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HomeMy WebLinkAbout20091454.tiffaro N.4 V Applicant INVENTORY OF ITEMS FOR CONSIDERATION Berndt Case Number AMUSR-1105 Submitted or Prepared --- ___- Prior to Hearing At Hearing 1 Staff Comments X Department of Planning Services Field Check Form X Letter to Applicant X Legal Notifications X 2 Application X Maps X Deed/ Easement Certificate X Surrounding Property / Mineral Owners X Utilities 3 Referral List X Referrals without comment X Sheriffs Office referral received 4/13/2009 X Town of Nunn referral received 4/28/2009 X Town of Pierce referral received 5/4/2009 X Colorado Division of Wildlife referral received 4/17/2009 X 4 Referrals with comments X Weld County Department of Public Works (Donald Carroll) referral received 4/27/2009 X Weld County Department of Public Works (Clay Kimmi) referral received 4/20/2009 Weld County Department of Public Health and Environment referral received 5/8/2009 (4 pages) X Weld County Zoning Compliance Officer referral received 4/1/2009 X Weld County Department of Building Inspection referral received 4/1/2009 X Colorado Division of Water Resources letter received 5/19/2009 X West Greeley Soil Conservation District referral received 4/8/2009 (4 pages) X Colorado Interstate Gas Company referral received 4/27/2009 (3 pages) X 5 Surrounding Property Owners/Mineral Owners - Letters 6 PC Exhibits 6.A Letter from Greg & Patty Reeves received 4/13/2009 X 6.B Letter from Molly Sommerville Buchanan P.C. dated 5/26/2009 (2 pages) X 6.C Letter from Molly Sommerville Buchanan P.C. (Notice of oil & gas interests owned by Anardarko Land Corp. and Anadarko E&P Company LP) dated 5/26/2009 (3 pages) X IBIT 2009-1454 6.D Letter from Molly Sommerville Buchanan P.C. dated 5/26/2009 (pi i .ai wo,igt, ) / X 8 f'ieperty Qwnc[!A�' i n Notifi atinr+ c- X I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. • • Chris Gathman ' Planner #46fri COLORADO LAND USE APPLICATION SUMMARY SHEET Case Number: AMUSR-1105 Hearing Date: June 2, 2009 Applicant: Annie & Kelly Berndt (Great Guns Sporting, LLC) Address: 16058 County Road 96, Nunn, CO. 80648 Request: A Site Specific Development Plan and an Amended Use by Special Review Permit for 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 Legal Description: Lot D of RE -4466; located in the NW4 of Section 11, Township 8 North, Range 66 West and the W2NE4 of Section 11, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to County Road 96 and approximately 650 feet east of County Road 33 Size of Parcel: +/- 208 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral received 4/1/2009 • Weld County Department of Public Health and Environment, referral received 5/8/2009 • Weld County Department of Public Works, referral received 4/27/2009 • Weld County Department of Public Works, Drainage referral received 4/20/2009 • Weld County Department of Building Inspection, referral received 4/1/2009 • Weld County Sheriffs Office, referral received 4/13/2009 • Town of Pierce, referral received 5/4/2009 • Town of Nunn, referral received 4/28/2009 • Colorado Interstate Gas Company, referral received 4/27/2009 • Colorado Division of Wildlife, referral received 4/17/2009 • Division of Water Resources, referral received 5/19/2009 • West Greeley Soil Conservation District, referral received 4/8/2009 AMUSR-I 105 -Berndt I EXHIBIT I1 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW COLORADO r Planner: Chris Gathman Case Number: AMUSR-1105 Hearing Date: June 2, 2009 Applicant: Annie & Kelly Berndt (Great Guns Sporting, LLC) Address: 16058 County Road 96, Nunn, CO. 80648 Request: A Site Specific Development Plan and a Amended Use by Special Review Permit for 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 Legal Description: Lot D of RE -4466; located in the NW4 of Section 11, Township 8 North, Range 66 West and the W2NE4 of Section 11, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado Location: South of and adjacent to CR 96 and approximately 650 feet east of CR 33 Parcel Size: +/- 208 acres Parcel Number: 0553 11 200015 & 0553 11 100017 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 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 AMUSR-I 105 -Berndt 2 a r 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. a. 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 AMUSR-I 105 — Berndt 3 S • applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: Prior to recording the plat: 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) 4. 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) 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) AMUSR-I 105 -Berndt 4 a •• 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) E. 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) F. 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) H. 