The URL can be used to link to this page

Browse Search

Home My WebLink About20210763.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant: Barton Land and Cattle, Inc. c/o Brian and Denise Barton Case Number: USR20-0038 Submitted or Prepared Exhibit Prior to At Hearing Hearing A SPO Opposition Letter - Braswell; dated February 10, 2021 X B SPO Opposition Letter - Winter; dated February 25, 2021 X Law Offices of Maria Petrocco EXHIBIT 8690 Wolff Ct. #200 I A Westminster, CO 80031 Maria M. Petrocco Licensed in Colorado and Wyoming February 10, 2021 Sent Via E-mail followed by US Mail Michael Hall Weld County Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: Commercial Rodeo and Roping Arena USR20-0038, Barton Land and Cattle, Inc. Dear Mr. Hall, I am writing this letter of objection on behalf of my client Elaine Braswell in reference to the above application. Mrs. Braswell lives directly west of the land owned by applicant Barton Land and Cattle, Inc. ("Applicant") proposed to be used for commercial roping and rodeo events. I have attached a map for your reference and review. The first objection is that the Applicant states that the proposed use is commercial roping and commercial rodeo. However, the Applicant will not be using the property for these purposes. Rather, the Applicant will contract. to allow another rodeo company to conduct the roping activities. In the planning questionnaire, Applicant specifically states that there will be a. " third -party rodeo contracting company running the events." So, Applicant is allowing others to use the land for rodeo events. That use is more aligned with an events center and as such use is not authorized under agricultural zoning. Secondly, there are inconsistencies in the application documents. A lighting plan was submitted but yet the events are only to occur during daylight hours. There is no need for lighting or lighting shielding requirements for the events unless there is underlying use phone: 720.216.5175 1 fax: 303.650.1450 1 www.petroccolaw.com Page 1 of 3 involving social activities planned to follow the daytime events. Once again, such use for social. activities is not allowed under the current zoning. The case summary provides that there are only 4 to 6 events per year with single events potentially occurring over consecutive days. However, the Applicant states that the contracting company will be present 4-6 weekends out of the year. These statements are contradictory. Will there be 6 events or six weekends totaling up to 18 events? The documentation filed for the special use permit refers to re -permitting the roping facility to operate it in the same fashion as the Applicant's predecessors in title. This is not entirely accurate. The pervious use was limited to the eastern portion of the property with an access from CR 53 only. The maps of the proposed use verse the previous use are attached for comparison. The proposed permit is for both rodeo and roping and the use would encompass the entire property up to and next to the Braswell land. Since this application is not a re -permit but rather a permit for additional uses and covering additional land, the County should require a traffic study as opposed to relying upon the narrative of the Applicant. There are many residences that will be affected by the traffic so more exact information should be utilized before access permits are granted. This is the only way to ensure the safety and comfort of the neighbors. Mrs. Braswell has a pond on her property located in the northeast corner and in very close proximity to the proposed access and parking for the events. I have attached a map showing the location of the Braswell pond. In public works' referral, they state that the change of use does not increase the imperviousness of the site. I do not agree and I am very concerned about all the additional cars, people, trailers and livestock and horses on the land affecting the drainage. All of this traffic will cause the land to be very compacted and may very well change the drainage pattern. Such change in the drainage