HomeMy WebLinkAbout20091465.tiffHEARING CERTIFICATION
DOCKET NO. 2009-35
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1105 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 - KELLY AND ANNA BERNDT
A public hearing was conducted on June 24, 2009, at 10:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer - EXCUSED
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Chris Gathman
Health Department representative, Lauren Light
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated May 8, 2009, and duly published May 15, 2009,
in the Greeley Tribune, a public hearing was conducted to consider the request of Kelly and
Anna Berndt, for a Site Specific Development Plan and Amended Use by Special Review
Permit #1105 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. Bruce Barker, County Attorney, made this a matter of record.
Chair Garcia advised the applicants, Kelly and Annie Berndt, that they have the option of
continuing the matter to a date when the full board will be present. However, if they decide to
proceed today, the matter will require three affirmative votes, or in the case of a tie vote,
Commissioner Kirkmeyer will review the record and make the determining vote. Mr. Berndt
indicated he would like to proceed today.
Chris Gathman, Department of Planning Services, presented a brief summary of the proposal
and entered the favorable recommendation of the Planning Commission into the record as
written. He stated Use by Special Review (USR) Permit #1105 was originally approved by the
Board in the year 1996, and the proposed boundaries for the amended permit expand to include
the west -half of the northeast quarter of Section 11. He stated the proposed amendment also
requests RV parking and electrical hook-ups for occasional shooting events to take place at the
site, and the number of shooters at the facility are proposed to increase from 100 to 200
shooters per week. He confirmed the site is located within a rural area, and the nearest
surrounding properties are approximately 600 to 1,000 feet west of the boundaries of the current
(? '. ,1'L /CJ. /L
2009-1465
1, % 7/C7
/ PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 2
permit. He further confirmed the nearest residence is owned by the applicant, and the other two
residences were constructed after the original USR permit was approved. Mr. Gathman stated
the proposed rifle and pistol ranges, and the RV parking area, will be located on the eastern
portion of the site, the furthest from the surrounding residences, and the applicant will be
required to submit a Lighting Plan and a Landscape Plan, to address compatibility issues.
Further, the applicant will be required to adhere to the noise levels allowed within the Industrial
Zone District, which is a requirement of the current USR permit. He stated eleven referral
agencies reviewed the application materials, and the comments provided by the agencies have
been addressed through the Conditions of Approval and Development Standards. He further
stated the facility will utilize a commercial well, and one letter of support was provided by a
surrounding property owner, which indicated the availability of the facility will reduce potential for
trespassing and illegal use of property for shooting activities. He clarified one surrounding
property owner, over one-half mile north of the site, mentioned concerns during a telephone call,
regarding increased traffic and the hours of operation; however, the applicant has since
corresponded with the property owner, and the property owner now indicates he has no
outstanding concerns.
Mr. Gathman indicated Development Standards #30 through #43 require the applicant to design
and operate the facility according to the standards outlined within Section 23-4-370, of the Weld
County Code. More specifically, Development Standard #30 requires that the safety and design
of the range be reviewed every ten years to account for changes to the character of the
surrounding area. He stated the applicant must meet the minimum requirements of the National
Rifle Association, relating to shooting ranges, and he displayed photographs of the site and
surrounding area. In response to Commissioner Rademacher, Mr. Gathman confirmed the site
is approximately 200 acres in size, and the closest residence located within Section 2 is
approximately one-half mile from the site. Responding to Commissioner Conway, Mr. Gathman
indicated the applicant previously completed the Recorded Exemption process, and the parcel
which contains the applicant's residence is not a part of the USR boundary, therefore, one of the
surrounding property owners did not receive notification, since the parcel is more than 500 feet
away. He confirmed staff did post signs along County Road 33, as a courtesy to property
owners within the area.
