HomeMy WebLinkAbout20091453.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: AmUSR-1105
APPLICANT: Kelly & Anna Berndt
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review
Permit for the expansion of a shotgun shooting and sporting club to include
rifle and pistol shooting ranges, archery ranges, and outdoor lighting; to move
and expand the existing clubhouse (including food service facilities); and add
RV parking and hookups, in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot D of RE -4466, located in the NW4 of Section 11, TBN, R66W and the W2
NE4 of Section 11, T8N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 96 and approximately 650 feet east of CR 33.
be recommended favorably to the Board of County Commissioners for the following reasons:
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 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 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."
The proposed amendment is an expansion of an existing shooting range. The site is
located in a rural area with the nearest three (3) residences located approximately 600-
1,000 feet west and northwest of the USR boundaries. The proposed pistol/rifle ranges
and RV parking are proposed to be located on the eastern portion of the site which is the
farthest distance from existing residences located to the west of the site.
B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A
(Agricultural) Zone District. Section 23-3-40.C.4 of the Weld County Code provides for
shooting ranges as a Use by Special Review in the A (Agricultural) Zone District.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the
existing surrounding land uses. The site is located in a rural area with the nearest three
(3) residences located approximately 600-1,000 feet west and northwest of the USR
boundaries. The site has a hill in the northwestern portion of the site and slopes to the
east and south where the shooting range and expansion are to be located. The applicants
are proposing to place rifle and pistol ranges, clubhouse, and RV parking and hookups at
the eastern end of the site, further away from existing residences. A Lighting Plan and a
Landscape Plan consistent with original USR-1105 requirements are proposed along with
other Conditions of Approval and Development Standards to address/ensure compatibility
with adjacent land uses.
D. Section 23-2-220.A.4 -- The uses which will be permitted will 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 site is located within the three-mile referral area for the Towns
of Nunn and Pierce. Both the Town of Nunn and the Town of Pierce indicated no conflicts
with their interests in their respective referrals received 4/28/2009 and 5/4/2009
2009-1453
EXHIBIT
AmU ((O≤
Resolution AmUSR-1105
Kelly & Anna Berndt
Page 2
E. Section 23-2-220.A.5 -- The application complies with Section 23-5 of the Weld County
Code.
Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve
prime agricultural land in the locational decision for the proposed use. The site is
designated as "Prime if Irrigated" in the western portion of the site and "High Potential Dry
Cropland" in the eastern portion of the site according to the U.S.D.A. Soil Conservation
Map, dated 1979. The western portion of the site is already being utilized as a shooting
range under USR-1105 and the eastern portion of the site is currently dryland.
G. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
H. Sec. 23-4-370. Outdoor shooting ranges — Attached Conditions of Approval and
Development Standards will ensure that the applicant complies with the requirements of
Section 23-4-370 of the Weld County Code.
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.
The Planning Commission recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1. The attached Development Standards. (Department of Planning Services)
2. County Roads 33 and 96 are designated on the Weld County Road Classification
Plan as local gravel roads, which require 60 feet of right-of-way at full build out. The
applicant shall verify the existing right-of-way and the documents creating the right-
of-way. All setbacks shall be measured from the edge of 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)
3. Place on the plat individual parking spaces adjacent to new club house and any
other location designated for parking. Parking shall be sufficient to meet the
requirement of a minimum of 5 spaces plus 1 space per firing position.
(Department of Public Works)
The approved Landscaping and Screening Plan. (Department of Planning
Services)
5. The approved Lighting Plan. (Department of Planning Services)
6. The drainage way must be shown and labeled. All RV spaces shall be indicated a
minimum of 120 -feet from the centerline of the drainage way. (Department of
Public Works)
Resolution AmUSR-1105
Kelly & Anna Berndt
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7. Identify and label the location of the proposed archery range. (Department of
Public Works)
8. Indicate a 25 -foot berm adjacent to the 50 yard shooting range to the east of the
Colorado Interstate Gas Pipeline. The plat shall clearly indicate that the proposed
berms are located outside of the 50 -foot Colorado Interstate Gas Company
easement. (Departments of Public Works and Planning Services)
9. Provide a typical cross-section of the proposed berm(s) adjacent to the pistol/rifle
ranges. (Department of Public Works)
10. 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).
