HomeMy WebLinkAbout20131796.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Benjamin Hansford, that the following resolution be introduced for denial by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR13-0015
APPLICANT: JOLENE & H. L. JOHNS
PLANNER: CHRIS GATHMAN
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR RECREATIONAL FACILITIES AND USES (SHOOTING RANGE) IN
THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: LOT B REC EXEMPT RE -4012; PART N2NE4 SECTION 16, Ti N, R67W OF THE
6TH P.M., WELD COUNTY, COLORADO.
LOCATION: SOUTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 750 FEET
WEST OF CR 19.
be recommended unfavorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has not shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is not consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect.
Section 22-2-20.G.2 A.Policy 7.2.states: "Conversion of agricultural land to nonurban
residential, commercial and industrial uses should be accommodated when the subject site is
in an area that can support such development, and should attempt to be compatible with the
region."
Section 22-2-20.1. A.Goal 9. states: "Reduce potential conflicts between varying land uses in
the conversion of traditional agricultural lands to other land uses."
Section 22-2-20.1.5. A.Policy 9.5. states: "Applications for a change of land use in the
agricultural areas should be reviewed in accordance with all potential impacts to surrounding
properties and referral agencies. Encourage applicants to communicate with those affected
by the proposed land use change through the referral process."
The proposed use is located in the A (Agricultural) Zone District. There are five (5) single
family residences adjacent to or in the immediate vicinity of this property. There is also an
existing construction business (approved under USR-1330) and a gas compressor station
located east of County Road 19 and south of County Road 10. The compressor station was
originally approved by the Board of County Commissioners in 1980 (under USR-428). A
number of amendments to the compressor station have occurred since then the last
amendment to the USR occurring in 2011 under case # USR11-0021.
The Department of Planning Services has received a number of phone calls, e -mails and
letters from surrounding property owners expressing concerns and/or objections to the
proposed shooting range facility including:
• Noise from the shooting range.
• Concerns about the shooting range spooking horses on an adjacent
property.
• Safety concerns.
• Traffic
The application states that the property is located in an industrial area given the location of
the compressor station and construction business in proximity to this use. However, a number
of residences are located adjacent to this proposed facility and agricultural land is
A0/3 - /201
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 2
located immediately to the west and north of this site along with rural residential lots to the
east and south. The noise standards for the existing compressor facility are at a stricter
standard (50-55 decibels from the property line) than the decibel level requirements for the
shooting range (75-80 Decibels). The noise from the shooting range will cause disruption to
the adjacent residential properties and livestock. The Department of Planning Services
believes that there is not a way to condition this USR for an outdoor shooting range to ensure
compatibility with the adjacent area.
Section 23-2-220.A.3 -- The uses which will be permitted will not be compatible with the
existing surrounding land uses. The proposed use is located in the A (Agricultural) Zone
District. There are five (5) single family residences adjacent to or in the immediate vicinity of
this property.
The Department of Planning Services has received a number of phone calls, e -mails and
letters from surrounding property owners expressing concerns and/or objections to the
proposed shooting range facility including:
• Noise from the shooting range.
• Concerns about the shooting range spooking horses on an adjacent
property.
• Safety concerns.
Traffic
The noise from the shooting range will cause disruption to the adjacent residential properties
and livestock. The Department of Planning Services believes that there is not a way to
condition this USR for an outdoor shooting range (principally to address the noise associated
with the use) to ensure compatibility with the adjacent area.
B. Section 23-2-220.A.4 -- The uses which will be permitted will not be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities.
The proposed shooting range is considered a non -urban development in that it is served by a
commercial well and septic systems/port-a-potties. The proposed shooting range is located
within the Intergovernmental Agreement boundary (coordinated planning agreement
boundary) of the City of Dacono. Section 19-2-60.BC.7 of the coordinated planning
agreement states: "To the extent legally possible pursuant to the Plan and the county's land
use regulations as described in Section 19-2-50 BC.7 above, the county will deny proposals
for Non -Urban Development in the Urban Growth Area." The City of Dacono stated in their
referral dated April 5, 2013 that the proposed shooting range is not consistent with their
Comprehensive Plan. The City of Dacono has the area designated as "Low -Density
Residential" in their Long -Range Planning Area.
