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Home My WebLink About20071859.tiff HEARING CERTIFICATION DOCKET NO. 2007-54 RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1569 FOR A RECREATIONAL FACILITY(USES INCLUDING A SHOOTING RANGE) IN THE A (AGRICULTURAL) ZONE DISTRICT - THE BERTHOUD GUN CLUB, INC. A public hearing was conducted on July 18, 2007, at 10:00 a.m., with the following present: Commissioner David E. Long, Chair Commissioner William H. Jerke, Pro-Tern Commissioner William F. Garcia Commissioner Robert D. Masden Commissioner Douglas Rademacher- RECUSED Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative, Kim Ogle Health Department representative, Char Davis Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated June 29,2007,and duly published July 4,2007,in the Fort Lupton Press, a public hearing was conducted to consider the request of The Berthoud Gun Club, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1569 for a Recreational Facility(uses including a shooting range)in the A(Agricultural)Zone District. Bruce Barker,County Attorney,made this a matter of record. Kim Ogle, 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 the site is located east of County Road 1, south of State Highway 56,and County Road 42.5 is adjacent to the northern perimeter of the property. He stated the property lies within the three-mile referral area for the Towns of Mead and Berthoud,and the Town of Mead indicated it had no concerns with the application. He further stated the Town of Berthoud responded the facility appears to comply with existing policies within that apply to this type of use. He gave a brief explanation of the surrounding property uses, and stated three residential structures are located within 500 feet of the facility. Mr. Ogle stated the facility has been in continuous operation since 1952, and presently offers several ranges for shotguns and handguns, including muzzle loaders;however,guns utilized for big game hunting are not allowed at the site. He stated several letters from members of the youth shooting programs were provided as a part of the application,and staff has not received any letters of support from law enforcement agencies. He further stated eleven referral agencies reviewed the application,and nine offered comments which have been addressed through the Conditions of Approval and Development Standards. Mr. Ogle stated several letters and telephone calls have been received from surrounding property owners,and the primary concerns include issues of compatibility,noise, hours of operation, property value, and safety. He stated the facility is designated as a Non-Conforming Use, as the facility was established prior to zoning designations, and the application addresses expansion of the use, specifically issues of compatibility and growth. He reviewed Conditions of Approval #1.A through #1.F for the record, and stated the items were 2007-1859 Pj_1913 fh : /2,// /71(___ ©-/.3 O 2 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 2 originally required to be addressed prior to scheduling a Board of County Commissioners hearing; however, the items are now required to be addressed prior to recording the plat. He stated Mel Green, President, Berthoud Gun Club,provided a letter,dated May 17,2007,which states the facility is working towards meeting the requirements. He further stated an active zoning violation exists on the property, due to expansion of the facility; however, approval of the application will correct the violation. Mr.Ogle displayed photographs of the site. Commissioner Rademacher recused himself from the hearing, due to personal involvement with the Berthoud Gun Club. In response to Chair Long, Mr. Ogle stated the violation originated from an expansion of the use, including multiple shooting events throughout the year, and the increase of the number of participants utilizing the facility. Char Davis, Department of Public Health and Environment,stated the facility is serviced with water from the Little Thompson Water District,and an outhouse handles the effluent flow. She stated the outhouse must be evaluated, and a Lead Management Program must be submitted. Don Carroll, Department of Public Works, stated access to the site is on County Road 1, which is a collector status road requiring 80 feet of right-of-way at full buildout. He stated the portion of County Road 1 adjacent to the facility has been annexed by the Town of Berthoud, as well as County Road 42.5, along the northern perimeter of the property. He stated the facility contains a gravel parking lot,with adequate parking for approximately 50 vehicles,and the facility is very clean and well kept. He stated overflow parking is available on the north side of County Road 42.5, if additional parking is necessary. Mr. Green represented the applicant and stated the Berthoud Gun Club is a nonprofit organization, which was established in 1952,and the primary focus of the shooting range includes the shooting sports of shotgun, .22 rifle, muzzle loading, and archery. He clarified the Club does not believe it has changed from the Non-Conforming Use originally permitted. He stated Berthoud Gun Club has 125 regular members,and the regular membership includes lake and fishing privileges,in addition to privileges at the shooting facility. He further stated memberships are available for trap only,which includes the use of archery, .22 rifle, muzzle loading, and shotgun shooting ranges. He stated approximately ten years ago the facility was deteriorating,and the fences surrounding the property were single loop cable,therefore,the site was easily accessed by outsiders. He stated the property has been fenced with a white vinyl fence and the berms and natural terrain have been enhanced, which makes it virtually impossible to access the property. He clarified the improvements to the facility have been completed for safety reasons, and no additional uses have been allowed. Mr. Green stated the facility was permitted with the hours of operation of 6:00 a.m. to 10:00 p.m., and the uses at the facility have never violated the hours of operation. He stated the gun club voluntarily cut back operations to cease at 9:00 p.m., even though many events take place in