Commissioner Long expressed his concerns regarding the minutes of the Planning Commission
meeting indicating that one of the Planning Commissioners desired for the applicant to be
required to enter into an agreement with the oil and gas company; however, he is pleased that
Condition of Approval #1.B indicates the applicant is allowed to provide evidence of an
adequate attempt to reach an agreement. He indicated the language is appropriate, and in
response, Mr. Gathman confirmed the applicant has been meeting with representatives of
Anadarko to draft an agreement, and the applicant has also met with several surrounding
property owners. Chair Garcia expressed his concerns regarding the language contained within
Development Standard #3, which limits the hours of operation. He indicated it is anticipated that
RV's will be parked on the site during overnight hours, and the application mentions the
possibility of food service on the site, therefore, the hours of operation need to be clarified. In
response to Chair Garcia, Mr. Gathman confirmed the hours of operation, as listed, are for the
shooting activities on the site, and the RV overnight camping will not be limited to the listed
hours. He further indicated he believes the applicant is intending to only provide a snack bar
during daylight hours, and the applicant may provide clarification regarding the intention of food
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 3
service. Responding to Commissioner Rademacher, Mr. Gathman stated several Recorded
Exemptions have been approved within the surrounding area, and the two southernmost lots
indicated on the map provided have not yet been developed.
Don Carroll, Department of Public Works, stated County Roads 96 and 33 are both local gravel
roads, with traffic counts of less than 50 vehicles per day, which is consistent throughout the
surrounding area. He confirmed the traffic counts are not recorded on weekends, therefore, it is
possible that the patrons of the facility create larger traffic counts on weekends. He indicated
the internal roads are surfaced with an adequate amount of gravel, and the applicant will be
required to provide adequate parking spaces for the new clubhouse, which shall be depicted on
the plat. He further indicated the RV parking spaces are currently depicted within a drainage
area on the site, which has created some concerns for staff, therefore, no RV parking will be
allowed within 120 feet of the drainage area. He stated the Site Plan indicates an Archery
Range, which is not depicted on the plat, therefore, the applicant will be required to amend the
plat. Mr. Carroll stated the applicant has indicated approximately 100 shooters per week come
to the facility, and the expansion of the facility is expected to increase the amount of shooters to
200 per week; however, it has been noted that many of the shooters carpool to the site. He
stated less than five delivery trucks will travel to the site, on a monthly basis, and it is expected
that five to ten RV's will camp on the site, on a weekly basis. Responding to Chair Garcia, Mr.
Carroll confirmed staff's concerns have been addressed through the Conditions or Approval and
Development Standards. In response to Commissioner Rademacher, Mr. Carroll indicated
County Road 96 is approximately 1,700 feet north of the designated shooting areas, and he
confirmed the direction of the shooting is north.
Lauren Light, Department of Public Health and Environment, stated water to the site is provided
from a commercial well, and if more than 25 people will utilize the system for drinking water on a
daily basis, the applicant must comply with State regulations, as referenced within Condition of
Approval #1.F. She confirmed an existing septic system servicing the clubhouse is sized for
use by 120 people, and the applicants have indicated they will install a new septic system within
the new clubhouse, and Condition of Approval #1.C references the necessary requirements.
She stated the applicants will be required to adhere to all food service regulations, which may
include obtaining a food service license, the RV's on the site must be self-contained for sewage,
and dumping of the sewage will not be allowed on the site. She further stated the applicant is
required to submit Dust Abatement, Noise, Lead Management, and Waste Handling Plans, and
the Environmental Protection Agency (EPA) has a great informational pamphlet regarding the
Lead Management Plan.
Mr. Berndt indicated the placement of the current USR boundary on the map provided, and he
stated only shotguns are currently utilized at the facility. He indicated he would like to expand
the facility to include rifle and pistol shooting sports, as well as archery. He further indicated the
clubhouse is currently a small trailer, and the business has grown within the past few years,
therefore, it is necessary to build larger facilities. He confirmed a new clubhouse will be
constructed, in a more central location, and RV parking will be provided for shooters wishing to
stay overnight at the site. He indicated the closest hotel is over 20 miles away, and only
electrical hookups will be provided for the RV's; there will be no sewage treatment on the site.
