HomeMy WebLinkAbout20071844.tiff RESOLUTION OF THE WELD COUNTY PLANNING COMMISSION
Moved by Doug Ochsner 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: USR-1569
APPLICANT: Berthoud Gun Club
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the NW4 SW4 of Section 19, T4N, R68W of the 6th P.M., Weld
County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Recreational Facility and uses including a Shooting Range (Berthoud
Gun Club) in the A(Agricultural)Zone District.
LOCATION: 0.5 mile north of CR 42; and east of and adjacent to CR 1.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of
the Weld County Code.
2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance
with Section 23-2-220 and Section 23-4-370of 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 22-2-60 (A.Goal 4) states,
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." The facility is existing
and currently has a Non-Conforming Use designation assigned to this facility. (NCU-369)
This application if approved would negate NCU-369.
Section 22-5-50.A (O.Goal 1) states. "Promote the location of park, recreation and open
space areas in floodplain, seep areas, wetlands, geological fault areas and nonproductive
agricultural areas." Further, Section 22-5-50.A.2 (O.Policy 1.2.) states "Encourage uses
such as open space,agriculture, parks, recreation,gravel mining and other related activities
in floodplains, seep areas, wetlands, geological fault areas and other areas having natural
features of public interest."
Application materials indicate that the site can support the proposed use as the facility has
been at its present location since 1952. Conditions of Approval and Development Standards
ensure that a reasonable attempt will be made for the use to be compatible with the region.
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 a Site Specific
Development Plan and a Use by Special Review for a Recreational Facility, including
Shooting Ranges, in the 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 surrounding property is primarily agricultural with the Town of
Berthoud immediately adjacent to the North,the Larimer County Waste Transfer Station and
Town of Berthoud Shooting Range immediately adjacent to the East, rural residential
properties to the West in Boulder County, riparian lands, the Little Thompson River
immediately adjacent to the South and the Town of Berthoud Waste Water Treatment Facility
to the southeast of this existing facility. There are three residential structures within the five
EXHIBIT
1 2007-1844
US' 156'
Resolution USR-1569
Berthoud Gun Club
Page 2
hundred foot notification limits and several additional residential structures predominately to
the West and South. The Development Standards and Conditions of Approval will ensure
compatibility with adjacent properties.
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 subject property lies within the three mile referral area of the Towns of
Berthoud and Mead. The Town of Mead has no objections to the application,and the Town
of Berthoud responded stating "... the facility does appear to substantially comply with the
existing, but limited statutes, ordinances and policies of the Town of Berthoud that apply to
this type of use."
E. Section 22-4-60 states"Noise is a source of environmental pollution. Exposure to excessive
noise levels over prolonged periods can be a threat to public health. Statutory noise
standards have been established for areas where commercial,industrial and residential uses
are located." Section 22-4-70.A(N.Goal 1)states[Land use applications shall] minimize the
impact of noise on County residents. Section 22-4-70.A.1 (N.Policy 1.1) states "Land use
applications will be evaluated by the Department of Public Health and Environment for
compliance with Federal, State and County statutes, regulations and ordinances." Further,
Section 22-4-70.A,2 (N.Policy 1.2)states"The Department of Public Health and Environment
will prescribe noise level standards for land use applications when appropriate." The
Department of Public Health and Environment states"Colorado Revised Statutes 25-12-109
exempts noise restrictions on sport shooting ranges." The Development Standards and
Conditions of Approval will ensure compatibility with adjacent properties.
F. Section 23-2-220.A.5 -- The site does lie within the Floodplain Overlay Districts. FIRM
Community Panel Map 080266 0725 C dated 1982, designates the lower south property
adjacent to the Little Thompson River as being in the Floodplain.
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 subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the Storm
Water/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
G. 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 land is designated as
"Other" on the Important Farmlands of Weld County Map dated 1979.
H. 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.
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.