the evening hours. Mr. Green gave a brief explanation of the schedule of the various groups which utilize the facility on a regular basis, including 4-H Groups and the Amateur Trapshooting Association (ATA). He stated members of the club may utilize the facilities anytime an organized activity is not taking place. He explained the Larimer County Waste Transfer Station is located to the east of the site, and for safety reasons, the shotgun range is not utilized when the transfer station is in operation. He clarified the transfer station is in operation from 9:00 a.m. to 4:00 p.m. on Wednesdays and Saturdays; however, the other ranges do continue with activities when the 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 3 transfer station is in operation. He further stated a berm has been added to the perimeter of the .22 rifle range, which is at least 30-feet in height, and the placement of the new fence provides additional protection from sound. Mr.Green clarified the applicant's desire to be a good neighbor, and stated the facilities have been inspected by the Colorado Division of Wildlife and the National Rifle Association(NRA). He reiterated the facility caters to youth involved with 4-H programs,and stated the archery range is utilized approximately 80 percent of the time and the shotgun range is utilized approximately 40 percent of the time by the 4-H youth. He stated the gun club would like to continue the heritage as a place for families to come together, and a large need exists for a safe place to practice shooting sports. Mark Cousins, Hunter Education Coordinator,Colorado Division of Wildlife,stated he was requested by Mr. Green to address the youth shooting opportunities for hunter education students. Chair Long instructed Mr. Cousins to keep his comments solely about the program and it's relation to the gun club. Mr. Cousins stated it is difficult to determine the number of hunter education students which utilize the Berthoud Gun Club on an annual basis,since the club does not charge hunter education instructors for the use of the range. He stated a reimbursement program is in place for hunter education courses; however, the Berthoud Gun Club does not accept payment, and provides the necessary ranges as a community service. He stated one instructor graduated 480 students from the program, all of which utilized the Berthoud Gun Club. He gave an explanation of the skills all hunter education program students must demonstrate,and stated the program must be completed in order to participate in organized shooting events. Mr.Cousins stated all program instructors do receive range safety and live-fire training, and all classes are closely monitored with a five to one student/instructor ratio. He stated the hunter education program graduates approximately 17,000 students every year throughout the State of Colorado, and the area immediately surrounding the Berthoud Gun Club has graduated approximately 2,500 students,which depicts the importance for range access within the area. He clarified gaining range access has become extremely difficult within the Northern Colorado area,and several ranges within the vicinity have recently closed. He stated the program is currently facing a petition requiring mandatory certification for bow hunting, therefore, access to an archery range is extremely important for the program. Mr.Green referred to the document requesting changes to the Resolution,contained in Exhibit EE, and stated the applicant cannot meet the required specifications for skeet shooting;therefore,the use was removed from the application at the Planning Commission hearing. He reiterated the types of ammunition allowed at the facilities, and stated letters from the ATA and the NRA have been included for the Board's review, which he believes addresses the requirements contained in Conditions of Approval #1.A through #1.F. He requested a modification to Development Standard #3, to allow the facility to operate from 8:00 a.m. to 9:00 p.m., daily. He clarified the shotgun range would remained closed during the hours that the transfer station is in operation on Wednesdays and Saturdays. He explained many of the 4-H youth utilize the facilities on Wednesday evenings and all day on Saturdays. Mr. Green further requested the deletion of Development Standard #4, requiring the shooting range to be closed on holidays. He stated holidays are a prime time of when recreational facilities are utilized. He stated he does not understand Development Standard #5, and requested it be deleted. He read Development Standard#7 into the record and requested the words"on the .22 rifle range"be added before the words"with the exception of muzzle loaders." He clarified the site contains natural terrain,which 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 4 is divided into three levels,including the river level,which houses the archery range,and the other levels,which contain the rifle and shotgun ranges. Mr.Green stated Development Standards#33 and#34 are reasonable,as long as they do not supercede Colorado State law for shooting ranges. In response to Commissioner Garcia, Mr.Green stated no pistol shooting larger than .22 caliber is allowed at the facility, except for the muzzle loaders. Chair Long clarified with Mr. Green that he understands that rim fire at the facility will not exceed.22 caliber. Mr.Green reviewed a PowerPoint presentation for the Board, contained in Exhibit GG, and reiterated the facility is kept extremely clean,the fences on the property were installed in order to mitigate safety and sound concerns from the neighbors, and he believes the facility fully meets the required specifications. He clarified the Berthoud Police Department shooting range is located directly to the east of the property, and all types of artillery are shot at the range. Chair Long opened the public testimony to audience members who were present and would not be available to provide comments after the lunch break. He requested that public comments be kept concise and free of repetition. Dan Hooker,surrounding property owner,stated he is familiar with small weapons,and he supports the use of recreational weaponry, especially for peaceful purposes and peacekeeping purposes. He