11. The access gate shall be indicated. (Department of Planning Services)
12. All plat sheets shall be labeled AMUSR-1105. (Department of Planning Services)
B. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has
been made to mitigate the concerns of the mineral owner/operators. Drill envelopes can
be delineated on the plat in accordance with the State requirements as an attempt to
mitigate concerns. (Department of Planning Services)
C. In the event the septic system requires a design capacity of over 2,000 gallons of sewage
per day the applicants shall provide evidence that all requirements of the Water Quality
Control Division (WQCD) of the Colorado Department of Public Health and Environment
(specifically Policies WQSA-6 and WQSA-8) have been satisfied. Evidence of
compliance shall be provided to the Weld County Department of Public Health and
Environment. Alternately, the applicant can provide evidence from the WQCD that they
are not subject to these requirements. Written evidence of such shall be submitted to the
Department of Planning Services. (Department of Public Health and Environment)
D. The applicant shall submit a dust abatement plan, detailing on site dust control measures,
for review and approval, to the Environmental Health Services, Weld County Department
of Public Health & Environment. Written evidence of Department of Public Health and
Environment Approval shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
The applicant shall submit written evidence from the Colorado Division of Water
Resources, demonstrating that the well is appropriately permitted for the commercial use.
Written evidence of such shall be provided to the Department of Planning Services.
(Department of Public Health and Environment)
In the event the facility's water system serves more 25 persons on a daily basis the water
system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-
1). Evidence shall be provided to the Weld County Department of Public Health and
Environment and Department of Planning Services that the system complies with the
Regulations. (Department of Public Health and Environment)
G. The applicant shall submit a noise abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health &
Environment. Written evidence of Department of Public Health and Environment approval
shall be provided to the Department of Planning Services. (Department of Public Health
and Environment)
Resolution AmUSR-1105
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The applicant shall submit a lead management plan to the Department of Public Health
and Environment. It is recommended that the applicant follow suggestions as outlined in
The United States Environmental Protection Agency reference manual Best Management
Practices for Lead at Outdoor Shooting Ranges at
http://www.epa.qov/reqion2/waste/leadshot. Evidence of Department of Public Health and
Environment approval shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
The applicant shall submit a waste handling plan, for approval, to the Environmental
Health Services Division of the Weld County Department of Public Health & Environment.
The plan shall include at a minimum, the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
3) The waste handler and facility where the waste will be disposed (including the
facility name, address, and phone number).
Written evidence of Department of Public Health and Environment approval shall be
provided to the Department of Planning Services. (Department of Public Health and
Environment)
J. The applicant shall attempt to address the requirements of the Colorado Interstate Gas
Company as outlined in their referral dated/received April 27, 2008. Written Evidence of
such shall be provided to the Department of Planning Services. (Colorado Interstate Gas)
K. The applicant shall address the requirements of the Department of Public Works referrals
dated April 20, 2009 and April 23, 2009. Written evidence of such shall be provided to the
Department of Planning Services. (Department of Public Works)
L. A Lighting Plan, including cut sheets of the intended lights, shall be provided to the
Department of Planning Services for review and approval. The lighting plan shall adhere
to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the
Weld County Code and shall adhere to the lighting requirements in accordance with
Section 23-3-360.F and 23-2-250.D of the Weld County Code. Further, the approved
lighting plan shall be indicated on the plat. (Department of Planning Services)
M. 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)
N. The applicant shall enter into on -site (private) road maintenance agreement and post
adequate collateral for on -site improvements. The agreement and form of collateral shall
be submitted for and reviewed by the Departments of Planning Services and Public
Works and accepted by the Board of County Commissioners prior to recording the Use by
Special Review plat. Or the applicant may submit evidence that all work has been
completed and approved by the Departments of Public Works and Planning Services.
(Departments of Public Works and Planning Services)
The applicant shall submit three (3) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. and 2. above 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 Department of Planning Services' Staff. The plat shall
Resolution AmUSR-1105
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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 thirty (30) 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 2005-7 approved June 1, 2005, should the plat
not be recorded within the required sixty (60) days from the date the Use by Special Review
Permit was approved by the Board of County Commissioners a $50.00 recording continuance
charge may be added for each additional 3 month period.
