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HomeMy WebLinkAbout20071845.tiff INVENTORY OF ITEMS FOR CONSIDERATION Applicant Berthoud Gun Club Case Number USR-1569 Submitted or Prepared Prior to At Hearing Hearing • 1 Staff Comments X N Department of Planning Services Field Check Form ' Planning Commissioner Spitzer Field Check Form Letter to Applicant N' Affadavit of sign posting N. Legal Notifications N, 2 Application X Maps N' Deed/ Easement Certificate a Surrounding Property/Mineral Owners N Utilities Na Surrounding Property Owners '' 3 Referral List X 4 Referrals without comment X N Berthoud Fire Protection District, referral received July 24, 2006 ' Town of Mead, referral received July 26,2006 ' Colorado Division of Wildlife, referral received July 30,2006 ' 5 Referrals with comments Weld County Code Compliance, referral received July 19, 2006 Weld County Sheriff's office, referral received July 26, 2006 ' Weld County Department of Public Works, referral received August 8, 2006 N. Town of Berthoud, referral received August 11, 2006 and September 8, 2006 N., Weld County Department of Building Inspection, referral received August 14,2006 Weld County Department of Public Health and Environment, referral received August 18, 2006 6 Surrounding Property Owners- Letters \' Letter of Opposition Jeff Riley, date of Letter September 28, 2004 Letter of Opposition on behalf of Little Thompson-County Line Homeowners Association from Jackson-Kelly Attorneys, date of Letter February 27, 2005 N Letter of response from Houtchens Houtchens& Greenfield, LLC representatives for the Berthoud Gun Club dated March 2,2005 EXHIBIT 2007-1845 Midi Letter of response from Berthoud Gun Club, date of Letter June 5,2005 Letter of Opposition Jeff Riley, date of Letter August 25, 2005 Letter of Opposition Jeff Riley, date of Letter October 17, 2005 Letter of Opposition Jeff Riley, date of Letter October 25, 2005 \ Letter of Opposition Carey Bond, date of Letter September 1, 2006 Letter of Opposition Jeff Riley, date of Letter September 3,2006 7 PC Exhibits Letter of Opposition Shawn and Dana Flynn, Date of Letter September 12,2006 A Amendment to Staff Comments, Item 2.B, Dev Std.#3,#5 Posting Certificate-Photograph and Affidavit (j o u,j-ti Correspondence received after Public Hearing • Letter from Michael Matthews,of JacksonKelly,Attorneys dated March 29, 2007 Electronic Mail from Robert Anderson,Town of Berthoud dated March 29,2007 Letter to Applicant requesting notice to proceed prior to June 1,2007, dated April 23, 2007 Letter from applicant dated May 17,2007 received electronically, requesting a hearing before the Board of County Commissioners I hereby certify that the 7 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commissioners hearing. Kim Ogle • lanner LAND USE APPLICATION SUMMARY SHEET COLORADO Case#: USR-1569 Hearing Date: September 19, 2006 Applicant: Berthoud Gun Club, Inc, do Mel Green, President Address: 20498 County Road 1, Berthoud, CO 80513 Request: A Site Specific Development Plan and a Special Review Permit for a Recreational Facility (Shooting Range) in the A(Agricultural)Zone District Legal: Part of the NW4 SW4 Section 19, T4N, R68W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 1; approximately 1/4 mile south of State Highway 56 Parcel Size: +/-9.6 acres Parcel Numbers: 1061-19-000002 & 1061-19-000003 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services'staff has received responses from the following agencies: • Town of Mead, referral dated July 20, 2006 • Berthoud Fire Protection District, referral dated July 24, 2006 • Colorado Division of Wildlife, referral dated July 30, 2006 • Weld County Code Compliance, referral dated July 19, 2006 • Weld County Sheriff's Office, referral dated July 26, 2006 • Weld County Department of Public Works, referral dated August 8, 2006 • Town of Berthoud, referral dated August 9, 2006 and September 8, 2006 • Weld County Department of Building Inspection, referral dated August 14, 2006 • Weld County Department of Public Health and Environment, referral dated August 16, 2006 The Department of Planning Services'staff has not received responses from the following agencies: • Big Thompson Soil Conservation District • Boulder County EXHIBIT USR1569: BERTHOUD GUN CLUB page 1 $b D I itotar SPECIAL REVIEW PERMIT Wl`Ig 0 • ADMINISTRATIVE REVIEW COLORADO Planner: Kim Ogle Case#: USR-1569 Hearing Date: September 19, 2006 Applicant: Berthoud Gun Club, Inc, c/o Mel Green, President Address: 20498 County Road 1, Berthoud, CO 80513 Request: A Site Specific Development Plan and a Special Review Permit for a Recreational Facility (Shooting Range) in the