation/environment and restrictions on the type and frequency of farm and forest practices such as spraying, harvesting and slash burning due to the increased number of people on the site. Numerous comments have been received from neighbors, agencies or other interested parties identifying potential impacts. It is important to recognize in the evaluation of these impacts that this criteria does not require that the use not have any impacts, but instead the impacts must not substantially limit, impair or preclude the use of adjacent properties for the allowed primary uses.
2. The evaluation of this criteria requires a substantially similar analysis as required in Section 406.06(A)(1) and (2) of the ZDO. The applicant has not provided any analysis of potential impacts of this use on farm or forest lands and associated management practices.
3. Proposed activities regulated on the site include a 20 site campground, 1 teepee site BMX cycling, horse carting, and motocross course, 8 RV parking, on-site parking and circulations system (site plan above, on page 4). Staff believes the potential impacts on properties include traffic, dust, surface water drainage/erosion, noise, fire danger, impacts to livestock and wildlife, quality of life, water usage, air and water pollution, intensive and misuse of farm/forest lands, trespassing, and protection of native vegetation/environment. The applicants have not addressed these issues. Staff finds the following:
4. Noise: The proposed use will include groups of up to 250 people on the site, using the entire site, proposed campground and RV spaces, existing race track, and proposed parking and circulation areas. Twenty-five Comments have been received commenting on noise associated with this proposal. The applicant briefly discussed noise that would be generated from the proposed use, i.e. motorcycle racing on site. The applicant states that “sound measurements will be made with a sound level meter, each motorcycle will be tested prior to getting approval to use the facility. The muffle(s) shall meet DEQ and Department of Forestry (noise) standards. The sound level meter shall be in good operating condition, meeting the requirements of a Type I or Type II meter, as specified in the ABSI standard 1.4-1971. The sound level meter shall contain at least an “A” weighted scale, and both fast and slow meter response capacity, and shall be on site at all times. Personnel making measurements shall have completed training in the use of the sound level meter. We also, have built a 3 foot high dirt/soil buffer and planted 8 foot tall solid Niagara Cedars. This has given us a height of 9-10 feet. Also behind his wall of shrubs along the north east corner adjacent to the property owners will be a 10 foot with solid wood fence to create more privacy and sound protection. To be built. It is our top priority to work with the DEQ and also the Clackamas County Board of Commissioners on Noise and Dust issues, we feel we can and have met the criteria set forth.” The applicant states that motorcycles can meet these requirements; however, 25 comments submitted to the County state that the noise from the existing motorcycle races which began in 2007 keeps citizens from enjoying the outdoor use of their properties as they once did prior to motorcycle racing on site. ODFW is “concerned about constant high decibel noise effects to wildlife when large numbers of dirt bikes use the area on a daily basis. Noise in excedance of 85 decibels can have direct impacts to native wildlife including complete abandonment of the area. The subject property is located in foothill habitat, important for deer, elk, and their associated predators, particularly during
Notice of Land Use Recommendation – File No. Z0348-10-C Page 26
winter when snow forces big game down from higher elevations. Deer and elk emigrating away due to high noise disturbance in fall, winter and spring will be forced to concentrate elsewhere and compete for limited food and space.” Staff has not seen evidence that motorcycle mufflers can meet the DEQ, Department of Forestry or County noise standards. No test results have been submitted.