4. The Department of Planning Services respectively requests the surveyor provide a digital copy of
this Amended Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn
(Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo
Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not
acceptable). This digital file may be sent to mapsco.weld.co.us. (Department of Planning
Services)
Prior to release of building permits:
A. A building permit application must be completed and two sets of complete plans including
engineered foundation plans must be issued prior to start of construction. (Department of
Building Inspection)
A letter from the Nunn Fire Protection District shall be provided indicating whether or not a
fire district permit is required. (Department of Building Inspection)
One month prior to construction activities:
A. A stormwater discharge permit may be required for a development/redevelopment
/construction site where a contiguous or non-contiguous land disturbance is greater than
or equal to one acre in area. Contact the Water Quality Control Division of the Colorado
Department of Public Health and the Environment at
www.cdphe.state.co.us/wq/PermitsUnit for more information. (Department of Public
Health and Environment)
7. Prior to issuance of the Certificate of Occupancy for the proposed clubhouse:
A. An individual sewage disposal system is required for the clubhouse and shall be installed
according to the Weld County Individual Sewage Disposal Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal Regulations. (Department of
Public Health and Environment)
8. The Special Review activity shall not occur nor shall any building or electrical permits be issued on
the property until the Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder. (Department of Planning Services)
Motion seconded by Tom Holton.
Resolution AmUSR-1105
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• VOTE:
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For Passage
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Mark Lawley
Nick Berryman
Against Passage Absent
Erich Ehrlich
Roy Spitzer
Paul Branham
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 2, 2009.
Dated the 2nd of June, 2009.
d''uudhr'ea/Whir)
Kristine Ranslem
Secretary
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SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
(Great Guns Sporting, LLC)
Annie & Kelly Berndt
AMUSR-1105
1. The Site Specific Development Plan and Amended Special Use Permit is for an expansion of a
shotgun shooting and sporting club to include rifle and pistol shooting ranges, archery ranges, outdoor
lighting, to move and expand the existing clubhouse (including food service facilities) and add RV
parking and hookups in the A (Agricultural) Zone District, as indicated in the application materials on
file and subject to the Development Standards stated hereon. (Department of Planning Services)
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. Hours of operation shall be from 8 AM to 8 PM Monday through Sunday. (Department of Planning
Services)
4. The facility shall have a maximum of ten (10) employees. (Department of Planning Services)
5. Off-street parking spaces including the access drive shall be surfaced with gravel or the equivalent
and shall be graded to prevent drainage problems. (Department of Public Works)
6. The drainage way bisecting the property has the potential for flash floods. For the safety and
convenience of the over night guests utilizing the RV parking spaces, all RV spaces should be located
at least 120 feet from the centerline of the drainage way. (Department of Public Works)
7. The historical flow patterns and runoff 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. (Department of Public Works)
8. Weld County will not be responsible for the maintenance of drainage related facilities. (Department of
Public Works)
All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act,
30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination. (Department of Public Health and
Environment)
10. 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, 30-20-100.5, C.R.S., as amended. (Weld County Department of
Public Health and Environment)
11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris, and other potential nuisance conditions. (Weld
County Department of Public Health and Environment)
12. The applicant shall operate in accordance with the approved "waste handling plan", at all times.
(Weld County Department of Public Health and Environment)
13. The applicant shall operate in accordance with the approved "lead management plan", at all times.
(Weld County Department of Public Health and Environment)
14. 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. (Weld County
Department of Public Health and Environment)
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Resolution AmUSR-1105
Kelly & Anna Berndt
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15. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone
as delineated in Section 14-9-30 of the Weld County Code. (Weld County Department of Public
Health and Environment)
16. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. (Weld County Department of Public Health and Environment)
17. Any septic system located on the property must comply with all provisions of the Weld County
Code, pertaining to Individual Sewage Disposal Systems. (Weld County Department of Public
Health and Environment)
18. RV units shall have self-contained sewage disposal and shall dispose of sewage at an approved
off -site facility. (Weld County Department of Public Health and Environment)
19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (Weld
County Department of Public Health and Environment)
20. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado
Department of Public Health & Environment, Water Quality Control Division. (Weld County
Department of Public Health and Environment)
21. This application is proposing a well as its source of water. The applicant should be made aware
that while they may be able to obtain a well permit from the Office of the State Engineer, Division
of Water Resources, the quantity of water available for usage may be limited to specific uses.