stated he purposely moved to Weld County when he retired,and he has owned his property for more than sixteen years. He further stated the operations of the gun club have expanded,and the improvements at the facility have been considerable. Mr. Hooker stated it is hard to determine whether most of the shooting noise comes from the gun club or the police shooting range. He stated he believes traffic on the area roads presents a larger safety concern than the shooting activities at the gun club. He further stated the area is scenic in nature, and the location is a comfortable place for the gun club to operate. He stated he understands development within the area will take place, which he supports; however, he would like to see the area stay rural in character. Zac Stamp, member of the Sharpshooters 4-H Club, stated the 4-H Club is dependent on the support of the Berthoud Gun Club. He stated the facility is well operated and clean,and he supports the club being able to continue operations. In response to Chair Long, Mr. Stamp stated if the Berthoud Gun Club did not exist, it would be over an hour drive each way to the nearest shooting facility. Heather August, certified archery instructor and officer with the Boulder County 4-H Leaders Council,stated she is professionally and personally passionate about youth development education and leadership,including firearms education. She further stated the Second Amendment allows the right to bare arms; however,there are no requirements within the amendment about understanding how to utilize firearms. She explained the average adult first comes into contact with a firearm upon ownership,after obtaining the proper permit,and she believes the keys to education are knowledge and practice. She stated many owners of guns are not able to practice due to the small number of establishments available to the public for practice,and due to intimidation at expensive gun clubs which are not female friendly. Ms.August stated the Berthoud Gun Club is family friendly and she personally is not intimidated to shoot at the club because there are always knowledgeable instructors to ask questions of. She stated the club is a benefit to the surrounding communities,and 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 5 she believes people need to be able to have a place to safely practice with firearms. She summarized it would be a shame if the club were forced to close its doors. Zack Bauer, member of the Sharpshooters 4-H Club,stated the 4-H Club was recently named the State champion in trap shooting. He stated the 4-H Club relies on the help provided by the Berthoud Gun Club, and he believes it is a very safe club. He further stated not all youth are interested in traditional sports like football and soccer, and shooting is a safe sport to learn. Harvey Bauer,certified shotgun instructor,stated he works with youth involved at the Berthoud Gun Club,and reiterated the club is an excellent facility with a very safe and rigorous program. He stated many youth are given an opportunity to learn organized sports that help them to mature and interact with other adults. He further stated many kids need a safe place where they can excel within a family atmosphere,and the club caters to youth. He stated he is very proud to be a part of the youth programs,and he believes it would be a shame to restrict the uses at the club or to force the facility to close. Pat Gettis,surrounding property owner,stated she is a new neighbor and has a great appreciation for the 4-H Program and the previously mentioned gun associations. She stated she is a resident of Larimer County, and she understands the tradition of the Berthoud Gun Club, and agrees that youth need to learn these skills. She further stated she has concerns with the hours of operation, due to the continual noise from guns being fired all day and evening long. She stated most of the other surrounding property owners have resided within the area for a longer period of time,and she stated growth is coming to the area. Ms. Gettis stated she is concerned about club members and program youth participants vying for shooting range time. She stated she would like a compromise to be reached concerning the hours of operation, and she prefers not to hear late night noise from the shooting range. In response to CommissionerJerke, Ms.Gettis stated she is not aware of the current hours of operation for the facility. Upon clarification, she stated she believes 8:00 a.m. is too early and 9:00 p.m. is too late for shooting activities to take place everyday. She further stated she understands the need to provide ample shooting time for the patrons of the club;however, it is extreme to allow shooting activities seven days per week,plus holidays. She stated she considers the current operational hours to be excessive,and she would not have purchased her property if she knew the operational hours were going to this excessive. Responding to Commissioner Masden, Ms. Gettis stated she purchased her property in December, 2006, she has lived on the site since June 1,2007,and her property is located at the same height as the gun club. She stated she does not believe she can accommodate the loud shooting noise should be allowed to continue seven days a week, since she prefers the quality of life found in rural settings. She summarized stating she believes allowing shooting for thirteen hours per day is too much. Steve Prentice,certified hunter education instructor,stated he personally taught over 450 students at the Berthoud Gun Club in 2006. He stated there are no other shooting opportunities within the immediate area, other than one expensive commercial gun club located within the City of Fort Collins. He further stated for students to shoot within an open area, the next closest place would be within the National Forest, which is over two hours away. Chair Long issued a recess and stated the Board will reconvene at 1:30 p.m. 