C. Section 23-2-220.A.7 — There are not adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
The Department of Planning Services believes that there is not a way to condition this USR
for an outdoor shooting range to ensure compatibility with the adjacent area and to
adequately address the welfare of the residents of the neighborhood.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
Should the Board of County Commissioners approve the proposal, the Planning Commission recommends
that the following conditions of approval and development standards be included:
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 3
1. Prior to recording the plat:
A. The applicant shall address the requirements (concerns) of the Weld County Department of
Public Works, as stated in the referral response dated April 23, 2013:
The applicant shall be responsible for providing a water quality feature that conforms to the
methodology outlined in Volume 3, Section 3.3.0 of the Urban Storm Drainage Criteria
manual. The web site address is as follows http://www.udfcd.orq. The application materials
indicate the entire site drains to an existing privately owned pond. Please label the pond as a
water quality feature and label the minimum required water quality volume. Please contact
Public Works for additional information on this requirement. (Department of Public Works)
B. In the event the applicant intends to utilize the existing septic system at the home, for
business use, the septic system shall be reviewed by a Colorado Registered Professional
Engineer. The review shall consist of observation of the system and a technical review
describing the system's ability to handle the proposed hydraulic load. The review shall be
submitted to the Environmental Health Services Division of the Weld County Department of
Public Health and Environment. In the event the system is found to be inadequately sized or
constructed the system shall be brought into compliance with current Regulations.
Alternatively:
An individual sewage disposal system is required for the proposed facility and shall be
installed according to the Weld County Individual Sewage Disposal Regulations. (Department
of Environmental Health)
C. The applicant shall submit written evidence from the Colorado Division of Water Resources,
demonstrating that the well is appropriately permitted for the commercial use as required by
the Colorado Division of Water Resources in their referral dated April 26, 2013. (Department
of Environmental Health & Colorado Division of Water Resources)
D. The applicant shall submit evidence of an Underground Injection Control (UIC) Class V
Injection Well permit from the Environmental Protection Agency (EPA) for any large -capacity
septic system (a septic system with the capacity to serve 20 or more persons per day).
Alternately, the applicant can provide evidence from the EPA that they are not subject to the
EPA Class V requirements. (Department of Environmental Health)
E. The applicant shall address the requirements of the Fort Lupton Fire Protection District, as
stated in the referral response dated May 1, 2013. Written evidence of such shall be
submitted to the Weld County Department of Planning Services. (Department of Planning
Services)
F. The applicant shall submit a signage plan for review and approval by the Department of
Planning Services. The signage plan shall meet the following requirements: The entire range
(including danger area if range is not of the "Safety Range" type) shall be fenced and warning
signs posted every two hundred (200) feet. (Department of Planning Services)
G. The applicant shall submit a Lighting Plan (if applicable) to the Department of Planning
Services, for review and approval. (Department of Planning Services)
H. The applicant shall submit a Landscape/Screening Plan to the Department of Planning
Services, for review and approval:
A Plant Material List specifying the type and size of Botanical plant material to be installed
(including the seeding of the berms). (Department of Planning Service)
An Improvements Agreement including collateral for all on -site improvements. The agreement
and form of collateral shall be reviewed by County Staff and accepted by the
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 4
Board of County Commissioners prior to recording the USR plat. As an alternative, the
applicant may submit evidence that all the work has been completed and reviewed by the
Departments of Planning Services and Public Works. (Department of Planning Services)
J. The applicant shall submit written evidence to the Department of Planning Services of
compliance with the National Rifle Association minimum standards for shooting ranges for the
specified firearms permitted at this facility. (Department of Planning Services)
K. The plat shall be amended to delineate the following:
1. All sheets of the plat shall be labeled USR13-0015 (Department of Planning
Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall be prepared in accordance with Section 23-2-260.D of the Weld
County Code. (Department of Planning Services)
4. The applicant shall delineate the trash collection areas. Section 23-3-350.H of the
Weld County Code addresses the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent properties and public
rights -of -way. These areas shall be designed and used in a manner that will prevent
trash from being scattered by wind or animals. (Department of Planning Services)
5. County Road 10 is designated on the Weld County Road Classification Plan as a
local gravel road, which requires 60 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat
the existing right-of-way and the documents creating the right-of-way. All setbacks
shall be measured from the edge of future right-of-way. If the right-of-way cannot be
verified, it shall be dedicated. These roads are maintained by Weld County.