5. Dust and Water Usage: The agriculture/ forest zoned subject property is primarily being managed to race motorcycles. Dust generated from common and accepted agricultural practices is not regulated under this conditional use permit because those practices are allowed outright under the Ag/F zoning district. However, dust created by the proposed use is not from a -farm/forest use, but from motorcycle racing. There are 17 comments about dust and water usage for concerned citizens submitted to this application. Their concerns range from dust from the motocross races to possible use of Rock Creek water. The site has been excavated into a dirt track that is miles long, with banked curves, hills, dips, jumps, etc. See Exhibit 14. The applicant has installed a sprinkler system to keep down the dust. The applicant has received a permit (R-14664) from the Oregon Water Resources Department for storage of up to 3 acre feet of water. The comments (Exhibit 17) go on to say that “the existing reservoir associated with this permit had the capacity to store less than10 percent of that amount the last time I was at the property in the summer of 2010. The permit holder has until October 15, 2014 to construct the reservoir so that it stores up to 3 acre feet of water. The Oregon Department of Forestry has a condition in its approval that requires that the reservoir be kept at 75% of its designed capacity. That would make only 0.75 acre feet available for irrigation and dust control. If the applicant irrigated the entire 15 acres for 2 days at the maximum allowable rate 0.76 acre feet of water would be used. If the reservoir is enlarged to 3 acre feet, it is still not enough water to satisfy the Department of Forestry condition, irrigate, and control dust. Oregon is considered a one fill state with regard to reservoirs. Which means the reservoir can only be filled one time to the permitted amount. There is no right to maintain the reservoir with additional water. Whatever amount, up to 3 acre feet, that is stored by June 30th of each year is all that is allowed to be used under the existing permit. There is a second reservoir on this property. The applicant was notified that the reservoir does not have a permit and he needs to obtain one if he wants to continue to store water in that reservoir. The reservoir is clearly visible in the aerial photo submitted with this application. No regulatory action has been taken at this time regarding this illegal storage of water but it is likely to happen in the near future. The applicant was notified on June 30, 2010 that he could not use water under Permit S-54610 because he did not have a flow meter as required by the permit. That action was essentially moot because there was no water in the reservoir. Since the reservoir for Permit R-14664 was essentially not constructed and the sprinkler system has been installed and has been used I can only conclude that the water to operate it was coming from a different source. The applicant informed me that he did not divert water from the unpermitted reservoir on his property because it has fish in it. That leaves only Rock Creek and the domestic well on the property as the only other two potential sources. There are no water right permits to divert water from either of those sources associated with this property.” (blogger comment: the above quote basically says there is illegal water usage, that the landowner is a liar, because the water is drawn either from the creek or the domestic well – that’s a no no!) An alternative method for sprinkling may be necessary. The applicant will be required to control and contain event dust on site.
The off-street parking and circulation areas will be improved with screened, compacted gravel which will minimize dust.
Staff is not convinced that with the above evidence submitted by the Oregon Water Resources Department, that the applicant will have enough permitted water to control dust created by the proposed motocross track events.
6. Traffic: The County received 14 comments about increased traffic with this proposal. Wilhoit Road provides direct access to the property. Traffic is not routed through adjacent lands, and driveways are not shared by other property owners. The applicant is proposing to have one event per day for up to 250 people from the hours of 10:00 am to 7 pm 15 days a month, 8 months a year. This intensive surge of incoming and outgoing traffic is not common in a farm/forest area, with large parcels of rural land.
Staff finds that the surge of traffic with approximately 100 vehicles, some towing motorcycles, BMX bicycles or horse carts twice a day from participants, spectators and campers to and from the site is not a normal farm / forest use occurrence.
7. Livestock and Fish and Wildlife: 17 concerned citizens wrote comments about impact to their livestock and or the wildlife in the area. They were worried about the effects that the loud motorcycle noise would have along with the increase of miscarriages, and loss of wildlife habitat. ODFW (Exhibit 18) state that “though motocross is recognized as a recreational activity, ODFW has concerns for some direct effects that motocross activities can have on valued fish and wildlife, and their habitats. Running large numbers of dirt bikes on open dirt tracks can erode soils and when exposed to heavy rain, wash sediments into Rock Creek, affecting spawning, rearing and survival of both listed steelhead, and certain life history stages of other sensitive species. In-stream turbidity and its effects to water quality is a large concern.”
Staff accepts ODFW’s comments and make them their own. There is a concern of impact on wildlife habitat and migratory habits along with fish habitat affected by rain run-off from the dirt track.
8. Fire Danger: The County received nine concerns about fire danger from motorcycle riding. As discussed above under b. Dust, there may not be enough water on site to keep the dust down, let alone contain a wildfire. Exhibit 19, from the Oregon Department of Forestry has “jurisdictional interest in mitigating the wildfire ignition threat posed by the conditional use. The advisory comments are on the long term consistency of the proposed use with the existing Forestry Use Special Assessment (Forest Deferral) tax status on a portion of the property and with the compatibility of the proposed use with certain goals of the Agriculture/Forest Zone and the Forestry
Notice of Land Use Recommendation – File No. Z0348-10-C Page 28
Program for Oregon”. The Department of Forestry has proposed some conditions of approval, listed above in this report.