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR#1569) PAGE 6 Upon reconvening,Nancy Frase, Frase Consulting Group,stated she represented 18 families living within the vicinity of the Berthoud Gun Club. She stated several of the surrounding property owners would like the gun club to be shut down, and some of the neighbors support the gun club and are even patrons of the club; however, all of the surrounding property owners represented desire to witness the gun club operated in a safe manner,and request that the gun club be required to fully comply with all regulations. She stated many of the complaints from the surrounding property owners are concerns with repetitive issues of non-compliance on the part of the gun club, which have placed distressing impacts on the neighbors of the facility. Chair Long instructed Ms. Frase to provide content which is applicable to support or oppose the application, and the history of the violation process should not be discussed at this hearing. Mr. Barker concurred with Chair Long; however, he stated Ms. Frase may address specific Development Standards which she believes the applicant is in violation of. Ms. Frase stated the improvements completed on the property have created environmental concerns which need to be addressed before the facility may be considered a safe facility. She stated the Berthoud Gun Club has been in existence since 1952, and many improvements have been made to the property, almost exclusively without County oversight, inspections,or permits. She stated the County's Land Use Code came into effect in 1972,at which time the facility was grandfathered as a Non-Conforming Use. Ms. Frase reviewed a history of the property,as listed in her outline, marked Exhibit II,and a PowerPoint presentation,marked Exhibit V,including the expansion of the property in 1975;the placement of a LarimerCounty landfill in 1979; the addition of an outhouse in 1991;the addition of new storage sheds in 1998;and the upgrade of cement and lighting in 2002. She clarified the lights located on the facility are visible from Interstate 25, which is over four miles away from the facility, and at the request of a surrounding property owner, the club installed hoods on the lights. She further clarified no electrical permits were obtained for the installation of the lights on the site, therefore, she believes the lights have never been inspected. Ms. Frase stated the necessary electrical upgrades for the outdoor lighting could not completed on the property until the Non-Conforming Use was recognized by the County. She explained Mr.Green submitted a Non-Conforming Use application,which certified the Berthoud Gun Club had not violated any conditions. Chair Long again instructed Ms.Frase to address violations occurring within specific Development Standards. In response to Chair Long, Mr. Ogle stated Development Standard#9 addresses the criteria and lighting standards on the site. Ms.Frase stated she does not believe the lighting on the site complies with Development Standard #9, since the light illuminates adjacent properties. In response to Chair Long, Mr. Barker stated the Board should hear issues regarding compatibility. He further stated the explanation of the previous violations by Ms.Frase is intended to prove to the Board that the applicant cannot be trusted to comply in the future. Mr. Barker requested all comments relate to the issues of compatibility and fulfillment of the Development Standards. Ms. Frase stated she is aware of issues at the facility that are potentially not environmentally sound, or are in opposition to current regulations. She further stated the neighbors have concerns regarding the lighting on the site,the sewer, and the lead management practices. In response to Ms. Frase, Chair Long stated the applicant will be required to uphold the current standards listed within the Resolution, including electrical codes and septic/sewer requirements. He clarified if any portion of the facility is found to be non-compliant through inspections,the applicant must bring the facility into compliance. Ms. Frase stated she is calling attention to the applicant's previous deficits because she believes the applicant has not previously shown compliance. Mr. Barker stated 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 7 portraying the history of the facility is not necessary to prove that the applicant is not meeting the required standards. Chair Long clarified the Board needs to be presented with information that will help in making a decision of approval or denial of the current application. Ms. Frase stated the excavation completed on the site, in 2004, is a huge concern for the surrounding property owners, due to concerns with drainage and blockage of the access road. Responding to Chair Long, Ms. Frase stated she has reviewed the application and draft Resolution,and she is trying to call attention to items which she believes are not addressed within the Resolution. Chair Long instructed Ms. Frase to explain how the concerns have not been mitigated to the satisfaction of the surrounding property owners. In response, Ms.Frase stated there is no language listed in the Resolution which addresses excavation on the site. Ms. Frase stated one of the concerns of the surrounding property owners is that the access to the ditch road is blocked. She stated another concern is the management of lead on the site, specifically lead entering the environment by runoff into the ditch water. She explained all lead and clay shots are considered a source of pollutant,and she does not believe the Clean Water Act has been adequately addressed by the applicant. She stated another concern is the excavation which was completed on the site without the proper permits and inspections,which leads to instability of the hillside. She further stated the excavation has created a blind corner for the ditch access road and has affected the drainage and erosion on the site. Chair Long stated the Resolution requires the Lead Management Plan be addressed,and in response,Ms. Frase stated the current practice of the applicant does not meet the required standards. She reiterated the applicant is in violation of the Clean Water Act, and further stated she does not believe the applicant's plan address the runoff of water from the site. She stated the recommendations of approval from the Department of Planning Services and the Planning Commission were both conditional upon the club providing proof of compliance with NRA safety standards; however, the