Also, the applicant should be made aware that groundwater may not meet all drinking water
standards as defined by the Colorado Department of Public Health and Environment. We strongly
encourage the applicant to test their drinking water prior to consumption and periodically test it
• over time. (Weld County Department of Public Health and Environment)
22. The operation shall comply with Colorado Retail Food Establishment Rules and Regulations
governing the regulation of food service establishments. (Weld County Department of Public
Health and Environment)
23. All activities at this site shall comply with the rules and regulations of the National Skeet Shooting
Association, the American Trap Association, and the Colorado Division of Wildlife. (Weld County
Department of Public Health and Environment)
24. The site shall use only commercially manufactured targets produced for the purpose of
recreational shooting. The targets used shall be considered non-toxic. (Weld County Department
of Public Health and Environment)
25. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Weld County Department of Public Health and Environment)
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. (Department of Public Works)
27. A locked gate at the main entrance to the site shall be maintained during off hours.
28. No shooting shall occur in the direction of County Road 96 unless there is an adequate, safe and
clear zone set up for shooting.
4. 29. A commercial parks license shall be obtained from the Colorado Division of Wildlife. The site shall
be maintained in compliance with all Colorado Division of Wildlife requirements.
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30. 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 23-4-370 B.2, 23-4-370 C.2 through C.6 and 23-4-370
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 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.
31. 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%).
32. 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.
33. 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.
34. Shooting shall be supervised by a range officer or instructor qualified by the National Rifle
Association, military service or other similar training.
• 35. In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage
building, clubhouse and lavatories shall be provided.
36. A danger zone of one hundred (100) yards by three hundred (300) yards shall be provided for trap
fields.
37. A danger zone of three hundred (300) yards by six hundred (600) yards shall be provided for skeet
fields.
38. Trap and skeet fields may be combined (traps layout superimposed on skeet field) where a danger
zone of three hundred (300) yards by six hundred (600) yards shall be required.
39. The trap field layout shall meet the requirements of the American Trap Association.
40. The skeet field layout shall meet the requirements of the National Skeet Shooting Association.
41. "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.
42. Firing points shall be four (4) to five (5) feet apart for shooting distances up to two hundred (200)
yards.
43. 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
Resolution AmUSR-1105
Kelly & Anna Berndt
Page 10
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.
44. Sources of light, including light from high -temperature processes such as combustion or welding,
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; and
Neither direct nor reflected light from any light source may create a traffic hazard to operators of
motor vehicles on Public or private Streets and no colored lights may be used which may be
confused with or construed as traffic control devices. (Department of Planning Services)
45. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
46. Effective August 1, 2005, Building Permits issued on the proposed lots will be required to adhere to
the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
47. Prior to the start of any construction, alterations, or change of occupancy a building permit application
must be completed and two complete sets of plans including engineered foundation plans bearing the
wet stamp of a Colorado registered architect or engineer must be submitted for review. A
geotechnical engineering report performed by a registered State of Colorado engineer shall be
required. (Department of Building Inspection)
48. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
49. A letter from the Nunn Fire Protection District shall be provided indicating whether or not a fire
district permit is required. (Department of Building Inspection)
50. The landscaping on site shall be maintained in accordance with the approved Landscape & Screening
Plan. (Department of Planning Services)
51. The property owner acknowledges that mineral owners and lessees have real property interests that
entitle them to surface use in accordance with Colorado State Statutes and applicable Colorado oil
and Gas Conservation Commission regulations. (Department of Planning Services)
52. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
53. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
54. Personnel from Weld County Government 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
Development Standards stated herein and all applicable Weld County regulations.
55. The 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.
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56. 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.
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LEGAL DESCRIPTION
LOCATION:
the A (Agricultural) Zone District.
Part NW4SW4 of Section 23, T5N, R66W of the 6th P.M., Weld County,
Colorado.
East of and adjacent to CR 35 and approximately 1/2 mile south of State Hwy
34.
Chris Gathman, Planning Services, commented that staff just received a letter from the applicant's
consultant requesting a continuance as they are exploring annexation into the City of Evans. Staff is
recommending that this case be continued to the August 4, 2009 meeting to allow them sufficient time to
discuss that issue and come to some arrangement.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Robert Grand moved that Case USR-1691 be continued to the August 4, 2009 Planning Commission meeting,
seconded by Nick Berryman. Motion carried unanimously.