A(Agricultural)Zone District Legal: Part of the NW4 SW4 Section 19, T4N, R68W of the 6th P.M., Weld County, CO Location: East of and adjacent to County Road 1; approximately 1/4 mile south of State Highway 56 Parcel Size: +/-9.6 acres Parcel Numbers: 1061-19-000002 & 1061-19-000003 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services'staff that the applicant has shown compliance with Section 23-2-220 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) USR1569: BERTHOUD GUN CLUB page 2 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 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 Stormwater/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. USR1569: BERTHOUD GUN CLUB page 3 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. 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 Skeet Shooting 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 and the danger zone of three hundred (300) yards by six hundred (600) yards are provided for skeet 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 USR1569: BERTHOUD GUN CLUB page 4 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 Department of Planning Services. 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 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, 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 USR plat. (Department of Planning Services) USR1569: BERTHOUD GUN CLUB page 5 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 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) USR1569: BERTHOUD GUN CLUB page 6 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 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. (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. Prior to the issuance of the Certificate of Occupancy: A. An individual sewage disposal system is required for the proposed permanent outdoor 2-stool outhouse structure and shall be installed according to the Weld County Individual Sewage Disposal Regulations. Written evidence of compliance shall be submitted to the Department of Planning Services. (Department of Public Health and Environment) 9. 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) USR1569: BERTHOUD GUN CLUB page 7 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 no 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 muzzleloaders of any caliber 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 USR1569: BERTHOUD GUN CLUB page 8 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 handwashing 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 stormwater 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) USR1569: BERTHOUD GUN CLUB page 9 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 Stormwater/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 USR1569: BERTHOUD GUN CLUB page 10 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. USR1569: BERTHOUD GUN CLUB page 11 6::;,% DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 6kt 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 FAX: (720) 652-4211 hiDe COLORADO July 12, 2006 Berthoud Gun Club 20498 CR 1 Berthoud CO 80513 Subject: USR-1569- Request for a 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 on a parcel of land described as Part of the NW4 SW4 of Section 19, T4N, R68W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I have scheduled a meeting with the Weld County Planning Commission for September 19, 2006, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 4209 CR 24.5, Longmont, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. is the applicant's responsibility to comply with state statutes regarding notice to mineral estate owners. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant shall provide the Weld County Planning Department with written certification indicating the above requirements have been met. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Berthoud and Mead Planning Commission for their review and comments. Please call Berthoud at (970) 532-3754 and Mead at (970)535-4477 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Berthoud and Mead Planning Commission meeting to answer any questions the Commission members may have with respect to your application. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please call. rgespecffully, Kim O Planner PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS SEPTEMBER 8, 2006 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A RECREATIONAL FACILITY (SHOOTING RANGE) IN THE A (AGRICULTURAL) ZONE DISTRICT KIM OGLE Name of Person Posting Sign E Signaturtur eso �rson Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this 7 day of .5 hpf-2006. WITNESS my hand and official seal. WEN ES NOTgR;Ry'�,.2 Notary Public ,pp SMATEOFCOLORAC My Commission Expires: Oif EXHIBIT I r7B w € NOTICE Wlric A PUBLIC HEARING CONCERNING THIS PROPERTY WILL BE HELD AT: sw wad Coateth\h ininn Dept ,,, 4209 CR Z4s io►ront CO ON *It. Ici , 20Ob AT I'.30pm. ': NAME bfYIDIALj Gunn OW) - — Retreunonal naeilit � al EQUEST bkootino� Rayty" ' CASE NO. LASR- ISb9 91 ACRES . 