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.gov/region2/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: AMUSR-1105 — Berndt 5 • • 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) M. 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) N. 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) O. 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) P. 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) 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 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) 4. 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 AMUSR-1 105 -Berndt 6 i Permit was approved by the Board of County Commissioners a $50.00 recording continuance charge may be added for each additional 3 month period. 5. 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) 6. 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) B. 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) 8. 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) 9. 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) AMUSR-1 l05 — Berndt 7 • 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) 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. 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) 9. 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) AMUSR-I 105 -Berndt 8 • 4ii 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) 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) AMUSR-1105 — Berndt 9 • 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. 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. 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. AMUSR-1 105 -Bemdt 10 • • 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 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 AMUSR-I 105 — Berndt 11 • S. 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. 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. AMUSR-I 105 -Berndt 12 • 6t*: 1111111e COLORADO • • May 7, 2009 Kelly & Annie Berndt 16058 CR 96 Nunn CO 80648 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Subject: AmUSR-1105- 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 on a parcel of land described as Lot D of RE -4466, located in the NW4 of Section 11, T8N, R66W and the W2 NE4 of Section 11, TBN, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on June 2, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 101h Street, Greeley, Colorado. A subsequent hearing will be held on June 24, 2009 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 10'" Street, First Floor, 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 packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, [/ �Gy1 L✓vvv� Chris Gathman Planner • • . #‘&ttr Mks • • March 31, 2009 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10T" Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 Kelly & Annie Berndt 16058 CR 96 Nunn CO 80648 Subject: AmUSR-1105- Request for a Site Specific Development Plan and Amended Use by Special Review Permit for 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 on a parcel of land described as Lot D of RE -4466, located in the NW4 of Section 11, T8N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property 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 Nunn and Pierce Planning Commission for their review and comments. Please call Nunn at 970-897-2385 and Pierce at 970-834-2851 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Nunn and Pierce Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, ) / _N1f,,, jAeritit Chris Gathman Planner S S. PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS May 23, 2008. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR AMUSR-1105 IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO COUNTY OF WELD ) ss. CHRIS GATHMAN Name of Person Posting Sign Ai° A4-tw—. Signature of Person Posting Sign The foregoing instrument was subscribed and sw WITNESS my hand and official seal. Notary Public My Commission Expires: this �Np1.IN(p S $OT.443` day of111/1 C� 2009. a 73 0 U i = 45 U U - ° a) c c +' c }. c a^)` ctsa� w ,, cn OM .(?OToC CL IT . 0. o co racz-E) a: M ca r O O ar/ wl VA C co O a a Q t rep CV itc *tDo LO U a) U a Q .i Ftft 0 4 7 Q I rna o c 4. S U a Ea) en a) O _ c 1 'UI zie -9Oad Da0 00 Q = rn F- r • re Z• � Ux W � rn 0 Qo w4 J a n Z 0 r Q� ECC o'2 u. CC W< CC PAO • ce • o U I a f o1 do t a 0 czc— o1 N Nt W C O C U a a. Q tsk- 4 at Q(4-1 Z m Z O w a) � o Q o W co a z �'? O Q O) �L Q CL O '2. zZ Inc; x ce L .••••••..• • .t•••••r.v Ire .4 Mire .d . .........0...MEM,.ienr••• •••••••.% ..:Mira. ..Mi.if .a s\7_awns\ !a, 7A\rr\�'i1 ��, mans �\r!,\� st, �i• �.o.��c4 �..a. � a.w-t S.