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Home My WebLink About20061627.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500400 AGAINST BERTHOUD GUN CLUB, C/O MEL GREEN FOR VIOLATION OF THE WELD COUNTY CODE 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,Berthoud Gun Club, c/o Mel Green,VI#0500400, is allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 20th day of June, 2006, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Berthoud Gun Club, c/o Mel Green, was not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to refer said violation back to the Department of Planning Services, due to the property owners submitting a Use by Special Review application, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado,that VI#0500400 be, and hereby is, referred back to the Department of Planning Services. 2006-1627 PL0824 00 : PL, W o c_ pi) ---aq VIOLATIONS - VI #0500400 - BERTHOUD GUN CLUB, C/O MEL GREEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of June, A.D., 2006. IE L A BOARD OF COUNTY COMMISSIONERS ELD Cs / TY, COLORADO ATTEST: �• i!I . . eile, Chair Weld County Clerk to the B, I 1'4 , /�„ � David E. Long, Pro-Tem Un BY: `�flt� De ty Clerk o the Boardi fr WI • H. Jerke �M APP D AS M \�✓� w k U` 11 Rob-rt D. Masden qI C n F ney 4 i (...p��r� I Glenn Vaad � Date of signature: �2K��C 2006-1627 PL0824 Weld County Violation Summary Compliance Officer, Bethany Salzman BASIC INFORMATION Property Owner: Berthoud Gun Club c/o Mel Green (President) Violation: VI-0500400 Situs Address: 20498 CR 1, Berthoud, CO 80513 Mailing Address: 3561 Stagecoach Rd North, Longmont, CO 80504 Legal: Part of the NW4SW4 of Section 19,T4N, R68W of the 6th P.M., Weld County, Colorado Location: East of and adjacent to CR 1 North: Berthoud Town limits South: Agricultural zoned properties with residential uses East: Agricultural zoned properties with residential uses West: Larimer County Parcel Number: 1061-19-0-00-002 Acreage: 5.38 +/-Acres 1061-19-0-00-003 4 +/-Acres Certified mail date: April 28, 2006 Received: May 3, 2006 (Mel Green) May 3, 2006 (Mark Simon) May 5, 2006 (Michael Hall) Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30, 23-3-40 and 23-3-40.N of the Weld County Code. REMEDY To bring the property into compliance a Use by Special Review application shall be completed and submitted to the Department of Planning Services for the expansion of NCU-369. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's Office for immediate legal action. CASE HISTORY November 1, 2005 Jacqueline Hatch, Planner conducted initial inspection. November 27, 2005 Initial complaint received. November 22, 2005 Received letter from Mel Green (President, Berthoud Gun Club). November 28, 2005 Mel Green faxed a copy of their original NCU application. 2006-1627 • Berthoud Gun Club Page 2,VI-0500400 November 29, 2005 Kim Ogle sent letter regarding staff's determination of requirement for expansion of a NCU. February 6, 2006 Mel Green called in. Kim and I returned his phone call. February 7, 2006 Violation letter issued. February 16, 2006 USR application submitted to the Department of Planning Services. April 10, 2006 Kim sent letter outlining what materials were missing from the USR application submittal packet. April 10, 2006 USR application returned to applicant. April 28, 2006 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. May 25, 2006 Letter re-sent to property owner indicating that the violation case was re- scheduled before the Board of County Commissioners. DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10T" Street TTT_ GREELEY, CO 80631 Website: WWW.CO.WELD.CO.US 1111 D C E-mail Address: bsalzman(a�co.weld.co.us O PHONE: (970) 353-61 00, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 May 25, 2006 MR. MEL GREEN, PRESIDENT 3561 STAGECOACH RD NORTH LONGMONT, CO 80504 MR. MICHAEL HALL 520 WILFRED RD BERTHOUD, CO 80513 MR. MARK SIMON 4221-A, SOUTH MASON ST FORT COLLINS, CO 80524 ****CORRECTED**** Subject: VI-0500400 and NCU-369, Part of the NW4SW4 of Section 19, T4N, R68W of the 61h P.M., Weld County, Colorado Dear Mr. Green, Mr. Hall and/or Mr. Simon: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on:14e .02bU4,at 10:00 a.m.,instead of the 13th, to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article Ill, Div 1 "A(Agricultural) Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.N "Expansion or extension of Nonconforming Uses." To bring the property into compliance: As we have previously discussed, staff's determination regarding the expansion of your Nonconforming Use (NCU-369) necessitates a Use by Special Review application to be completed and submitted to the Department of Planning Services. It is my understanding that Kim Ogle, Planning Manager has requested additional information in order to process your USR application. For questions, I suggest you speak to one of our "On-Call" Planners. To better serve the public,we have 2 locations open. Our North office is located Mr.Green,Mr.Hall and/or Mr.Simon Page 2,VI-0500400 at 918 10th Street, Greeley, Colorado. At our North office,an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: VI-0500400 NCU-369 Kim Ogle, Planning Manager Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 91 8 10T" Street GREELEY, CO 80631 ' Website: WWW.CO.WELD.CO.US C E-mail Address: bsalzman(o�co.weld.co.us