The Chair read the first case on the consent agenda into record.
CASE NUMBER: AmUSR-954
APPLICANT: Colorado Engineering Experiment Station, Inc
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Permit and an Amended Use by Special Review
Permit for an expansion of a Non -Conforming Use (flow metering facility) in
the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part of the SE4 of Section 36, T10N, R66W of the 6th P.M., Weld County,
Colorado.
LOCATION: Approximately 1 mile north of CR 108 and west of and adjacent to CR 37.
Kim Ogle, Planning Services, stated that the applicant wished for this case to remain on consent and
added that the applicant has agreed to these terms.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
The Chair asked the Planning Commissioners if they wish to hear this case. No one wished to speak.
CASE NUMBER: AmUSR-1105
APPLICANT: Kelly & Anna Berndt
PLANNER: Chris Gathman
REQUEST: A Site Specific Development Plan and Amended Use by Special Review
Permit for the expansion of a shotgun shooting and sporting club to include
rifle and pistol shooting ranges, archery ranges, and outdoor lighting; to move
and expand the existing clubhouse (including food service facilities); and add
RV parking and hookups, in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Lot D of RE -4466, located in the NW4 of Section 11, TBN, R66W and the W2
NE4 of Section 11, TBN, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: South of and adjacent to CR 96 and approximately 650 feet east of CR 33.
The Chair asked Mr. Gathman if he wishes for this case to remain on consent. Chris Gathman, Planning
Services, stated that they wish for this case to remain on consent. He commented that there is a
representative from Anadarko here who may wish to make a statement. He said that staff has received
letters from Anadarko and added that there is a condition of approval requiring an oil and gas agreement
prior to recording the plat.
The Chair asked the applicant if they wish for this case to remain on consent. The applicant replied yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
David Bell, Anadarko Petroleum Corporation, stated that he is attending the hearing on behalf of Anadarko
Land Corp and Anadarko ENP Company with respect to the application for the amendment to the use. Mr.
Bell commented that the Anadarko entities own all minerals that underline the property. They have submitted
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an objection letter to the County dated May 26, 2009 entitled "Notice of Oil and Gas Interests Owned by
Anadarko Land Corp and Anadarko ENP Company LP An Objection". He stated that they would like to make
the objection letter a part of the record in these proceedings.
Anadarko entities also sent a letter dated May 26, 2009 to Chris Gathman in which they waived not having
receiving timely notice of this hearing. He noted that Anadarko Land Corp is not objecting to the application
because of hard rock minerals interests that it owns for the property. The objection is limited to the oil and gas
interests that the Anadarko entities own for the property. The oil and gas interests are subject to an
exploration agreement between Anadarko and Rubicon Oil and Gas LP pursuant to which Rubicon has a right
to drill oil and gas wells on the property and earn an oil and gas lease. The Colorado Oil and Gas Commission
rules and regulations provide for four (4) drilling windows in a quarter section where the property is located.
Anadarko regularly works with developers to reach agreements for the compatible development of the surface
estate and oil and gas estate. Mr. Bell stated that they have already begun discussions with the Berndt's on
this property and feel very comfortable that they will reach an agreement with them.
Anadarko feels that to reach an agreement they understand that the Berndt's will stipulate on the record to an
agreement with Anadarko as a condition to the approval of the application.
Mr. Bell requested that the County include as a condition for the approval of the application that the applicants
and the Anadarko entities reach an agreement for the compatible development of the surface estate and the
oil and gas estate. He reiterated that they all feel comfortable that they can get this worked out with no
problems.
Seeing no further public testimony, the Chair closed the public portion
Commissioner Ochsner clarified with Mr. Gathman that the stipulation is included in the condition of approval.
Mr. Gathman replied that the standard language is included in the resolution.
The Chair asked the Planning Commissioners if they wish to have this case pulled from the consent agenda.
No one wished to speak.
The Chair read the following case into record.
CASE NUMBER: 2ND AMUSR-897
APPLICANT: Aggregate Industries WCR Inc (Riverview Resource)
PLANNER: Kim Ogle
REQUEST: 2nd AmUSR-897- A Site Specific Development Plan and Second Amended
Use by Special Review Permit for Mineral Resource Development, including
Open Pit Mining and Materials Processing, including Concrete and Asphalt
Recycling, and a Concrete and Asphalt Batch Plant facility in the A
(Agricultural) Zone District.
