Council delays decision on construction of motocross tracks

EVERETT — A long-awaited decision about building a complex of motocross racetracks northeast of Granite Falls will have to wait a little longer.

Dozens of people from the off-road motorcycle community filled Snohomish County Council chambers Wednesday urging lawmakers to rule in their favor. Some held signs with messages such as “Vote Yes for MXGP” — the Kirkland company seeking permission to build the track along the Mountain Loop Highway.

Council members, however, made it clear they intend to set emotions and opinions aside when making their decision on whether to allow the complex to get built. Their job is to determine whether the county hearing examiner’s Dec. 23 decision was correct in approving plans for the track, subject to a long list of conditions.

“I know the community supports it. It’s in the record and I understand why — I have motorcycles myself,” County Council Chairman Dave Somers told the audience. “But our job here today, as I view it, is to first decide if county code has been followed — upheld — and second if the hearing examiner has made any errors. I think those are the tests in front of us.”

In that sense, their role is more akin to a judge’s than a lawmaker’s.

Wednesday’s proceeding, known as a closed-record appeal hearing, was continued from a week earlier. Council members agreed to take more time to understand the legal nuances at play. They’re scheduled to reconvene at 10:30 a.m. March 2.

“I was expecting to get a favorable decision today, but that’s better than a ‘no,’ ” MXGP co-owner Gary Strode said.

Strode’s company has been pursuing the current proposal since 2007. Plans call for building multiple tracks in five phases. Construction could take 15 years to complete. Camping facilities are a major aspect of the design.

Portland, Oregon, company Bascom Pacific owns the 437-acre property, located between two quarries about six miles from Granite Falls. About 80 percent of the site would remain forest.

Three legal issues are under review: a request to rezone MXGP’s property to forestry and recreation from just forestry; issuing a conditional use permit; and denying a land-use appeal.

Hearings on the project took place a year ago.

Appeals have been filed by Martin Robinette, Ginger Amundson and the nonprofit Mountain Loop Conservancy.

“The issue before the Snohomish County Council is whether or not the project complies with county code and not about the merits of motocross,” Amundson said Wednesday.

There’s recent precedent for the council nullifying a hearing examiner decision. It involved a request from the Green Mountain Mine, one of the quarries adjacent to the proposed motocross track. The company that operates the mine wanted temporary permission for trucking and loading outside of normal operating hours. In November, the council reversed the examiner’s approval of that request.

The Mountain Loop Conservancy also appealed in that case.

“The County Council has already ruled a few months ago on the Green Mountain Mine, that when rules aren’t followed, the hearing examiner is overturned,” said Sharron Sheppard, a board member with the conservancy.

Councilman Ken Klein, whose district includes Granite Falls, said he’s prepared to give the motorcycle track the go-ahead. The examiner’s 93-page decision, he noted, includes 14 pages of special conditions.

“It would be difficult to find a project in Snohomish County’s history with more conditions,” Klein said.

The examiner’s restrictions aim to limit noise, water runoff, light pollution, fire dangers, traffic and more. The track operator must keep a log of various complaints.

Recreational motorcycle or ATV riding is prohibited at the track after dusk or before 9 a.m. Races could only be held Saturdays and Sundays, with exceptions for some holidays. No more than 40 motorcycles or ATVs could race on at any track at the same time.

One-day attendance cannot exceed 800 people for riders, spectators and facility staff. And the motocross park can be used no more than 150 days per year.

Appellants question whether the track has made adequate provisions for medical emergencies in a sport where the risk of injury is great.

Jim Boltz, who owns Smokey Point Cycle Barn, said he closed shop Wednesday morning so his employees could attend the hearing. Boltz highlighted a common complaint among local motocross racers: long travel distances to place such as Bellingham, Olympia or the Tri-Cities to ride the type of tracks that MXGP wants to provide here.

“This is a huge opportunity for our county and I’d hate to see it go by the wayside,” he said.

The council’s decision can be appealed to Snohomish County Superior Court.

The county also must issue permits before construction can start.

Noah Haglund: 425-339-3465; nhaglund@heraldnet.com. Twitter: @NWhaglund.

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