HomeMy WebLinkAbout20041337.tiff HEARING CERTIFICATION
DOCKET NO. 200447
RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED USE BY SPECIAL REVIEW
PERMIT #1031 FOR A RECREATIONAL FACILITY (SHOOTING RANGE) IN THE
A (AGRICULTURAL) ZONE DISTRICT - GREEN MILL SPORTSMANS CLUB
A public hearing was conducted on May 26, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tern
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Sheri Lockman
Health Department representative, Char Davis
Public Works representative, Peter Schei
The following business was transacted:
I hereby certify that pursuant to a notice dated May 7,2004,and duly published May 12,2004,in the
Fort Lupton Press, a public hearing was conducted to consider the request of Green Mill
Sportsmans Club for a Site Specific Development Plan and Amended Use by Special Review
Permit#1031 for a Recreational Facility(shooting range)in the A(Agricultural)Zone District. Bruce
Barker, County Attorney, made this a matter of record. Chair Masden advised the applicant's
representative, Joe Titus, that he has the option of continuing this matter to a date when the full
board will be present. However,if he decides to proceed today,it will require three affirmative votes,
or in the case of a tie vote, Commissioner Long will listen to the record and make the determining
vote. Mr. Titus indicated he would like to proceed today.
Sheri Lockman, Department of Planning Services,presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. She
stated this proposal is for an expansion of the firing ranges and a new building for training. She gave
a brief description of the location of the site,and stated the original permit was approved in February
1995,with a provision that it be reviewed every five years. Ms.Lockman reviewed the surrounding
land uses. She stated ten referral agencies reviewed this proposal, five responded favorably or
provided comments that have been addressed in the Conditions of Approval and Development
Standards,and staff received no correspondence from surrounding property owners. She further
stated the Town of Erie expressed opposition due to the close proximity to the town, and the
applicant has been working to mitigate issues of concern expressed at the Planning Commission
hearing. Responding to Commissioner Jerke, Ms. Lockman stated this hearing is considered the
five-year review,and there is a Development Standard that requires an administrative review in five
years. She explained if staff feels there is a conflict or substantial change, then the case will be
reviewed by the Board of Commissioners. Responding to Commissioner Geile, Ms. Lockman
stated the facility is being used by law enforcement officers; however, it is also accessed by private
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individuals. In response to Commissioner Jerke,Ms.Lockman stated the site is surrounded by hills
on the north,south and east; however,there is not much of a buffer to the west between the site and
the subdivision. Responding to Chair Masden, Ms. Lockman stated the applicant is proposing to
place berms at the end of the firing ranges to act as sound barriers.
Char Davis, Department of Public Health and Environment, stated she has no comments at this
time. Responding to Commissioner Vaad,Ms. Davis stated the Environmental Protection Agency
plan outlines how to treat the site for lead. In response to Chair Masden, Ms. Davis stated
adherence to the plan is required under the Conditions of Approval.
Peter Schei, Department of Public Works, stated on the west boundary of the property the Town
of Erie has annexed the right-of-way for this parcel,therefore,staff recommends a note be placed
on the plat indicating the location of the access easement along the section line. He stated Erie will
have jurisdiction over the 30-foot access to the property, which lies within the western property
boundary. He stated the access road comes down from Weld County Road 8 to the north and
strays slightly from the section line. Responding to Commissioner Geile, Mr.Schei stated all of the
property to the north has been annexed. In response to Chair Masden,Mr.Schei reiterated Erie has
annexed the 30 feet of right-of-way on the east side of the section line within the western boundary
of the site, therefore, the Town does have jurisdiction. Responding to Commissioner Jerke, Mr.
Schei stated the Weld County Resolution of 1889 does not indicate any right-of-way existed along
the section line; however, Erie has annexed 30 feet for use as right-of-way. Mr. Barker stated he
does not feel there is a jurisdictional issue because this Permit will extend to those areas in the
County and the 30 feet of right-of-way is still owned by the property owner. Mr. Schei stated there
will be off-street parking which is required to be surfaced to control drainage problems. Ms.
Lockman stated there is an easement deed for the entire length of the access, and the Board
indicated that document addresses their concern regarding jurisdiction.
Mr. Titus represented the applicant and stated the main entry is in the northwest corner of the
property. He stated the entire site is surrounded by a six-foot chain link fence,with exception of the
property line adjacent to the landfill, which is separated by an eight-foot chain link fence.