LEGAL DESCRIPTION: The W2SW4 and Part of Lot A of RE -247 being part of the E2SW4 Section
29, T6N, R66W. All that part of the N2 and the N2S2; A portion of the
E2NE4 of Section 32, T6N, R66W together with a parcel in the SW4 NW4 of
Section 33, T6N, R66W also known as Lot B, RE -1539; together with a
parcel in NW4 SW4; and Lots A and B of RE -9Th being the NW4NW4 of
Section 33, T6N, R66W; part of the NE4 of Section 32, T6N, R66W; and a
parcel of land in the SE4 NE4 of Section 32, T6N, R66W all in of the 6th
P.M., Weld County, Colorado.
LOCATION: North and south of CR 64, East of CR 27; South of the Union Pacific
Railroad.
Kim Ogle, Planning Services, stated that they wish for this case to remain on consent. He added that staff
has received two (2) letters from surrounding property owners and feels that they have been addressed
through the conditions of approval and development standards.
The Chair asked if the applicant wishes for this case to remain on the consent agenda. The applicant
indicated yes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
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Kim Davis, 30856 Rocky Road. Ms. Davis commented that she resides in the Orr Minor Subdivision. The
research that she did online indicates that they may be mining right up to her property lines on the east side of
the subdivision. She added that if that is the intent, there is an agreement with this company that says they will
not do that and it is on file with the County and State.
Dave Goetzel, 13451 CR 64, Greeley, CO. Mr. Goetzel commented that his property is surrounded by the
mining operation. It currently is being mined on the other side of County Road 64 and will completely surround
his property. This is an agricultural area and the noise, dust, etc. will make it impossible to have any kind of
livestock. He added that it will drastically reduce the price of the property and the heritage of what it is. He
commented that he is opposed to this application.
Ray Sears, 13644 CR 64. Mr. Sears commented that he sent a letter on Friday. He wished to make a
correction to the second paragraph in which it states that the east and south property line border the gravel
pits being presently mined. He stated that it should have read the west property line.
Mr. Sears wished to reiterate the points in his letter. Their greatest concerns are the redirection of surface and
underground water that has taken place as a result of disruption to underground drain tiles that naturally drain
water through his property. That water fed some ponds that he has on his site as well as the site next to him.
Ultimately it dumps out into the Poudre River but historically they did have this drain tile connected.
Mr. Sears commented that Aggregate has provided them with an underground water pipe which supplies
water to those ponds right now; however if there is a disruption in the pumping then his water levels go down.
He added that they have fish in that pond and it would put them in jeopardy.
The berms that surround the gravel mining are a bit of an eye sore. The last three years it has been a real
cause of blowing sand and dirt. The berm line that is on the west part of his driveway provides a really nice
wind tunnel that funnels tumble weeds down into their property.
In Aggregates defense, Mr. Sears commented that they did some hydro seeding on those berms yesterday.
He added that unfortunately it implicates that those berms were there for a while and will continue to be there.
He commented that in talking with an Aggregate representative today it was confirmed that until business
picks up there won't be the necessary reclaiming of knocking that berm down.
The biggest devastation to his property has been the loss of trees that surround his property. He pointed out
that the cause of the destruction of these trees is obviously the lowering of the water table significantly.
The Chair interrupted Mr. Sears and asked if there were any Planning Commissioners who wished to have this
case pulled from the consent agenda to be heard. Robert Grand and Nick Berryman stated that they would
like to hear this case. The Chair commented that they will hear this case after Item B on the Hearing Agenda.
Robert Grand moved to approve the amended Consent Agenda including AmUSR-954 and AmUSR-1105 and
that they be forwarded to the Board of County Commissioners along with the Conditions of Approval and
Development Standards with the Planning Commission's recommendation of approval, seconded by Tom
Holton. Motion carried unanimously.
The Chair read the following case into record.
CASE NUMBER: USR-1684
APPLICANT: Zapien Brothers Concrete
PLANNER: Kim Ogle
REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a
Use by Right, an Accessory Use, or a Use by Special Review in the
Commercial or Industrial Zone District (Parking and Storage for a Concrete
Company) in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Part NE4 Section 25, Ti N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: East of and adjacent to Grace Av, North and South of Frederick Street;
Townsite of Wattenberg
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