pattern could very well affect the pond and drainage to the Braswell land. This is of grave concern and could cause a detrimental impact to the pond and the remainder of the Braswell land. The only restriction placed upon noise is to require compliance with noise levels allowed in a commercial zone as delineated in C.R.S. 25-12-103. First, why is this labelled a commercial zone when it is more akin to a residential zone in terms of noise levels? phone: 720.216.5175 1 fax: 303.650.1450 1 www.petroccolaw.com Page 2 of 3 Second, the statute states that periodic, impulsive, or shrill noises shall be considered a public nuisance at sound levels of five decibels lower that the permissible level. I would think that the spectators at rodeo and roping events would fall under the category of periodic cheering noises. So, once again there needs to be noise mitigation requirements required to protect Mrs. Braswell and all surrounding residents. We respectfully ask the that the Special Use Permit for Commercial Rodeo and Commercial Roping be denied. Applicant is proposing to use their property as an event center to be leased out to roping companies. This is not an allowable use and is an antithesis to Weld County's Right to Farm Statement. Providing a venue to a third -party company to use for assembly of crowds for rodeos and roping attracts outsiders and causes noise and congestion, which violates the core of rural life. Thank you in advance for your time and attention to this matter. a CJ M. Petrocco ATTACHMENTS cc: Elaine Braswell via e-mail phone: 720.216.5175 fax: 303.650.1450 1 www.petroccolaw.com Page 3 of 3 2,234.2 0 1,117.12 2,234.2 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS 1984 Web_MercatorAuxiliary-Sphere current, or otherwise reliable. © Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION i l -r`. C ffir; f, Denver: : Legend Parcels Address Label Highway County Boundary Notes Barton aysn.�s 1 • rrccmn� 8il• 41d{s' -.- - Did'.VNf •it I*• h _ .1" Legend �a •' 4. ter ✓ _ i Parcels +oil ;r; ■ p Address Label — '' w v Highway : County Boundary - :T �. .. ...,, .. w— — �`.A Y1[ R YU _:.. - Aa]W�il i - — Y - I 4^ 1 - 1• I e � ♦ t 1 y I — ' -.y .f• 1: 13,405 fl Notes _ 11 2,234.2 0 1,117.12 2,234.2 Feet Braswell pond This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator Auxiliary_Sphere current or otherwise rel°iable. Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION ;X19-13-0078 N 53 SECTION: 5 TOWNSHIP: 4N RANGE: 6W WCR48 EXISTING ACCESS I 1 I I I , r J •' EXISTING HOUSE W! • ATTACHED SHOP, PUBLIC RESTROOM {INDOOR) • ' E3 . I EXISTING • HAY ........... ..STORAGE • I H. I ■ e I , I . TRASH DUMPSTER PARKING \,..I 1 PROPOSED , tt • PORTABLE HAY • TOILET STORAGE • CORRAL CORRALI CORRAL27 3 I C 1 1 I EXISTING GATE EXISTING ARENA EXISTING EXISTING ACCESS EXISTING CWCWD TAP DRAINAGE POND USE H274 BOUNDARY BEFORE PARTAL VACATION Vic(ni(Y Mab a -- n MII ,"_I usRST224 BOUNDARY AFTER PARITAL VACATION N1U_l%!.ii l Ij NN...,l..Ie' R 1224 iun a�i, LGi I t 1LCI P ...,i .l. u-p4'k61V.9YN7VLI�fNi! Vol U BEING A PARTIAL VACATION OF USR-1224 IN CONJUNCTION WITH RECORDED EXEMPTION RECX13-0018 - BEING PART OF THE N2 NE4 OF SECTION 8, TOWNSHIP 4 NORTH, RANGE 69 WEST OF THE 6TH. P.m., WELD COUNTY, COLORADO. Silt IPEttRC NEVEUIPMrfT run QPm!AL RENEW FFHLN OEVLLOPIIFliTiLNO11RU8 RoiM o SACCUEL,IE NELGm1 ' LLSRtl3/ 1.HEIRE6PZGFICPEVrtfPJJ 1T PLARuw EPISGAL TCYwWPkRYRIa FORAPDELIGHL1tXUCs . MCWY(ROPIUSMWA) Ill T11EA LOT A VACATED FROM USE BY SPECIAL REVIEW USR-1224. aR,uAuo+EGeTwexAGwnuTEuanIEA a xA euu E uA RyNsgRwxRSI••mTMEnevvaeY zatANnARQIa AIEn THIS VACATION DOES NOT CREATE SEPARATE PARCELS. LAPWNYAtaPnuaP AN MArcnEATEAYER mPRGPER YR DHTPY aDA R1D Ircnoxw OPn EWm. t PFAMNIEHTWt➢oSALOF YMSIES eXALL GEPERY}RECATTHER MTP. IIIIW\-L,WYIVY. c u COUN1Y ROAD 48 em' RIGHT r - • RHCX13.0078 i' aPia6Gw +7.' LOTH RECX13M078 27.146 AC 36.016 AG LOIBPExM 1; E !