HomeMy WebLinkAbout20131808.tiffHEARING CERTIFICATION
DOCKET NO. 2013-39
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR13-0015, FOR RECREATIONAL FACILITIES AND USES (SHOOTING RANGE) IN
THE A (AGRICULTURAL) ZONE DISTRICT - LYNN AND JOLENE JOHNS
A public hearing was conducted on July 17, 2013, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Susan Brown
Assistant County Attorney, Brad Yatabe
Planning Department representative, Chris Gathman
Public Works representative,
Health Department representative, Lauren Light
The following business was transacted:
El I hereby certify that pursuant to a notice dated May 31, 2013, and duly published June 5,
2013, in the Greeley Tribune, a public hearing was conducted to consider the request of Lynn
and Jolene Johns, for a Site Specific Development Plan and Use by Special Review Permit,
USR13-0015, for Recreational Facilities and Uses (shooting range) in the A (Agricultural) Zone
District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of a
proposal for a commercial outdoor shooting range with gunfire going to the northwest, away
from residences, and reviewed the surrounding land uses. He reviewed the site history and
agency referrals. He said the Town of Dacono does not approve because the proposed use is
inconsistent with its Comprehensive Plan; this area is designated as low density residential.
Mr. Gathman referred to the County Code and said there were approximately 25 contacts from
surrounding property owners with concerns and objections including noise, impact to adjacent
properties, safety, traffic, and close proximity to surrounding residences. He said staff originally
recommended denial due to the objection from the City of Dacono and concerns the noise will
be a nuisance to adjacent properties and their livestock, and on June 18, 2013, the Planning
Commission voted unanimously to deny the application citing safety and compatibility concerns.
Commissioner Rademacher asked for clarification of the location and acreage. Mr. Gathman
indicated the proposed layout of the shooting range and the location of adjacent residences and
showed photos of the site. In response to Commissioner Conway, Mr. Gathman said he did not
know if any dialogue between the applicants and the neighbors had taken place. In response to
Chair Garcia, Mr. Gathman said the Planning Commission wanted additional information
regarding safety, but the technical design standards come from the NRA and can be met, so
2013-1808
at', IO *iv
PL2226
HEARING CERTIFICATION - LYNN AND JOLENE JOHNS (USR13-0015)
PAGE 2
their decision was primarily based on noise impact and zoning compatibility.
El Jennifer Petrik, Department of Public Works, provided a brief overview of the transportation
plans and requirements; 20 vehicles per day are anticipated.
Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions (an existing individual well needs to be re -permitted and a new septic system
is requested), waste management, and dust abatement. She said a Noise Abatement Plan was
requested, and the applicant responded that an 8 to10-foot berm would be built and the project
would comply with NRA standards. Ms. Light explained the State statute on decibels and noise,
and deferred an interpretation of that statute to the County Attorney. She said 80 decibels is an
Industrial Zone limit, and a Non -Specified Zone limit is 55 decibels.
(Clerk's Note: The meeting was adjourned to accommodate a break at 11:50 a.m. The hearing
reconvened at 1:19 p.m.)
Lynn Johns, applicant, thanked staff for their assistance, and indicated the town officials of
Dacono had privately indicated their support. He said he is bitter over the oil and gas activity
which has increased in his area over the last few years, and referred to the importance of
shooting ranges for gun safety and a growing demand. He said this range will be built
according to NRA guidelines and certified, this is a family business, and he reviewed his
potential employees' qualifications. Mr. Johns then extensively reviewed post -Planning
Commission design changes to the proposed range, which included 13 -foot high walls with a
20 -foot high berm and bullet boxes to contain the lead. He presented a 3-D model of the range
created by his grandson, entered into the record as Exhibit I. In response to Chair Garcia,
Mr. Johns said that living on CR 10 they have had the brunt of the oil and gas industrial noise,
so he decided the noise impact could not get any worse and there is a demand for gun ranges,
and, in addition, the extra dust makes it difficult to grow anything. In response to Commissioner
Conway, Mr. Johns said the range will be open to the public, plus a day set aside for military
and law enforcement, with an average of 20 visitors per day. Mr. Johns played a video
demonstrating noise levels in a smaller constructed mock-up of the eventual range with noise
from oil and gas truck traffic next to the property. Video clips #1, #3, #4, #6, and #16 were
shown and entered into the record as Exhibit H. He asserted his view that he lives in an
industrial area (not an agricultural one) due to the oil and gas activity. Mr. Yatabe noted that the
3-D model was photographed for the record.