Staff concurs with the Oregon Department of Forestry, fire danger could be heightened with the used of numerous motorcycles during the summer / dry months.
9. Trespass: There were six comments about the probability of trespassing onto adjacent properties by event participants, spectators and/or campers. Staff recommends that the site be fenced with fencing and no trespassing signs posted facing the site.
10. Surface Water Drainage/Erosion: Five citizens were concerned about possible erosion of dirt from the dirt track eroding into Rock Creek and the impact on the aquatic life of the creek. The applicant will be required to get a Land Use Compatibility Statement (LUCS) from DEQ and signed by the County, before further disturbance of the site occurs. See Exhibit 16.
11. Quality of Life: Thirteen citizens had concerns about their quality of life since the motorcycle racing began in 2007. Statements such as not being able to have family backyard BBQ’s or gardening due to the noise, increase traffic on Wilhoit Road, and trespassing issues. The main quality of life concern is the constant (all day) noise and level of noise from the motorcycles. Staff finds that this intensive noise use is not a normal use in the farm/forest environment.
12. Other issues of concern were air pollution for the motorcycles racing all day, 5 days a week, 15 days a month for 8 months. Also, the lack of protection of native plant species/ ecosystem, with the dirt tracks covering a large section of the site. Safety, hours of operation, alcohol use on site, sanitation, trash, vandalism to neighboring properties, and property values are also concerns.
13. Summary: Based on the above findings, staff believes that traffic, dust, surface water drainage/erosion, noise, fire danger, water usage, and air pollution impacts resulting from the proposed use could substantially limit, impair or preclude the use of surrounding properties for farm and forest uses or practices or other primary uses in the Ag/F zoning district.
This criterion is not met.
(BLOGGER COMMENT: NEIGHBORS WIN, MOTOCROSS LOSES! And “13” always was my lucky number!)
2. CONCLUSIONS OF 1000 FRIENDS OF OREGON (the FREE TOP FLIGHT LEGAL HELP FOR THE NEIGHBORS):
A “private park . . . and campground” may not be approved on the subject property, which is high-value farmland.
Neither Goal 4, CCZO 1203.01(E), OAR 660-033-0130(19), 660-006-0025(4)(e), nor CCZO 407.06(B)(4)(b) allow development of the motocross track, which is an “intensive recreational use.”
The motocross track cannot be found to comply with ORS 215.296 and CCZO 407.06(A)(1).
The motocross track does not comply with general conditional use criteria in CCZO 1203.01.
No information has been provided establishing that DEQ and Clackamas County noise standards can or will be met. Applicable noise standards in fact cannot be met, and the proposal therefore does not comply with Goal 4 and the Plan or CCZO 1203.01(E), CCZO 1203.01(B), and (D).
For these reasons, the application should be denied.
3. COMMENTS from Oregon’s Land Conservation and Development Department (DLCD), the State’s land use oversight agency (Blogger comment: if you have a brain in your head, you don’t want to go up against DLCD. The County didn’t even bother to notify them, but they are so concerned they weighed in anyway – so that’s a really bad sign for motocross “parks”):
Dear Members of the Commission:
Thank you for the opportunity to comment on the above-referenced application for conditional use approval for an existing motocross track and campground as a “private park” in the AG/Forest zone. A motocross race track is not an allowed use in a forest or mixed farm-forest zone. The authorization for private parks at OAR 660-006-0025(4)(e) may not be interpreted to allow motocross race tracks, according to Utsey v. Coos County, 38 Or LUBA 516 (2000).
OAR 660-006-0050 allows uses that are authorized in exclusive farm use zones at ORS Chapter 215 in mixed farm-forest zones, subject to the requirements of the applicable section, and Utsey does not prohibit motocross race tracks as private parks in EFU zones. However, all private parks and campgrounds in EFU zones are prohibited on high-value farmland and we understand the subject property to consist primarily of high-value farmland soils.
Finally, OAR 660-006-0025(4)(e) and 660-033-0030(19) prohibit campgrounds in EFU, forest and mixed farm-forest zones from including “intensively developed recreational uses,” which we believe would include a motocross race track.