(Department of Public Works)
6. Show the existing access point on the Plat and label it with the Access Permit
number (will be provided). (Department of Public Works)
7. Label the access and driving surface as a well drainage all weather surface
constructed of well maintained gravel, recycled asphalt/concrete or equivalent.
(Department of Public Works)
8. Delineate the water quality feature on the plat and label as "No Build/Storage Area".
Label the volume of the water quality feature on the plat. (Department of Public
Works)
9. The plat shall delineate the approved Screening/Landscape Plan. (Department of
Planning Services)
10. The off-street parking spaces, including the access drive, shall be surfaced with
gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage
problems. Parking spaces shall be indicated on the plat map in accordance with
(Department of Public Works)
11. Provide topography at two foot intervals showing existing contours and proposed
grades per Section 23 4 370 of the Weld County Code. The gate must be set back
75 feet from the right-of-way to allow vehicles to pull completely off the roadway in
order to open the gate safely. (Department of Public Works).
12. The approved Signage Plan. (Department of Planning Services)
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 5
13. The approved Lighting Plan. (Department of Planning Services)
14. Provide a typical cross-section of the proposed berm(s) adjacent to the pistol/rifle
ranges. The berm(s) shall comply with the following requirement:
For up to a three -hundred -yard range, an earth embankment at least twenty-five (25)
feet in height, well sodded to retain a slope of thirty-five (35) degrees from
perpendicular and topped by an earth -filled timber barricade at least fifteen (15) feet
high, shall be provided. Stones shall be removed from the face of the embankment to
a depth of eighteen (18) inches. For each additional one hundred (100) yards of
range, ten (10) feet in overall height of the bullet stop shall be added. The bullet stop
shall extend approximately one hundred sixty (160) feet beyond the ends of the
target line for high -caliber ranges; and twenty-five (25) feet for small -bore rifle and
pistol ranges. (Department of Planning Services)
2. Upon completion of Condition of Approval #1 above, the applicant shall submit three (3) paper copies
or one (1) electronic copy (.pdf) of the plat for preliminary approval to the Weld County Department of
Planning Services. Upon approval of the plat the applicant shall submit a Mylar plat along with all
other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office
of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The
Mylar plat and additional requirements shall be submitted within one hundred twenty (120) days from
the date of the Board of County Commissioners Resolution. The applicant shall be responsible for
paying the recording fee. (Department of Planning Services)
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat
not be recorded within the required one hundred twenty (120) days from the date of the Board of
County Commissioners Resolution, a $50.00 recording continuance charge shall added for each
additional three (3) month period. (Department of Planning Services)
4. The Department of Planning Services respectfully requests a digital copy of this Use by Special
Review, as appropriate. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable
GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB). The preferred format
for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps(a�co.weld.co.us. (Department of Planning Services)
5. Prior to Grading/Development of the Site:
A. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. (Department
of Public Works)
B. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of
construction. The grading permit application must contain: an erosion and sediment control
plan, a grading plan, installation details of all BMPs to be utilized, typical installation and
maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE
stormwater permit. (Department of Public Works)
6. Prior to Release of Building Permits:
A. A building permit will be required for any new buildings/structures associated with the
shooting range facility along with any existing structures to be utilized in conjunction with the
shooting range. It is recommended that the applicant meet with the Weld County Building
Department to go over building permitting requirements prior to the submittal of building
permits. (Department of Building Inspection)
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 6
B. Buildings, equipment and structures shall conform to the requirements of the various codes
adopted at the time of permit application. Currently the following has been adopted by Weld
County: 2012 International Building Code; 2012 International Mechanical Code; 2012
International Plumbing Code: 2012 International Energy Code; 2006 International Fuel Gas
Code; 2011 National Electrical Code; 2009 ANSI 117.1 Accessibility Code the 2012
International Plumbing Code and Chapter 29 of the Weld County Code. (Department of
Building inspection)
C. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building inspection)
7. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the
Weld County Clerk and Recorder unless an early release of grading permit(s) and/or building
permit(s) agreements are approved. (Department of Planning Services)
Motion seconded by Bret Elliott.
