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LAND USE APPLICATION
SUMMARY SHEET
C. Gathman
USR13-0015
Lynn & Jolene Johns
8690 County Road 10, Fort Lupton, CO 80621
Hearing Date: June 18, 2013
A Site Specific Development Plan and Use by Special Review Permit for
Recreational facilities and uses (shooting range) along with retail sales and
service accessory to the shooting range in the A (Agricultural) Zone District.
Lot B Recorded Exemption RE -4012; Part N2NE4 of Section 16, T1N, R67W of
the 6th PM, Weld County, Colorado
South of and adjacent to County Road 10 and approximately 750 feet west of
County Road 19.
Size of Parcel: 42.06 Acres
Parcel Number: 146916100009
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County
Code.
The Department of Planning Services' staff has received responses from the following agencies:
Without Comments:
Weld County Zoning Compliance, referral received March 27, 2013
Town of Frederick, referral received April 4, 2013
City of Longmont, referral received April 19, 2013
With Comments:
Weld County Department of Public Works, referral received April 24, 2013
Weld County Department of Environmental Health, referral received April 23, 2013
Weld County Department of Building Inspection, referral received May 14, 2013
Colorado Division of Water Resources, referral received April 26, 2013
City of Dacono, referral received April 5, 2013
Fort Lupton Fire Protection District, referral received May 1, 2013
The following agencies have not responded:
Office of Emergency Management
Weld County Sheriff's Office
Bureau of Alcohol Tobacco & Firearms
USR13-0015, Johns Shooting Range, Page 1
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Planner: C. Gathman
Case Number: USR13-0015 Hearing Date: June 18, 2013
Applicant: Lynn & Jolene Johns
Site Address: 8690 County Road 10, Fort Lupton, CO 80621
Request: A Site Specific Development Plan and Use by Special Review Permit for
Recreational facilities and uses (shooting range) along with retail sales and
service accessory to the shooting range in the A (Agricultural) Zone District.
Legal Description: Lot B Recorded Exemption RE -4012; Part N2NE4 of Section 16, T1N, R67W of
the 6th PM, Weld County, Colorado
Location: South of and adjacent to County Road 10 and approximately 750 feet west of
County Road 19.
Size of Parcel: 42.06 Acres
Parcel Number: 146916100009
SUMMARY: The application is for a shooting range in the A (Agricultural) Zone District. The applicant
intends to construct an outdoor shooting range with ten (10) outdoor lanes along with accessory uses to
the shooting range including an office and retail sales to be located in an existing 40 x 60 building on the
property. The applicant intends to utilize portable toilets for customers and there is an existing well on the
property that will need to be converted to commercial use as required by the Division of Water Resources.
THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
DENIED 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 Department of Planning Services' staff 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."
USR13-0015, Johns Shooting Range, Page 2
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 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.
USR13-0015, Johns Shooting Range, Page 3
C. 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.B 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 B 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.
G. 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.
If the Planning Commission recommends approval, staff recommends that the following conditions of
approval and development standards be included:
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 systems 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)
USR13-0015, Johns Shooting Range, Page 4
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
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)
USR13-0015, Johns Shooting Range, Page 5
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. (Department of Public
Works).
12. The approved Signage Plan. (Department of Planning Services)
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
USR13-0015, Johns Shooting Range, Page 6
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
senttomaps@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)
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)
USR13-0015, Johns Shooting Range, Page 7
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). (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)
USR13-0015, Johns Shooting Range, Page 8
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)
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.
USR13-0015, Johns Shooting Range, Page 9
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)
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
USR13-0015, Johns Shooting Range, Page 10
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 ('A) 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 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.
USR13-0015, Johns Shooting Range, Page 11
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.
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.
USR13-0015, Johns Shooting Range, Page 12
May 20, 2013
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
JOHNS JOLENE
8690 CR 10
FORT LUPTON, CO 80621
Subject: USR13-0015 - A Site Specific Development Plan and Use by Special Review Permit for
Recreational facilities and uses (shooting range) in the A(Agricultural) Zone District.
On parcel(s) of land described as :
PT N2NE4 SECTION 16, T1 N, R67W LOT B REC EXEMPT RE -4012 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on June 18, 2013, at 1:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on July 17, 2013 at 10:00
a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O
Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of ten
days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place
on the property and a second sign posted at the point at which the driveway (access drive) intersects a
publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at
www.wel d cou ntypl ann ingcases.orq
If you have any questions concerning this matter, please call.
Respectfully,
C- k v- Sca t✓
Chris Gathman
Planner
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.05.20 13:32:56 -06'00'
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.co.weld.co.us
E-MAIL: cgathman@co.weld.co.us
PHONE: (970) 353-6100, Ext. 3537
FAX: (970) 304-6498
March 27, 2013
JOHNS JOLENE P
8690 CR 10
FORT LUPTON, CO 80621
Subject: USR13-0015 - A Site Specific Development Plan and Use by Special Review Permit for
Recreational facilities and uses (shooting range) in the A (Agricultural) Zone District.
On parcel(s) of land described as:
PT N2NE4 SECTION 16, T1 N, R67W LOT B REC EXEMPT RE -4012 of the 6th P.M., Weld County,
Colorado.
Dear Applicants:
Your application and related materials for the request described above are complete and in order at this
time. I will schedule a meeting with you at the end of the review period to discuss the referral
comments received by our office.
It is the policy of Weld County to refer an application of this nature to any town or municipality lying
within three miles of the property in question or if the property under consideration is located within the
comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of
the submitted materials to the following Planning Commission(s) for their review and comments:
Dacono at Phone Number 303-833-2317
Frederick at Phone Number 720-382-5500
Please call the listed Planning Commissions, for information regarding the date, time and place of the
meeting and the review process. It is recommended that you and/or a representative be in attendance at
each of the meetings described above in order to answer any questions that might arise with respect to
your application.
If you have any questions concerning this matter, please call.
Respectfully,
Digitally signed by Kristine Ranslem
Reason: I am the author of this document
Date: 2013.03.27 09:57:15 -06'00'
Chris Gathman
Planner
FIELD CHECK
inspection dates: 6/7/2013 & 6/17/2013
APPLICANT: Lynn & Jolene Johns
CASE #: USR13-0015
REQUEST: A Site Specific Development Plan and Use by Special Review Permit for Recreational
facilities and uses (shooting range) along with retail sales and service accessory to the
shooting range in the A (Agricultural) Zone District.
LEGAL: Lot B Recorded Exemption RE -4012; Part N2NE4 of Section 16, T1 N, R67W of the 6th
PM, Weld County, Colorado.
LOCATION: South of and adjacent to County Road 10 and approximately 750 feet west of County
Road 19.
PARCEL ID #: 146916100009
ACRES: +/- 42.06 acres
Zoning
Land Use
N
A
N
Cropland
E
A
E
Single Family Residence and horse barns/ Industrial
Business (USR-1330)
S
A
S
Single -Family Residence
W
A
W
Cropland
COMMENTS:
There is an existing single family residence and outbuilding on the property. Oil and gas well is located on
the west end of the property. There is a berm located along the eastern edge of the property.
Chris Gathman - Planner Ill
Hello