Responding to Chair Masden, Mr. Titus stated they are using berms on the south as shooting
backstops,and the closest berm is 147 feet away from the property line. He stated previously they
were using pole barns; however, the buildings have been enclosed on three sides for sound
suppression,although they were in compliance with the 80 decibel level allowed in the Commercial
Zone District.
Steve Davis, Lochbuie Chief of Police, stated their agency is some distance away; however,they
use the site to meet the officers' qualifications and he supports this application.
Jerry Garner, Fort Lupton Chief of Police, stated he used to be the chair of a committee that tried
to organize a multi-agency range; however, they found it was very difficult to build a new firearm
range due to all the building in the region. He stated this facility would be very conducive to law
enforcement needs.
Mike Guthrie, City of Evans Police Department, stated he supports the proposal, and feels this is
a great example of public and private sector partnerships. He stated it allows officers to train and
obtain higher skills,and he requested this permit be extended to a ten-year review. He further stated
as Weld County continues to grow, it is very important to have a designated area for this type of use.
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Jim Burack,Chief of Police for Milliken,stated it is very important for officers to train and help ensure
they avoid improper use of force. He stated this facility is used by law enforcement agencies
located in the north metro area, as well as Weld County agencies.
Joseph Gang, Boulder County Sheriffs Office,stated they support this expansion because the other
facility they used has closed. He explained the Boulder County Sheriffs Office has since made
arrangements to use the Boulder Rifle Club facility, but there are many other agencies that do not
have that option. He stated shooting ranges are having a problem along the Front Range due to
encroachment by residential developments, but they are needed and the training is vital.
Responding to Commissioner Vaad,Mr.Gang stated the Boulder Rifle Club is a private facility,and
they currently have a single-year contract under which they pay a reasonable fee and share some
of the maintenance duties. Responding to Commissioner Geile, Mr. Gang stated Boulder County
will continue to use the Boulder Rifle Club,but the City of Longmont will use this facility,if approved.
Kim Fliethman,Weld County Sheriffs Office,stated they currently have an agreement with the City
of Greeley to use its shooting range; however, this site would provide another option. He stated
Deputies are required to shoot and qualify monthly,so they have a definite need for this type of use.
In response to Commissioner Vaad,Mr.Fliethman stated the Sheriffs Office will not use this initially;
however, it would be a suitable option if they can no longer use the Greeley Range. It would also
be a good alternative for deputies residing or patrolling in the southern part of Weld County. He
stated the Sheriffs Office would likely be required to enter into an agreement with the facility
operator to gain access on a consistent basis.
Ross Bruce,Frederick Police Department,stated they are a small force and a training facility in this
area would be ideal.
Bryce Borders, Firestone Police Department, stated they support this application.
Mike Butler, Longmont Police Department, stated there has been some discussion regarding an
extension of the review period because they are willing to invest a lot of money to upgrade the facility
for use by law enforcement. Ms. Lockman stated the original five-year term was based on
comments from the Town of Erie due to the vicinity and changing nature of the area,and concerns
from Weld County regarding oil and gas facilities on the site. She stated the primary reason this
case came before the Board for this review was due to the proposed expansion. She explained the
Weld County Code does state ten years could be allowed for a review period; however, due to
anticipated growth in the area, Planning Services staff and the Planning Commission felt five years
was appropriate. Responding to Commissioner Vaad, Mr. Butler reviewed the law enforcement
agencies in Boulder County,and stated he is uncertain what training arrangements they have at this
time. He further stated the City of Longmont Police Department stated it did not apply to the Boulder
Rifle Club, and the Boulder County Sheriffs Office does not have voting rights in the club.
Mr.Titus stated currently this permit must be reviewed every five years,and he questioned what is
reviewed and what criteria must be met. Ms. Lockman stated the review is based on the historical
use in relation to any changes in surrounding area,topographic features,and compliance with the
safety plan. Responding to Commissioner Geile, Mr.Titus stated they do not currently use a formal
contract,and he did discuss use of the facility with the Town of Erie,with the understanding that he
inspect how they operate their training sessions. He stated if there are a lot of agencies interested,
he will draft a formal contract to ensure each party is aware of the rules regarding what is allowed
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or expected. He stated,if approved,it is very unlikely he would restrict entrance to law enforcement,
and 90 percent of the club members support the additional use. Commissioner Geile commented
he is not opposed to a ten-year review; however, he would like the applicant to commit to the
continued use by law enforcement. Mr.Titus agreed with the exception that they will be subject to
termination if there are problems. Responding further to Commissioner Geile,Mr.Titus stated if this
expansion is built,then they will start providing written contracts. In response to Chair Masden, Ms.