- (: . ➢RElLA tnw M NOT PART OF t1SR-1224 NA.HE )Mt. . QID taef l g I,Y 1�.;.1 la\ EHm • PROutm ri5€•Y' ID • PETS . rrTti;9�Sti en EISm Ss •' ARENA I(j PEN(FYPI 8 FHE as R Scat i 1'= 266' . xOT,aD or cOLq,(sYcak%6�gi�x�cErrnFlft�TICF+- _ ' Ak KbL4i(f UM171n EPnddCaCbAYU15TUC51"Tdd corn, L+IOId¢dwc hereweJca vm wd idP Y.s s*SFLiiri1OtJct M'E ,IIy5rW IRa�yvl tlgAArAL5Hrdk{Ac t fl J • L.Ir'-- F cI w, AIAttcam TPTwwv ATrts i:>wWtvgFiy;i! weld/'Pa1�/Hi Clukb.ti1ts'rAl4Tl::� lA1nIw.TA.rlIAAIIJ N-t4f.J! DAlat: fAYDbIh-.Joi aL�Y' Y 4 1 5 20 . 7011. 1.IGnE W 6TMIAa IJecONIno1-Irnof nuatrra r•AOEQVn1ETOM]ETAND HNIOIVA5MNG FACtmEa ERALLOSPROWOmFOR7W Pt UC Jt ImNiNALSEIWOE flwOMAL svgigu ri REGVfTEO Nip UHASL YE WavIL1EOACCCPDIHC TC 1HEWZLD COLI41Y NIItlYYOYALREYMOEpepaaAti4OVLaTtgplS. TlrEaF.P1iC aYRTEM AHl!LLtlERFSMII'EG YAGOIMAOOREOFR® PROFESNONALACCORULYY lO 513E WETDGUDNIY UC OUAL6T.WAGE CMSPOBAL REOULATIOW.T)SE RE3WOGYO SHALL ncn1AflLEFflflPAThOt URAGH. n1E MA%IYYY PLrn SSIaLUC1aELEVELSHML NOTE CEEt11FIE OMM>31CIM.LJ RVF wff(A%M YFA!µreJ 4ctmuv R 1OtHfl q,J.1. i,CR4 R.n1EFAcanYNDJt MAMIFAIN LOYFwA!JCEWIH TyE Wlflr\4DAMYALFF£nRMOPiRN10NCQInRg4 REULM1DNIANOIHEWr_W UrTiYTONIlMoPflL ,J • . .. i V.AIA.IMu1OAno actuYASlta(AS UEFIVEL W TIICUGUDYMGTEI DISPPMLIIIEANQFAGERIEnAGt vrcwffliaWLc.RAI IIIM EEtroRED Alt fMOVFP FGnNJ GIFPOIN 'MA MM gN W PIeQTOT0 AMX6T IVRFACE fiN GAOUIDVLATER GCtfMMNA1'WL 1 SMSTE MATU AIA HAU. PE MNOLm, eTcsm, APO WMFOS W MIA YANIIER THAT COIJ RC La RIGRNH oust S4W*tc O WOE, APP 4IIIEN POT EJU W. IW a,,CE ca, W RON K 11ALLPROPOSEU OR LMGTWO al1OT11RESYNI YE1r RTE MLI HJI16ElRl4MNa]OFTEETPEGUxIZMEm rof THEZONE Di61MGTII PAIICALTic PROPERTY IS!McAlm. PORVAMTO a PEFR'IH WIOFSEINACM W THEN'F131COVRY2qRIiOPIW W\1ME, IHERZOVVIE➢6XESAG(It YWRill FRail THE FTi1ME RIOHLOrmAYwr1E tft}tM UYlNYSEROFPCFl.UWlOTHEARENAFIMLLMOrflCEEP wmHTEMJVT8ORam PFPatr ATRRromEHTluL 11.n1*IOiMFR OF CPFGLTTgII OR VIAAtp1OSSIMLL SEFICM Y.GSAAL TO 12w I&ViIGBTNIOOHL£FMAYI ROM R'W M.TOwo PAAa NticATm J4APPUWLnnN NATEMAIs. itmEOPEM1rQ1 IHALLMEUYTIEO TOAVF.1F.1fETiPP M PCea: RICHTPI3I n,HEET(Asp,c,cnrn LYAPPUUTIOM MATFRi a It PIUORTO THE tiLEOk AHYALCONOLIG Ye RAOESORCaUGESMOI moos Tlw PnICAIIT Sx. snrLYFPRMw4wGENEA srnn Qrr4 m LACCt11EL t� OlE POD1C A WAEES BYDTEM eMu NOT OE vsm OUIMOE OF OPERATMOHCUR6 t1.iiiEPARRMIOM ANi&LLRs PIACEOW PASRIRPGRAG9 Ot O1mRADUATE MEAJTahIULLL RECOIDUGT9J WAYNOERORIONORD&OMUG SQL i..1NS111EIaALLDEMAXRADIED O ACtOROAx6YRnImEIV'r'flCVmuI+OaOAPIHO PLATI. 1O0%WFa4FL1GHTIRALLM! lii" EO IO WATS➢ALN ORRAYa CFLMHTLNLLNCT IMEDMGctYONToiDncmTPROPERDE0.. zOJHOUWU0XI0UEVA31'S EXISTON IHERIOVERTYOTMErnYE FJTASURiFDM*RS/LYCP THFROP*IFOIWVECOPMEk(T1� APP LICAIOXANOOYtaERIAU.GEREatWSIOEFOROOAROUM16THrMmUE'EMG5, PURfUAHT 14OEhi)ICSIMiw f1.THETIPAU. Et NO PARIOIG ORGTAGVIGOIi wwvdORY RONStn PMiWIO, LDAGWOWD GTT4DADap s44AabEOHiRE ft AtLCOFIITRi1CnO1 ON TH➢RCPEIITYIHALLEa4AGGOROANC wm. THEWELb COUI(WSUR5IW000RE awE 1RIEf1OCKON arm E SHALL NOT EXCEED IHL'UXENLAILOtt rR AJGHT N THE A(AC RILWLIU Mt)ZONE DIRI(t ct.. t&T11E PROPERTYOIAm OROPrMTOR IHAILOFFXRN$LEFCR COY PLVNOYM1ITNC VESGNi[AHUARoSOF cn H2ao TIFEWEW cowifll'f1HVi6 GOOUMHCE,W11EflO ]J.nFt PROPFRFYGWHIHOROPU ATOR SYALLOERLRPGHSBIE FOROOYPLYNOYARIYHEG!ERAnON /TNGAROI OF IECTOI T4$ OP THE Y1t1L1 ecu,.w ZOIMI HOYJMCE. x PIASOMIEL FRDL THE WELD CWNTY DEPTht UI lOP Pt'!LG IIEILTHAAONiYNDIIYfNTAMT PLArAWOmC$ MALL Yt GRAr1isO ACCFEI AU HEPIATAUYREAOOMD4EME N OPGm IOFNaun HIERI ACTNES CARRFRPIRN.T OHE PROPERW COUPLY YIIFH THG flFWAOPMWHT aTMW R0% HOa TI NTATEO IiEf1EM AND AIL PUCAU YIELD CODA YPEG 8AtION. allE rRCWERTY OATIm OR CPjt:VTZM a LL YE Fi%?ONI LE roR OOYFLYWO1S%IB Ali OfYHf foaE(IOMIG OEYELOrKENT STANDA3Wt. NOIf4YPI.MNCE MN ANY OF THE FUIEC4NO LtvELCPY FAIT SYMCM1111 MAY EE REASON FOR RtLVOAfflt CS 110E PSUIRGY TIIE 0OMW Cr COVxTYAMM&OH RO. Feb 25, 2021 Michael Hall Weld Country Planning Services 1555 N. 17th Avenue Greeley, CO 80631 RE: USR20-0038 EXHIBIT B B Barton Land and Cattle, Inc. Proposal for Commercial Rodeos and Commercial Roping Arenas Dear Mr. Hall, I am writing this letter in objection for the proposed request of USR20-0038. My family and reside directly south and adjacent to this property. Our property line runs east -west for A mile bordering the