Resolution USR-1569
Berthoud Gun Club
Page 3
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall provide written evidence to the Department of Planning Services of
compliance with the minimum standards and requirements of the following National
Associations: The American Trap Association and the National Rifle Association
(Department of Planning Services)
B. The applicant shall provide written evidence to the Department of Planning Services that the
"Danger Zones"of one hundred(100)yards by three hundred(300)yards is provided for trap
fields as determined by the National Rifle Association. (Department of Planning Services)
C. The applicant shall submit written evidence to the Department of Planning Services
demonstrating that the 100 yard range baffle layout requirement is not required for this
facility,and that the existing range is in compliance with the recognized minimum standards
and requirements of the National Rifle Association. (Department of Planning Services)
D. The applicant shall submit written evidence to the Department of Planning Services
demonstrating that the Trap Field Shotfall Zone is in compliance with the recognized
minimum standards and requirements of the National Rifle Association. (Department of
Planning Services)
E. 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)
F. The applicant shall submit written evidence to the Department of Planning Services of
compliance with the minimum requirements and standards for 4-H Shooting Sports as
defined by the State of Colorado. (Department of Planning Services)
2. Prior to recording the plat:
A. All septic systems (which includes vaulted restroom facilities) located on the property shall
have appropriate permits from the Weld County Department of Public Health&Environment.
The Environmental Health Division of the Weld County Department of Public Health &
Environment was unable to locate a septic permit for the "outdoor 2-stool outhouse". Any
existing septic system which is not currently permitted through the Weld County Department
of Public Health & Environment will require an evaluation by a Colorado Registered
Professional Engineer. The review shall consist of observation of the system and a technical
review describing the systems ability to handle the proposed hydraulic load.The review shall
be submitted to the Environmental Health Services Division of the Weld County Department
of Public Health and Environment. In the event the system is found to be inadequately sized
or constructed the system shall be brought into compliance with current Regulations. Written
evidence of compliance shall be submitted to the Department of Planning Services.
(Department of Public Health and Environment)
B. The applicant shall submit a lead management program to the Environmental Health
Department. It is recommended that the applicant follow suggestions as outlined in The
United States Environmental Protection Agency reference manual Best Management
Resolution USR-1569
Berthoud Gun Club
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Practices for Lead at Outdoor Shooting Ranges at
http://www.epa.gov/region2/waste/leadshot. Written evidence of compliance shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
C. 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. Evidence
of written approval shall be submitted to the Department of Planning Services. 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). (Department of Public Health and
Environment)
D The applicant shall provide the Department of Planning Services with an on-site maintenance
plan that is in compliance with Section 23-2-250.F of the Weld County Code. (Department of
Planning Services)
E. The applicant shall submit written evidence from the Town of Berthoud stipulating that the
overflow parking area adjacent to the County Road 42.5 right-of-way is permitted for such
use. Written evidence of compliance shall be submitted to the Department of Planning
Services. (Department of Planning Services)
F. The applicant shall submit a Landscape and Screening Plan to the Department of Planning
Services for review and approval, specifically addressing the berms located on the property
with compliance with the standards associated with Shooting Ranges of this type.
