1
Chaffee Admin
From: Kelsey Banaszynski
Sent: Tuesday, June 15, 2021 6:08 PM
To: Chaffee Admin
Subject: OPPOSED to Seven Peaks Festival Permit Approval
Hi Chaffee Admin and Commissioners,
I am a full time Chaffee resident and business owner (High Lonesome 100, West Line Winder 50k, Sawatch Ascent 50K) and I oppose the permitting of the Seven Peaks Festival on the Meadows grounds.
At first I tried to keep an open mind, perhaps our brick and mortar businesses would like this kind of influx, but I have yet to find one business that is excited about this prospect, most citing that the previous years events brought no significant source of income since people stayed on the Meadows grounds the whole weekend. Can you tell me what data you have to support that this kind of event will provide a positive impact for our town? I have heard a long list of full time residents speak up with their disapproval and stories about how it disrupts their lives, how they spend the weekend trying to keep people off of their property and then the following week cleaning up the remnants of the party. Can you tell me how this is good for our residents? I have yet to see any unbiased data showing how it is.
The Meadows is currently residentially zoned. Can you please detail how a 20K person event falls under this category? Especially with it occurring year after year.
I have also yet seen any mitigation tactics to prevent damage and disruption to wildlife? CPW and other groups have been studying the elk and deer populations over the last decade only to find significant decreases in the herd. Why? The likely link is human impact and disruption. It's why we keep trails closed during certain times of the year. Have you completed a study to understand what the impact of this noise and influx of humans will do to wildlife that calls the Meadows home?
There's an online group that formed months ago to talk about how to best combat the events happening at the meadows. There is not a single one in support of it. Your constituents do not want these large scale events happening.
While I would like to not see this event happen at all, I implore you to at minimum, keep the attendance size of this event to 5K people or less.
Best, Kelsey
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June 16, 2021
Re: Seven Peaks Special Permit Application Dear County Commissioners,
We are writing in opposition to Live Nation’s special event permit application for a 5-day event September 2 – 6, 2021, at the Meadows Farm. We live in the subdivision surrounding the Collegiate Peaks golf course (the Ivy League Sub-Division), just south and within sight of the main stage from our backyard. We do not benefit from the event as we only hear noise, not music, with bass reverberating in our home even if the windows are closed. We are also trapped within our subdivision due to traffic; it is impossible to turn left onto CR 306 much of the weekend and on Labor Day, it is impossible.
Below are specific details that we ask you consider in your deliberations, and why it should be denied.
Size of Event – there are numerous negative impacts related to an approval of this event, as follows:
Traffic: The event asks for approval of attendees of 20,000, more with staff and performers. This is an unreasonable size given the limited road infrastructure, which means residents are trapped in their homes that weekend and on Labor Day in particular. In 2019, when 13,000+ people attended the concert that weekend, we had family members visiting us who could not leave our subdivision to drive home in a reasonable timeframe. The traffic was completed backed up on Hwy 306 from approximately 10 am on, the only road from into our subdivision, and making a left turn was impossible.
Turning right meant miles out of the way, heading up towards the water towers, a right onto CR 361, then to CR 350 (Crossman Avenue), another nightmare to get to Hwy 24 as the main egress from the Meadows Farm from the event is from there. And even if someone would let us onto CR 306, Hwy 24 was fully backed up and it was a crawl to Hwy 285 to head back to the front range. And the line of traffic continued from there.
Not only was this inconvenient and a negative impact on what should have been a nice, long family weekend, it was really unsettling in the event of a medical or other emergency, as emergency personnel would find it extremely difficult to get to us. An event of this size that residents in their homes on Labor Day is unreasonable and a negative impact on many of our lives.
Covid-19: We are still in a pandemic with limited ICU beds and beds overall in our Salida hospital that serves Buena Vista too. By Labor Day, many individuals will still not be vaccinated, including younger residents of Chaffee County, which impacts their families as well. There is no Covid plan included in the application, which was made very clear in the April 20 meeting as a required element of this application.
Its omission means this event should be denied.
Noise – the noise from the event, especially with 20,000 attendees, 20,700 with staff and performers, is unreasonable given its location in a residential area. The request is for the music to continue until 1 am Friday, Saturday, and Sunday nights! Many families in the surrounding neighborhood such as ours have small children or other family members particularly impacted by noise; anything later than 10 pm is too late in a residential area. Hotels have quiet hours from 10 pm to 7 am for this reason.
The State Noise Statute, C.R.S. 25-12-103 sets the limits on how loud an event can be, tied to the zoning of the location. This event is being held in a residential zone, so 50-55 db(A) is the range for the hours
proposed for the musical portion of the event. 25-12-103 (2) gives some leeway during the day for additional 10 db(A) for a brief time period, but does not apply from 7pm to 7 am, many of the hours slated for the proposed music festival.
Considering the 2019 event, the proposed event will violate the State Noise statute for noise in a residential area. Article 1.1.9.A.2 of the Chaffee County Land Use Code says that in the event of a conflict with a state statute, the more restrictive one applies, so the State Noise Statute would apply.