(Clerk's Note: There was a brief recess and the hearing reconvened at 1:46.)
Chair Garcia reconvened the hearing and invited public testimony. Dolf Veit, surrounding
land owner to the south expounded upon the limitations of using regular sound meters to
sample for gunshots. He referred to internet links and formulas for information on the
attenuation of sound over distance and said he does not see how his house, 150 feet from the
applicant's property line, could not be adversely affected by noise impact at an unacceptable
decibel level. Mr. Veit asserted the applicant has used coercive tactics to silence his opposition
and showed piles of trash allegedly placed near his property line by the applicant. He also said
2013-1808
PL2226
HEARING CERTIFICATION - LYNN AND JOLENE JOHNS (USR13-0015)
PAGE 3
that he and the applicant have an easement dispute currently in litigation. In response to Chair
Garcia, he said the piles of trash are on the applicant's property and showed up immediately
after the Planning Commission meeting, as did three new shooting benches on the property line
closest to his house.
El Chad Linker, Human Resources Representative for Northern Colorado Constructors, said
his company's employees are bothered by the safety aspect of a gun range and prospective
clients could be distracted and repulsed by the gunshots. He said his employees are used to a
high level of noise, but gunshots are a different type of noise impact because they cause stress.
He said they are within a thousand feet of the property line. In response to Commissioner
Kirkmeyer, he said his employees primarily use CR 10, and Ms. Petrik related that the traffic
count on CR 10 in 2011 was 98.
El John Brunetti, who has a shared property line with 35 acres, noted he is a member of the
NRA, and said that he has 64 horses, and neighbors who farm, and although there is a
Compression station noise problem, that has recently been abated. He said the biggest issue
for horse safety is gunfire, and he is concerned for the safety of his riders. He asserted this is
not an industrial noise level zone. In response to Chair Garcia, he said his horse training
business would be negatively impacted by the shooting range.
Ca Ben Zadal, representing the Zadal family and Northern Colorado Constructors, said his
primary concerns are property values, impact on the 20-50 head of cattle on his property, and
trying to conduct business with that level of noise.
El Greg Rider referred to the close proximity of residences and said the 6-8 foot tall berms
next to the Compressor do very little to mitigate that noise. He pointed out there has been no
outreach and, in fact, a lack of willingness from the applicant to work with neighbors; he said the
people have spoken and he hopes their wishes are respected. In response to Commissioner
Conway, he said the only notice he received was from the County and there has been no other
communication from the applicant.
Steve Reynolds said he has horses on the adjoining property. He said he has done work
in the environmental industry, pointing out inaccuracies in the video presented by the applicant.
He stated the City of Dacono has rejected this; the entire neighborhood has rejected this, as
well as businesses and the Planning Commission. Lastly, he mentioned he was worried about
spooked horses hurting their riders.
ra Stevie Ceplius said this is not a gun issue to him and he supports property owner's rights,
but this is why zoning laws and a permitting process exist. He said a shooting range is not
compatible with the area, and he has some noise expertise; sound waves will amplify one
another (such as dozens of simultaneous gunshots). He asked the Commissioners if they would
be comfortable listening to gunfire from 7:00 a.m. to 7:00 p.m. six days a week. Commissioner
Kirkmeyer requested a copy of Mr. Ceplius's notes, entered in to the record as Exhibit K.
2013-1808
PL2226
HEARING CERTIFICATION - LYNN AND JOLENE JOHNS (USR13-0015)
PAGE 4
Jean Saltzman spoke in regard to the potential impact on their quality of life and the
property values of dozens of people's homes and lots, which were purchased with a particular
zoning in mind.
El Pat Thorpe said there is farming all around this site and this is still an agricultural
community with horses and cattle. He said the applicant moved in after the Compressor Plant
was approved and noted that noise has improved immensely, it could not even be heard in the
video. He also said the truck noise on CR 10 is only temporary, after construction that will
abate, but this will be permanent.
ea Paul Denney said he used to live relatively close to an outdoor shooting range at Cherry
Creek State Park, where they have extensive mitigation in place, and it is still too loud.
One of the project's rangemasters (he did not identify himself) said the gun shots made
less noise than a truck going by, and the range will be attended at all times, will provide
employment, and be a benefit to the community. He also lamented that no one has talked to
them in person regarding opposition to the site. Commissioner Kirkmeyer noted that no one
had spoken against guns in public comment.