(Department of Planning Services)
G. The applicant shall submit a Lighting Plan to the Department of Planning Services for review
and approval. (Department of Planning Services)
H. The applicant shall contact the Town of Berthoud to verify if an access agreement is required
for this facility. Written evidence of such shall be submitted to the Department of Planning
Services. (Department of Planning Services)
Required improvements shall be completed or the applicant shall enter into an Improvements
Agreement according to policy regarding collateral for improvements and post adequate
collateral for site improvements (water extensions, fire hydrant, plant materials, fencing,
screening, signage, etcetra). The agreement and form of collateral shall be reviewed by
County Staff and accepted by the Board of County Commissioners prior to recording the USR
plat. (Department of Planning Services)
3. The Plat shall be amended to delineate the following:
A. All the pages of the plat shall be labeled USR-1569. (Department of Planning Services)
B. The plat shall be amended to delineate the attached Development Standards.(Department of
Resolution USR-1569
Berthoud Gun Club
Page 5
Planning Services)
C County Road 1 is designated on the Weld County Road Classification Plan as a collector
road,which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-
of-way.An additional 10 feet shall be delineated on the plat as future County Road 1 right-of-
way.All setbacks shall be measured from the edge of future right-of-way. The applicant shall
verify the existing and any future right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is maintained by the Town
of Berthoud. (Department of Public Works)
D. County Road 42.5 north of and adjacent to the property, is a local gravel road and under the
jurisdiction and maintenance of the Town of Berthoud. The applicant shall indicate on the
plat drawing the type of right-of-way/easement and include whether it is dedicated,private or
deeded to provide adequate access to the parcel. (Department of Public Works,Department
of Planning Services)
E. The existing vegetation shall be identified with a "dot" in the center of the circle. The
proposed or future plant material shall be delineated with a "+" in the middle of the circle
designating new plant material to be installed. (Department of Planning Services)
F. The parking lot appears to have approximately 40-45 parking spaces available. This parking
is adequate for day to day use of the facility but for a large group event, as mentioned in the
questionnaire,this parking will not be adequate. Public Works recommends overflow parking
located adjacent to the north berm of the property off County Road 42.5. These overflow
parking spaces will need to be identified and labeled on the plat. (Department of Public
Works)
G. Should the Town of Berthoud determine that the proposed off-street parking be unavailable
off County Road 42.5, the applicant shall provide evidence that an additional eighty (80)
spaces be accommodated to provide overflow parking for the large group event. This area
shall be delineated on the plat. (Department of Planning Services)
H Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt,
concrete or the equivalent and shall be graded to prevent drainage problems. Parking
spaces must be dimensioned on the drawing and follow Weld County requirements."General
location, arrangement and dimensions of parking spaces,width of aisles,width of bays,angle
of parking and other similar information." Parking Lots shall conform to all standards of the
Americans with Disabilities Act. The applicant shall identify the two(2)ADA space(s)with the
appropriate symbols and signs. (Department of Public Works)
4. Upon completion of 1., 2.,and 3. 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)
5 The Department of Planning Services respectively requests the surveyor provide a digital copy of this
Use by Special Review. Acceptable CAD formats are.dwg, .dxf,and .dgn (Microstation);acceptable
Resolution USR-1569
Berthoud Gun Club
Page 6
GIS formats are ArcView shapefiles,Arclnfo Coverages and ArcInfo 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 maps(a)co.weld.co.us. (Department of Planning Services)
6 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)
7. Prior to issuance of building permit:
A. One month prior to construction 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.Written evidence of compliance
shall be submitted to the Department of Planning Services. (Department of Public Health
and Environment)
B. A building permit shall be obtained prior to the remodel of any existing buildings or the
construction of any other buildings or structures on site.(Department of Building Inspection)
C. A plan review is required for each building for which a building permit is required. Plans shall
bear the wet stamp of a Colorado registered architect or engineer. Two complete sets of
plans are required when applying for each permit. Building plans shall also be submitted to
the Berthoud Fire Protection District. (Department of Building Inspection)
8. 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 Resolution was signed a $50.00
recording continuance charge may be added for each additional 3 month period. (Department of
Planning Services)
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Berthoud Gun Club, Inc.