The Meadows Farm, LLC owner, Jed Selby, indicated in the chat for the Meet Me at the Creek
application on Thursday, 6/10, that the residential db(A) would be exceeded and could not be measured at the property line. The Noise statute refers to noise levels radiating at 25 feet or more from the property line, so why is this the case?
He also posted in this chat that “State statute has a exemption for music festivals. The db levels in state statute will not function.”
There is an exemption for music festivals, but that only applies to a political entity or a nonprofit under C.R.S. 25-12-103 (11). Neither the Meadows Farm, LLC nor Seven Peaks/Live Nation appear to be nonprofits, so how does this exemption apply? If there is a nonprofit that will be associated with the event, what is its mission? How much of the earnings from this event will go to a cause or causes?
Asking these questions will assure the exemption is being used appropriately, and that no advantage is being taken of a potential loophole in the statute.
Here are the key sections of the State Noise Statute, C.R.S. 25-12-103 mentioned above, for your reference:
(1) Every activity to which this article is applicable shall be conducted in a manner so that
any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:
7:00 a.m. to 7:00 p.m. to Zone next 7:00 p.m. next 7:00 a.m.
Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A)
2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.
(11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.
Last, we also ask you consider these additional points that should lead to a denial of the special permit:
1. Zoning - This event will be held in a residential area. The Meadows Farm, LLC, is zoned residential, with an agricultural designation and tax benefits for this. This event is one of several contemplated for this property by Mr. Selby, its owner, making the use of the property increasingly a commercial operation that should be zoned appropriately.
2. Wildlife Impacts/1041 Review – concerns about the impact on wildlife should be considered fully by requiring a 1041 review. This issue was noted in the April 20 BOCC meeting as something that should be examined further. Given the wildlife found on the Meadows including foxes, deer, elk, redtail hawks, and numerous other bird species, plus the potential impacts on fish in Cottonwood Creek, shouldn’t this be a requirement?
3. Camping – this event is a camping and music event, but this is not the type of camping permitted under the Chaffee County Land Use code. Recent BLM surveys have gone out asking for community input because of concerns related to camping on BLM land. Shouldn’t a similar approach be taken given the number of homes surrounding the Meadows? This type of activity is inconsistent with the expectations of surrounding homeowners who did not expect to have large-scale camping next door in a residential area.
4. Cost/Benefit analysis - Recent articles in the Chaffee County Times reported that sales tax has been up overall despite the lack of events held on the Meadows Farm in 2020 due to the pandemic. The road infrastructure is not adequate to handle large numbers of additional visitors, which can drive away additional visitors who spend money staying in hotels and patronizing retail businesses and restaurants. The negative impact on surrounding residences and limited benefit to the Town of Buena Vista do not support this type of event.
As our commissioners, you have a duty to protect the health, safety, and welfare of all your present and future residents, who are your constituents. For all of the reasons discussed above, we strongly request that you deny this special event permit application.
Respectfully, Liz and Jim Collier
1
Chaffee Admin
From: carolyn Dietz
Sent: Monday, June 14, 2021 12:19 PM
Subject: Seven Peaks Objection
Gentlemen,
Thank you for this opportunity.
I live in 3 Elk Creek and my concern is for my safety and welfare during this event, if my house is on fire, can a fire truck get here, if I have a medical emergency, can the ambulance get here, if someone is robbing me or assaulting me, can law enforcement respond?
Given that Crossman Avenue, CR361, CR384, CR356. West Main St., and Hwy 24 are severely congested with Seven Peaks parking and traffic congestion, expecting response by any of the three most critical of services in a timely fashion is irresponsible and imposes an unfair burden on the responders.
I believe that any residential areas bordering the Seven Peaks location, as well as areas west, north and south of the location will be put in a very dangerous and unsafe situation for the residents in these areas.
If safety and welfare of the residents of Chaffee County are your primary concern, Covid 19 notwithstanding, then how can you in good conscience approve Seven Peaks in the proposed location with tens of thousands attending the event. The fourth of July parade was cancelled in the name of safety!
The idea of the event resulting in a positive economic benefit is ludicrous. Reports have not shown any significant economic increase because of the Seven Peaks events except for the owner of the "hay field".
In the best interest of safety and welfare for the residents of Chaffee County, please don't approve the Seven Peaks event in this location.
Respectfully submitted, Carolyn Dietz
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October 24, 2016
To: Dennis Giese, Dave Potts, Frank Holman
My name is Ed Hansford, and I live at 30600 Promontory East. I have lived and practiced dentistry in Buena Vista for the past 31 years, the last 21 years at the location right across the street from the Community Center and next to South Main. I don’t consider myself to be a nasty, unhappy, narrow‐
minded, complaining, oppressive, stodgy old curmudgeon because I oppose this concert venue.
However, our local newspaper might want you to think that. Instead, most of the time I feel I am a progressive, forward thinker, and do carry a smiley face on me. I have been a supporter of Mr. Selby’s project at South Main for the most part. I feel he has done a lot of good things for the community; I appreciate the concerts in the park during the summer, and leaving access to the river trail open to the public. However, I think this concert business is a different story, and I see some problems with it.