VOTE:
For Denial Against Denial
Robert Grand
Benjamin Hansford
Mark Lawley
Nick Berryman
Joyce Smock
Jordan Jemiola
Bret Elliott
Absent
Bill Hall
Jason Maxey
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on June 18, 2013.
Dated the 18th of June, 2013.
�
Digitally signed by Kristine
/.
�' 6f Ranslem
Date: 2013.06.24 08:25:41 -06'00'
Kristine Ranslem
Secretary
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Lynn & Jolene Johns
USR13-0015
1. A Site Specific Development Plan and Use by Special Review Permit for Recreational facilities and
uses (shooting range) and retail sales and service accessory to the shooting range in the A
(Agricultural) Zone District. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. The hours of operations shall be limited to 9:00 AM - 7:00 PM Monday — Friday. (Department of
Planning Services)
4. The facility shall have a maximum of five (5) outside employees. (Department of Planning Services)
5. The shooting facility shall be limited to ten (10) outdoor lanes as stated in the application. (Department
of Planning Services)
6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section
30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination. (Department of Public Health and Environment)
7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, Section 30-20-100.5, C.R.S. (Department of Public Health and Environment)
8. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant
shall operate in accordance with the approved "waste handling plan", at all times. (Department of
Public Health and Environment)
9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be
operated in accordance with the approved Dust Abatement Plan, at all times. (Department of Public
Health and Environment)
10. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
District, as delineated in Section 14 9 30 of the Weld County Code (80 dB (decibels) 7:00 AM to 9:00
PM). The maximum permissible noise level shall not exceed the industrial limit of 80 dba as
measured according to Section 25-12-102 CRS. (Department of Public Health and Environment)
11. All potentially hazardous chemicals must be handled in a safe manner, in accordance with product
labeling, and in a manner that minimizes the release of hazardous air pollutants (HAP's) and volatile
organic compounds (VOC's). All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations. (Department of Public Health and Environment)
12. Adequate drinking, hand washing and toilet facilities shall be provided for employees of the facility, at
all times. (Department of Public Health and Environment)
13. In the event the facility's water system serves more than 25 persons on a daily basis the water system
shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). If not subject to
these requirements, the Weld County Department of Public Health and Environment strongly
encourages well users to test their drinking water prior to consumption and periodically thereafter.
14. Sewage disposal for the facility shall be by septic system. Any septic system located on the property
must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal
Systems. (Department of Public Health and Environment)
15. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
(Department of Public Health and Environment)
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 8
16. Any targets used shall be considered non-toxic. (Department of Public Health and Environment)
17. All activities at this site shall comply with the rules and regulations of the National Skeet Shooting
Association and Colorado Parks and Wildlife. (Weld County Department of Public Health and
Environment)
18. The operation shall comply with all applicable rules and regulations of state and federal agencies and
the Weld County Code. (Department of Public Health and Environment)
19. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in accordance
with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard
to operators of motor vehicles on public or private streets. No colored lights may be used which may
be confused with, or construed as, traffic control devices. (Department of Planning Services)
20. The landscaping and screening on the site shall be maintained in accordance with the approved
Screening Plan. The perimeter of the range shall be landscaped to provide natural noise barriers. The
remainder of the range shall be planted and maintained with grass or other suitable ground cover.
(Department of Planning Services)
21. Off-street parking spaces including the access drive shall be surfaced with gravel, recycled
asphalt/concrete or the equivalent and shall be graded to prevent drainage problems.
22. Each parking space shall be equipped with wheel guards or curb blocks when necessary to prevent
vehicles from extending beyond the boundary of the space and from coming into contact with other
vehicles, walls, fences or plantings.
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned
ponding of storm run-off.
24. Weld County is not responsible for the maintenance of drainage related features. This must be
addressed by the owner.
25. The applicant must take into consideration storm water quality and provide accordingly for best
management practices.
26. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the
property or become established as a result of the proposed development, the applicant/landowner
shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be
maintained at a maximum height of 12 inches until the area is completely developed.