O PHONE: (970) 353-6100, Ext. 3555 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 April 28, 2006 MR. MEL GREEN, PRESIDENT 3561 STAGECOACH RD NORTH LONGMONT, CO 80504 MR. MICHAEL HALL 520 WILFRED RD BERTHOUD, CO 80513 MR. MARK SIMON 4221-A, SOUTH MASON ST FORT COLLINS, CO 80524 Subject: VI-0500400 and NCU-369, Part of the NW4SW4 of Section 19, T4N, R68W of the 6th P.M., Weld County, Colorado Dear Mr. Green, Mr. Hall and/or Mr. Simon: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on June 13, 2006, at 10:00 a.m., to consider the violations occurring on the property. The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.N "Expansion or extension of Nonconforming Uses." To bring the property into compliance: As we have previously discussed, staff's determination regarding the expansion of your Nonconforming Use (NCU-369) necessitates a Use by Special Review application to be completed and submitted to the Department of Planning Services. It is my understanding that Kim Ogle, Planning Manager has requested additional information in order to process your USR application. For questions, I suggest you speak to one of our "On-Call" Planners. To better serve the public,we have 2 locations open. Our North office is located Mr.Green,Mr.Hall and/or Mr.Simon Page 2,VI-0500400 at 918 10th Street,Greeley, Colorado. At our North office,an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. - The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation,and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, �1 ≥ 0 0 ED ▪ o O n 2 Bethany Salz n • • W D a Zoning Compliance Officer II F pc: VI-0500400 w _ . o -. To g rq NCU-369 H e a ci m cm Kim Ogle, Planning Manager 2 4 E a — R Department of Planning Services • ` z 0 m Bruce Barker, County Attorney w 1 I t s L) T y 2 •2 i" o H m - m O S +...., ifi U.S. Postal Servicerr. _re - a - H CERTIFIED MAIL,., RECEIPT J > .2002E :a in 0 (Domestic Mail Only;No Insurance Coverage Provided) ' - ¢ w ¢ ..D cc a] u .4 )C en d of e rR E `F•r•elivery inf•rmati•n visit•urwe•site at www.us•s.c•m..; rl e r` m rt o- i ,lie, pit Z' `a,= 6 y kith. 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F'. fV m�❑ J r a Q ` u, - W « W y E 0 fJ Tr x U • .O N U d m O r m �' c E « E W m e r' 6 a 4' U. - 1 m ym per- • « �jCm %Q E Ua P T o Na Q M1 m¢ 0t,.,« a F-IH O o cDnc �.2o Q '£ 3 xz � t+l• ilt -1 2 u'5 ¢ U w « 0cm F m,, E E m o v 6 a � � t m ❑ ❑❑ M10 `o rd rNn rWG u-u E .m - _ ≥ tr'I er ■ ■ ■ tv aa - to S .._. a m m k a • 8 r r > 41 I� N -2131-R mu > m f .$ c 0 C 0 g al U m Q F.. 0 G 0 h ' 2 ❑ ❑ z C 8 U.S. Postal Service„n • a`X m d acc 0 c o CERTIFIED MAIL,, RECEIPT ...0.-1 % C (Domestic Mail Only;No insurance Coverage Provided) ♦ rl cr.2 F•r •elivery inf•rmati•n visit•ur we•site al www.us•s.c•m:> m d 2 0 E m ra r. ( my p t 1 E ` rp" 8 § Oeit- E ci t m o.E H d w N Postage $ 8••1)" _ a . O Certified Fee a°ivco« Zco ci Q 0 ?„Et y O Return Receipt Fee Postmark y t7 0 o is m 6 p •o (Endorsement Required) Here livery Fee @ 0 m"a m p x U I r 01 - (Endorsement Required) — ti N CEa ,t"' H rn ei 2 I-R m N 'a 0 y O H Total Postage&Fees $ • E c E cPt $ rn a i in • m N W A ld C N ^ - m 0 E 1- 0 ent o C a¢ 9 3 t m 0 C4 d v E �' co MR. MICHAEL _HALL------------------ ------------ . m w p,"t om' Q __II H z CO 3`ireet APt lJa.: E E c« 85 v N a m °rPo8"Na520 WILFRED RD ▪ O to'.7 0 c 0 C ' `0 e2 E E City.State,nvw C.)r=a 0< 0 Q r Q t_ _ BERTHOUD CO 80 1 W of a PS Form 3600.June 2002 See Reverse for Instructions. LA co DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 ' LONGMONT, CO 80504 koqlea)co.weld.co.us C. PHONE (720) 210, Ext. 8730 FAX�720)652-4211 COLORADO April 10, 2006 Mel Green 3561 Stagecoach Road North Longmont, CO 80504 Michael Hall 520 Wilfred Road Berthoud, CO 80513 Mark Simon 4221-A, South Mason Street Fort Collins, CO Subject: Resubmittal of Site Specific Development Plan - Use by Special Review application Dear Messers. Green, Hall and Simon: The Department of Planning Services reviewed the submitted documents for the above referenced land use permit and found there to be several issues that required further action by representatives of the Berthoud Gun Club. In a letter dated March 1, 2006 from the Department of Planning Services to Mr. Green, sent via USMail, staff outlined these concerns and outstanding issues to be resolved prior to resubmitting the application. Staff has not received an amended application as of this date. Given that staff has determined this land use activity is a violation case, staff is requesting an approved amendment be submitted, and received for processing prior to the close of business on Friday April 28,2006. Should this application not be deemed complete and in hand for processing, a violation hearing will be scheduled before the Board of County Commissioners on Thursday May 9, 2006. Should you have any questions or need further information, Bethany Salzman or myself may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planning Manager Enclosure:Letter of March 1,2006 File: NCU-369 VI-0500400 ec: B.Barker,Attorney's Office B.Salzman,Code Compliance a DEPARTMENT OF PLANNING SERVICES Planning Division SOUTHWEST OFFICE 'D4209 CR 24.5 WI D LONGMONT, CO 80504 C. PHONE: (720)652-4210, Ext. 8747 FAX: (720)652-4211 COLORADOarm ��d u-e 1a�1►� EA SP() March 1, 2006 Mel Green Berthoud Gun Club, Inc. 20498 County