Bryan Johns, another of the project's rangemasters, said the concerns expressed have
been based on emotion not on fact, referred to decibel level reports, said neighbors a mile or
two away cannot hear the gun shots, and noted this will be a safe controlled environment. He
said with all of the surrounding industry this area should not be considered agricultural. In
response to Commissioner Rademacher, he said the gun shot in the video was a 30/30 high
caliber rifle. In response to Commissioner Conway, he said up to ten (10) people could be
shooting at one time and estimated an average of 100 rounds per person in a two-hour time
frame. Commissioner Kirkmeyer asked how many rounds per day? A rough estimate of 1,000
to 5,000 rounds per day was discussed. He explained that not one bullet in one million would
escape the range. He also clarified that ricochets cannot happen because eight (8) inches of
topsoil is required to be free of rocks. aMr. Johns apologized for the animosity between
himself and his neighbors, said he has talked to four of his neighbors, and then addressed Mr.
Veit's comments in detail.
La Mr. Yatabe noted that there are a number of factors, especially since staff has vetted this
case ahead of time; the Board would need to determine findings of fact within the Weld County
Code to overcome the recommendations for denial. In response to Commissioner Rademacher,
Mr. Gathman confirmed that the Town of Dacono's written referral was negative. Commissioner
Conway said the number of rounds per day represents a huge impact (1,000 rounds per a
two-hour period is a lot) and livestock is also a factor. He noted his decision has nothing to do
with guns, but there is no way to really mitigate the noise impact and he will uphold the decision
of the Planning Commission. Chair Garcia said that the applicant took steps to address the
neighbor's concerns, but it comes down to two issues: non-compliance with the Dacono
Intergovernmental Agreement, which is the minor issue because there is no indicated intention
to annex, and compatibility and how differently the various parties view the neighborhood. He
2013-1808
PL2226
HEARING CERTIFICATION - LYNN AND JOLENE JOHNS (USR13-0015)
PAGE 5
said he is undecided, but leaning towards approval. Commissioner Kirkmeyer said she received
emails from several neighbors, and forwarded them into public record, and she is not in support
of the application because it does not seem like a project that can be mitigated. She said gun
noise affects livestock; it makes them nervous, can reduce milk production, and is dangerous to
someone riding a horse. She said just because there is some industrial use does not make an
area industrial, it is still agricultural. She also mentioned Dacono is not aggressive in regard to
annexation; they had a lot of meetings with residents in a three-mile range to identify what their
Comprehensive Plan would be and CR 19 is their demarcation line. Commissioner Freeman
said that he believes in property rights and would be in support of the gun range if the only issue
was noise nuisance to the neighbors; however, he believes gunfire is detrimental to livestock
and he would vote no based on that one factor. Commissioner Rademacher said as a fourth
generation farmer/rancher, and a gun user, there is a great need for shooting ranges right now;
he shoots around animals almost daily, sometimes right next to the Colorado Dairy, and it does
not bother the cows. He said he believes this is a Use by Right and he is in support.
bM
Commissioner Kirkmeyer moved to deny the request of Lynn and Jolene Johns for a Site
Specific Development Plan and Use by Special Review Permit, USR13-0015, for Recreational
Facilities and Uses (shooting range) in the A (Agricultural) Zone District, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. The motion was seconded by
Commissioner Freeman. Commissioner Conway said that the decision is not related to
opinions regarding guns. Upon a request for a roll call vote, the motion passed 3/2, with
Commissioners Rademacher and Garcia opposed. There being no further discussion, the
hearing was completed at 2:55 p.m.
This Certification was approved on the 22nd day of July, 2013.
Weld County Clerk to the Board
BY:
Deputy C
rk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD _ . i�`; COLORADO
Th
C
Wham F. Garcia, Chair
r�
er, Pro-Tem
Sean P. Conway c
4arb19,, Femaa
re/�n
� �
a a Kirkmeyer
2013-1808
PL2226
o.
N
N
\-)
O
40
+
`
k)
N
n
-
Q
L
.\N
1,%
CITY
-
4,
� J
.
J
•`�
v
`,
ADDRESS
vv)
Nw
t
((-()
_
;c.
��t��
%
U
f .. ;
it
wrv1
in
r I
DO
EMAIL
._.;
a5'l
J
C
.,
-r,
-Z
i
o
vy
1
Vt
r
v
g
(-t
L
(i
N.
NAME - PLEASE PRINT LEGIBLY
w-
C)
O
,1
;1
.-,..4
‘-.-v
N
t'J
s
u.4)
.c
_...„
i
3,
Hello