HomeMy WebLinkAbout20071843.tiff RESOLUTION
RE: APPROVE 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.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board of County Commissioners held a public hearing on the 18th day of
July, 2007, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the
application of The Berthoud Gun Club, Inc., Attn: Mel Green, 20498 County Road 1, Berthoud,
Colorado 80513,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 on
the following described real estate, being more particularly described as follows:
Part of the NW 1/4/4 SW 1/4/4 of Section 19, Township 4
North, Range 68 West of the 6th P.M.,Weld County,
Colorado
WHEREAS, said applicant was represented by Mel Green, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present,studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and,having been
fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.1 --The proposed use is consistent with Chapter22 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(NCU-369). This
application will negate NCU-369.
1) Section 22-5-50.A(O.Goal 1)states, "Promote the location of park,
recreation, and open space areas in floodplain, seep areas,
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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." The application materials indicate the site
can support the proposed use,as the facility has been at its present
location since 1952. The 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 23-2-230.B.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 Use by Special Review
Permit for a Recreational Facility (uses including a shooting range), in the
A (Agricultural) Zone District.
c. Section 23-2-230.B.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 and 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
(3)residential structures within the five hundred(500)foot notification limits
and several additional residential structures predominately to the west and
south. The Conditions of Approval Development Standards will ensure
compatibility with adjacent properties.
d. Section 23-2-230.B.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."
1) Section 22-4-60 of the Weld County Code 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
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(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,"Section 25-12-109,C.R.S.,exempts
noise restrictions on sport shooting ranges." The Conditions of
Approval and Development Standards will ensure compatibility with
adjacent properties.
e. Section 23-2-230.6.5 -- The site does lie within the Floodplain Overlay
Districts. FIRM Community Panel Map 080266 0725 C, dated 1982,
designates the southern portion of the property, adjacent to the Little
Thompson River, as being in the floodplain. Effective January 1, 2003,
building permits issued on the subject site will be required to adhere to the
fee structure of the County-Wide Road Impact Fee Program. 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 Programs.
f. Section 23-2-230.6.6--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.
g. Section 23-2-230.B.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 the health,safety,and welfare of the
inhabitants of the neighborhood and County.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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 on the parcel of land described above
be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
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.
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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.
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.
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.
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.
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.
G All septic systems, including vaulted restroom facilities located on the
property,shall have appropriate permits from the Weld County Department
of Public Health and Environment. The Environmental Health Services
Division of the Weld County Department of Public Health and 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 and 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
system's 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.
H The applicant shall submit a Lead Management Program to the Department
of Public Health and Environment. It is recommended that the applicant
follow suggestions as outlined in The United States Environmental Protection
Agency reference manual"Best Management Practices for Lead at Outdoor
Shooting Ranges"at http://www.epa.gov/region2/waste/leadshot. Written
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evidence of compliance shall be submitted to the Department of Planning
Services.
The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department of
Public Health and 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 the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
J. 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.
K. 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.
L. 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 and demonstrating compliance
with the standards associated with shooting ranges of this type.
M. The applicant shall submit a Lighting Plan to the Department of Planning
Services for review and approval.
N. 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.
O. 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,
etcetera). The agreement and form of collateral shall be reviewed by County
staff and accepted by the Board of County Commissioners prior to recording
the plat.
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2. The Plat shall be amended to delineate the following:
A. All the pages of the plat shall be labeled USR-1569.
B. The attached Development Standards.
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 buildout.
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.
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 plat drawing shall indicate the type of right-of-way/easement and include
whether it is dedicated,private,or deeded to provide adequate access to the
parcel.
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.
F. The parking lot appears to have approximately 40 to 45 parking spaces
available. This parking is adequate for day-to-day use of the facility;
however,it will not be adequate fora large group event,as mentioned in the
application questionnaire. The applicant shall provide overflow parking
located adjacent to the north berm of the property off County Road 42.5,and
the overflow parking spaces will need to be identified and labeled on the plat.
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 a large group event. This area shall be delineated on the plat.
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 plat
drawing and follow Weld County requirements which state, "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(ADA).
The applicant shall identify the two (2) ADA spaces with the appropriate
symbols and signs.
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3. Upon completion of Conditions of Approval #1 and #2 above, the applicant shall
submit a Mylar plat, along with all other documentation required as Conditions of
Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. 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.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo
Coverages and Arclnfo Export files format type is .e00. The preferred format for
Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
5. The Use by Special Review activity shall not occur,nor shall any building or electrical
permits be issued on the property, until the Use by Special Review plat is ready to
be recorded in the office of the Weld County Clerk and Recorder.
6. Prior to issuance of a 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(1)acre in area. The applicant shall contact the Water Quality Control
Division of the Colorado Department of Public Health and 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.
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 the site.
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.
7. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
Weld County Board of Commissioners Resolution,a$50.00 recording continuance
charge may be added for each additional three (3) month period.
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The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 18th day of July, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORADO
/
ATTEST: )L1
��� >`""•�, - avid E. Long, Chair
Weld ounty Clerk to th_ _:.. .� 3� —
Pot /Li
William I- Jerk:, 'r.-Tem
�/�
BY: �,1 ,L.�:I QG2 �� i De ty Cl*k to the B.. d
W iam F. Garcia
AP AS,TO FO (ln\Y\- i
Robert D. Masden
t orney RECUSED
Douglas Rademacher
Date of signature: 8k/07
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SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THE BERTHOUD GUN CLUB, INC.
USR#1569
1. The Site Specific Development Plan and Use by Special Review Permit #1569 is for a
Recreational Facility(uses including a shooting range)in the A(Agricultural)Zone District,
as indicated in the application materials on file and subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
3. 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.
4. Events held at this facility are limited to one hundred twenty-five (125) persons.
5. 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.
6. USR-1569 shall be reviewed every ten years, per Section 23-4-370.A of the Weld County
Code.
7. 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.
8. All liquid and solid wastes,as defined in the Solid Wastes Disposal Sites and Facilities Act,
Section 30-20-100.5,C.R.S.,shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
9. 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, Section 30-20-100.5, C.R.S.
10. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
11. 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, etcetera, that may
exist on the site. The sign(s)shall disclose the names,address,and phone numbers of the
responsible party.
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12. 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, etcetera.
13. The applicant shall operate in accordance with the approved Waste Handling Plan.
14. The applicant shall operate in accordance with the approved Lead Management Program.
15. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
16. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the shooting range.
17. 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.
18. 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.
19. If applicable,the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
20. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
21. The historical flow patterns and runoff amounts will be maintained on the 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 runoff rate and velocity increases, diversions,
concentration and/or unplanned ponding of storm runoff.
22. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
23. 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.
24. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2003
International Building Code,2003 International Mechanical Code,2003 International Plumbing
Code,2003 International Fuel Gas Code,2005 National Electrical Code,and Chapter 29 of
the Weld County Code.
25. 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.
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26. 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.
27. 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
Chapter23 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.
28. Effective January 1, 2003, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
29. 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.
30. Dead or diseased plant materials shall be replaced with materials of similar quantity and
quality at the earliest possible time.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
33. 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 Programs.
34. "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.
35. Weld County Government personnel 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.
36. The Use by Special Review Permit 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
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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.
37. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards
may be reason for revocation of the Permit by the Board of County Commissioners.
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