USR-1569
1. The Site Specific Development Plan and Special Use Permit is for a Recreational Facility(Shooting
Range) 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 9 A.M.to 6 P.M. Monday,Tuesday,Thursday, Friday,Saturday and
Sunday. The facility is closed on Wednesday of any given week. (Department of Planning Services)
4. There shall be no use of the Shooting Range during all recognized Federal and State Holidays.
(Department of Planning Services)
5. There are four employees utilized in the operation of this facility. (Department of Planning Services)
6. Events held at this facility are limited to one hundred twenty-five (125) persons. (Department of
Planning Services)
7. There shall be no firearms of any caliber over the caliber of.22,with the exception of muzzleloaders,
per 4-H regulations, used at this facility at any time. (Department of Planning Services)
8. USR-1569 shall be reviewed every ten years per Section 23-4-370.A of the Weld County Code.
(Department of Planning Services)
9. On-site lighting, including security lighting if applicable shall be shielded so that beams or rays of light
will not shine directly onto adjacent properties; neither the direct nor reflected light from any light
source may create a traffic hazard to operators of motor vehicles on public or private streets;and no
colored lights may be used which may be confused with or construed as traffic control devices.
(Department of Planning Services)
10. 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)
11. 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. (Department of Public Health and Environment)
12. 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. (Department
of Public Health and Environment)
13. The applicant shall permanently post signs informing patrons/members of potential hazards
associated with this site being on a reclaimed landfill. These signs should warn individuals of landfill
concerns such as subsidence, hazardous trash, landfill gas, etc. that may exist on the site. The
sign(s) shall disclose the names, address, and phone numbers of the responsible party.
(Department of Public Health and Environment)
14. Any structure(s) built on the landfill shall be constructed so that the structure(s) is compatible with
conditions that are inherent to closed landfills. These conditions include but are not limited to
subsidence, landfill gas, etc. (Department of Public Health and Environment)
15. The applicant shall operate in accordance with the approved "waste handling plan". (Department
of Public Health and Environment)
16. The applicant shall operate in accordance with the approved "lead management program".
(Department of Public Health and Environment)
17. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public
Health and Environment)
18. Adequate hand washing and toilet facilities shall be provided for employees and patrons of the
shooting range. (Department of Public Health and Environment)
19. Any septic system, including a vault system, located on the property must comply with all provisions of
the Weld County Code, pertaining to Individual Sewage Disposal Systems. (Department of Public
Health and Environment)
20. Water shall be available to employees and patrons for drinking and sanitary purposes. The facility
shall utilize the existing public water supply, Little Thompson Water District. (Department of Public
Health and Environment)
21. If applicable,the applicant shall obtain a storm water discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment. (Department of Public Health and Environment)
22. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
23. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will
reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to run-off rate and velocity increases,diversions,concentration and/or unplanned
ponding of storm run-off. (Department of Public Works)
24. The applicant must take into consideration storm water capture/quantity and provide accordingly for
best management practices. (Department of Public Works)
25. 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)
26. Buildings shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2003 International Building
Code; 2003 International Mechanical Code; 2003 International Plumbing Code; 2003 International
Fuel Gas Code; and the 2005 National Electrical Code and Chapter 29 of the Weld County Code.
(Department of Building Inspection)
27. Each new structure will require an engineered foundation based on a site-specific geotechnical
report or an open hole inspection performed by a Colorado registered engineer. Engineered
foundations shall be designed by a Colorado registered engineer. (Department of Building Inspection)
28. All structures existing and new if used for storage will be classified as S-2 (Storage). If any storage
material exceeds the maximum amount of Hazardous material on table 307.7(1) of the 2003
International Building Code, the building will classified as H (Hazardous storage). Fire resistance of
walls and openings,construction requirements, maximum building height and allowable areas will be
reviewed at the plan review. Setback and offset distances shall be determined by the Weld County
Code. (Department of Building Inspection)
29. Building height shall be measured in accordance with the 2003 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
30. 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)
31. Off-street parking spaces including access drives shall be surfaced with gravel, asphalt,concrete or
the equivalent and shall be graded to prevent drainage problems. (Department of Public Works)
32. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-2-240, Weld County Code.
34. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-2-250, Weld County Code.
35. Effective August 1,2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Storm Water/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
36. "No Trespassing"and"Shooting Range"signs shall be posted and maintained on the perimeter fence
at all points of ingress and egress to clearly identify the boundaries of the site. (Department of
Planning Services)
37. 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.