Road 1 Berthoud, CO 80513 Subject: Determination of a Complete Application - Comments Dear Mel: The Department of Planning Services has reviewed the submitted materials and have determined that additional information may be required or amended per the submitted documentation. An itemized list follows: ❑ Affidavit of Minerals and/or Surface Owners Interest Mineral Ownership requires proof of ownership. The general statement that"Berthoud Gun Club" owns is not acceptable. ❑ The Site Specific Development Plan and Use By Special Review Questionnaire requires refinement. The application is for a USR. The issue of the NCU does not readily come into play as it is only for information. Further, the Berthoud Gun Club has not been approved for anything,the establishment of the Non-Conforming Use only sets the record. Try to tell you story and not place statements in that state "the uses were approved by Weld County (NCU-369). ❑ Speak to users of facility and provide written evidence of testimonials, for groups, for law enforcement, et cetera. ❑ Application states a Landscape Plan will be submitted at a later date. Staff requests that these documents be placed in the record now. ❑ You may consider adding the documents associated with the NCU as a separate stand alone document in addition to the USR application materials. ❑ This office requires original signatures on all documents including the Certificate of Conveyances. ❑ Conveyances describe the NW4 SW4 19-4-68, however the Berthoud Gun Club is sited on two parcels with similar descriptions. Please make certain the legals match each individual lot. ❑ The 24 x 36 inch USR map(s) should reflect existing conditions, including light standards and placement of all lights. ❑ All other structures, operations and uses identified as"future"should also be placed on the drawing. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. • Sincerely, Kim Ogle Planning Manager ec: B.Salzman,Code Compliance File:Berthoud Gun Club, Inc DEPARTMENT OF PLANNING SERVICES Compliance Division NORTH OFFICE 918 10TH Street GREELEY, CO 80631 IlDWebsite: WWW.CO.WELD.CO.US E-mail Address: bsalzmanco.weld.co.us Q PHONE: (970) 353-610O, Ext. 3555 FAX: (97O) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-421 O, Ext. 8730 FAX: (72O) 652-4211 WELD COUNTY kP ZONING VIOLATION NOTICE �u.Y ` tfy February 7, 2006 MR. MEL GREEN, PRESIDENT BERTHOUD GUN CLUB PO BOX 34 BERTHOUD, CO 80513 Subject: NCU-369, Part of the NW4SW4 of Section 19, T4N, R68W of the 6`" P.M., Weld County, Colorado Dear Mr. Green: The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s)of the Weld County Code: Chapter 23, Article Ill, Div 1 "A (Agricultural)Zone District" Section 23-3-20 "Uses allowed by right." Section 23-3-30 "Accessory uses." Section 23-3-40 "Uses by special review." Section 23-3-40.N "Expansion or extension of Nonconforming Uses." To bring your property into compliance with the Weld County Code: As we have discussed, staff's determination regarding the expansion of your Nonconforming Use (NCU-369)necessitates a Use by Special Review application to be completed and submitted to the Department of Planning Services. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public, we have 2 locations open. Our North office is located at 918 10`h Street, Greeley, Colorado. At our North office, an"On-Call"Planner is available,Monday thru Thursday from 7:30 a.m. - 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m. -4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. Berthoud Gun Club Page 2,VI-0500400 It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from February 8, 2006, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer II pc: VI-0500400 NCU-369 Department of Planning Services Bruce Barker, County Attorney _ t 'Urgent Cr Date Z - • Q Time 3 4 While You Were Out M Ae,j C aen Of Phone 1-J,O - U ret — ZZ l D REA CODE NUMBER EXTENSION 'i l Pfease.Call U WiwCah Again U 5 t tiecai •1 CHTatSee..YouQ Message itt (1. U %(Z Cat Vw clu4j t NCU —3(061 1b r.N p 1-I e N( i kA r) Ono gXL9-r for 1--octak-kr tic c \1 fst.u%o v,tA 1- n-APLoi vv- kwo ,igned 9711 E ADAMS BUSINESS FORMS DEPARTMENT OF PLANNING SERVICES Planning Division NORTH OFFICE WI I 918 10TH Street GREELEY, CO 80631 Deo kman@co.weld.co.us bsalzman@co.weld.co.us PHONE: (970)353-6100, Ext.3540 FAX: (970) 304-6498 COLORADO SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext.8730 FAX: (720)652-4211 November 29, 2005 • Mel Green, President Berthoud Gun Club 20498 County Road 1 Berthoud, CO 80513 Mark Simon, Secretary Berthoud Gun Club Post Office Box 34 Berthoud, CO 80513 Subject: Expansion of Use, Berthoud Gun Club, NCU-369 Dear Messers. Green and Simon: The Department of Planning Services established a Non-Conforming Use designation for the facility identified as the Berthoud Gun Club, Incorporated in July 2003 at the request of Mel Green, President. Staff established a case file for the property described as part of the NW4 SW4 of Section 19, T4N, Range 68 West of the 6t P.M. located on two parcels of land of 5.38 and 4.22 acres in size having a parcel identification number of 1061-19-000002 & 1061-19-000003 respectively. Mr Green set the record by stating that the property has been used as a shooting range(Trap,skeet,Archery, Muzzle Loading, Pistol and Rifle) since 1952 when the property was first