proposed site. The planned use of this property is clearly commercial and does not fit into the habitus of the existing agricultural community. The incorporation of a third party, "True West Barrel Racing Productions" is by nature a commercial pursuit in which income is generated by collecting fees from contestants; not by raising and selling a crop or commodity. Although an existing Use by Special Review, known as USR-1224 was granted in 2000, it had not been utilized by previous ownership and minimally by the original applicant. I objected to the USR then as I do now. Since this property was purchased by Barton Land and Cattle, Inc. an unwanted change to the peaceful rhythm and nature of our community has occurred. Numerous events have already been held at this location and we have been left to endure the noise from loud speakers, blowing dust, and increased traffic. My objections and concerns are as follows: Drainage The Drainage Narrative submitted by applicant says it best with the response to their first question, "No existing or proposed improvements to this property and it is very sandy." The applicant is exactly Right! They have done NOTHING to improve OR maintain drainage from their property to mine. The rest of the narrative for the most part, is very inaccurate. There have been drainage problems and they were reported. The proposed site sets at the crest of a hill; I am on the downhill side as the plains roll to the south and southeast. The submitted Custom Soil Resource Report for Weld County, Colorado, Southern Part 1 clearly shows that a large part of this property is in an area designated by map unit symbol 62 consisting of Terry fine sandy loam with 0-3 percent slopes and map unit symbol 73 consisting of Vona sandy loam with 3-5 percent slopes. My property and a large portion of their southern boundary lie in an area designated by map unit symbol 63 which consists of Terry fine sandy loam with 3-9 percent slopes. What this really means is that everything from their property runs downhill onto mine. In 1998-1999 this issue came to light as we experienced a series of storms that inundated my home with run-off from this property. It was reported to the Board of Health in complaint P98- 005. Weld County compelled, then owner Roy Nelson, to construct a holding pond (lagoon) and earthen berm (trench system) on location that could withstand a potential 100 year flood capacity and spanned the length of the area affected by the pens and arena. This was done for the most part however; the trench did not extend the full length of the arena and this is where we currently see the most erosion from rains. Unfortunately, the pond and earth berm have not been maintained. They have blown in with dirt, weeds, and sand and do not even remotely resemble the original depth and size of the remedy put in place by Weld County Environmental Health Services. The increased traffic, use, and parking proposed by this special use permit will further devastate the already delicate soil conditions and natural vegetation. Once the grass is driven over, it takes a long time to rebound especially when irrigation is not available, as noted by the applicant. This will increase the amount of drainage and debris from their property to mine. Dust As the wind blows primarily in a north -to -south direction, we have experienced massive dust storms that blow from across their property. As the applicant pointed out, they have numerous pens and a large arena. They are dirt and sand and have no ground cover in which to hold down the dirt. On extremely windy days, you cannot even see between our home and the buildings on this property. A publicly used facility such as a barrel racing/roping arena will only further the devastation of this very sandy ground. When legions of trucks, trailers, and animals are allowed to be in this area regularly, the blowing sand and debris will only continue to worsen. The use of water trucks on days of the event may help, but only on those days. What about the long term damage? If events are held 4-6 times in a 6 month