38. 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.
39. 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.
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 Department of Planning Services' staff recommendation for approval is conditional upon the following:
Motion seconded by Erich Ehrlich.
VOTE:
For Passage Against Passage Absent
Chad Auer—Chair
Doug Ochsner—Vice Chair
Paul Branham
Erich Ehrlich
Tom Holton
Mark Lawley
Roy Spitzer
The Chair declares the resolution passed and orders that a certified copy be placed in the file of this case
to serve as a permanent record of these proceedings.
CERTIFICATION OF COPY
I, Donita May, 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 September 19,2006.
Dated��' the 19th of September, 2006.
/etc
Donita May
Secretary
9-19-Z
Ms. Hatch recommended Development Standard fourteen remain as is but include that a vault would be
acceptable; number fifteen be changed to bottled water; and number sixteen could be deleted.
Tom Holton motioned to amend Development Standard fifteen as suggested and delete Development
Standard sixteen. Roy Spitzer seconded. Motion carried.
Paul Branham motioned to amend Development Standard 2.B. and delete (i.e., well or community water
system). Roy Spitzer seconded. Motion carried.
Roy Spitzer suggested to Don Carroll, Department of Public Works,that truck traffic be addressed specifically
regarding the short site distance. Mr. Carroll said he was in total agreement and suggested Mr.Smith talk to
his truckers and ask they go slower; another problem was that Johnstown had annexed CR 42 but Weld
County was still responsible for maintenance,so the best scenario was that this problem existed but there was
no solution at present without carving the hill down which would require modifications to adjacent properties;
and he had checked and there had been no accidents in that vicinity from 2002 to the present time.
The Chair asked the applicant if he agreed with the changes. Mr. Smith replied that he was in agreement.
Doug Ochsner moved that Case USR-1566, be forwarded to the Board of County Commissioners along with
the amendments to the Conditions of Approval and Development Standards with the Planning Commissions
recommendation of approval. Paul Branham seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham,yes; Erich Ehrlich,yes;Tom Holton,yes; Doug Ochsner,yes; Roy Spitzer,yes; Mark Lawley,yes;
Chad Auer,yes. Motion carried unanimously.
Paul Branham commented that with the changes to the Development Standards and Conditions of Approval,
the applicant would meet the requirements in Section 23-2-220.A.1 of the Code.
Roy Spitzer commented the applicant would need to be very responsive to the needs of the surrounding
property owners due to the types of material on the site and urged Mr. and Mrs. Meyer to contact Planning
Staff if problems arose in the future.
Chad Auer commented that with the changes to the Development Standards and Conditions of Approval,the
applicant would meet the requirements in Section 23-2-220.A.1 of the Code.
EXHIBIT
— 4. CASE NUMBER: USR-1569 C
APPLICANT: Berthoud Gun Club c/o Mel Green, President LLS2 *Is&9
PLANNER: Kim Ogle
LEGAL DESCRIPTION: Part of the NW4 SW4 of Section 19, T4N, R68W of the 6th P.M.,
Weld County, Colorado.
REQUEST: Site Specific Development Plan and Special Review Permit for a
Recreational Facility and uses including a Shooting Range
(Berthoud Gun Club) in the A(Agricultural)Zone District.
LOCATION: 0.5 mile north of CR 42; and east of and adjacent to CR 1.
Kim Ogle, Department of Planning Services, presented Case USR-1569, reading the recommendation and
comments into the record. The subject property was within the three mile referral area of the Towns of
Berthoud and Mead. The Town of Mead had no objections to the application, and the Town of Berthoud
responded stating "... the facility does appear to substantially comply with the existing, but limited statutes,
ordinances and policies of the Town of Berthoud that apply to this type of use."
