County planners to continue study of motocross track
- Charlene Sims, Journal staff
- 3 days ago
- 15 min read
By Charlene Sims
MOUND CITY – The Linn County Planning and Zoning Commission on Tuesday, Jan. 13, tabled a rezoning and conditional use permit (CUP) that had been originally heard in December for a motocross track. It was tabled so the applicants Eric and Emily Thies could bring back additional information to the planning board.
The applications from Eric and Emily Thies were for a motocross track on their property at 16349 Young Rd., east of the Trading Post exit from U.S. Highway 69 onto Kansas Highway 52.
At present, the zoning for that area is agricultural, and according to Linn County Zoning Regulations, Article 9 - Commercial zoned districts, it would need to be changed to commercial for a CUP on that property for the motocross track.
The Thieses, who said they had been operating the motocross track on their property for 23 years, were sent a notice by former planning and zoning director Ben Souza that they needed to apply for a CUP and a rezoning because their operation was not just recreational but was a business. The staff report for the Thieses only said it was for a recreational motocross, not a training school and event location.
The Thieses first appeared before the planning board in December with their applications for rezoning and a CUP. Due to a failure of the audio and minutes not being available, there is no official written record why the planning commission tabled their request at that time and what the Thieses were asked to bring back for the January meeting.
According to Planning and Commission Chair David Fisher during a phone conversation on Friday, Jan. 16, the additional information included a site plan, sound levels (in decibels) at different locations around the motocross track and property, and a schedule of events and trainings at the track,
The staff report that was given to the Journal for the December meeting did not recommend approval of the Thies applications. Planning and Zoning Director Jenny Cummings listed several reasons for denying the application.
Stringent guidelines recommended
The staff findings on the report were:
“1. The use does not fit with the character of the neighborhood as all nearby properties are Agricultural and Ag/Residential.
2. The zoning of nearby properties is Agricultural unless zoning change is approved.
3. The property is suitable for proposed use.
4. The proposed use could detrimentally affect nearby properties. Testimony received by email and phone calls has expressed concern that property values may decrease if this use is allowed.
5. The property will change zoning to Commercial. It has been continuously occupied and is not vacant, as the applicants currently reside on the property.
6. The proposed use could detrimentally affect the public health, safety, and welfare.
7. The requested Conditional Use Permit does not adhere to the Linn County Zoning Regulations as currently written.
8. Staff does not recommend approval of this Conditional Use Permit without the following conditions and before the possible approval the Environmental Study must be returned and reviewed at a later meeting by the Planning and Zoning Commission. This recommendation is supported by the principles established in Golden v. City of Overland Park, which emphasize consistency with adopted zoning regulations. Additional recommendations and findings from the zoning administrator are provided below.”
In the staff report provided to the Journal, Cummings recommended approval if the following conditions are added to the CUP considered by the planning and zoning commission.
1. Environmental impact study (at the cost of the owner of the property)
Stormwater runoff plan (avoid discharge onto neighboring properties)
Erosion control measures
No riding within specified distances of waterways, wetlands, or property lines.Fueling restrictions to prevent spills
2. Hours of operation
• Riding limited to specific days and times, for example, Monday through Saturday, 9
a.m. to 7 p.m.; Sunday, noon to 6 p.m.
• No nighttime riding unless an approved lighting plan is provided.
• Special events require separate approval
3. Noise control
Maximum decibel levels at property lines (often 65–70 dB depending on zoning).
All bikes must have compliant mufflers
Noise monitoring may be required during events
Berms, fencing, or vegetation to act as sound buffers
4. Dust and air quality
Watering of track, driveways, and staging areas to suppress dust
Use of soil stabilizers or gravel on high-traffic areas
Dust complaints must be resolved within a specified time period
5. Traffic and access
Approved entrance/exit location.
Traffic management plan for events.
Parking plan to prevent off-site parking.
No parking allowed on county roads
Emergency vehicle access must be maintained at all times.