Lockman stated there are no violations on this property. Responding to Chair Masden, Mr. Titus
stated the facility is open to the public during September and October, with supervision, and they
also host safety classes and allow access to 4-H groups,the Boy Scouts,church associations,the
Lyons Club, and various community groups and youth programs. He further stated the nonprofit
organizations are not required to pay a fee;however,law enforcement agencies and the Colorado
Division of Wildlife do pay. Mr. Titus stated for security purposes,they use combination padlocks
and provide users with an identification card and the combination,which is changed annually. In
response to Chair Masden, Mr.Titus stated they do not have formal black powder shoots;however,
they do have a black powder range.
Responding to Chair Masden,Mr.Titus stated he has reviewed and concurs with the Conditions of
Approval and Development Standards; however, he expressed concern with Development
Standard#9 reducing the decibel level from commercial to residential limits. He stated they have
complied with the commercial limit, and the law enforcement range will be further away from the
property line. Ms. Davis stated the limit of 50 to 60 decibels was included primarily because of the
surrounding residential uses. Responding to Commissioner Jerke,Ms.Lockman stated the original
application allowed commercial limits. Mr. Titus concurred they were not allowed to exceed 80
decibels. Ms. Davis stated that is an industrial level,which may have been suitable when nothing
was around; however, she is requesting a more restrictive limit which will help mitigate conflicts.
Stewart McGregor, Engineering Dynamics,stated he conducted a noise study on this site when KB
Homes originally permitted the adjacent property for residential development and expansion. Mr.
McGregor stated there have been instances when the court elected not to reduce noise levels on
a property if the use was pre-existing to residential development. He stated most times this facility
operates well below industrial limits unless the wind is blowing which carries the sound.
Responding to Commissioner Jerke, Mr. McGregor reviewed the decibel levels allowed in the
various zone districts. Commissioner Jerke indicated he would agree to the commercial level of
65 decibels during the day and 60 decibels at night, and Mr. Titus concurred with that change to
Development Standard #9.
Mr.Titus also expressed concern with Condition of Approval#1.6 because the property is not near
a public water supply. He stated they have applied for a well permit; however, they have not yet
received a response. He further stated they currently use bottled water. Ms. Lockman stated the
Town of Erie has water in the adjacent subdivision, but it is not willing to issue a tap outside of its
municipal boundary. She stated if the applicant's well permit is denied,they also have the option
of hauling water and using the existing cistern. Ms.Davis stated this Condition is required to ensure
basic sanitary health standards,such as hand washing,to address the concern of lead poisoning.
She further stated the proposed structure will have an associated septic system,which will require
water,therefore,a water supply is preferred. Responding to Commissioner Vaad,Ms. Davis stated
at some point the facility will need a water supply to serve the new structure and restroom facilities,
therefore,the condition could be moved under Condition#3, Prior to issuance of the Certificate of
Occupancy. She explained although some Port-A-Potties do have hand washing facilities,they are
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only allowed for temporary uses. Mr. Titus stated they currently use a vault system, which is
treated,pumped,and hauled away. They also have a 200-gallon water tank on a trailer that can be
used for hand washing. Ms. Davis stated she was unaware of the tank,which may be sufficient to
address Condition #1.B. Commissioner Vaad commented Condition #3 only applies if a new
building is constructed,which cannot happen without a Building Permit and the related water and
sewer requirements would be required at that time,therefore, he suggested deleting Condition of
Approval#3. Mr. Titus stated if they construct a new building, it will be used for classrooms and
storage, and they have considered including a restroom connected to a vault system. He further
stated if they cannot get a well permit,they have also considered hauling water for storage in new
cisterns. Commissioner Vaad commented that can be dealt with by staff at time of issuing a
Building Permit. Ms. Davis stated staff prefers running water when connected to a septic system;
however,if the applicant has exhausted all other options,then they may consider a cistern or vault
system. (Switched to Tape#2004-25.) The Board concurred with deleting Condition of Approval#3
and keeping the five-year review period. Ms. Davis questioned the water tank source. Mr. Titus
stated the water comes from a member's farm to be used for hand washing and landscaping; it is
treated water from the Left Hand Water District. She requested a Development Standard requiring
bottled water. Mr. Barker stated evidence of bottled water can be covered by Condition of
Approval#1.B. Mr.Titus stated there will be a lot of investment in this property,and he questioned
whether the use will continue to be extended in the future. Chair Masden commented future
extensions will be subject to further review to ensure the site is still in compliance and that conflicts
with the surrounding uses can be mitigated. Commissioner Jerke commented the Board of
Commissioners does change and they cannot commit to what a future board may determine. Ms.