10.01. FOR MORE INFORMATION CALL WELD COUNTY DEPARTMENT OF '' PLANNING SERVICES AT ( 970)353-6100 ext. ,' !. - - 09 / 08 / 2006 ftir l "4! _ I ' . .+ . w . \e _ _ _ __ } 09 / 0 . / . �-. -� -. - 09 / 08 / 2006 -` / i.111111111111111P11:-. . a • 09 / 08 / 2006 • If PI es ir 09 / 08 / 2006 �-A - �� _ 1 . -• . • . IIIi i 09/ 08/ 2006 C 1 ,t u •1 tS t �- - T_- ... i . t s. 2♦` ' 4-� •_ la.�.1` Ca ‘. --1-..- -+✓ �( -ter Q • '.l .� i01n rf.F J . Y_ w. t +7 � _T J . `Y r0... - V yr .... I f:: 4K ti._ i^" +l� �•' •, il '`- : c J.a�c yp �d� a ru,s"i 09 / 08 / 2006 i 1 „ I r ��• i % , - a— d yyi4i/ a a ..,,,,„..,,t..:. 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At ,' r 09 / 08 / 2006 i� • a. , . 1.. l• • r • - . • • • • eidt- • 09 / 08/ 2006 • (i..• ,!F . • altt " • sit e 4 ? 4 f � • r _ l  J n ? \ =�L• -•- - ._- �� 09 / 08 / 2006 09 / 08 / 2006 '.� . un• ,a .� ( .: . L , • C a , r I ' •r MSr. r1 ' . ,i,ill*, r .r11 ' '+ h:'r to 9itT 41 :P. . • • . MM n. All I 1/ ' G. fir. d" l" •C rw� ..: w- f,, It, �r i _ 'ij r '� p r r. ' j ppi �� 'r+ . ; 1r r i.t �yet� 1. .. 09 / 08 / 2006 . ik � \. -:Ol _•r It - r 1 , 41a _at ii 06 09 / 08 / 2006 F4 09/ 08/2006 7, . • • , t . S I • 4 • 09 / 08 / 2006 ----- tS T-i93n-- . ly' 4 1 411+4;: . 'r' 1 4 _�� ` 4 r filp,.l:� t [Still. ' 1 , - ill I ■ 1 ® Q ■ FIELD CHECK inspection date: , 2005 CASE NUMBER: USR-1569 APPLICANT: Berthoud Gun Club LEGAL DESCRIPTION: Part of the NW4 SW4 of Section 19, T4N, R68W of the 6th P.M., Weld County, Colorado. LOCATION: 0.5 mile north of CR 42; and east of and adjacent to CR 1. 2onma Land:Use N A(Agricultural) N Agricultural/Town of Berthoud Corporate Limits E A(Agricultural) E Agricultural/ Town of Berthoud Corporate Limits S A(Agricultural) S Agricultural/Residential W A(Agricultural) W Agricultural/Residential/Boulder County COMMENTS: • Site sits at the edge of an escarpment to the Little Thompson River. The facility is off of CR 1 a two lane paved road onto a graveled road that may be identified as CR 42.5. This road also serves as access to the Town of Berthoud Shooting Range immediately to the east of this facility and to the Larimer County Transfer Station improvements. The property is gated and fenced on the north side with split rail plastic to the the easternmost property corner or thereabouts. The east property line has a berm but no fencing. The southern edge of the escarpment has an eight foot good neighbor fence serving as a baffle from the noises associated with the skeet range. The western edge adjacent to CR 1 is also the split rail white fence material. Improvements on the upper most level of the site include a skeet and trap range,with automatic skeet throwers. The facility has recently installed overhead lights for evening shooting,this area has paved walks and recently installed berms with limited evergreens. There appears to be no rip-rap or hydroseed on berms to limit erosionary processes. The parking area is graded and graveled with area lots projecting off of the"clubhouse"building. There is a newly installed lavatory to the south of this structure in the southern portion of the parking area. There is an overhead metal frame"Berthoud Gun Club"with the date"1952"on steel posts with a double swing steel gate,limiting access during off hours. A second sign provides informational notices for public shooting times,outside of club hours. The facility is posted as a shooting range. There is a single track, unimproved access trail to the lower gun and bow ranges off of the southern edge of the parking area. There is no parking located in these terraced areas and the ability to turn around a vehicle appears to be problematic. The gun range has targets and a low rise berm to its east[2n°tier down from the escarpment improvements]. The bow range has several targets offset from each other and is located adjacent to the river corridor[third tier]. The property is fenced at this location with a three strand barb wire on metal stakes.There are no protective fencing,berming or other devices to limit errant arrows at this location. There are some structures in the immediate vicinity(of the 500 feet for notification for land use hearings), and perhaps many more affected by the users of this facility. The property is clean and no visible violations were documented. Kim le, tanner Hello