I routinely cut out articles from the local newspapers and save them in copy paper boxes. I must have three now. I went back and reviewed all of those pertaining to Vertex and growth in the area as well.
Here are few quotes that I came across:
In an interview with Mr. Selby that was in the Vertex guide insert in the August 4th issue of the Chaffee County Times (TCCT), he was quoted as saying, “For better or worse, this event will put B.V. on the map. Most people I talk to in Tucson and sometimes even in Denver don’t know where B.V. is or haven’t heard of it. This won’t be for long with an event like this.”
From a CNN article day November 5, 2005: “’The reason we chose to do a project in Buena Vista is that it really represents the last (relatively) untouched place in Colorado,’ Jed added.”
TCCT editor’s opinion article in the August 4th issues states, “I believe I can say now with certainty that the secret is out. It’s time to embrace Buena Vista being on the proverbial map.”
The August 11 issue of the TCCT entitled “What a Party, Jed” states, “Vertex introduces
thousands of visitors to our area. Businesses should look towards the bigger picture. Vertex can still open doors by having introduced thousands of visitors to our area.”
The August 18 issue of TCCT states by the editor, “Those who went to the show were obviously in favor and supportive of the endeavor.”
Well I went to Vertex all three days and nights, and I feel like I must have attended a different show than some. I certainly didn’t think it was a place to take children, and if you did you would have some serious and uncomfortable explaining to do about things your kids might have seen.
I won’t address the noise issues here, because that has been mentioned already. I saw heavy use of marijuana, much more than at the Mumford & Sons concert last summer at Salida. In fact, I must tell you that each of the three days when I parked my car at the concert I was asked three questions:
1. “Do you have any glass containers? Because you can’t take glass into the venue.”
2. “Do you have any weapons, including knives?”
3. “Do you have any marijuana?”
I answered no to all three questions and the gate keeper said to me, “Well, you know, every person in the venue can take in an ounce of marijuana.” Now I found that very interesting. The question I should have asked was, “No, I don’t have marijuana, but do you know where I could get some?” I have a feeling he could have told me.
I saw potential problems had anyone had a medical emergency at the concert. When the concert began, people would crowd in shoulder to shoulder, nose to the back of someone’s head kind of close. The emergency medical services have already addressed the difficulty getting to people and getting them out of the area.
I have heard that 8,000 tickets were sold and at any given time there were maybe 6,500 people on hand.
As crowded as it was, I honestly can’t imagine another 14,000 people in that meadow space. At night, in the dark, it was dangerous moving about. When a performance would end, hordes of people would turn to move to the next stage, not looking where they were walking, and it was easy to get trampled.
For myself, the real issue is not the noise. It’s not so much the type of music, or even music at all. It could be an event hosting the Dalai Lama, Obi Wan Kenobi, or Mother Teresa herself and I would still be against it. Everyone at the festival could be listening to the music over headphones and it could be perfectly quiet, and I would still be against it.
The real issue is much greater than that. It’s about encouraging thousands of people to come here. Is this what we really want? And I would say be careful for what you ask, because you just might get it. All the wonderful things that brought us here in the first place may begin to disappear. I think of all the places that I don’t visit anymore because they have been put on the map: Breckenridge, Aspen, Fruita, Santa Fe, Moab to mention a few.
It’s about how the will of a few is superimposed on the will of many. Much has been made of Mr. Selby’s vision for that meadow. Well, for the people who own the 70 properties that directly border the
meadow, I’ve sure they had a vision too when they bought their property, not to mention all the others who have houses several hundred feet from those 70. I find this to be very inconsiderate and just plain old not nice.
This Buena Vista baby is growing just fine. It doesn’t need any vitamins, steroids, or growth hormones, or Vertex. The last two years, judging by the traffic and difficulty in negotiating Main Street, congestion and numbers have increased exponentially and I think sales tax numbers would bear that out. Tourism has increased across the state for the fifth straight year. Do we really need to promote the valley?
How many buildings have changed hands to new ownership within the last two years? Everyone is speculating. Get in early; this is the next hot spot. And all of this was prior to the music festival
happening. The point is we are seeing tremendous changes and growth separate and completely apart from a large concert.
I am not naïve enough to think you can stop growth, but you can certainly direct it, encourage and discourage it. The valley has been discovered. As the I‐70 corridor becomes increasingly a parking lot,
people from the Front Range are looking for other playgrounds, and we have been found. And for those of you who are on board thinking that at least the meadow isn’t being developed, that you think you can handle a few days of disruption of your lives, in order to keep that property as is, I would say to you I think you are fooling yourselves. Of course that property will be developed at some point. It only seems logical that it would be.
This has always been a very challenging place to make a living and continues to be. Many of us could have been more financially successful had we lived and worked somewhere else. But we live here because of the nature of the area, because of the great school and caring teachers, and because of its uniqueness. We all pay dearly for that tax, the Buena Vista tax. And we stayed because it was a great place to raise our families. Let’s keep it that way, as Mr. Selby said, one of the last relatively untouched places in Colorado.