period, the assumption can be made that they will more than likely occur monthly. This is not enough time for grasses and vegetation to recover. Again, as noted by the applicant, there is no irrigation or well to help with this situation. Wind erosion coupled with drainage issues has left large scar areas along the shared border between the properties. Barton Land and Cattle, Inc. has not addressed nor considered how their activities to the north affect the neighbors to the south. They have made no attempts to improve fencing nor mitigate blowing dirt by establishing a living fence. Noise and Lighting My home sits less than 450 feet from the south boundary of their property. Due to the proximity of our home to the arena and pens, the issue of loudspeakers, crowds, and lights arises. Since the wind blows primarily from the north, sound carries with it as well. Loudspeakers have already been at nuisance levels on the Barton property for those events they have already held. Noise from crowds and additional vehicles are easily heard. A facility of this nature adversely affects the right of neighboring properties to enjoy the "country -style" atmosphere that each of us has hoped to acquire. If we wanted noise, we would have purchased a home in town. As per the Lighting Plan submitted by the applicant, "Lighting is abundant on this property." Once again, she is absolutely right! These large flood lamps, especially those located in the stall areas, are aimed directly down on my home. They are often left on all night. Cleaning up after events will require that they be on even more so. Although the applicant states that there will not be any night time events, in her Traffic Narrative she indicated that Friday night events will start around b or 7 and end by 9 pm. Consequently, even in summer, additional lighting around the arena will be necessary for those specified times for safety. Once again, the difference in elevation and the proximity of my home forces my family to compromise our quality of life. feel that the number of contestants, spectators, and vehicles are vastly understated in the application. The second question in the USR Planning Questionnaire indicates that this enterprise is to generate income. Weld County and the surrounding areas have many people who participate in these events and if you build it, they will come. Is the applicant willing to slight their potential profit margin by limiting the number of participants? The duration and frequency of stated events per the application is too many and too often. Who will be policing the number of people, vehicles, and animals on location? Traffic The applicant states that participants will enter/exit the location via the gate on CR 53. This is a dangerous spot as it sits below the crest of a hill. Truck -trailer rigs carrying animals are slow to make this turn. Unfortunately, CR 53 has become a main thoroughfare and the speeds far exceed the posted speed limit. The reality is that vehicles heading south on this road have little time to slow down when they are going too fast and top the hill. The memorandum submitted by Public Works reports that the latest ADC on CR 53 counted 922 vehicles per day with 39% of them being trucks. More worrisome is the fact that the 85th percentile speed is 65 mph. Undoubtedly the added traffic will only create more problems. Although barrel racing and team roping may have had their roots in agriculture, the establishment of this events arena is anything but. It is wholly a commercial pursuit merely staged in an agricultural setting, the likes of which is better suited for a venue such as Island Grove. The concerns we make today are relevant and valid and we ask that this application be denied. We are a community and expect that the decision made will be for the greater good of that community. More is at stake than one individual. Is it fair that we compromise our quality of life so that Barton Land and Cattle profits at the expense of its neighbors? Ask yourself, would you want to live next door to this? Thank you for your time, Wendy Winter Hello