proof was not provided by the applicant before the hearing,therefore,the recommendations did not stand since the applicant did not meet the required conditions. She clarified the applicant has been allowed to operate illegally for the past 20 months without meeting the required standards. Ms. Frase stated many of the complaints from surrounding property owners stems from the frequency and intensity of the shooting activities,both of which seem to steadily increase. She stated the property is also utilized for meetings,training sessions, and social events,and heavy machinery exists on the property to maintain the improvements. She further stated there has been a dramatic increase in use over the years, which raises concerns regarding limitations regarding hours of operation and number of people allowed on the site. She displayed the collective statements collected by the neighbors for the Board, which are also outlined in her memorandum. Ms. Frase stated the Weld County Code requires that firing ranges be reviewed every ten years to determine any incompatibility issues within the surrounding area. She stated a firing range should move out of a neighborhood residential area once development has grown up around it. She further stated the club should have the burden of justifying the right to remain in the area for the next ten years. She clarified the north and west boundaries of the property connect with the Growth Management Area for the Town of Berthoud, and the entire parcel resides within the cooperative planning area for the Town. She displayed a map of the area, and depicted the various recent developments within the area. She stated many of the lots have already been annexed into the Town of Berthoud,and several parcels are to be developed into high density residential uses within 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR#1569) PAGE 8 the next ten years. She summarized the growth anticipated within the area is too great to allow for approval of the USR permit for the Berthoud Gun Club, and the current level of activity and the proposed uses at the facility are not feasible for the surrounding area. Ms. Frase clarified a schedule of activity provided by the club states approximately 100 hours per month are set aside for specific activities at the club, and the unlimited use by regular members may add up to approximately 300 hours per month. She stated the proposed lighting on the site will increase the hours of availability by approximately 35 hours per month,therefore,the only quiet time left for the surrounding neighbors is in the middle of the night. She explained she believes the club feels entitled to utilize every moment possible for shooting activities, and the full schedule causes pain for the neighboring properties. Ms.Frase stated parking for the club has major concerns,and many times County Road 42.5 is utilized for parking. She stated the club does not have the land required to provide adequate buffer zones,and the request for variances is not a reasonable request,since County Road 42.5 is a public right-of-way; not a private road for the club. She further stated the applicant does not demonstrate good neighbor status due to the debris which rains down on surrounding properties, and 75 percent of the fall-out zone, as indicated by NRA specifications, encompasses the properties surrounding the club. She clarified ammunition can be launched as far as a mile, and the club states that high-powered rifles are not utilized; however, it cannot be confirmed in the future. She stated inexperienced youth utilizing the site provides a larger risk for bullets to escape and cause harm, and reiterated not enough land exists as a buffer zone. She further reiterated the facility will need to be reviewed every ten years, and at the Planning Commission hearing,the applicant indicated he was not aware of this requirement. She stated she doubts the club's ability to finance all of the required improvements,since the club has expressed it has a shortage of funds due to its non-profit status. She reiterated the request for full compliance with all County,state, and federal regulations if the application is approved,and if it is denied, she requested the proper reviews of the existing improvements take place,and that the club be required to return to the level of activity as approved in 1972. Neil Schaal,surrounding property owner,stated his brother lives downrange from the firing range, and the family has problems with the noise and lighting on the site. He stated he intends to build a home on the property he owns adjacent to his brother's property; however, he is now questioning if he wants to build near the gun club. He stated he understands the history of the Berthoud Gun Club,and visited the club as a child growing up. He further stated he remembers as a teenager that the club was only utilized during the summer and fall seasons, mostly during the weekends. He clarified a special turkey shoot would take place on holidays; however,the hours of the club were limited from approximately 9:00 a.m.to 4:00 p.m.during the week. Mr.Schaal clarified the club was a gravel range, non-members were not welcome unless they were accompanied by a member,and the club was not utilized by members of the Boy Scouts or 4-H Programs. He stated the wet area, formerly a part of the Rockwell Ditch, situated to the south of the club, has been filled in, and the archery range targets have been placed on top of the ditch right-of-way. He clarified his family maintains the ditch, and the archery targets make it difficult to complete the necessary work. He further stated a safety officer used to be stationed on County Road 42.5 to allow for the safe passage of traffic; however,with the addition of the embankments, it is impossible to see traffic to cease shooting operations. Mr. Schaal stated he has concerns with the way the .22 rifle range is situated and that there is no protection provided for young shooters to keep them from shooting straight into the air. He stated he also has great concerns regarding lead containment on the site, 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR#1569) PAGE 9 and the NRA recommends a Lead Stewardship Plan,which provides