And in keeping with the theme of music, and as a lover of music, I will finish with a line from the song The Last Resort by The Eagles on their Hotel California album:
“You call some place paradise and you can kiss it goodbye.”
Sincerely,
Ed Hansford
1
Chaffee Admin
From: Judy Lynn
Sent: Thursday, May 27, 2021 4:38 PM
Subject: The Meadow
Dear Commissioners,
I am a music lover and a lover of Buena Vista. The proposal for use of The Meadow property may support bringing music to BV, but it does not support the small town which many residents want to preserve.
I attended the virtual meeting where Mr. Selby presented his proposal and I listened closely to the report given by the county team. I was surprised that none of the major issues of concern had been addressed by Mr Selby: fire, roads, safety, traffic, town interaction, noise and others. If Mr. Selby really wanted his proposal to be accepted I would have thought those issues would have been front and center in his remarks.
Does he really want the events or does he want to develop the property? Either way, he can not continue to grow hay while thousands walk his land every weekend. He wanted me to believe that growing hay was a top environmental issue for him. I’m not sure how that balances with so many on his property every weekend of the growing season. But then, I’m not a rancher.
I am wondering why there are already advertisements for a big concert on Mr. Selby’s property this summer. Has that been approved by the county?
As Commissioners, I hope you will listen to the reports from your colleagues as well as to the issues being raised by residents of Buena Vista.
Most sincerely, Judy Lynn Retired Principal
Sent from my iPhone Judy Lynn
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May 28, 2021
TO: Chaffee County
FROM: Christina King
SUBJECT: The Meadows as a concert venue‐ Opposed
I live 1.1 miles from The Meadows site (as the crow flies). I am writing this letter to oppose the permitting of concert venues at The Meadows site due to noise disturbance. I did not retire to Buena Vista to listen to loud concerts. I equate it to being forced to listen to someone else’s playlist – loudly. Not my choice.
I enjoy live music. I attend local concerts at the small parks around town BUT they are not loud and certainly not thousands of people. The Meadows concert from the past two Labor Day weekend concert events is super loud AND goes late into the evening. They said it stopped at midnight but it was many hours later before they ended. It disturbs our small town feel and quietness. These big events do not belong in this location. They add little to the town economy and quality of life in Buena Vista. The rodeo grounds were placed perfectly for events like this.
Traffic can be controlled, the venue is not near homes within hearing distance of this type of loud music and they can deal with large crowds. Better yet, go to Denver and attend large concerts at Red Rocks, Fiddler’s Green or Ball Arena.
Lastly, I hate to think about all the thousands of people attending these concerts negatively impact our water quality along the creek. All that water “play” can generate high
sedimentation and bacterial load to the waterway. Yuck. I am guessing that pre, during and post water quality samples are not being monitored for sedimentation and bacterial counts.
That should have been done at the previous events!
Sincerely,
Christina King
CC: Chaffee County Commissioners Greg Felt [email protected] Keith Baker [email protected]
Randy Granzella [email protected]
Mark and Debra Longuski
May 26, 2021
Chaffee County BOCC
Chaffee County Planning Commission
RE: JED SELBY MEADOWS PROPERTY CURRENT & PROPOSED USES;
APPLICATIONS FOR SPECIAL EVENTS INCLUDING MEET ME AT THE CREEK & SEVEN PEAKS MUSIC FESTIVAL CONCERTS
Commissioners and Board Members:
As residents on CR 330 for 18 years, we are expressing our firm opposition to any further use of the residentially zoned Meadows Farm property as a commercial concert and event venue, and campgrounds.
These events are an assault on the rights of neighboring residents to peaceably enjoy our properties, as guaranteed by the Colorado Constitution. The Chaffee County Land Use Code deems to protect and promote the health, safety and general welfare of the present and future residents of Chaffee County. The state’s noise statute “declares that noise is a major source of environmental pollution which represents a threat to the serenity and quality of life…often has an adverse physiological and psychological effect on human beings…”
We are extremely concerned about the impact on wildlife. In addition to many commonly seen species in our area, we have also observed in the Meadows, Great Blue Herons,
Kingfishers, Great Horned Owls nesting with up to three fledglings, Red Tail Hawks nesting, Mink pair, and the uncommon Lewis’s Woodpecker whose “populations declined 72%
between 1970 and 2014, according to Partners in Flight. Due to their declining population, they rate a 15 out of 20 on the Continental Concern Score, placing them on the Yellow Watch List. The current estimated global breeding population according to Partners in Flight is 69,000 individuals. Lewis's Woodpeckers are threatened by changing forest conditions as a result of fire suppression, grazing, and logging as well as climate change. Fire suppression, logging, and grazing often result in higher densities of single age pines and fewer standing dead or decaying trees available for nesting.” (Source: The Cornell Lab, All About Birds)
When these events occur, we are subject to nonstop noise many days prior to, during and after the actual performances. Traffic, equipment, set up and break down, generators,
people, night and day, constant noise. The music is so loud, we not only hear it as if we were standing in front of the stage(s), the sound checks rattle our windows. Our extended family and friends no longer come to visit on Labor Day weekend because no one can sleep
through the racket, especially the maddening thump of the bass lines, regardless of the genre.