purchased. According to your records, a clubhouse building was constructed in 1960. Further, Green states the property is joined by the Town of Berthoud's Police and Fire Department rifle and pistol training and practice range on the eastern edge of the property, whereas trap shooting occurs under the lights. As recently as November 2, 2005 the Code Compliance Division of this office attempted to contact your organization requesting additional information on the light structures. Ms Salzman stated in her letter to Mr. Green "I need some clarification on the [on-site] lighting. When was your current lighting installed on site. What is the wattage. What type of light fixture was replaced by these new standards and has the number of lights increased since 1972. This office again requests documentation from you specific to this request. Please be advised that this office has received a dramatic increase in the number of complaints specific to this facility. The primary complaint pertains to the hours of operation, and the perception that these hours have increased. Many of the complainants state they have been county citizens for many years at a location near this facility, and that the shooting did not commence prior to 9:00 am or after 8:00 pm. Apparently, according to these citizens the shooting now commences around 7:00 am and ends well past 10:00 pm daily, including the weekends and holidays. Section 23-7-30 of the Weld County Code pertains to Non-Conforming Uses of Land, under which this facility would be regulated. Attached is this section of the Code as it pertains to this facility. "Where at the time of passage of this Chapter, or of passage of future amendments of this Chapter, a lawful use of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the use may be continued so long as it remains otherwise lawful provided that the following conditions are met: A. Extension or expansion 1. No such nonconforming use shall be enlarged or increased,nor extended to occupy a greater area of land than was occupied at the effective date of adoption of the ordinance codified herein or amendment of this Chapter without first having received a special review permit pursuant to the procedure established in Article II, Division 4 of this Chapter. 2. A nonconforming USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection of additional SIGNS intended to be seen from off the premises,or by the addition of other USES which would be prohibited in the zoning district involved. It is staff's determination that this section of the Code is not applicable. 3. No such nonconforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at the effective date of adoption of the ordinance codified herein or amendment of this Chapter. B. Substitution of USES. 1. A nonconforming USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing nonconforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenevera nonconforming USE is replaced bya permitted USE,the nonconforming USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter C. Abandonment 1. If any such nonconforming USE of land ceases for any reason for a period of more than six(6)months,any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located." It is staff's determination that this section of the Code is not applicable Staff is reviewing this case file to determine if a substantial change has occurred to land use case file NCU-369. Prior to making a determination, staff requested additional information from your organization regarding the new[er] on-site lighting and the hours of operation. Staff is now in receipt of this information provided by letter from Mel Green, President dated November 22, 2005. Given the information provided by Mr. Green via his letter and in an earlier telephone conversation on November 18, 2005 with Bethany Salzman and myself, and in consultation with the County Attorney's office, it is determined that a substantial change to the operations of this facility has occurred. As such, the Department of Planning Services will require a Use by Special Review application for this facility. The application and all supporting materials is to be submitted to this office no later than Wednesday February 1, 2006. Should you have any questions or need further information, Bethany Salzman or myself may be reached at the above address, telephone number or e-mail address. Sincerely, Kim Ogle Planning Manager File: NCU-369 • ec: L. Morrison,Attorney's Office B.Salzman,Code Compliance 11/28/05 10:56 FAX __ l 002 11-28-05; H:OHAM;Centennl , Lt OC ;303 485 ®160 # 1/ 6 .ael CENTENNIAL Bank of the West 3561 Stagecoach Road Longmont, Colorado 80504 Telephone: 303-684-0505 Fax: 720-494-2220 Mel Green:Direct fine 7204942210 Facsimile To: Bethany Salzman From: Mel Green Fax: 970-304-6498 Pages: 5 plus cover Phone: 970-3534100 ext 3555 Date: 11-28-2005 Re: Berthoud Gun Club NCU-369 CC: Cadman abate: This fetslmlle contains infomualion belonging to the sender,hMtdr is confidential and hMdrtrtlon Is strictly for the use of the navldua or erhny to whom ft Is addressed,as indicated above. N you are ynott the Intended retipkrht,dletlosure,cop [aetrflwin,Or aeon taken regarding the contents of the Iteration is strictly prohibited. If you have received Isis transmission In error,pease cell sender to arrange forts return at our expense. Thank you. 11/28/05 