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 4
In response to Commissioner Rademacher, Mr. Berndt indicated a Colorado Interstate Gas
(CIG) pipeline is located underneath the site, and they have requested that no permanent
improvements be constructed on top of the pipeline, including berms. He further indicated
berms will be required on the site, to stop bullets, and there was some confusion regarding the
placement of the berms on the plat; however, clarification will be provided. Commissioner
Rademacher indicated Development Standard #4 limits the number of employees on the site to
ten (10), and if it is possible that more employees will be necessary in the near future, due to
expansion, the applicant may request an increase in the number. Mr. Berndt indicated he
currently has four employees, and Ms. Berndt indicated it may be more efficient to be allowed to
employ up to fifteen (15) people. Responding to Commissioner Rademacher, Ms. Light
confirmed the septic system will be required to be designed by an engineer, since it is a
commercial facility, and during the design phase of the system, it will be determined which State
regulations will apply. She confirmed an increase in the number of employees will not be
significant, compared to the number of shooters expected to come to the site on a daily basis.
In response to Commissioner Conway, Ms. Light clarified if more than 25 people utilize drinking
water from the site, or more than 20 people utilize the septic system on a daily basis, the State
regulations must be adhered to. Mr. Berndt requested that Development Standard #4 be
amended to allow a maximum of twenty (20) employees. Responding to Chair Garcia,
Mr. Berndt indicated the placement of the RV parking areas outside of the drainage area makes
good sense, and most likely the parking area will be placed within a large flat area which will be
centrally located near the new clubhouse.
Commissioner Rademacher stated Development Standard #24 requires the use of commercially
manufactured targets, and he questioned why shooters will not be allowed to utilize homemade
targets, such as tin cans. In response, Ms. Light indicated the targets must be non-toxic, and
the requirement was included within the original USR permit. Commissioner Conway requested
the deletion of the first sentence of Development Standard #24, to state, "The targets used shall
be considered non-toxic." Further responding to Commissioner Rademacher, Mr. Berndt
confirmed the shooting is within the direction of County Road 96, and the current regulations for
the facility require a 300 -foot buffer. He confirmed the berms are 30 -feet tall, as required by the
National Rifle Association (NRA). In response to Commissioner Conway, Mr. Gathman
indicated Development Standard #27, concerning the requirement for a locked gate, was
included within the original USR permit. Mr. Berndt clarified the access is currently chained and
locked overnight. Responding to Commissioner Long, Mr. Berndt indicated he is working out
the details of a Surface Use Agreement with Anadarko, and he confirmed the drill envelopes will
be indicated on the plat. He indicated there has no drilling activity within the area for the past
fifteen years; however, he understands drilling activities may commence in the near future. He
further indicated the main components of the agreement have been finalized; however,
agreement still needs to be made regarding the placement of the well heads. Chair Garcia
expressed his concerns regarding the access being locked overnight if people will be staying on
the site in RV's. Mr. Berndt indicated he had not thought of that, and he requested that the
requirement be deleted. Mr. Gathman indicated he does not have concerns with the deletion of
Development Standard #27. Responding to Commissioner Rademacher, Mr. Gathman
indicated the applicant has already installed trees along the northern boundary of the property,
to help mitigate noise, and the perimeter fence will be extended. Mr. Berndt clarified trees have
also been planted along the western boundary of the property, and Commissioner Rademacher
indicated the existing landscaping on the site appears to be sufficient.
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 5
Ms. Berndt indicated Development Standards #23 and #39 both make references to the
"American Trap Association"; however, the reference should really be the "Amateur Trap
Association." She further indicated Development Standard #31 requires the line of fire to be as
near as horizontal as possible, which is fine for pistol shooting; however, it is not appropriate for
shotguns, therefore, she would like to the language to be modified to provide clarification.