6. Safety and operations
Track operator must provide:
Liability insurance naming the county as an additional insured
Safety personnel on-site during events
First aid/medical access plan
No alcohol or illegal substances on site
7. Lighting restrictions (if night riding is allowed)
Full cutoff, downcast fixtures
Lights shut off by a certain time
No light spillover across property boundaries
8. Special event limits
Limit on the number of large events per year
Advance notice to neighbors for major races
Additional temporary parking/traffic control plans for events
9. Setbacks
Track must maintain minimum setbacks determined by planning commission
10. Maintenance requirements
Routine grading/maintenance to control ruts and erosion
Trash collection and restroom facilities on site
Regular inspection schedule
11. Signage
Entrance sign allowed but regulated
Emergency contact info must be posted
12. Complaints and compliance
Track must keep a log of complaints and responses
County may review CUP annually
CUP may be revoked for repeated violations
13. Permit review and expiration
CUP subject to renewal after a set period (1–5 years).
County staff may conduct inspections at reasonable times
At the Jan. 13 meeting, Fisher asked the Thieses to go through the letter they had received with a checklist of items for them to complete.
Since no minutes or recording of the December meeting are available, it is unclear what the planning commission asked the Thieses to provide.
At the January meeting, the Thieses showed three aerial views of the property, one designated for just personal training, one for the one race that they’ll have this year. And then an aerial view in the event emergency vehicles were required and an ambulance came in, what that would look like. They pointed out that they are no longer using the track south of the driveway and it would just be a field.
Fisher asked when they stopped using that track.
Eric Thies answered about three weeks ago.
“So you are leveling that, that’s what you are doing,” said Fisher. “So, you’re not using anything south of the driveway.”
Emily Thies answered that the grandkids might use it. Eric said they also have electric bikes that they ride. The track south of the driveway would be closest to the nearby residences.
Decibel readings shared
The Thieses then provided the planning commission with decibel readings that they had taken at six different locations. They showed the locations on an aerial map of the property. They took pictures of the decibel meter and made recordings of the sound a those locations.
Emily Thies explained that the planning commission would be able to see the decibel reading and hear what it was picking up. One of the views showed the locations where the decibel readings were taken.
“We basically invited 20 people to come out, we don’t typically have 20 people there but we wanted maximum effect,” Emily Thies said.
Planning commissioner Michael McVicker asked if there were seats of any kind.
Emily Thies answered that there were bleachers for spectator viewing. She said typically people just stand along the fence and watch.
She said that they tried to answer the questions that were sent to them. She said they were broken down by race event or training because the training events were so much smaller and the race event is for two days.
“We gave information for the race but as far as personal training, we gave you a schedule this is what it looks like,” said Emily Thies. “Depends on what time of year it is. If it’s the summertime, they typically like to start early.
“Wintertime, when its colder, it starts later. So, the training session would either go from 9 to 2 or from 10 to 3. And it shows how it is organized. From 12 to 1, there is no bike riding because of lunch.”
Emily Thies said that it was really hard to put together the calendar because it was all based on weather. She said that typically the activity will pick up at spring break. She said there were two spring break camps in March and one in April. She said that depending on the weather it could be a 3-day event or a 5-day event.
During the events, some people stay there, some people go home, some people go to hotels and they can leave their trailers,” she said.
“In May when school gets out is typically when it will pick up because the kids aren’t in school. Goes through the summertime and then it’s just weather related,” she added.
Planners ask for details about events
Emily Thies gave the planning commissioners the standard motocross release forms that they have people fill out. She explained that this was not an open facility, you have to get invited to come there.
McVicker asked if there were portable toilets and if somebody takes care of them. Emily answered yes, once a week.
McVicker asked if the people staying in trailers boondock or do they have connections for water or electric.
Emily Thies answered, “We do have connections but we use them basically for our family.
“What amp are they?” asked McVicker.
Eric Thies answered that the connections included 35 and 50 amp service.
“But primarily if somebody is staying there, it’s generated or it’s run by a generator,” Emily Thies said.
“They bring their own flaggers, their own EMTs (emergency medical technicians) which are licensed and he brings his own staff,” Eric Thies said, referring to the Missouri Vintage Motocross Series event organizers. “This is their 28th year.”
“On the personal training practice and individual bike, the maximum number of days per month, I put five days a week that would be the maximum in that time period,” Emily Thies said. “Hours of operation are 9 to 2 during the summer days, 10 to 3 during cooler times.
“We showed you the maximum number we would have and that would be 20. And that was a planned event, so you could get an idea of the sound. Typically, it’s five to 10 bikes. The event as far as the race is once-a-year two-day event. Typically it would be from 9 to 4. Weather emergency plans, the event would be cancelled, would be postponed or rescheduled at another time.”
“We are trying to be accommodating with the noise, but my question is if there is not a noise ordinance . . .” she said.