After the breakdown of the temporary fencing, the property is littered with cut chain links and plastic zip ties, bottle caps, wrist bands, cigarette butts, etc. The smell from the
portable toilets lingers for weeks. This is all along Cottonwood Creek…
We have filled bags with garbage strewn on our street, alcohol bottles, packaging, cigarette butts, etc. One day during Seven Peaks 2018 we had 45 vehicles parked on our block.
People trespass trying to cut through to get to the stage areas. One neighbor took her morning coffee to gaze out her window and saw a concert goer up against her fence defecating.
If these “Special Events” continue our properties are certain to decline in value.
We, the impacted neighbors of the Meadows, are suffering the resulting effects of having hundreds/thousands/tens of thousands of people crammed into this RESIDENTIAL
neighborhood for the financial benefit of The Meadows, LLC of Arizona aka Jed Selby et al.
We are urging the Commissioners and Board Members to deny these applications for
“Special Events” on the Meadows property due to their negative and harmful impacts and noncompliance with the residential zoning status. You are elected to represent all of your constituents to the best of your ability and within the structure of our laws and statutes, not to enable the commercial entity of The Meadows, LLC to profit at such detriment to us and our neighbors.
Sincerely,
Mark and Debra Longuski
1
Chaffee Admin
From: Sinnamon Menke
Sent: Tuesday, June 15, 2021 10:15 PM
Subject: Regarding Seven Peaks
Chaffee County and Chaffee County Health have consistently had more restrictions than state and national COVID restrictions this last year. We cannot have parades or other larger gatherings this summer due to restrictions you have put on place.
There is absolutely no reason to change your standards for Seven Peaks or other supersize event at the Meadows during 2021. This event would bring in people from all over the country. After a year of staying away from each other, it could be a super spreader event of all kinds of germs. We already know from past Seven Peaks concerts that there is no great increase in revenue for the county and there are many headaches with traffic, first
responder overtime, and noise.
Selby, Bentley, and Live Nation jumped the gun by announcing the event was on long before the meeting date.
They have been completely irresponsible in assuming that just because they have deep pockets, you would automatically approve. Much like saying NO to a toddler, you need to say NO to them.
Thank you for allowing public comments for this meeting.
Sinnamon Menke
Resident of Chaffee County
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1
Chaffee Admin
From: linda reinhold
Sent: Wednesday, June 16, 2021 4:05 PM
Subject: Seven Peaks
To the Chaffee County Board of Commissioners:
Jed Selby/Live Nation & Company are taking you on a ride! Please do not approve their permit application for Seven Peaks.
Sincerely, Kathy Reinhold
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1
Chaffee Admin
From: Alice & Lance Sawyer
Sent: Monday, June 14, 2021 11:19 PM
Subject: Seven Peaks special event 2021 application comment
To: Chaffee County Board of Commissioners
I am writing to provide my input for the application recently submitted by Live Nation, on property owned by Jed Selby.
I hope that the Commissioners will continue to adhere to the Special Event standards existing in the County Code. It is also important that the BOCC specifically elucidate standards to which this event will be held.
It is my belief that when the applicant stated they planned to start ticket sales PRIOR to the BOCC hearing for the event, (as quoted in The Chaffee County Times, 6/10/21) it was a sign of disrespect and an expectation that they could do whatever they want. It is rude.
Additionally, it is my belief that requests for variances from the standards should be denied. The property is not zoned for this type of event, which is why they must ask for permission. If they run the event contrary to the standards stated by the BOCC, future applications should take past performance into consideration for those future events.
It has been widely noted that the County’s capacities for Emergency services, traffic control, road maintenance and capacity, and internet and phone service capacity will be over-burdened. It should be very important for the Commissioners to give great consideration to the agencies providing input regarding these issues while
weighing this decision.
It has also been noted that previous Seven Peaks events, while enjoyed by attendees, have resulted in
inconvenience to the community, reduced customer traffic for our downtown merchants and created a lack of choice for the residents of the County and Town living adjacent to the Meadows property who feel they are adversely effected without compensation because of increased traffic, lights contaminating the dark skies and loud music with rolling base notes deep into the night.
It seems that it is inevitable that the application will be granted. But I ask that noise levels, lighting, traffic, health and safety and internet communication standards as well as any other conditions or limitations placed by the BOCC should be rigorously tracked and the applicant should be held to the stated rules. Substantial fines should be levied and collected for violations to the standards.
Additionally, please do not give approval for similar events in multiple years. This needs to be evaluated each and every year so that the community becomes enriched by such an event, not made worse.
Thank you, Alice Sawyer
A 26 year resident of Chaffee County
June 16, 2021 Chaffee County Commissioners,
I would like to go on record as being AGAINST the Seven Peaks event application scheduled for Labor Day Weekend, 2021, with a Chaffee County Board of Commissioners public hearing on this issue scheduled for June 22, 2021, and ask for your vote to deny the application.
If public hearings are meant to hear the resident's input and concerns, shouldn't those concerns be acted upon? Having been involved in many of the prior public hearings for The Meadows events, it seems those voices of concern have fallen on deaf ears.