27. Buildings and structures shall conform to the requirements of the various codes adopted at the time of
permit application. Currently the following has been adopted by Weld County: 2012 International
Building Code; 2012 International Mechanical Code; 2012 International Plumbing Code: 2006
International Energy Code; 2012 International Fuel Gas Code; 2011 National Electrical Code; 2003
ANSI 117.1 Accessibility Code and Chapter 29 of the Weld County Code. (Department of Building
Inspection)
28. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide
Road Impact Fee Program. (Ordinance 2011-2)
29. Building Permits issued on the lot will be required to adhere to the fee structure of the County Facility
Fee and Drainage Impact Fee Programs. (Ordinance 2011-2)
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 9
30. The entire range (including danger area if range is not of the "Safety Range" type) shall be fenced and
warning signs posted every two hundred (200) feet. (Department of Planning Services)
31. Firing points shall be four (4) to five (5) feet apart for shooting distances up to two hundred (200)
yards. (Department of Planning Services)
32. If the shooting range is used by more than four (4) individuals on a regular basis, shooting shall be
supervised by a range officer or instructor qualified by the National Rifle Association, military service
or other similar training. (Department of Planning Services)
33. The skeet field layout shall meet the requirements of the National Skeet Shooting Association.
(Department of Planning Services)
34. A locked gate at the main entrance to the site shall be maintained during off hours.
35. No shooting shall occur in the direction of County Road 10 unless there is an adequate, safe and
clear zone set up for shooting.
36. Line of fire shall be as nearly horizontal as is practicable and never below horizontal. Ranges may be
constructed so that the firing point is below the target, provided that the gradient between the firing
point and target does not exceed two percent (2%).
37. In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage
building, clubhouse and lavatories shall be provided.
38. A danger zone of three hundred (300) yards by six hundred (600) yards shall be provided for skeet
fields.
39. "Safety Range" requirement. If the range is constructed in an urbanized area, when area is
developed, or when natural terrain does not offer adequate protection, overhead safety baffles may be
required.
40. Rifle or pistol ranges shall not be permitted without bullet stops. Natural or artificial bullet stops shall
be provided.
a.Natural bullet stops. Only slopes of hills shall be used for natural bullet stops. The crest of the hill
used for a bullet stop shall be at least thirty (30) feet above the level of the firing point for a one -
hundred -yard range. An additional ten (10) feet of hill shall be provided for each additional one
hundred (100) yards of range. The slope of the hill shall not be less than two (2) to one (1). A vertical
cut shall be taken out of the face of the hillside used for a backstop to provide a nearly perpendicular
face to catch bullets and prevent ricochets.
b. Artificial bullet stops. For up to a three -hundred -yard range, an earth embankment at least twenty-
five (25) feet in height, well sodded to retain a slope of thirty-five (35) degrees from perpendicular and
topped by an earth -filled timber barricade at least fifteen (15) feet high, shall be provided. Stones shall
be removed from the face of the embankment to a depth of eighteen (18) inches. For each additional
one hundred (100) yards of range, ten (10) feet in overall height of the bullet stop shall be added. The
bullet stop shall extend approximately one hundred sixty (160) feet beyond the ends of the target line
for high -caliber ranges; and twenty-five (25) feet for small -bore rifle and pistol ranges.
41. Per Section 27-3-370.A of the Weld County Code: A Special Review Permit to operate an outdoor
shooting range, if approved, shall be conditioned on a requirement that every ten (10) years the safety
of the design of the range shall be reviewed and changed, taking into account the history of the
operation and changes in surrounding land uses and the relevant provisions of Subsections B.2, C.2
through C.6 and D below. Review of the safety plan shall be accomplished using the Site Plan Review
process and such changes shall not constitute a major change from the Special Review Permit. The
Department of Planning Services may waive the review if the surrounding property within one-half (%)
mile has not significantly changed since the recording date of the original application. The applicant
shall provide evidence for this determination. The operator, if he or she chooses not to accept the staff
determination under the Site Plan Review process, may request that the matter be determined
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 10
by the Board of County Commissioners which shall hear the matter in accordance with the procedures
for considering a Special Review Permit; provided, however, that no fee shall be charged.
42. This Use By Special Review permit shall not be transferable to any successors in interest to the
described property and shall terminate automatically upon conveyance or lease of the property to any
other party. (Department of Planning Services)
43. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240 of the Weld County Code.
44. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250 of the Weld County Code.
45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the plans
or Development Standards, as shown or stated, shall require the approval of an amendment of the
Permit by the Weld County Board of County Commissioners before such changes from the plans or
Development Standards are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
47. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may be
reason for revocation of the Permit by the Board of County Commissioners.
48. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious, but
they are intensively used for agriculture. Persons moving into a rural area must recognize and accept
there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of
services than in town. Along with the drawbacks come the incentives which attract urban dwellers to
relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the
rural atmosphere and way of life. Without neighboring farms, those features which attract urban
dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm
vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal
confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and
trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential development.
When moving to the County, property owners and residents must realize they cannot take water from
irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water.
RESOLUTION USR13-0015
JOLENE & H. L. JOHNS
PAGE 11
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state
and county roads outside of municipalities. The sheer magnitude of the area to be served stretches
available resources. Law enforcement is based on responses to complaints more than on patrols of
the County, and the distances which must be traveled may delay all emergency responses, including
law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must
leave their jobs and families to respond to emergencies. County gravel roads, no matter how often
they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal
priorities mean that roads from subdivisions to arterials may not be cleared for several days after a
major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services.
Rural dwellers must, by necessity, be more self-sufficient than urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center
pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and
open burning present real threats. Controlling children's activities is important, not only for their
safety, but also for the protection of the farmer's livelihood.
Oct(Vlft7ttZSuf,18
The Chair asked the applicant if he has read through the amended Development Standards and
Conditions of Approval and if he is in agreement with those. The applicant replied that they are in
agreement.
Motion: Forward Case COZ13-0001 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Mark Lawley, Seconded by Jordan Jemiola.
Vote: Motion carried by unanimous roll call vote (summary: Yes = 7).
Yes: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
The Chair called a recess at 3:28 pm and reconvened the hearing at 3:36 pm.
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
USR13-0015
JOLENE & H. L. JOHNS
CHRIS GATHMAN
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR RECREATIONAL FACILITIES AND USES (SHOOTING RANGE)
IN THE A (AGRICULTURAL) ZONE DISTRICT.
LOT B REC EXEMPT RE -4012; PART N2NE4 SECTION 16, T1 N, R67W OF
THE 6TH P.M., WELD COUNTY, COLORADO.
SOUTH OF AND ADJACENT TO CR 10 AND APPROXIMATELY 750 FEET
WEST OF CR 19.
Chris Gathman, Planning Services, presented Case USR13-0015, reading the recommendation and
comments into the record. The Department of Planning Services has received numerous phone calls,
emails and letters that have been submitted citing concerns of noise, spooking livestock on adjacent
properties, safety, traffic, and the proximity to surrounding residences. Mr. Gathman stated that the
Department of Planning Services is recommending denial of this application due to 1) non-compliance
with the City of Dacono's Comprehensive Plan and 2) the noise from the shooting range will cause noise
and disruption to adjacent residential properties and livestock.
Jennifer Petrik, Public Works, reported on the existing traffic, access and drainage conditions and the
requirements on site. Ms. Petrik recommended deleting Condition of Approval 1.K.11 and to make a new
Condition of Approval 1.K.11 to read "The gate must be set back 75 feet from the right-of-way to allow
vehicles to pull completely off the roadway in order to open the gate safely."
Motion: Delete Condition of Approval 1.K.11 and add new Condition of Approval as stated by staff,
Moved by Benjamin Hansford, Seconded by Mark Lawley.
Motion passed unanimously.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, and the Waste Handling Plan. Ms. Light noted that Development Standard 10 restricts the
noise to the industrial limit which is 80 decibels. She added that after conferring with the County Attorney
there is a state regulation which the Weld County Ordinance was based upon. The State regulations
would come into effect for the noise regulations; therefore staff recommends that Development Standard
10 be deleted and replaced with the following language "The maximum permissible noise level shall not
exceed the industrial limit of 80 dba as measured according to Section 25-12-102 CRS."
Motion: Delete language in Development Standard 10 and replace with "The maximum permissible noise
level shall not exceed the industrial limit of 80 dba as measured according to Section 25-12-102 CRS.",
Moved by Nick Berryman, Seconded by Benjamin Hansford.
Motion passed unanimously.
Mr. Yatabe referred to Page 2 Item 2.B Paragraph 2 and recommended amending "Section 19-2-60.B" in
the second sentence to "Section 19-2-60.0.7".
Motion: Amend Item 2.B on Page 2 as stated by staff, Moved by Benjamin Hansford, Seconded b
Joyce Smock.