Commissioner Long indicated the line of fire should be within the safety zone, and no other
description is necessary. Ms. Berndt clarified the Weld County Code does indicate that pistol
shooting must be done within a specific range of degrees from horizontal; however, she is
unsure of the exact Section reference.
Tim Brough, Weld County resident, clarified in past years, clay targets had a high concentration
of lead, which is why the regulation was generated regarding the toxicity of the targets.
Mr. Brough indicated he owns a pistol and rifle shooting range, approximately ten miles east of
this facility, and when he obtained his permit several years ago, he was required to follow the
NRA guidelines for safety zones. He clarified he was required to purchase additional land, at a
significant cost, in order to meet the minimum buffer requirements. He further clarified the NRA
requires 5,500 of distance from the firing line for high-powered rifles; however, this facility only
contains 1,700 feet between the firing line and the nearest County Road. He confirmed
handguns, small rifles, or high-powered rifles cannot be accommodated at this site, at that
distance; however, air guns, archery, and muzzle loaders can be accommodated. He clarified
the shooters aim directly at County Road 96, and he understands there are berms between the
shooting line and the road; however, the regulation of 5,500 feet comes directly from the NRA
Range Safety Manual. He clarified his copy of the manual is several years old; however, he
doubts that the distances have been modified within the past few years.
In response to Chair Garcia, Mr. Brough indicated skeet and trap association regulations have
been adhered to by the applicant within the existing ranges, and the 300 yard safety zone is
adequate, which is industry standard. He clarified Condition of Approval #1.M requires the
applicant to provide written evidence of compliance with the NRA minimum standards, and the
Amateur Trap Association and the National Skeet Shooting Association do not deal with the
requirements for rifles and pistols. Further responding to Chair Garcia, Mr. Brough stated the
Colorado Divison of Wildlife only deals with regulations regarding hunting sports, and adhere to
the guidelines required by the NRA. In response to Commissioner Conway, Mr. Brough
confirmed he does not believe the applicant's facility meets the required minimum standards of
the NRA, therefore, the applicant does not comply with Condition of Approval #1.M. He clarified
the NRA standard for handguns and rifles is a minimum of 3,000 feet of clearance from the
shooting line for shots which may go over, or bounce off of, the berm behind the target. He
further clarified rifles create a large impact on the berm, and the projectile is able to travel over
the top of the berm, therefore, the NRA requires a minimum of 5,500 feet of clearance for
high-powered rifles. He reiterated the applicant does not have the necessary physical space to
comply with the safety zones required by the NRA.
Andew Voelker, Andadarko E and P Company, LP, indicated Anadarko owns all the minerals
underneath the applicant's property, and the company did submit an objection letter, which is
included as a part of the file. He clarified the objection from Anadarko is solely for oil and gas
interests which lie under the property, and not for hard rock mineral interests. He confirmed the
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 6
interests are subject to an Exploration Agreement between Anadarko and Rubicon Oil and Gas,
LP, and Rubicon does have the right to drill wells on the property. He indicated discussions
have been initiated with the applicants; however, no final agreement has been reached. He
expressed his concerns regarding reaching an agreement due to the type of use associated
with the property, creating a need to coordinate for future operations. He stated he believes it is
within the best interest of the public for an agreement to be completed, for safety reasons, and
he requested the Board require the applicant to finalize an agreement for the compatible
development of the surface estate. There being no further comments, the Chair closed the
public input portion of the hearing.
Mr. Berndt stated the National Association of Shooting Ranges (NASR) works directly with the
NRA, and has indicated there are ways to mitigate the 5,500 -foot buffer requirement. He stated
a baffle should be constructed so that the shooter is not able to shoot over the berm, and a
wooden fence should be constructed at a slight angle, so that bullets are not able to knock over
the berm. Chair Garcia questioned whether the mitigations described by Mr. Berndt are
recognized by the NRA, and in response, Mr. Berndt indicated the NRA actually wrote the
materials which he researched on the NASR website. Commissioner Conway indicated
conflicting information has been presented, and he read Condition of Approval #1.M into the
record. He indicated another operator has testified that the NRA requires a 5,500 -foot buffer,
and the applicant has asserted there are mitigation measures to get around the requirement.