The surrounding property was primarily agricultural with the Town of Berthoud immediately adjacent to the
North, the Larimer County Waste Transfer Station and Town of Berthoud Shooting Range immediately
adjacent to the East, rural residential properties to the West in Boulder County, riparian lands, the Little
Thompson River immediately adjacent to the South and the Town of Berthoud Waste Water Treatment
17
Facility to the southeast of this existing facility. There were three residential structures within the five hundred
foot notification limits and several additional residential structures predominately to the West and South
The application materials stated that the facility had been in continuous operation since 1952, and presently
offered several different ranges for shotguns and hand guns of all calibers including muzzleloaders. The
application materials also stated that all guns were allowed at the range except for guns legally used for big
game hunting. Additionally rim-fired ammunition of all calibers was also permitted. Representatives for the
applicant may provide additional information and clarification on this point.
The application materials included several letters from members of youth shooting programs including the 4-
H. Staff had not received any letters of support from law enforcement agencies.
The sign for today's hearing was posted at least ten days prior to the hearing by staff and was evidenced by
photograph and affidavit.
Eleven referral agencies reviewed this case and nine offered comments, some with specific conditions.
Several letters had been received from surrounding property owners,and one person had reviewed the case
file. Multiple telephone inquiries were received from adjacent property owners and interested parties who had
questions regarding the application.
Primary concerns rose from the letters included issues of compatibility, noise, hours of operation, property
value and safety
This facility presently has a NCU(non-conforming use)designation placed on it for the use as the facility was
established in 1952 prior to zoning in the County. This application was before you due to the expansion of
said use. (NCU-369)The USR addressed the expansion of the facility, including use thereof and issues of
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compatibility.
The Planning Department recommended approval of this application,a Site Specific Development Plan and a
Special Review Permit for a Recreational Facility(Shooting Range)in the A(Agricultural)Zone District,with
the attached Conditions of Approval and Development Standards.
Mr. Ogle reviewed some amendments to staff comments: in"prior to recording the plat", item 2.B.,there was
a typographical error,the applicant was to submit the Lead Management Program to the Environmental Health
Department,not to the Department of Planning Services; Development Standard number three identified the
operation hours but Staff was now recommending the shooting range be open Monday,Tuesday,Thursday,
Friday and Sunday due to issues of compatibility and safety;and Development Standard number five should
now indicate four employees.
Mel Green,President of Berthoud Gun Club,20498 CR 1, Berthoud,CO,80513,said they had been shooting
all manner of weapons at the facility since 1952. They have made numerous improvements,including lighting
installed in 1997 or 1998 per Mr. Beebo's (surrounding property owner) request and had added berms and
trees to enhance the property and control the sound. The berm height would be increased as dirt became
available to do so. The property was clean, neat and set up for family use and the bathroom had recently
been insulated, heated and repainted. Mr. Green said the facility was used primarily in the evening hours and
he wanted to keep the hours as they were presently. The density of use had increased which changed the
use of the application. Because of that,the Gun Club could not comply with the County requirements for the
skeet range as they did not have enough property to meet that requirement,so that was why that portion of the
application had been withdrawn. The members utilized the archery and muzzle loader ranges at all times but
shotgun use was restricted. The Gun Club felt they had accommodated the neighborhood concerns.
Chad Auer asked about hours of operation. Mr. Green replied the .22 and archery ranges could be used at
any time and should not be restricted; shotgun usage was restricted; and they wanted the facility to be open
seven days a week from 8 am to 9 pm. Mr. Auer asked why the request for the skeet range had been
withdrawn. Mr.Green said just the skeet portion was withdrawn as they could not meet County requirements
for space.
Paul Branham asked what hours they wanted to be open on Wednesdays and Saturdays. Mr.Green said the
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shotgun range would not be open until after the neighboring dump closed at 4 pm.
Erich Ehrlich said the Gun Club had been there since 1952 and wondered what people didn't understand
about this being a gun club, that the residents knew it was there when they chose to live there.