10:56 FAX l 003 ,i-28-05; 9:06AM;Centennl.. L9mt DC ;303 485 BieO # 2/ 6 November 22,2005 Bethany.Salzman Weld County Department of Planning Services Compliance Division/North Office 918 10th Street Greeley,CO 80631 Phone 970-353-6100 Ext 3555 Fax 970-301 6498 Reference: Your letter dated November 2,2005 /Subject NCU-369 part of the NW1/4SW1/4 of Section 19, T4N,R68W of the 6th PM,Weld County Colorado Dear Ms Salzman: We regret that you received a complaint about the shooting hours of our gun club. Berthoud Gun Club has been in existence at this site since 1952. In its history of operation of the club,we have comply with the general quiet hours as set out by the County as we understand them,those being from 10:00 PM to 6:00 AM. We believe these hours of operation were granted in the Special Use Permit,which we were granted back in 2003. (Copy of original application enclosed.) We normally operate the firearms shooting within the hours of 9:00 AM to 9:00 PM. Our club caters to 4-H members and clubs,Boy Scouts, Venture Scouts and Colorado Youth Outdoors and church groups upon request. We have tried to play our part in ping down our heritage to others who may not have that opportunity. There has been a few 4-H shotgun shoots each year, which allows these youth to practice as early as 7:30 AM for a 4-H shooting skills contest at approximately 9:00 AM on the same day. These 4-H participants range in age from 8 to 18. The contests of this nature normally take place 3 to 4 times a year. (This would normally be the only time a group activity would start before 8:00 AM and these have been held in past in the spring and summer months, thus in day light hours.) The Colorado Youth Outdoors,which is operated by Robert Hewson, (www.coloradovo.org)has been using our club to work with his youth and parents. They have been using our facilities since 2001 and have at times regrettably gone-beyond the 9:00 PM self imposed time limits (9:20 PMT),set as guidelines by our club, with their Wednesday after-school-evening programs. This active was going two to three year prior to our application for our Special Use Permit. You have asked for some clarification on Lighting: I'm not quite sure what lighting you address in your letter. The club has had a lighted shooting field as near as we can determine,since near its beginning. The original lighting on the shooting range appeared to consist of a type of sealed beam lights which were set at the trap house sites, and Berthoud Gun Club, Inc.20498 Weld County Road 1,Berthoud, CO phone 970-532-0568 11/28/05 10:57 FAX _ _ _ _ __ fa004 11-28-05; g:08AM;Centennle. Lgmt 00 ;303 465 6180 # 3/ 6 shined into the sky at the approximate level of the clay targets flight. (Getting concise information has been unfortunately hard or impossible to obtain, as most or all of the original members [since 1952] have died or are no longer in the club.) As near as we can determine(approximately)somewherc.in the late 1960's or early 1970's the field lighting was concentrated from both free standing poles and flood lights mounted on the clubhouse building (the club house was built in 1960). We have not been able to find out how many lights were used at that time period or what the total or individual wattage were per bulb,just that there were lots of lights allowing them to shoot at night. The field lights that are being used today were also installed prior to any of the current Berthoud Gun Club Officers being involved. As near as we can determine the field lights,which currently exist,consist of two separate poles with three 1,000-watt Metal Halide lights pointed east. These appear to have been installed between 1997 and 1998. We have been asked by Larry Bebo,our neighbor to the East,who just build a very large new home about 1 %a to 2 years ago,to install hoods on these lights to focus the light more toward the ground. We have agreed to do this, and hope to have this completed by approximately January 15, 2006. The security(night)lighting on our building and parking lot has had its wattage of output increased over the years to make it a safer place. Like our neighbors on all side of us,we keep our night security lights burning all night to hopefully discourage vandalism and theft. To date we have no significant problems with either. If you need exact wattage output,we will attempt to obtain this information for you. We are trying to be good corporate citizens and neighbors, while retaining a place for the youth of the surrounding communities,members and guest to shoot in a clean safe environment. We think keeping our heritage alive is very important and we provide a much needed community service. We are continuing to try to improve our landscaping both from an appearance standpoint,but to also control our sound more within the confines of our property. We have been at this location since 1952 prior to nearly every living neighbor in our location. We believe we are operating within the confines of the original special use approval. We hope that you will continue to see favor in our existence and service to the youth and commmdty. Should you have additional questions,please give me a call at my work phone 720-494- 2210. Sincerely, ..