“There’s not a noise ordinance but we can require for any business certain standards,” said Fisher. “That’s what we’re trying to do here because the noise seems to be the big issue.”
In answer to another question on the their letter, Emily Thies said that she would send a certified letter to neighbors about organized events.
“We’ve been doing this a long time and there was talk at the last meeting about safety and we try to take every precaution,” Eric said. “I’m not going to lie, we’ve had injuries, but nothing serious. The parents always take over from there. If it’s something that we feel like (we need to call an) ambulance for, we do.
“Out of the five races in 23 years that we’ve had, we’ve had an ambulance at two of them. The third one, we were going to hire them, but they canceled out. They said they had something come up.
"They charge us around $1,200. When we have a race that is probably the number one thing to have because you’ve got that vehicle right there, but we could not always get that."
But the EMTs we have are very good, Eric Thies said.
“Where are they from? Are they local?” asked McVicker.
Eric replied that they live on the Missouri side. They follow the whole Missouri Vintage series. They do every race event.
At one point in the meeting, planning commissioner McVicker took offense when Emily Thies told them, “So we are trying to be very accommodating and make all these changes. The only problem that we have is say this doesn’t go through and he can’t do this, then he’ll have to go back to racing, and he’ll be using those tracks every single day to practice it, and there’s nothing that it’s just private property at that point in time.
Eric Thies continued, “And both of our grandkids race, their friends come down and ride There’s other members of our family that ride. We have good friends that ride. They always come down.”
“Well, after the two bikes left this weekend, the neighbors were riding their dirt bikes. And that was on Sunday,” Emily Thies told the commission.
“So that almost sounds like an ultimatum. Either we don’t pass it, or you’re going to do it anyway,” said McVicker.
“No, no, no, no, that’s not how I meant to come across,” said Emily Thies told the commission,. “I’m saying it’s a sticky situation.”
Eric Thies said, “This is all he knows.” Referring to his son.
“It’s very hard to, I don’t even want to say that, to distinguish between personal riding. We don’t want to cause any problems,” Emily Thies said.
“I’m just trying to figure out what you meant by that,” said McVicker.
'Bigger track' operates in Parker
“How do you determine if my grandkids have five of their friends down to ride versus my son’s got 10 kids out there training?” Eric Thies asked. “We moved down here for this reason and there’s a track bigger than ours that operates in Parker, and they’ve been there since 2021 or 2022.
“They’ve got quite a bit more land, but they’re hosting a round of the Missouri Vintage Series. The do hare scrambles, which is basically woods racing. And there’s one in La Cygne too.”
The motocross track in Parker, called Kansas Moto Farm, charges for activities, according to Eric Thies. At one point, that operation’s Facebook page included an entry form for racers, but does not reveal an address. That is apparently supplied after a participant has registered. There is no record of them applying for a CUP.
Fisher discussed standards for decibels.
Eric Thies said that during the race, the sounds could be louder.
Planning commission member Daniel Black said,”But a race is just for the one day, two-day thing, but that’s one weekend. That’s not the big issue. A weekend doesn’t make the year.
“But for the two-day event that’s nothing. We need to focus more on the yearly. One weekend isn’t going to make or break this and if it does, I’m going to walk out.”
When asked how this would affect them monetarily if the CUP not approved, Eric Thies said that they made about $6,000 during an event with their food truck minus the food costs.
Linn County Planning Commission Chair David Fisher asked about how they tested the motorbikes for sound and Eric Thies gave several examples of how they needed to be tested.
Thies family members gave comment on the positive side of the motocross track. Britney Thies said, “I’m for it. My kids race. We travel all around Missouri and Kansas. There’s a lot of tracks around. And my kids, they have their friends come down. They have their friends ride with them. It’s kind of our way of life.”
Betty DeGrande, a neighbor living on the south side of the track said, “I never even heard anything,” said DeGrande. She said that she used to work the night shift and slept during the day and it did not bother her.
“If it was so irritating, why aren’t the animals going crazy?” asked DeGrande.
Neighbor cites problem with noise
Another neighbor to the southeast of the Thieses' property had a different take on their operation.
Cheryl Carney said she believed that they get hit with amplified sound because of the higher elevations around them. She pointed out that the DeGrande property had an approximate 300-foot barrier of trees between them and the Thies track.