Over the years that events have been held at The Meadows, many of our Land Use Codes have been ignored in granting the permits. I have read through the land use codes, including the Special Event Permit procedure, and can find nothing that would exempt the applicant from any of the Chaffee County Land Use codes nor to allow the BoCC to make exceptions. In fact, it states:
4.2.6 Special Event Permits.
F. Standards of Operation. An applicant for a Special Event Permit shall demonstrate that the event will comply with all applicable County and State regulations.
Noise Complaints & State Statute
Then there are the noise complaints that have plagued the concerts from the very first. Every large concert that has been held at The Meadows has brought a large amount of noise complaints. Live Nation is a $2.5 billion for profit
corporation. The Meadows, LLC is a multi million dollar for profit corporation. The Meadows property is zoned residential with agriculture use, so according to state statute, the max Db level at the property boundary is 55 dB (A), 7am to 7pm and 50 dB (A) 7pm-7am. Even if a non profit is involved, they are not exempt from the state statute.
LUC 4.2.6 F. 8. Noise. The event shall comply with all State and local noise regulations.
Colorado Noise Statute CRS 25-12-103 - Maximum permissible noise levels.
"(11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to
regulate noise abatement."
Of interest is the last sentence in the statute which gives jurisdictions, ie the BoCC, the ability to set the sound levels, regardless of profit/non profit status. The property is not owned by a non-profit nor is the event held by a non-profit.
All monies are billed and collected by Live Nation or the land owner, not the non-profit. This statute does not address a
"middle man" lease or a "partner".
Red Rocks seems to be a comparison when it comes to concerts. It has been in existence for over 100 years. Several years ago, three residents from Morrison, over a half mile away, filed a complaint over the hours and the noise. Red Rocks reduced the noise and cut their hours. A few weeks ago, there was a story about a small group of young men who live across the street from the park at Sloan's Lake in Denver who were playing mellow jazz in their front yard to entertain the people at the park. One resident, three blocks away from these people, filed a complaint over the "noise".
The mini free evening concert was given a cease and desist over ONE resident complaining in the city! When many, many people complain to you about the noise from these concerts, you turn a deaf ear, so to speak.
Traffic, Police & EMS
Each year the traffic congestion gets worse as more people attend. The roads are still as they were long before Mr.
Selby purchased the property. As you are all well aware, the Meadows operation is on CR 350, a two lane county road narrower than Hwy 306, has no dedicated turn lanes, virtually no shoulders, and certainly no safe bicycle/pedestrian walkway. Each of the prior concerts has resulted in major traffic issues for the entire event with the pre and post
concert traffic putting the local traffic flow at a complete standstill. The last Seven Peaks had incoming traffic from the south backed all the way up CR 350, across CR 361, down CR 306, across CR 337 and down Gregg drive past the rodeo grounds! The outgoing traffic took an hour to go from the south edge of town to the JV junction and three hours to get to the top of Trout Creek Pass! If 20,000 people come, based on a formula of 3 people per car, that equates to roughly 6600 vehicles. Lined bumper to bumper, they will stretch 25 miles! Add in the RVs, trailers, and oversize vehicles, put all of them on the road at the same time as all the rest of the Labor Day traffic and you have created one huge mess!!! So long as these roads remain as they are, the traffic issue will never be resolved. CR 330 & 331 offer pedestrian/bicycle access on narrow, unmarked roads through unlit residential areas creating a safety issue for all concerned. It also is listed as a primary route for EMS ingress/egress. Just imagine any emergency vehicles trying to wind their way through that! The three concerts that have been held there, have all required a huge amount of outside resources, police, and EMS.... Labor Day weekend is the busiest weekend of the year in the state! This event will require already short staffed agencies from around the state to allocate resources to Chaffee County. Where are these support services coming from and how is that affecting those areas? How does the county plan to provide those resources for our own residents?
Covid Concerns
As much as we would like to think and hope that Covid will be gone, we just don't know what the future brings.
Currently things are relaxing. The county has gone to 5000 people in an outdoor venues, 75% capacity for indoor. You are willing to approve a potential super spreader event for 5,000 folks, ie Meet Me at the Creek, consider Seven Peaks who are asking for 20,000, yet you keep your own commission meetings closed to live attendance! Funny thing here, one of the headliners, Keith Urban, is an Australian. Australia is Covid free and has a closed border to essentially all but residents. Even returning residents, like Mr. Urban, have to undergo a government supervised 14 day quarantine upon return to Australia. The new Delta variant accounts for 10% of the US infections and according to the virologists, is doubling every two weeks. It is a more easily spread and causes more serious effects than previous Covids.
Currently, the US has fewer than 50% vaccinated, 30% of people are refusing the vaccine, 18% can't get vaccinated due to age or health issues, so at best, only 52% of the US will ever be vaccinated. Factor in the waning effects of the vaccine, and by September the people who were vaccinated in phase 1 and 2 will need boosters. Approving a 20,000 person super spreader event in our small community can have devastating effects and especially just as the school year is beginning!