Mr. Berndt confirmed the language he is referring to was written by one of the Directors of the
NRA, and was posted on the NASR website. Ms. Berndt indicated Section 23-4-370, of the
Weld County Code, provides the requirements for shooting ranges, and the Board reviewed the
language listed within the reference. Responding to Commissioner Rademacher, Mr. Gathman
indicated the berms are listed on the plat; however, the fence and baffles are not indicated.
Ms. Berndt clarified they intend to comply with Section 23-4-370, specifically subsection B.3.b,
which addresses the placement of the fence on top of the berm.
Commissioner Rademacher indicated the applicant is required to be in compliance with the
Weld County Code, therefore, he is unsure of why Condition of Approval #1.M is necessary.
Commissioner Conway reiterated Mr. Brough provided testimony that the NRA requires a
5,500 -foot buffer, and he questioned whether there have been any Code changes since
Mr. Brough received approval for his facility. In response to Commissioner Conway, Mr. Barker
indicated the Code was modified in the years 2001 and 2003; however, it appears the
modifications were minor. He confirmed it is possible that the previous application submitted by
Mr. Brough was subject to different regulations. Further responding to Commissioner Conway,
Mr. Barker clarified if the regulations listed within the Weld County Code are now less strict, a
previous applicant would not be required to seek an amendment to a USR permit. Upon further
discussion between Commissioner Conway and Mr. Barker, Chair Garcia indicated specific
questions regarding allowed uses within a USR permit should be directed to the Department of
Planning Services.
Commissioner Rademacher indicated he is not concerned with the distance of County Road 96,
since the applicant has proposed adequate mitigation, therefore, he suggested the deletion of
Condition of Approval #1.M. Chair Garcia indicated the Board recognizes that the NRA is an
expert regarding shooting activities, and he concurs, if mitigation measures are acceptable.
Commissioner Conway indicated he is not sure that the information provided on the NASR
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 7
website meets the intent of Condition of Approval #1.M, and he would rather the applicant be
required to meet the regulations of the Weld County Code. Mr. Barker questioned the intent of
Condition of Approval #1.M, and in response, Mr. Gathman indicated the language was included
to ensure the applicant could provide consistency with NRA standards. He confirmed the
language was also included as a Condition of Approval for the shooting range located south of
the Town of Berthoud. Commissioner Conway expressed his concerns that the evidence
presented by Mr. Brough indicates that the applicant may not be able to come into compliance
with NRA regulations. Mr. Barker clarified the applicant has provided testimony indicating they
believe they can comply with NRA regulations, and to meet the intent of Condition of Approval
#1.M, the applicants could submit a written letter, indicating how they believe they have
complied with the NRA regulations. He further clarified the language within Condition of
Approval #1.M does not require that a written letter be provided from the NRA. Commissioner
Conway indicated all parties involved need to understand what constitutes compliance with NRA
regulations. Chair Garcia clarified he does not believe there is necessarily a difference of
opinion, rather, the applicants have indicated mitigation opportunities exist. He further clarified if
the mitigation measures meet the standards of the Weld County Code, they are available to
other applicants as well. Commissioner Rademacher indicated there is no modification
necessary for Condition of Approval #1.M, since the applicant may provide a letter indicating
how they are in compliance.