„"Az______ Mel Green Club President Copy of original application Copy of 6-27-2004 4-H Flyer Berthoud Gun Club,Inc.20498 Weld County Road 1,Berthoud, CO phone 970-532-0568 11/28/05 10:57 FA& _ 005 1 ,-26-05; 9:OSAM;Centefnl Lemt DC ;SOS 485 9160 # 4/ 6 WELD COUNTY DEPARMENZ•OF PLANNING SERVICES 1555 N. 176 Avenue,Creaky,CO 80631_Phone(970)353-6100,Ext 3540;Fax (970-304-6498 NONCONFROMING USE INFORMATION QUESTIONNAIRE IMPORTANT; •late all items on both •:_-< Mark Boxes where .‘u.licable. OWNER Berthoud Gun Club Inc ADDRESS: Mailinc =P.O.Box 34 • , :.cal=20498 Weld Coun Road 1 CITY,STATE ZIP CODE: Berthoud, Colorado 80513 LEGAL DESCRIPTION: 25798 PT&25799 PT NW I/4 of SW mA Section 19, Town ski. 4 N Ran_e 68 West Weld Cotm PARCEL.IDENTIFICATION NUMBER S : 106119000002 &106119000002 Specifically(Exulain): This mooaty has been used as a shootiMuzzle • nv risto rifle since 1952 when it was first ' Skeet,the a "Club House bind • was built in 1960. Our to records, AZ fire t rifle and ' B x ran m the nest tie'owed the Town of Bufbof the o of shoo' is also done rinds the li Date of Nonconforming Use Began? Unlmown(In use since 1952 . (We aro asarorofit easoeatie..m�the Berthoud Town old Landfill.) List the attached documentation substantia ' the •ware not a •' use am this Use: woWrn were not aware that we Throe the Poudre Vali until tfeve old tt o our wire ridweakelectricallists A• it from old tit the new 3 braided one wire uct REA eat eta qt also ' one service from 100 members we are to the lie. We work with the 4-B • to 200 . Beside our Lorimer and Boulder Coneti the local Be Scouts Post 123 Y from Weld, Outdoors,and have served the Colorado State University Trap term members Colorado Youth we vide a larch needed service to our • m a safe environment of We t think on to for the Colorado 4-B:State of the 4$ nthhave 'Gun at the State Fair in Pueblo each Hownratry e»mloveea,animals items etc.? The club has 125 as vohmteers. We as m the emal stuns to the site which at Cr�em an rvo but et net we an all volunteers. a .. mans o officers/ � someone in the future. The following conjboms must be met prior to detataiypg a Use as being considered a Nonconformin stated in e undersigned, Weld CountyCode, zdsaChapter�agree 23, t the VII(7), c , orming as (7),Section 23-7-30: PLEASE READ AND INITIAL EACH ITEM: Excessive or Ekpwwion.. I verify dui the occupy a greater area o{land nonconforming me has t s not rst t been nor shall be enlarged,increased, or extended to to the procedure established in Article E, ��receiveda Use by Special Revues remnant X Codeof Chapter.(23-3-730.A.a_W County I verify that the nonconforming use has not been nor shall be extended or X additional be signs intended to be seen from off the premises,or by the addition of otthed er uses which h prohibited in the zoning district involved I verify that the nonconforming use has not been nor shall be moved in whole or in part of any portion of the lot or parcel other than that occupied by such use at the effective date of this X nonconforming use. 11/28/05 10:58 FAX al006 11-28-05; 2:oaAM:centennia . t-p1mmt DG .303 485 9180 K 5/ 6 Substitution of USES I understand that a nonconforming use may,as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district,provided that the Board of Commissioners shall find that the proposed use is equally appropriate or more appropriate to the zoning district and neighborhood than the existing nonconforming use. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in X accordance with the provisions of this Chapter. I understand that whenever a nonconforming use is replaced by a permitted use,the nonconform n X use may not be reestablished. 8 Abandonment I understand that if any such nonconforming use of land ceases for any reason for a period of snore than six(6)months,any subsequent use of such lot or parcel shall conform to the regulations X specified by this Chapter of the zoning district in which such lot or parcel is located. Print Name: .Berthoud Gun Club Inc. Property Address: 20498 Weld Count Road 1 Berthoud,CO 80513 Mauling Address: P.O.Box 34,Berthoud,Colorado 80513 Signature: Mel Green Club President Date: July 28,2003 SUBSCRIBED AND SWORN to before me this the day of 2003 WITNESS my hand and official seal. My Commission Expires: Notary Public 11/28/05 10:59 FAX a007 11-2e-05; 9:08AM:Centennle _amt OC 303 485 9150 M 6/ 6 • Adams, Boulder, Larlrner and Weld County 4-H Shotgun Invitational Shoot• • - Berthoud Gun Club Inc. 20498 Weld County Road 1 (Mailing Address P.O. Box 34) %.* ,, Berthoud, CO 80513 Phone: 970-532-0588 / www.berthoudgun.com r1y 3 Location: 1/2 mile South of State Highway 56 • -.-•,: - (approximately 6 miles west of I-25 "Berthoud E:dt') "' on County Line Road (Road 1 by Berthoud Cemetery) DATE: SUNDAY, JUNE 27, 2004 TIME: Registration et 8:16 AM: We will start the 4-H Shoot at approximately 9:00 AM • Call for pre-registration to reserve-your spot • a • The range will be open for practice from 790 AM to 8:45AM. Wr • After the games•are over the range will be open to everyone (4-Hers and Adults). COST: 810 for 60 rounds from the 16-yard line WHO IS INVITED: All 4-H members enrolled In Shotgun for the project year 2004 (Individuals or teams). "Everyone gets to shoot" Team Awards will be given to the 3 highest Junior Teem scores (under 14 as per 4-H rules) and the 3 highest Senior Team scores '(as per 4-H rules). Individual Awards will be given for the top 6 Individuals in both the Junior and