Other thoughts
At the public hearing for Meet Me at the Creek, the use of The Meadows property as a concert site was brought up.
Commissioner Baker commented about development of the property and defended concerts with, "It's a small price to pay to save The Meadows". At a recent meeting of over 30 residents near The Meadows with Mr. Selby, he was asked that if he was serious about protecting the property, why wouldn't he put the land in a Conservation Trust to keep it from being developed. He responded that he isn't a farmer, he is a developer, and that he already has plans drawn up to develop the property. If that is the case, keep in mind that any development on that property has to go through you, the county commissioners for approval! I would challenge each and every one of you to explain to the young family with small children, the retired couple, the folks with PTSD, the family with a disabled child living near the event, who bought their homes because of the peace and quiet it affords, why it is more important to hold an event in a residential area that disrupts their lives and sleep for a party of this magnitude to be held. Mr. Selby and several others commented at the Meet Me at the Creek hearing that music helps bring people together. I will agree that that is a valid statement, however does it need to be an event of 5-20,000 people to accomplish that? Just look at the local music scene and you will see that virtually every night, all summer long, there is a music event somewhere in the county! It was also
mentioned that those locals who do attend Seven Peaks would have to travel two hours or more to get the entertainment this event brings in. Did you stop to think that for a 20,000 person event, that means that at least 18,000 of them would
have to travel two hours or more to get here??? When the 2020 Seven Peaks was approved, the BV school system scheduled a day off during the event because of traffic issues from the 2019 Seven Peaks where one school bus had a beer bottle thrown at it, people were yelling obscenities at the bus as it passed, as well as many locals just had a difficult/impossible time trying to get their children safely to school. Is telling 1100 students and their families that a concert is more important than their schooling the message you want to send by approving another concert? This year the campers will be starting to come in on Thursday during hours that the school busses will be running. How will that impact our school traffic?
Camping has been allowed in the past and is a part of this application. Deputy County Attorney Daniel Tom answered me in an e-mail about my query concerning allowing camping,
"The Land Use Code allows the County to grant permits for Special Events which are temporary and are held for a public or commercial purpose. These events can include concerts, races and gatherings, which have a camping component. Since Special Events are temporary in nature the impacts should be typically alleviated with conditions addressing the health and safety of the temporary event."
Camping has been allowed at these events, but the same standards as our commercial campgrounds aren't applied. Are these events somehow "safer" and less impactful than a fixed commercial campground? A single 20,000 person event will bring in at least 6-8,000 campers. Over a three day period that amounts to 18-24,000 camper days. Did you know that our local KOA campground which pays commercial property tax, has pages of health and safety regulations to follow, charges and collects county and state lodging and sales tax, only has fewer than 8000 camper days in a YEAR, yet you allow these "temporary" events to follow a whole different set of guidelines. At the public hearing on annother application for The Meadows use, Attorney Daniel Tom commented that there was no camping to be allowed along the creek in a flood plain. Does a Special Event permit negate that? During that same hearing, he also said that there was no "primitive camping" allowed on the property, which is what all of the camping that has taken place during these events is considered. There have been four large events, two more approved that didn't happen, and several "small"
events with camping, so this event is far from a "one time" use, especially considering that each of the prior events are annual, recurring events.
Closing
Keep in mind the following from Resolution 2020-23 and that 2021 stands on its own merits or demerits.
RESOLUTION:
The Board of Commissioners of Chaffee County resolves as follows:
f. The Permit shall authorize Permittee to hold an event during one year, 2020, only.
Permittee shall be required to undergo the complete County special event permitting process if it desires to operate events in subsequent years and this Permit shall in no way create a “use by right” and shall not be construed as a right to conduct ongoing
commercial activities on the property.
Our valley and community are blessed with having some of the most beautiful views and outdoor activities of anywhere in the world. I don't think that I am speaking out of place when I say that the vast majority of people who have chosen to move here and call this paradise home, did so because of the beauty, the "small town" atmosphere, the peace and quiet, along with the abundant outdoor opportunities. Most of the folks that I know who moved here came to
"escape" the city, the noise, the crowds. My spouse and I have professional degrees that would allow us to live and work anywhere in the US, but we chose to raise our children and live here, where I was born, my father was born, and my grandparents homesteaded, because it is quiet, friendly, safe, and NOT for the party scene that the big city offers.
The big question one has to ask about this event is, does it enhance or detract from the natural beauty, the peace, and quiet we all enjoy?
A wise local rancher with very, very long roots in the county, as are mine, shared this with me, and I believe it 100%,
"Our country, state, county, and cities all have rules, laws, building codes, land use codes, etc for the protection and safety of the residents. I believe the purpose of zoning and the Land Use Codes is to mitigate undesirable impacts to neighbors. If this is allowed to proceed, then 40 years of zoning and code compliance just went down the drain. A lot of folks are willing to bend the rules if they benefit. A lot of them like a free country western concert."
Thank you for your NO vote!
Rikki Swedhin
A group of people were sitting in a boat. One person pulled out a hand-drill and proceeded to drill a hole beneath his seat. The fellow passengers screamed at the incredulous sight and asked, “What do you think you’re doing?!” The hole-driller dismissed the question and responded, “This is my seat, I paid for it, and I have the right to do what I want to it! What do you care? Am I not drilling under my own seat?”