Paul Branham cited Development Standard number eight requiring review of the application every ten years,
and asked Mr.Green how he stood on that now. Mr. Green said this was an expensive process for them and
they had no problem being reviewed constantly for violations,but the threat of losing their application every ten
years was tough to take. Mr. Branham asked Planning Staff if there was something in the Code that said
review of the application would only occur if there were considerable change in the neighborhood or
community.
Mr.Green said they had been working with neighbors to the north and would locate the road further north and
higher up for better visibility from both directions.
Bruce Barker cited Section 23-4-370 of the Code,which Mr.Branham mentioned,regarding the regulations for
outdoor shooting ranges. Mr. Ogle gave a response that was inaudible.
Mr. Green reiterated that they still had improvements they wanted to add make to the facility, including the
addition of more trees; increasing the berm height three to four more feet; and additional fencing.
Tom Holton asked if muzzle loaders were allowed on the range. Mr. Green said they absolutely did allow
muzzle loaders. Mr. Ogle said Staffs concern was due to compatibility and the letters they had received from
surrounding property owners that spoke to the hours of operation and the types of guns being fired. Mr.Green
said they did not allow any weapons used for big game. Mr.Ogle directed the Planning Commission to look at
page one of the application for the description of the weapons allowed at the facility. Mr. Holton asked Mr.
Green if .223's would be fired at the range. Mr. Green responded that his members did not fire those
weapons, but the Berthoud Police Department might when they used the facility.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Jeff Riley,321 S CLR, Berthoud,CO,80513 said he had purchased property thirteen years ago and would not
be at the hearing today if the use on the property had not changed;documented times of shooting for the past
two years and just recently for the last eighteen days;since the facility's inception,the use had changed from
two to eight hours a month to sixty to eighty hours a month; hiding behind the youth was nice but the Gun Club
had disregarded neighborhood concerns; shooting was back to back for five to seven hours; safety was a
major concern and he had found arrows in his field; the Gun Club did shoot loud, high powered rifles on the
site;the use has changed drastically since 1952 and even 1996;the HOA(Home Owner's Association)in the
area had hired an attorney who suggested it became a private nuisance when the plaintiff knowingly acquired
property in the vicinity of the defendant's premises and changing the use in 2002;Gun Club had turned a blind
eye to neighbor's concerns; more development was planned for the future and this would continue to be an
issue; said he was not sure the Gun Club was even operating legally and asked they be required to return to
the original use of a few hours per month.
Zach Stamp,5301 CR 38, Berthoud,CO,80513, said he supported the Berthoud Gun Club because they had
supported him, his 4-H club and all the youth in Weld County; had used it for his practice in preparation for the
Colorado State Fair where his Junior team had won skeet, trap and five stand.
Jeff Stamp, 5301 CR 38, Berthoud,CO,80513, said he had been a 4-H leader for fifteen years and supported
the Berthoud Gun Club; twenty of their kids had gone to the State Fair competing at all levels; they needed
evening hours to shoot with the kids; and adult certified leaders were on site at all times; and this provided a
safe shooting facility for the kids.
The Chair closed the public portion of the meeting.
Mr. Green addressed the objections; they were not shooting high powered rifles; they had increased the
fencing to eliminate squatters, if there were any; he urged the neighbors to call anytime with concerns; and
would remove .223's from application completely;and wanted to increase the berm another two to three feet
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prior to fencing.
Tom Holton said he did not see any reason for such high powered weapons if this was indeed for the kids and
wanted to see the berm height on CR 5 increased for safety.
Paul Branham motioned to amend language in"prior to recording the plat", item 2.B.to read the Department
of Public Health and Environment instead of the Department of Planning Services. Tom Holton seconded.
Motion carried.
The Chair asked if there was any discussion of Development Standard three regarding hours and days of
operation.
Doug Ochsner said he was still confused about who operates Wednesday and Saturday versus the other
days. Mr. Ogle replied Wednesday and Saturday was when the Larimer Transfer Station was in operation
from early in the morning until four in the afternoon and Staff was aiming for compatibility for surrounding
property owners, including future development to the north,to restrict shooting on those days. The application
stated the Gun Club was presently operating from 8 am to 9 pm daily and the Department of Public Health and
Environment could not restrict them as shooting ranges were not governed by noise ordinances.