Lockman stated her discussions with the Town of Erie indicate it anticipates continued development
to the north.
Mr. Butler assured the Board that they will be investing money at this site,and he requested some
clarity as to what is subject to review after another five years. Chair Masden reiterated future
determinations will be made by the presiding Board at that time. Commissioner Jerke commented
compatibility will always be an issue,and there is the possibility that the land owner may decide to
develop in the future. Responding to Chair Masden, Mr. Titus indicated he concurs with the
Conditions of Approval and Development Standards, as modified.
Commissioner Vaad commented the law enforcement agencies need to consider making long-term
arrangements for use of this or a similar facility. In response to Commissioner Vaad,
Commissioner Jerke commented the Greeley shooting range is in unincorporated Weld County;
however, it is also in the Airport boundary and will soon be annexed to the City of Greeley.
Commissioner Vaad stated the applicant has made reasonable accommodations for the next five
years, and assuming the facility continues to remain in compliance, the area needs to be made
aware of the surrounding use.
Commissioner Geile commented the letter from the City of Evans did not express concern
regarding the noise levels, rather,it addressed how the facility will be used for law enforcement. He
stated this permit needs to be reviewed on a five-year basis and he supports the application.
Commissioner Jerke moved to approve the request of Green Mill Sportsmans Club for a Site
Specific Development Plan and Amended Use by Special Review Permit#1031 for a Recreational
Facility(shooting range)in the A(Agricultural)Zone District,based on the recommendation of the
Planning Commission,with the Conditions of Approval and Development Standards as entered into
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the record. He stated the application has made adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and Weld County. His motion also
included deleting Condition of Approval#3 and amending Development Standard#9 to replace
"residential"with "commercial." The motion was seconded by Commissioner Vaad. Ms. Davis
stated the word "permanent" can be deleted from Development Standard #13 with the
understanding that bottled water will be acceptable. Commissioners Jerke and Vaad amended their
motion to include the additional change. There being no further discussion, the motion carried
unanimously, and the hearing was completed at 11:25 a.m.
This Certification was approved on the 2nd day of June, 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
- WELD COUNTY, COLORADO
//// EXCUSED DATE OF APPROVAL
I` Robert D. Masden, Chair
isoi k to the Board
i
William H. J ke, Pro-Tern
,��-'► ~ � lerk to the Board 211eile
TAPE #2004-24 and #2004-25 EXCUSED
David E. Long
DOCKET#2004-47 4 1 A
Glenn Vaad
2004-1337
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EXHIBIT INVENTORY CONTROL SHEET
Case AMUSR #1031 - GREEN MILL SPORTSMANS CLUB
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 05/20/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter waiving 45-day scheduling limit, dated
06/09/2003
F. Phillip Young E-mail of Support, dated 05/25/2004
G. Planning Staff Certification and Photo of sign posting,
submitted 05/26/2004
H. Planning Staff Aerial Photographs of site, submitted
05/26/2004
J.
K.
L.
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF MAY, 2004:
DOCKET#2004-46 - DARLENE BLANEY
DOCKET#2004-47 -GREEN MILL SPORTSMANS CLUB
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, City, State, Zip
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ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 26TH DAY OF MAY, 2004:
DOCKET#2004-46 - DARLENE BLANEY
DOCKET#2004-47 -GREEN MILL SPORTSMANS CLUB
PLEASE legibly write or print your name and complete address.
NAME ADDRESS
John Doe 123 Nowhere Street, ity, State, Zip
t.
DvI C6 H) tbO ( QLt J ( o(t ) Iry -CIcn.
Tina
—Bridging the Development Process-
1601 Quail Hollow Drive
Thomas E. Horan,AICP Fr. Collins, CO 80525
(970)223-1961
E-Maik honn@frii.mm
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