- • —.a .o r 1 1 f O 1 • 7 •. - it • 4_r 'a 1c , • r {`1 • • a` �f a • I • • • HELD CHECK inspection dates: 5/22/2009 & 5/25/2009 APPLICANT: REQUEST: LEGAL: LOCATION: PARCEL ID Kelly & Anna Berndt CASE #: AMUSR-1105 A Site Specific Development Plan and a Special Review Permit for a and an Amended Use by Special Review Permit for 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 Lot D of RE -4466; located in the NW4 of Section 11, Township 8 North, Range 66 West and the W2NE4 of Section 11, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado South of and adjacent to County Road 96 and approximately 650 feet east of County Road 33 #: 0553 11 200015 & 0553 11 100017 ACRES: +/- 208 Acres Zoning Land Use N A N Vacant land (residence approx. 1/2 mile north) E A E Vacant Land S A S Vacant land — single family residence approx. Y mile to southwest W A W Existing single-family residence owned by the applicants immediately adjacent to the site and 2 residences approximately 600-1,000 feet west and northwest of the site COMMENTS: Existing gun range facility on western half of site. Existing trees planted along County Road 96 adjacent to the facility. Chris Gathman - Planner III a • • • (44 a WEYY�. • • DEPARTMENT OF PLANNING SERVICES Greeley Planning Office 918 Tenth Street Greeley, Colorado 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman@co.weld.co.us PHONE (970) 353-6100, EXT. 3537 FAX (970) 304-6498 January 26, 2009 Subject: Pre -Submittal Review for an Amended Use by Special Review Permit 1105 to expand the USR boundaries, to add rifle/pistol ranges, to add archery facilities, and to move the clubhouse. Annie & Kellie Berndt 16058 County Road 96 Nunn, CO. 80648 Dear Mss: The Departments of Public Health and Environment, Public Works and Planning are in receipt of the pre - application packets received January 14, 2009. Departmental staff has completed their review and offer the following comments: Environmental Health The following information shall be provided/addressed per the Weld County Department of Health — Environmental Health Division: 1). A commercial well permit is required. Please contact the Colorado Division of Resources re: well permit prior to submittal of the application. Colorado Division of Water Resources contact information: Division of Water Resources 1313 Sherman St Rm 818 Denver CO 80203 (303) 866-3581 Division of Water Resources 810 Ninth St 2nd Floor Greeley CO 80631 (970) 352-8712 2). Clarify that the new clubhouse will install a new septic system. 3). Clarify whether all Recreational Vehicles will be self-contained or if there will be an onsite sewage dump/tank provided for the Recreational Vehicles. .a ..i • • • • • Planning The following information shall be provided/addressed per the Department of Planning Services: 1). Please provide the following information/clarifications in the application questionnaire: • Question 5.a — Provide an estimated # of visitors provided the expansion of the facility (Try to define a maximum # of visitors to be best of your ability). • Question 5.c — Give a range on hours of operation (AM to PM, days of the week...). You should also clarify if/how hours of operation will vary by season (Summer Hours vs. Winter Hours...). 2). Please provide 20 copies of the 24" x 36" USR map when you submit the complete application packets. 3). Section 23-2-210 of the Weld County Code states: "Give notice of the application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration." The surrounding property owner notice is based on the boundaries of the property upon which the Special Review Permit (USR) has been proposed not the proposed USR boundary. Property owners within 500 - feet of the property boundaries shall be included in the surrounding property owner list. 4). The attached site map indicates a 50 -foot Colorado Interstate Gas Pipeline. The berming feature appears to cross this pipeline. Have you had any discussion with Colorado Interstate Gas regarding the proposal? Please include any documentation if you have discussed this with Colorado Interstate Gas. Public Works 1). Site Plan Review: Please use a 24" x 36" drawing for the USR map. List on the map the internal roadway surface treatment. Show the access of CR-96 in detail with dimensions and minimum of 40' radius. 2). Preliminary Drainage Report: The Weld County Public works has waived the drainage report requirement but, a water quality capture volume calculation is required see Urban Drainage and Flood Control District; Volume III; section 4.4.2 for the calculation procedure. The web site address is as follows http://www.udfcd.orq. A drainage discussion was submitted. I have attached a copy of the Public Works referral with this letter. Feel free to contact me if you have any questions re: this letter. Sincerely, Chris Gathman Planner III ec: L. Light, Environmental Health D. Dunker, Public Works File: Pre -Application Kelly & Annie Berndt Hello