In response to Chair Garcia, Mr. Gathman indicated the listed hours of operation listed within
Development Standard #3 shall not apply to the RV parking, nor to food service. Commissioner
Rademacher suggested the words "for shooting activities" be added to the end of Development
Standard #3, and the Board concurred. Chair Garcia indicated the applicant previously
requested a total of twenty employees, and the Board concurred with the modification of
Development Standard #4, to reflect twenty (20) employees. The Board further concurred with
the modification of Development Standards #23 and #39, to reflect the "Amateur Trap
Association," in place of the "American Trap Association," and concurred with the deletion of the
first sentence of Development Standard #24. Commissioner Conway suggested the word
"locked' be removed from Development Standard #27, and he believes the gate should remain
since it is already in existence. Responding to Commissioner Rademacher, Mr. Berndt
confirmed ammunition is stored on the site; however, it is not a security issue since it is stored in
a locked container within the clubhouse. He further confirmed the main purpose of the gate is to
prevent wanderers from entering the site during overnight hours. Commissioner Rademacher
concurred it is good practice to keep people off of the site after hours; however, he is concerned
about allowing RVs to leave the site whenever necessary. Mr. Berndt suggested leaving the
chain unlocked any time there are RVs present on the site, and lock the chain when no one is
present on the site overnight. Chair Garcia indicated if Development Standard #27 were
deleted, it would be the applicant's discretion as to when to lock the gate. Responding to
Commissioner Rademacher, Mr. Berndt indicated the chain with the padlock is utilized because
it was required through the existing permit. The Board concurred with the deletion of
Development Standard #27.
Mr. Barker suggested the language within Development Standard #31 be modified to state,
"Line of fire shall comply with the requirements listed within Section 23-4-370, of the Weld
County Code," and the Board concurred with the modification. Responding to Commissioner
Rademacher, Mr. Barker confirmed the Weld County Code does include provision for
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 8
compliance with the National Skeet Shooting Association, as referenced within Development
Standard #40. Commissioner Rademacher indicated he does not want the applicant to be
required to provide additional landscaping. Mr. Gathman indicated Development Standard #32
requires landscaping to be utilized as a noise barrier, and Commissioner Rademacher
requested that the language be modified so that the applicant is not required to provide
landscaping around the entire perimeter of the site. Commissioner Long indicated, in the future,
it would be beneficial to have specific language regarding landscaping agreed upon by the
applicant and Department staff before the Board meeting. He indicated the language approved
within Resolutions is left to interpretation in many instances, and applicants have a right to know
what exactly will be required. In response to Chair Garcia, Mr. Gathman indicated Development
Standard #32 could be amended to indicate landscaping will be required along the property
bordering County Road 96, to act as a natural noise barrier. Commissioner Conway indicated
the perimeter fence will reduce noise from the site, and Commissioner Rademacher reiterated
the existing landscaping on the site is adequate. Mr. Gathman suggested the deletion of
Development Standard #32, and Commissioner Rademacher concurred. Mr. Berndt clarified
the fence is not a solid fence, it is a T -post fence with wire, with signs attached for safety
reasons. Commissioner Rademacher clarified the berm will provide noise mitigation, and the
Board concurred with the deletion of Development Standard #32.
Mr. Gathman requested modification of the first sentence of Condition of Approval #1.N to state,
"The applicant shall enter into an Improvements Agreement According to Policy Regarding
Collateral and post adequate collateral for on -site improvements." Responding to
Commissioner Rademacher, Mr. Carroll indicated the necessary improvements will include
gravel for the parking spaces around the new clubhouse and the RV parking area, and the
applicant will not be required to pave either area. Further responding to Commissioner
Rademacher, Mr. Berndt confirmed the ground is a fine sandy loam, and site does currently
contain gravel. In response to Commissioner Rademacher, Mr. Gathman confirmed the amount
of collateral is not pre -determined, rather, the applicant provides an estimate for the required
improvements, which is reviewed and verified by staff. The Board concurred with the
modification of the first sentence of Condition of Approval #1.N, as previously described by
Mr. Gathman.