They replied: “Because what you are doing affects us all!”
May 27, 2021
Chaffee County Commissioners P.O. Box 699
Salida, CO 81201
RE: Special Event Application Hearing for “Meet Me at the Creek” located at the The Meadows Farm To Whom It May Concern:
Once again, we are faced with yet another application to expand activities at the Meadows “Farm”
located in residential/rural Chaffee County. The possible expansion of outdoor events/concerts/etc. at the Meadows “Farm” and the negative aspects to the Meadows neighborhood, Buena Vista and Chaffee County residents have been well voiced (and seemingly gone unheard).
Besides the lack of infrastructure, (emergency services, police, roads etc.), that Chaffe County and Buena Vista has in place to accommodate these types of events, the focus of this letter is to address the noise pollution associated with the activities before, during and after each event at the Meadows “Farm”.
Sound moves through mediums such as air and water as waves. Sound is measured in frequency and amplitude. Because sound travels at different frequencies, it’s decibel and pressure wave will be felt and heard at different levels and distances based the acoustic environment surrounding the acoustic source.
Sound level is typically measured in decibels. Decibels are measured on a logarithmic scale, so an increase of 10db causes a doubling of perceived loudness and represents a ten-fold increase in sound level (Crocker, 1997). In other words, if the sound of one vacuum cleaner measures 70db, 80db would be the equivalent of ten vacuum cleaners. Although the county has placed limits on the decibel levels for each concert and event at the Meadows “Farm” it has not taken into account the noise pollution surrounding the concerts and events.
“Noise” is defined as sound that is unwanted or inappropriate in an environment that the sound is not native to. It is my opinion that the level of noise pollution (construction equipment, back-up beepers, shrills, screams, yelling, horns, concerts etc.) associated with activities at the Meadows “Farm” already exceed state noise guidelines. It is also my opinion that the noise pollution coming from the “special events” activities at the Meadows “Farm” would qualify as industrial activity noise levels.
The concerns of the residential neighborhoods surrounding the Meadows “Farm” and the noise pollution being emitted from each event should be seriously examined and researched before any future events are approved. I would also like to remind the Board of County Commissioners that Mr. Jed Selby and associated concert promoters are the ones trying to inject a commercial/industrial operation into an established, peacefully quiet residential/rural neighborhood. Noise pollution and the quality of life of the residences surrounding the Meadows “Farm” needs to be addressed before any future events take place.
Simply put, if industrial levels of noise pollution were proposed to put in any of the Chaffee County Commissioners backyards…would any of you vote yes to approve it?
The State of Colorado has noise pollution related laws in place to help protect quality of life for the citizens of Colorado. I believe it’s time for the Chaffee County Commissioners to help protect its constituents by voting NO for any proposed special event at the Meadows “Farm”.
Thank you, Alan Warholoski
1
Chaffee Admin
From: Jim and Candy Willut
Sent: Thursday, June 10, 2021 7:25 AM
Subject: Comments for June 22 Hearing on Seven Peaks Festival
Dear Commissioners,
We are writing to oppose approval of the application to hold the Seven Peaks Festival in September 2021 with attendance of up to 20,700 people. We have previously conveyed our concerns about the location of the Meadows venue, both because it is located in a residential area and because its location provides very limited access via narrow roads. The access roads are unsafe when used by more than a few vehicles and make it impossible to evacuate the venue quickly if an emergency should occur.
We have two additional concerns about holding this event in 2021 at The Meadows:
1. Demoralizing our public health staff. Chaffee Public Health worked tirelessly for nearly 18 months to keep our residents healthy and our schools open under unprecedented challenges. They now advise that outdoor events should be capped at 5,000 attendees. To approve an event that may attract more than 4x the limit Public Health recommends seems incredibly disrespectful of their effort and expertise.
2. Overtaxing our emergency services and law enforcement staff. The multiple potentially violent confrontations of the past few weeks illustrate the toll that increasing numbers of visitors take on our essential public servants. EMS and law enforcement also serve our County tirelessly, in many cases for wages that make it difficult, if not impossible, for them to live here. Their jobs are stressful under the best circumstances, and staff are increasingly difficult to replace when they leave. The events being proposed at the Meadows merely extend their busy season, when most are not permitted to take time off.
Even if Seven Peaks organizers were to provide 100% of onsite medical and security staff – which they have not done in the past – Chaffee County EMS & law enforcement would deal with traffic, transport to medical and detention facilities, and other County/event interfaces. It seems unreasonable to ask them to take this on in addition to all they're already required to do for residents and visitors.
We do not believe a case has been made that holding this event benefits Buena Vista or Chaffee County in any way that offsets its negative impacts. Many large events, like Country Jam, are held successfully on properties with easy interstate access located far from residential areas. The organizers of Seven Peaks should seek out a similarly appropriate location, as the Meadows in Chaffee County is simply not suitable.
Thank you for considering our point of view.
2
Jim & Candy Willut Buena Vista
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