for the soil to be strained and replanted with non-edible grass. He reiterated shots are landing outside the boundaries of the club's property and the club is not abiding by the regulation to contain all shots within the boundary of the property. He stated he has issues with the noise and light emission associated with shooting activities stretching into the late evening hours. He summarized the operations at the club are not at the same level as when the facility was constructed, the community has grown up around the club,and there are now different expectations. He requested the Board deny the request to extend operations at the facility,and require the applicant to remove the existing improvements. He further requested the hours of operation be reduced, and that the applicant be required to address all industry standards. Jeff Riley,surrounding property owner, stated at the time he purchased his property,the club was providing shooting activities approximately four to eight hours per month. He clarified the surrounding property owners are not against gun usage, nor are they against the development of 4-H Programs. He stated the main issue is the recent growth of the club,and the neighbors would not be in opposition if the club had retained its original uses. He further stated he does not believe 85 percent of the club activities originate from youth participating in the 4-H Programs,and the main cause of the noise in the immediate vicinity is from shotgun activity. He clarified after the facility was upgraded with shooting lanes and lighting, there have been many instances of multiple guns shooting at the same time. He further clarified the rifle range is an additional use and was not originally a part of the facilities. He stated the only quiet time from the noise has been on Saturday mornings; however, with the addition of the rifle range, the quiet time has been taken away. Mr. Riley stated the development of a nearby property will bring an additional 810 families to the area, and it is unreasonable to allow the club to continue the uses in a residential surrounding. He clarified he believes the original use of the gun club was reasonable;however,the current uses and activities are not reasonable. Mr. Riley displayed a video clip, marked Exhibit JJ, depicting the noise generated by the facility. Richard Green,surrounding property owner,stated his property has been approved for development of 210 residential properties; however, the project has been stopped due to the lenders for the development feeling that the gun club is too noisy and dangerous. He stated he is required to remove 300,000 square feet of dirt to remove the lead shot before the property may be developed. He further stated he has owned his property longer than the club has been in existence,and he has lost several million dollars, since he has been prevented from developing the property. Harry Buckler,former educator at Berthoud High School,stated he also represents Colorado Youth Outdoors,which has a mission to get parents and students to spend quality time together through outdoor activities, including trap shooting. He stated a survey is completed at the end of each year and the shooting sports are the most well received. He further stated he has retired as a teacher; however, he is now a Program Manager for Colorado Youth Outdoors,which utilizes the Berthoud Gun Club facility, since there are no other facilities within the area. He stated over 500 students have completed the program in trap shooting sports since 2001. Mr. Buckler stated he is also a hunter education instructor for the Colorado Division of Wildlife,and he believes the club is a good facility to teach youth and adults how to properly and safely handle firearms. He clarified none of the participants has ever shot into the blue sky. He requested the Board approve the application to 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 10 allow the program the opportunity to continue. Chad Brunmeier, Larimer County resident,stated low cost recreation is hard to find in the area,and as shooting ranges are being forced to close, more people are utilizing public lands as shooting ranges, which creates large safety issues. He stated public lands do not provide backstops and shooters are not monitored and instructed in proper ways. He further stated the Pawnee National Grasslands are a prime location for unsupervised shooting taking place in Weld County. He stated shooting sports are organized and are one of the safest sports a youth can participate in, and the sport is growing among women and families. (Changed to Tape#2007-21). He clarified there is no shooting range located within Larimer County, and area residents would have to travel to the State of Wyoming for the next closest shooting facility,which is too far of a drive. He requested the Board allow the Berthoud Gun Club to remain in operation, as it will benefit participants for generations to come. Bob Mayer, Larimer County resident, stated he is in favor of allowing the Berthoud Gun Club to remain in operation. He stated many ranges in the local area and on a national basis have been lost within the past few years. He stated he used to work as a Business Manager for the International Hunter Education Association,and the trend of closed facilities is happening all across the United States. He stated shooting sports provide an economic benefit to the State of Colorado through the Pittman-Robertson Act, which is an excise tax charged on the sale of firearms and ammunition. He stated the tax proceeds fund wildlife conservation and habitat, and the proceeds have been decreasing due to the closure of shooting ranges. He stated the decision made today will affect the people which utilize the Berthoud Gun Club,as well as others who benefit from the excise tax. He clarified he would hate to see the club have to shut it's doors. There being no further discussion, Chair Long closed the public portion of the hearing. In response to the public comments provided, Mr. Green clarified the outhouse tank is not a new addition on the property, and it has been in place since 1960. He stated the improvements completed on the site were to facilitate safety at the facility, and he