“I just want to express, too, the two very loudest times, of course, was in May when they had . . . I don’t know if that was a sanctioned. That was when they had over 300 entries and that was one of the times that I expressed to Eric that when we were on the porch, we had company and we could not even talk.
“And I believe when they have over 150 bikers going simultaneously and they have a whole crowd of 300 people. It is loud. They’re yelling because they can’t hear over the bikes and then they’ve got a microphone speaker going that is also loud, the campers run their generators we can hear that amplified to our house. And when you add 150 bikes running at one time versus just one or two bikes. It’s not just going to stay at 120 decibels.
“I don’t know what else to say. And then there was another one at the end of October, the first part of November. The campers start coming in on Friday. They don’t leave until Sunday. And in October, they ran for nine solid hours. What I’m wondering is even in their training days if their hours are 10 to 3, nine to 2. It seems to us a little bit unfair because that’s the bulk of the day. When do we get to go out on our property in the bulk of the day that we don’t have to listen to that?”
“I just kind of feel that if they notify us we have no choice in what we’re supposed to do,” Carney said. “If we don’t want to listen to it, we’re supposed to leave for three days?”
Carney said it seemed like they don’t have their own property rights. The sound comes across all the property.
“They can’t help that. We can’t help that. But if its going to come down to some kind of barrier to help this, then I am going to insist on some cement barriers to be put up,” she said.
She said there was a noticeable difference at DeGrande’s place because of the trees.
“I went over there and, yeah, and I couldn’t hear it as much either,”Carney said. “But you get in our lane where there’s no trees and it’s a lower area, it’s loud. Air amplifies. It’s like an echo. So as a last resort I’m going to insist some kind of cement barriers be put up on the their property line all the way to Young Road. Thirty-foot high barriers.”
Carney said that this was good sport for kids, better than being out running the streets. But she also said there’s an appropriate place for everything, and agricultural residential isn’t an appropriate place.
“I don’t feel that we can enjoy our property as much as they’re enjoying theirs, and we haven’t for a very long time. Who enjoys going outside to garden or do anything when it is constant noise like that?” she asked.
Planning commissioner Hal Aggers said. “I don’t think the people have a problem with you having a business over there. It’s the noise, right? You’ve got to put yourself in their position.”
Aggers talked about the importance of testing each individual motorbike for noise.
McVicker said he was confused over this because she’s saying 100 to 150 bikes and they’re saying 10 to 20 bikes.
Carney answered that the last time they hosted for the event they had over 500 entries at that property.
Black asked Eric Thies if he could use the dirt from the jumps that he was tearing down to build barriers. Thies said there would not be near enough dirt.
Fisher told the planning commission, “I think what we need to do is come up with standards that we can ask for so they can operate this business, and I think it’s going to be pretty detailed, including the type of testing they use for the cycles, the number of cycles at these large events, and an acceptable noise at the property line that’s probably going to have to be done with an independent test, in my mind.”
They discussed what level of sound would be acceptable at the property line. A decibel level of 80 was suggested.
Planner Connie Gore said 80 decibels at four hours would drive her crazy.
If it is correct that you do not make any money off these events, Aggers asked Eric Thies, how badly would it hurt you if you didn’t have a special event.
Which would be better for your son to have the training business all the time or have the special event, asked Aggers.
“He needs to make a living,” said Eric Thies.
Discussion was again held about the sound levels at the events, and Eric Thies said the only way to accurately get the sound level was to measure it when they had an event,
“Usually we only do one a year in October,” he said.”We do have a Fourth of July party where we have over a hundred people show up with campers and motor homes and we put on fireworks show 20 to 25 minutes. Generators running all day; it’s pretty loud.”
Emily Thies agreed and said that unless they measured an event like that they wouldn’t know what the reading would be. She said their next event would be Oct. 18.
“If we can’t keep it to the 80 decibels, we’ll never have an event like that again; that’s a concession,” she said.
Fisher said he would also like to require to have a sound study done during a training session.
Planning board members discussed how the biggest concern was the noise from the trainings and events at the location and how to lower the noise level.
Fisher asked if they could test each motorbike for sound levels and also discussed having an independent person do the decibel testing.
Fisher said it seemed that it would be difficult to discuss all of the conditions during this meeting, so he offered to draw up some conditions and send them out to planning commission members to look over before the next meeting.
County Counselor Jacklyn Paletta said that would be appropriate and the planning commissioners agreed. The applications were tabled until the next meeting.
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