In response to Chair Garcia, Mr. Berndt indicated he has reviewed and concurs with the
Conditions of Approval and Development Standards, as amended. Ms. Berndt requested
clarification regarding the collateral process, and in response, Commissioner Rademacher
indicated if the on -site improvements are deemed to be adequate, no additional work will be
necessary. Mr. Carroll clarified he has been on the site, and the current improvements are
adequate; however, the new clubhouse and RV parking will require additional gravel on the site.
He further clarified the applicant will submit an itemized listing of what materials are necessary
to complete the improvements, which he will review. Ms. Berndt indicated her questions have
been answered, and she also concurs with the Conditions of Approval and Development
Standards, as amended.
Commissioner Rademacher indicated he supports approval of this application, especially since
Weld County does not contain a large number of shooting ranges. He confirmed this facility has
a good location, and he is pleased that there is not a large number of residences adjacent to the
facility. Commissioner Long concurred with Commissioner Rademacher and indicated he is
2009-1465
PL1021
HEARING CERTIFICATION - KELLY AND ANNA BERNDT (AMUSR-1105)
PAGE 9
familiar with the location of the facility, which has a great reputation among sportsmen in the
area.
Commissioner Long moved to approve the request of Kelly and Anna Berndt for a Site Specific
Development Plan and Amended Use by Special Review Permit #1105 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, based on the
recommendations of Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards as entered into the record. His motion included the
modification of the first sentence of Condition of Approval #1.N to state, "The applicant shall
enter into an Improvements Agreement According to Policy Regarding Collateral and post
adequate collateral for on -site improvements."; the modification of Development Standard #3 to
state, "Hours of operation shall be from 8:00 a.m., to 8:00 p.m., Monday through Sunday, for
shooting activities."; the modification of Development Standard #4 to state, "The facility shall
have a maximum of twenty (20) employees."; the modification of Development Standards #23
and #39 to reflect the "Amateur Trap Association," in place of the "American Trap Association";
the deletion of the first sentence of Development Standard #24 to read "The targets used shall
be considered non-toxic."; the deletion of Development Standards #27, and #32, with the
required re -numeration; and the modification of Development Standard #31 to state, "Line of fire
shall comply with the requirements listed within Section 23-4-370, of the Weld County Code."
The motion was seconded by Commissioner Rademacher, and it carried unanimously. There
being no further discussion, the hearing was completed at 11:30 a.m.
This Certification was approved on the 29th day of June, 2009.
ATTEST:
Weld County Clerk to the
I
BY: V/ti `(241
APPR• 3 AS '; ORM:
ttorney
BOARD OF COU TY COMMISSIONERS
W4D4 O. ✓COLORADO
iam . Garcia, Chair
ouglds Raderr cher, Pro-Tem
Sean P. Conway
FXCI ISFl)
B ara Kirkmeyer
(11
w'c,.
David E. Long
2009-1465
PL1021
EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1105 — KELLY AND ANNA BERNDT
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated June 2, 2009)
D. Planning Staff Certification and photo of sign posting
E.
F.
G.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 24TH DAY OF JUNE, 2009:
ci
C
C
0
tro
C
a,
0.
X
w
Cc C
L 'C
d VN
N M
L C
O N C
C C
N • y < W
V) 0 Ty 0
C
O ~ a) CU
• Y T
a7 a) a) O
Y Y U
r W N P
M M
0) 0) 0) O)
0000
OOOO
N N N N
�k###
H I- F F
W W W W
Y Y Y Y
O 000
O 000
O 0 0 0
PLEASE legibly write or print your name and complete address.
123 Nowhere Street, City, State, Zip
3
n
.n
IC
M
•i--
T
�'
C)
C3
,y'
0`u
c-
w
S'u
v
-
v
t
C
)\-'.
�5.-IC
3
-Cr,
e/
e{
ct
00
W
re
V
`j
`,
c
-
v
Srlr
j
n
0
,n
v
V
AV
M
N
NAME
John Doe
p
,-
n'
G
<
S i
J
J
CJ
Hello