was not aware he needed to obtain a permit to move soil on the property. He further clarified he does not believe the facility has been in violation of the previously approved uses for the facility. He reiterated he has provided the required statements of safety from the NRA and the ATA. In response to Commissioner Masden, Mr. Green stated the archery targets are moveable, and he was not aware that an issue existed regarding the placement of the targets within the ditch right-of-way. He stated an additional culvert can be installed so that the property owners may have full-time access. Responding to Commissioner Garcia, Mr.Green stated the participants for shooting events are not typically on the site all at the same time. He stated ample parking is available for large events,and clarified only ten people may shoot at one time during trap shooting events. He clarified only 30 participants, plus volunteer staff,would be located on the site at any given time during a large event. He further stated having people available to direct the parking will be a priority for the facility. Further responding to Commissioner Garcia, Mr.Green stated the ammunition utilized for skeet shooting does not travel as far, and the berms take a direct shot, therefore, there is no fallout. He clarified the range is designed for fallout to the east. 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 11 In response to Commissioner Jerke, Mr. Ogle stated the required review of the facility every ten years is required through Section 23-4-370.A of the Weld County Code, and is addressed within Development Standard #8. Further responding to Commissioner Jerke, Mr. Ogle stated a substantial change must exist within one-half mile of the permitted facility, and he read Section 23-4-370.A into the record. He further stated the Department will notify the applicant of the review, and it is the responsibility of the applicant to provide evidence that demonstrates a substantial change has not occurred within the surrounding environment. He stated the facility will be flagged within the database for the Department of Planning Services, and staff ten years from now will be notified that a review of the facility is necessary. Responding to Commissioner Jerke, Mr. Green clarified the facility was permitted to operate from 6:00 a.m. to 10:00 p.m. from the approval granted in 1952; however, not all of the hours were utilized. He stated the facility courteously decided to have activities cease by 9:00 p.m. daily. He further clarified there are only two trap lanes located on the site and most of the noise from the .22 rifle range is mitigated by the berms and fencing. He stated the biggest demand for shooting range time is after traditional work hours,particularly in the evenings. Responding to Commissioner Masden,Mr.Green reiterated the evidence required for Conditions of Approval#1.A through#1.F has been included in the packet submitted to the Board. In response to Commissioner Masden, Ms. Davis stated the Clean Water Act is a federal act,governed by the Environmental Protection Agency(EPA). She further stated Development Standard#10 also address waste on the site and groundwater contamination. Further responding to Commissioner Masden, Ms. Davis stated shot leaving the property boundaries will be included in the Lead Management Plan, and it should not be happening on the site. In response to Chair Long, Mr. Ogle stated the Department of Planning Services has not been presented with a copy of the documentation provided which addresses Conditions of Approval#1.A through#1.F. Chair Long stated it was presented in public testimony that the facility is not able to satisfy the safety demands and requirements; however, he understands some shooting activities were removed from the application. In response, Mr. Green stated it is important to have the shooting ranges open for public shoots in order to earn funds to complete the necessary improvements to the site. He stated the statements provided by the NRA and the ATA state the facility is a safe environment, therefore, he believes the Conditions have been mitigated. In response to CommissionerJerke, Mr. Green stated late evening is the most popular time of day to utilize the facilities; however, some officers of the Colorado State Patrol utilize the range in the morning hours. He clarified public shoots are mostly conducted on weekends and holidays. Responding to Chair Long, Mr.Green reiterated the Berthoud Police Department shooting range is located immediately south of the Berthoud Gun Club,and he is not aware of the hours of operation; however, the facility does produce shots of excessive noise. Commissioner Masden stated his concems regarding the hours of operation,and added he believes the neighbors need quiet hours at night,therefore, he suggested the hours be reduced to 8:00 p.m. Chair Long stated if the police facility is not held to a specific time standard,limiting the hours of the gun club does not make sense. Commissioner Jerke proposed the hours of operation be from 12:00 p.m. to 8:00 p.m., Sunday through Friday, and 8:00 a.m. to 8:00 p.m. on Saturdays. In response, Mr.Green stated the ATA shooting events do not take place on Saturday mornings,due to the restriction of the site when the nearby transfer station is in operation. He stated the majority of the revenue generated is on Sundays, especially Sunday mornings. Commissioner Jerke 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR#1569) PAGE 12 clarified the schedule of shooting events at the facility may need to be modified to meet the hours of operation to be approved by the Board. In response to Chair Long, Mr. Green stated activity usually commences around 8:00 a.m.on Sunday mornings, and he reiterated the range is closed on Saturday mornings until the transfer station has completed operations. Commissioner Masden stated he does support the provision for shooting activities to begin at 8:00 a.m. on a Sunday morning, due to the concerns of the neighbors. Following lengthy discussion between the Board and Mr. Green,the Board concurred with the hours of operation to be from 12:00 p.m.to 8:00 p.m., Monday through Friday;8:00 a.m.to 8:00 p.m.,Saturday;and 9:00 a.m.to 6:00 