Roy Spitzer said he would like to see those two days off.
Paul Branham said Saturday could be one of their busiest days and hesitated to put a restriction on Saturday.
Roy Spitzer moved that Development Standard three be amended to read the, "Hours of operation shall be
from 8 am to 9 pm, Monday, Tuesday, Thursday, Friday and Sunday. The facility is closed on Wednesday
and Saturday of any given week." Doug Ochsner seconded.
Doug Ochsner moved that Development Standard number five be amended to read, 'There are four
employees utilized in the operation of this facility." Paul Branham seconded. Motion carried.
Tom Holton motioned to amend Development Standard number seven to read,"There shall be no firearms of
any caliber over the caliber of .22, with the exception of muzzle loaders, per 4-H regulations, used at this
facility at any time. Paul Branham seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich, yes; Tom Holton, yes; Mark Lawley, yes: Doug Ochsner, no; Roy Spitzer,yes;
Chad Auer, yes. Motion carried.
Doug Ochsner commented that he agreed with the theory behind the amendment,but felt it was too restrictive,
especially since the Berthoud Police Department may want to use the facility.
Kim Ogle said per the applicant's testimony, Staff moved to strike item 1.A., on page four, under prior to
scheduling the Board of County Commissioner's hearing, which references the National Skeet Shooting
Association and strike 1.B. entirely and possibly strike item 1.E. and then on page seven, item B.A., be
stricken per the Environmental Health Department the ISDS system was not proposed,it actually exists,it just
did not have a permit.
Tom Holton moved to delete item S.A., page seven, and renumber per Environmental Health Department
recommendations. Erich Ehrlich seconded. Motion carried.
Mr. Ogle then addressed page four, item 1.A., and said Staff initially asked for compliance with the National
Rifle Association, the American Trap Association and the National Skeet Shooting Association and asked if
that standard was still applicable given their recommendation to include only .22 caliber guns and muzzle
loaders. The Planning Commission replied that it was still applicable.
Tom Holton motioned to delete the National Skeet Shooting Association from item 1.A., page four. Roy
Spitzer seconded. Motion carried.
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Mr. Ogle then suggested removing references to the skeet fields and the danger zones associated with them,
but leave references to the National Rifle Association.
Roy Spitzer moved to amend the language, per Staff recommendations, in item 1.B., page 4, to read. 'The
applicant shall provide written evidence to the Department of Planning Services that the"Danger Zones"of
one hundred(100)yards by three hundred(300)yards is provided for trap fields as determined by the National
Rifle Association". Tom Holton seconded. Motion carried.
The Chair asked the applicant if he had read and agreed with the Development Standards and Conditions of
Approval. Mr. Green replied they can live with all but the Wednesday evening and Saturday closing and may
want to address that at a later date.
Doug Ochsner moved that Case USR-1569, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval. Erich Ehrlich seconded the motion.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Paul
Branham, yes; Erich Ehrlich,yes;Tom Holton, yes; Mark Lawley,yes; Doug Ochsner,yes; Roy Spitzer,yes;
Chad Auer, yes. Motion carried.
Tom Holton commented that he would like the Commissioners to revisit the hours of operation as he thought
they were still a bit too extreme.
Doug Ochsner said he would like to compliment the Gun Club for agreeing to such a good compromise.
Roy Spitzer said he thought so many of these cases cause land use conflict and he hoped that everyone
recognized these decisions were hard, that things were changing and that compromise was necessary.
Chad Auer commented that on this side of the county they were getting many land uses cases that were
difficult and they needed to continue working with neighbors to come to the best resolution as that was
primary.
Meeting adjourned at 9:30 p.m.
Respectfully submitted,
Th(51A...ar). h,c
Donita k
Secretary
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