Thank you again for the opportunity to comment on this proposal. Please let us know if we can provide any further information or assistance.
4. COMMENTS from Oregon Dept. Of Fish and Wildlife (blogger’s favorite!):
This correspondence is in response to the Notice of Public Hearing for a Conditional Land Use permit application received by the Oregon Department of Fish and Wildlife (ODFW) from the Clackamas County Planning Division. The applicant would like to use a portion of their property, zoned AG-F, to operate a motocross park and campground. ODFW has reviewed the application and associated documents and has comments on the proposed land use and its potential effects on habitats and native fish and wildlife resources in the area.
Rock Creek, which runs along the eastern side of the property along Wilhoit Road, provides habitat for federally listed winter steelhead (Threatened), and other native fish species including cutthroat trout and brook lamprey. Native amphibians, including state sensitive red-legged frogs and Pacific giant salamanders, may also use habitat provided by this stream. The property is also located in foothill transitional habitat south of Molalla, an area considered important for big game including deer, elk and bear, particularly as winter range in late fall, winter and early spring. Many furbearing and native non-game wildlife and birds use this area, as well. Though motocross is recognized as a recreational activity, ODFW has concerns for some direct effects that motocross activities can have on valued fish and wildlife, and their habitats.
Running large numbers if dirt bikes on open dirt tracks can erode soils and when exposed to heavy rain, wash sediments into Rock Creek, affecting spawning, rearing and survival of both listed steelhead, and certain life history stages of other sensitive species. In-stream turbidity and its affects to water quality is a large concern.
Based on ODFW observations, riparian buffers along Rock Creek and a wetland on the property are marginal, and do not exist at all in some reaches. Native vegetation is essential to maintaining bank stability, preventing erosion, and filtering sediments washing off the open tracks during heavy rain events. Riparian vegetation is necessary for natural stream function, and also provides a buffer and habitat for wildlife moving through or residing in the area. ODFW therefore supports language in Zoning and Development Ordinances 1002.02, 1002.05 and 1002.06 that stresses avoidance of injury to wildlife and fish habitats, maintenance of riparian buffers and filter strips, and preservation and improvement of water quality.
ODFW is also concerned about constant high decibel noise effects to wildlife when large numbers of dirt bikes use the area on a daily basis Noise in exceedance of 85 decibels can have direct impacts to native wildlife including complete abandonment of the area. The subject property is located in foothill habitat, important for deer, elk and their associated predators, particularly during winter when snow forces big game down from higher elevations. Deer and elk emigrating away due to high noise disturbance in fall, winter and spring will be forced to concentrate elsewhere and compete for limited food and space.
ODFW appreciates the opportunity to comment on this Notice of Public Hearing for a Conditional Land Use permit application and looks forward to working with the County in finding resolution to this matter.”
Blogger final comments to motocross hulks: Get the facts BEFORE YOU BUILD, BEFORE YOU RIDE, AND BEFORE YOU MAKE THREATS AGAINST CITIZENS WHO UNDERSTAND THE CODES AND THE PROCESS!
So hulks: Who is “crazy” now? Your list of “whose car needs burning” and “who we should get a license to hunt” must be getting longer by the day. Sorry I didn’t have time to post the dozens of NEGATIVE COMMENT LETTERS from all my great neighbors and friends and concerned citizens and, most of all, from LEGAL AGENCIES THAT KNOW WHAT THEY ARE TALKING ABOUT WHEN THEY SAY:
“DENY! DENY! DENY!”
There is NOTHING like motocross to make citizens circle the wagons to shout NO! NO! NO!
And note to Elaine Derrick, greedy promoter of destructive motocross:
DO WE SEEM LIKE PEOPLE IN THE “MIDDLE OF NOWHERE” NOW?
Go trash your own neighborhood next time!
PS: That’s a red-legged frog, a species of concern, pictured at the top of the page. They they live in creeks and associated wet woods around Molalla. I WONDER HOW MANY RED-LEGGED FROGS YOU HULKS HAVE KILLED? But you only teach your kids to RIDE RIDE RIDE, right? Your ugly motto is “Us ONLY, and to hell with any other living thing”!