Senior Divisions. Teams may be made up of County Teams, Club Teams or a mix of more than one club (the number of teams from each county is unlimited). However, a person may only shoot for one team. Ilit- At the completion of the 4-H competition, the Leaders, Coaches and Parents will'also be able to shoot at a cost of 35.00 per 25 targets. (If we get enough interest, possibly a little contest between counties can be arranged. (If you would like to shoot doubles or handicap targets, please let us know ahead of time. If time permits we will give you that opportunity as well.) Food will be available for purchase. (hamburgers, hot dogs, soda & snacks) Shells will also be available If you run short. Bustin' Clays may have an accessories booth. For additional information, please contact: Mel Green • Work: 720-494-2210, Home: 970-532-0956, Cell: 303.518-8933. Mark Simon - Work: 970-223-4814, Home: 970.532-0401. Come out and have some fun and practice with your fellow 4-H memberelft -----it/Lti/n0 1U:58 r'Ax. —_ _-- ---- ---_- .'99B 1 ,-2e-Os; B:OBAM;Centenni. .Omt DC 303 <86 5 BC:: • Substitution of USES. I understand that a nonconforming use may,as a Use by Special Review be changed to another use which does not conform to the uses allowed in the zoning district,provided that the Board of Commissioners shall find that the proposed use S equally appropriate or more appropriate to the zoning district and neighborhood than the existing nonconforming use. In permitting such change, the Board County Commissioners may require appropriate conditions and safeguards in X accordance with the provisions of this Chapter. I understand that whenever a nonconforming use is replaced by a permitted use,the nonconformin X use may not be reestablished. g Abandonment I understand that if than months,ay such any tae of land ceases for any reason for a period of more X specified six by Chapter subsequent use of such lot or parcel shall couiOrm to the regulationspter of the zoning district in whicb such lot or parcel is located_ Print Name: Berthoud Gun Club Inc. Property Address: .�0498 Weld Count Road I Berthoud,CO 80513 Mailing Address: P.O.Box 34,Berthoud,Colorado 80513 Signaoae: Mel Caeen Club President Date: July 28,2003 SUBSCRIBED AND SWORN to before me this the day of 2003 WITNESS my hand and official seal My Commission Expires: • Notary Pub&c November 22, 2005 Bethany Salzman Weld County Department of Planning Services Compliance Division/North Office 918 10`h Street Greeley, CO 80631 Phone 970-353-6100 Ext 3555 Fax 970-304-6498 Reference: Your letter dated November 2, 2005 /Subject NCU-369 part of the NW1/4SW1/4 of Section 19, T4N, R68W of the 6th PM, Weld County Colorado Dear Ms Salzman: We regret that you received a complaint about the shooting hours of our gun club. Berthoud Gun Club has been in existence at this site since 1952. In its history of operation of the club, we have comply with the general quiet hours as set out by the County as we understand them, those being from 10:00 PM to 6:00 AM. We believe these hours of operation were granted in the Special Use Permit, which we were granted back in 2003. (Copy of original application enclosed.) We normally operate the firearms shooting with in the hours of 9:00 AM to 9:00 PM. Our club caters to 4-H members and clubs, Boy Scouts, Venture Scouts and Colorado Youth Outdoors and church groups upon request. We have tried to play our part in passing down our heritage to others who may not have that opportunity. There has been a few 4-H shotgun shoots each year, which allows these youth to practice as early as 7:30 AM for a 4-H shooting skills contest at approximately 9:00 AM on the same day. These 4-H participants range in age from 8 to 18. The contests of this nature normally take place 3 to 4 times a year. (This would normally be the only time a group activity would start before 8:00 AM and these have been held in past in the spring and summer months, thus in day light hours.) The Colorado Youth Outdoors, which is operated by Robert Hewson, (www.coloradovo.org) has been using our club to work with his youth and parents. They have been using our facilities since 2001 and have at times regrettably gone beyond the 9:00 PM self imposed time limits (9:20 PM?), set as guidelines by our club, with their Wednesday after-school-evening programs. This activity was going two to three year prior to our application for our Special Use Permit. You have asked for some clarification on Lighting: I'm not quite sure what lighting you address in your letter. The club has had a lighted shooting field as near as we can determine, since near its beginning. The original lighting on the shooting range appeared to consist of a type of sealed beam lights, which were set at the trap house sites, and Berthoud Gun Club, Inc.20498 Weld County Road 1, Berthoud, CO phone 970-532-0568 shined into the sky at the approximate level of the clay targets flight. (Getting concise information has been unfortunately hard or impossible to obtain, as most or all of the original members [since 1952] have died or are no longer in the club.) As near as we can determine (approximately) somewhere in the late 1960's or early 1970's the field lighting was concentrated from both free standing poles and flood lights mounted on the clubhouse building (the club house was built in 1960). We