p.m.,Sunday. Chair Long stated he supports shooting activities on holidays, and Commissioner Jerke concurred with Chair Long and stated Development Standard#4 should be deleted. Following discussion between the Board and Mr.Green,CommissionerJerke moved to amend Development Standard#3 to state: "Hours of operation shall be from 12:00 p.m. to 8:00 p.m., Monday through Friday; 8:00 a.m. to 8:00 p.m., Saturday, and 9:00 a.m. to 6:00 p.m., Sunday. Hours of operation for recognized holidays shall be 8:00 a.m. to 8:00 p.m., excluding Sunday holidays, which shall remain 9:00 a.m. to 6:00 p.m.",and to delete Development Standard#4. Commissioner Garcia seconded the motion, and it carried unanimously. Commissioner Jerke stated Development Standard #5 is irrelevant since most of the staff at the facility are volunteers, and he moved to delete Development Standard#5. Commissioner Garcia seconded the motion,which carried unanimously. Chair Long suggested Development Standard#7 be modified to state:"There shall be no firearms of any caliber over the caliber of.22 on the.22 rifle range, with the exception of muzzle loaders, per 4-H regulations, used at this facility at any time," and the Board concurred with the request. In response to Chair Long,Mr.Ogle stated Development Standards #33 and #34 are standards found within the Weld County Code and any federal standards applicable to the facility will take precedence over these Development Standards. In response to Chair Long, Mr. Green stated he has reviewed, and concurs with, the Conditions of Approval and Development Standards, as previously modified. Commissioner Jerke moved to approve the request of The Berthoud Gun Club, Inc., for a Site Specific Development Plan and Use by Special Review Permit#1569 for a Recreational Facility (uses including a shooting range) in the A (Agricultural) Zone District, based on the recommendations of the 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 Development Standards#3 and#7,and the deletion of Development Standards#4 and#5. Commissioner Jerke stated he fully supports the application, especially since the facility will be reviewed again in ten years, as required. He acknowledged that times are changing and there has been steady growth in the area, and he encouraged the applicant to seek out other possible locations for future use. He clarified he supports the use at the current location;however, he believes the applicant will eventually need to obtain another site in the future. The motion was seconded by Commissioner Masden, and he stated he understands development is happening within the area. He further stated he understands the club holds non-profit status and operates on a shoestring budget,therefore,there will be tough decisions to make in the future. Commissioner Garcia expressed his appreciation to the surrounding property owners for their testimony on both sides of the issue, and stated positive interaction between the neighbors and the applicant will strengthen the applicant's efforts to remain a good neighbor,as well as bring the community closer. 2007-1859 PL1913 HEARING CERTIFICATION - THE BERTHOUD GUN CLUB, INC. (USR #1569) PAGE 13 He further stated a recreational facility should bring a community together and act as a showcase for the community. Chair Long concurred with Commissioner Garcia and stated he understands that all parties do not get exactly what they want. He stated he supports the efforts of the Berthoud Gun Club,and he hopes the opportunity arises for another range to open within north Weld County. There being no further discussion,the motion carried unanimously,and the hearing was completed at 3:15 p.m. This Certification was approved on the 23rd day of July 2007. APPROVED: Ell,,,e) BOARD OF COUNTY COMMISSIONERS � � WCO N GQLORADO ATTEST: �l�neu! { �f�•'�: 432�� EX ED DAT PROVAL David E. Long, Chair Weld County Clerk to thi`a�� ♦ net EXCUSED DATE OF APPROVAL BY: Willia{n�Ht Jer o Tem t rJ /CrG(�/,l/f�I�I1 L � De�� ty CI- to the Boar . I Willia m F. Garcia TAPE #2007-20 and #2007-21 Robert D. asden DOCKET #2007-54 RECUSED Douglas Rademacher 2007-1859 PL1913 EXHIBIT INVENTORY CONTROL SHEET Case USR #1569 -THE BERTHOUD GUB CLUB, INC. Exhibit Submitted By Exhibit Description A. Planning Staff Inventory of Items Submitted B. Planning Commission Resolution of Recommendation C. Planning Commission Summary of Hearing (Minutes 09/19/2006) D. Clerk to the Board Notice of Hearing (Filed under Legals) E. Jackson Kelly, PLLC Letter requesting Notification, dated 03/29/2007 F. Planning Staff E-mail from Town of Berthoud, dated 03/29/2007 G. Planning Staff Letter to Applicant re: Status request, dated 04/23/2007 H. Applicant Letter requesting to proceed with BOCC hearing, dated 05/17/2007 I. Dick Persons E-mail of Opposition, dated 05/30/2007 J. Bill Geddes E-mail of Opposition, dated 06/05/2007 K. CTB Staff E-mail re: Waiver of Scheduling Deadline, dated 06/05/2007 L. Jeff and Julie Riley Letter of Opposition, dated 05/30/2007 M. Doris Birdwell Letter of Opposition, dated 05/30/2007 N. Richard Green E-mail of Opposition, dated 06/07/2007 O. Mike and Joan Nienaber Letter of Opposition, dated 06/05/2007 P. Katie Riley Letter of Opposition, dated 06/02/2007 Q. Dawne Green E-mail of Opposition, dated 06/10/2007 R. Jennifer Flaherty E-mail of Opposition, dated 06/10/2007 S. Karen Chilson E-mail of Opposition, dated 06/15/2007 T. Neil Schaal E-mail of Opposition, dated 06/18/2007 U. Applicant E-mail waiving 45-day Scheduling Deadline, dated 06/20/2007 V. Nancy Frase/Frase Consulting Group E-mail and PowerPoint Presentation, dated 06/21/2007 (also contains CD) W. Larry Bebo Letter of Opposition, dated 06/20/2007 X. Bruce Larson Letter of Opposition, dated 06/14/2007 Y. Joy Larson Letter of Opposition, dated 06/12/2007 Z. H. Markham E-mail of Opposition, dated 06/29/2007 AA. Roger Seat E-mail of Opposition, dated 07/02/2007 BB. David and Maryanne Mesple E-mail of Opposition, dated 07/10/2007 CC. Phillip Vasquez Letter of Support, dated 07/17/2007 DD. Jim and Kerry Sewczak Letter of Support, dated 07/16/2007 EE. Applicant Supporting documents, received 07/17/2007 FF. Planning Staff Sign posting certificate and photo GG. 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