Motion passed unanimously.
Lynn Johns, 8690 CR 10, said that they are proposing a shooting range. He added that the range is to be
1 acre in size and they can subcut the range so that the side and back berms will be 13 to 14 foot tall.
The receiving end of where the shots will be fired will be 20 foot tall with a baffle on top of the berm. Any
bullets that are fired will be going into a bullet trap which is a 4 foot by 4 foot by 4 foot square trap built out
of 6 inch treated wood.
Commissioner Lawley asked if he met with any of the neighbors regarding this proposal. Mr. Johns said
that he talked to three of his neighbors that he thought would be most affected by it. He added that he
didn't receive a negative response from them at that time. Mr. Johns said that they hope to provide a
small shooting range to benefit the community and added that his neighbors will have free access to it.
He further added that they have people coming down County Road 10 and shoot at berms from the road.
Mr. Johns said that they will try to mitigate the noise with a canopy that has acoustical tiles to benefit the
shooter and the public. He added that their area has become a commercial/industrial area and he is trying
to take his land and benefit himself and others at the same time.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dolf Veit, 8502 CR 10, stated that he is an adjacent neighbor to the south. Mr. Veit provided a video to
show the landscape and improvements on his property and adjacent properties in proximity to the
shooting range. Additionally, he expressed concerns over noise and added that some of them in the area
have been affected with PTSD. Other concerns that he expressed is the loss of valuation of their homes
and the impact on wildlife.
Pam Imler Cooper, 3225 CR 19, Ft. Lupton, Colorado stated that she is an avid bird watcher. She added
that she has lived there for 9 years. She provided a list of the birds that have been on her land in the last
12 months. Ms. Imler Cooper said that she is concerned that the gunfire will drive the birds away.
Amy Bauer 8741 CR 8, stated that they moved in to the area December 2012. She is a bird watcher and
is a member of the Audubond Society. She added that they moved to the area for the peace and quiet.
Wade Cooper, 3225 CR 19, stated that he is concerned with the noise level and that this proposal will
significantly affect their property values. He lives 0.75 miles from the gun range and added that he can
hear gun shots from inside his house.
Jason Thompson, 5077 Pelican St, Brighton, Colorado, stated that he is in law enforcement, has a large
military background, and is a certified NRA Range Instructor. Mr. Thompson stated that the NRA is the
standard for ranges and law enforcement firearm instruction in the nation. If the NRA is willing to come
and approve a range then you know it is safe. He has known the applicant for 20 years and added that
the facility will be safe. Mr. Thompson noted that shooting is happening now in the area and the birds are
still there and the horses are running fences.
John Brunetti, 3867 CR 19, stated that he lives adjacent to the site and added that he is a member of the
NRA as well. Mr. Brunetti stated that there is a difference from occasional shooting from a neighbor
versus a full time shooting range. His biggest concern is safety and added that he has horses in the
pasture. He added that he certifies the training for the Weld County Sheriff's posse and stated that one of
the biggest issues is how a horse reacts from gunfire.
Dean Felton, 3434 CR 19, echoed the same concerns as previously stated. He stated that he is a
member of the NRA and an avid hunter as well. Mr. Felton added that the shooting range will impact the
neighbors in this area. An average gun has 160 decibels at its muzzle and this site is located on a hill.
Sherry Bean, 3647 CR 19, stated that she lives south of the facility. She stated that she is in support of
the facility as it provides a safe environment for people to handle firearms as well as to provide education
on safety. Ms. Bean said that she finds the applicants to be responsible and good neighbors and added
that they should be provided the opportunity to show how honorable they are and that they can comply
with the requirements.
6
Bryon Johns stated that he is the applicant's brother. He added that the range will be constructed to NRA
standards so he believes that the noise level will go down and the safety level will increase. Mr. Johns
added that the oil and gas plant has already decreased their property value and this gun range will not
impact the property value any further.
Arlen Siert, 3238 CR 19, stated that he is within range of the projectiles to be fired. He is concerned that
this range is not properly located because of the numerous people and livestock in the vicinity. He stated
that he is a Board Certified Professional Safety and Occupational Safety and Environmental Health
Expert and added that this is impulse noise and it cannot be measured in a normal fashion that you
measure noise.