have not been able to find out how many lights were used at that time period or what the total or individual wattage were per bulb,just that there were lots of lights allowing them to shoot at night. The field lights that are being used today were also installed prior to any of the current Berthoud Gun Club Officers being involved. As near as we can determine the field lights, which currently exist, consist of two separate poles with three 1,000-watt Metal Halide lights pointed east. These appear to have been installed between 1997 and 1998. We have been asked by Larry Bebo, our neighbor to the East, who just build a very large new home about 1 '/z to 2 years ago, to install hoods on these lights to focus the light more toward the ground. We have agreed to do this, and hope to have this completed by approximately January 15, 2006. The security(night) lighting on our building and parking lot has had its wattage of output increased over the years to make it a safer place. Like our neighbors on all side of us, we keep our night security lights burning all night to hopefully discourage vandalism and theft. To date we have no significant problems with either. If you need exact wattage output, we will attempt to obtain this information for you. We are trying to be good corporate citizens and neighbors, while retaining a place for the youth of the surrounding communities, members and guest to shoot in a clean safe environment. We think keeping our heritage alive is very important and we provide a much needed community service. We are continuing to try to improve our landscaping both from an appearance standpoint, but to also control our sound more within the confines of our property. We have been at this location since 1952 prior to nearly every living neighbor in our location. We believe we are operating within the confines of the original special use approval. We hope that you will continue to see favor in our existence and service to the youth and community. Should you have additional questions, please give me a call at my work phone 720-494- 2210. Sincerely, Mel Green Club President Copy of original application Copy of 6-27-2004 4-H Flyer Berthoud Gun Club, Inc.20498 Weld County Road 1, Berthoud, CO phone 970-532-0568 Identify Results Page 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4675086 Parcel#: 106119000002 Tax Area: 2385 Bordering County: Acres: 5.38 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 04 - 68- 19 - 0 - - Owners Name &Address: Property Address: BERTHOUD GUN CLUB INC Street: MARK SIMON City: PO BOX 34 BERTHOUD, CO 80513 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description 25798A PT NW4SW4 19 4 68 BEG 16'5 OF NW COR SW4 SOD30'E 521' N89D35'E 450' NOD30'E 521' W ON N LN SW4 TO BEG (5.38A M/L) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 5.38 Land Subtotal: 5.38 $2,322 $670 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 2 Out Building Improvements Subtotal: $1,923 $560 Total Property Value $4,245 $1,230 Building Details Account#: R4675086 Parcel#: 106119000002 Owners Name&Address: Property Address: BERTHOUD GUN CLUB INC Street: MARK SIMON City: PO BOX 34 BERTHOUD, CO 80513 Building# Property Type 2 Out Building Individual Built As Detail http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10611... 02/08/2006 Identify Results Page 2 of 2 Built As: Shed - Utility Year Built: 1960 Exterior: HVAC: None Interior Finish: Built As SQ Ft: 816 # of Baths: 0 Roof Type: # of Bdrms: 0 Roof Cover: #of Stories: 0 Rooms: 0 Units: 0 Garage: Attached SQ Ft: Detached SQ Ft: Basement: Total SQ Ft: Finished SQ Ft: hap://maps.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=10611... 02/08/2006 :;i4:71::::4::::,!: ry,yr t � r s �. i n LS L � : ' two 0 m v. 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Subdivison Name Block# Lot# 04- 68 - 19 - 0 Owners Name&Address: Property Address: BERTHOUD GUN CLUB INC Street: MARK SIMON City: PO BOX 34 BERTHOUD, CO 80513 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception# $0 Legal Description 25799A PT NW4SW4 19 4 68 BEG 16'S OF NW COR SW4 N89D35'E 800' SOD30'W 505' S89D35'W 350' NOD30'E 489'S89D35'W 450' N16'TO BEG (4.22A) (TOWN DUMP) Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Agricultural 4117 Acres 4 Land Subtotal: 4 $1,726 $500 No Buildings on Parcel http://maps.melrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=10611... 02/08/2006 �_ o• . .L . L d 7.w� �. p ,,,,,,,,,,,:: I _ 1.! 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Fr vy,..`°e��''x� . li �m wtt�:G. tk ��.... ... i' DEPARTMENT OF PLANNING SERVICES Code Compliance Division 918 10th Street, Greeley, CO 80631 O Phone; (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated by: $ ZONING CODE COMPLAINT ❑ Staff/Name: }itt Citizen ❑ Other: ❑ HEALTH DEPARTMENT Citizen's Name(If known): ❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known): ❑ BUILDING CODE COMPLAINT ❑ PUBLIC WORKS/PEST&WEEDS Date Complaint was received: Pending Case#(i.e.USR,RE,D`SE,,ect...): V� �— 1 � t� y (? �1 Legal Description: ^ ., `nt7 l)-y O$ 5ICI TLU3 91o0 1O Parcel#: Iapl-tQ-O-co-cca Violation Address: dt412,�sC�` \ /'� /{ , ` Property Owners Name: A.7t u5U.(i elan el-khan , Phone: Property Owners Address:RC) eel � .Sla[�.I Co cOO J\D-) Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: Additional Notes: Hello