Dawn Brunetti, 3867 CR 19, stated that she is concerned with the safety of her children. She provided
photographs of the proximity of the oil and gas wells in proximity to the shooting range. She said that she
also rides horses surrounding the subject site and is concerned with the stray bullets.
Karla Shriner, 3863 CR 19, stated that she is struggling with how this will benefit her and the community.
She stated that they moved out here for the peace and quiet.
Greg Reider, 3863 CR 19, stated that he can hear the noise from the applicant's gun in his house. He
respects that he can shoot on his land as he does the same but added that this will greatly impact the
neighbors.
Roy Algueseva, 3221 CR 19, stated that once something is there you can't get rid of it. He asked what
happens if it is sold to another operator who is not as responsible. He added that it should remain
agricultural.
Steve Reynolds, 3867 CR 19, stated that they have between 30 to 50 horses at any given time by
different riders. He added that they work with the Humane Society and deal with 2 to 3 horses at any one
time that were abused horses to begin with. Mr. Reynolds said that the impulses affect the horses and
everyone surrounding the area.
Jolene Johns, 8690 CR 10, stated that she was never raised around guns but her husband is the safest
person she knows. She added that he has sent home individuals that do not obey their rules. She stated
that she has an eagle in her tree and ducks in her pond and they have not left. She added that she has
witnessed several times people shooting from the road. Ms. Johns stated that an NRA shooting range is
the safest range possible.
Ron Lovely, 12625 Dexter Street, Denver, Colorado stated that safety is the biggest concern and added
that Mr. John is the safest person he knows. He has grandkids and has directed people off his property.
Mr. Lovely stated that Mr. Johns will build this facility so that the sound is minimal and the most safe
range possible. He added that after it is in operation Mr. John will listen to any recommendation from the
surrounding neighbors that have concerns.
Pat Thorpe, 3403 CR 19, stated that he has lived in the area since 1992. He expressed strong concerns
on the noise, safety and dust from the shooting range.
Mr. Johns stated that he hopes everyone understands the thought process and added that he is not trying
to take anything away from them. He is trying to make the best of a bad situation in his environment. He
apologized for any hostility that anyone felt over this.
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those. The applicant replied that they are in
agreement.
Commissioner Lawley stated that he heard a lot of safety concerns. He is a proponent of property rights
as long as the individual meet the requirements and guidelines set forth by the governing body. He said
that he wasn't comfortable that all the safety issues were addressed. Nothing in the case materials
address what the NRA rules are and what the qualifications and safety certifications are. He wasn't
convinced that the safety issues were addressed.
7
Commissioner Grand said that he is less concerned with the safety issue because the applicant and his
staff have credentials that show a high level of safety concerns. He stated that he is concerned with the
noise and the compatibility issue in the area. He stated that he is also a proponent with private property
rights but he cannot support the applicant because it is not compatible in the area.
Commissioner Smock said that there are a lot of individuals who live in close proximity to the shooting
range and she concurred with Mr. Lawley's concern with safety issues. She also agreed that if this range
was located indoors it would put a whole different light on this.
Commissioner Berryman said that there was some discussion about the height of the berms and sound
baffles but he didn't get a visual idea of what would be there.
Commissioner Hansford said that he is familiar with that area and added that there is a lot of gun shooting
that is not regulated and it will continue until someone catches them. He feels every child should be
taught gun safety. If the gun range was enclosed he would not have any concern. He said he didn't see
details on the safety issues.
Motion: Forward Case USR13-0015 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
denial, Moved by Benjamin Hansford, Seconded by Bret Elliott.
Vote: Motion passed (summary: Yes = 0, No = 7, Abstain = 0).
No: Benjamin Hansford, Bret Elliott, Jordan Jemiola, Joyce Smock, Mark Lawley, Nick Berryman, Robert
Grand.
Commissioner Jemiola stated that he doesn't have a concern with safety; however he is concerned with
the mitigation of the noise.
Commissioner Elliott commented that he would like to support this as he is a hunter and shooter as well
but feels that it is incompatible with this area.
Commissioner Berryman commented that it could be a pretty safe facility if built to standards but he
wasn't convinced on the noise transfer that could happen there. He added that he understands the area
is sensitive from past activity to noise.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. No one
wished to speak.
Meeting adjourned at 5:18 pm.
Respectfully submitted,
Kristine Ranslem
Secretary
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