HomeMy WebLinkAbout950763.tiffHEARING CERTIFICATION
DOCKET NO. 95-13
RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1031 FOR A
RECREATIONAL FACILITY/SHOOTING RANGE IN THE A (AGRICULTURAL) ZONE
DISTRICT - GREENMILL SPORTSMAN CLUB
A public hearing was conducted on February 8, 1995, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chairman
Commissioner Barbara J. Kirkmeyer, Pro -Tern
Commissioner George E. Baxter
Commissioner Constance L. Harbert
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Todd Hodges
The following business was transacted:
I hereby certify that pursuant to a notice dated January 23, 1995, and duly published January 26,
1995, in the Windsor Beacon, a public hearing was conducted to consider the request of Greenmill
Sportsman Club for a Site Specific Development Plan and Special Review Permit for a recreational
facility/shooting range in the A (Agricultural) Zone District. Lee Morrison, Assistant County
Attorney, made this a matter of record. Todd Hodges, Planning Department representative,
entered the favorable recommendation of the Planning Commission into the record as written. He
explained certain Conditions of Approval had to be met prior to scheduling this case before the
Board. Mr. Hodges referred to a letter dated February 13, 1994, from Deputy Bill Wagner, Sheriffs
Office, indicating certain safety recommendations in accordance with Condition of Approval #3c.
Said letter is referenced in the file as part of Exhibit D. David Pehr, Attorney, represented the
applicant and was provided a copy of said letter for review. Responding to Commissioner
Kirkmeyer, Mr. Hodges stated the Town of Erie was informed the Permit would be reviewed every
five years; however, it is still requesting the Permit be reviewed on a yearly basis. He noted the
access has been addressed and the FAA signed off on its referral. Mr. Pehr stated he had not
previously seen the letter from the Sheriffs Office; therefore, he can address only some of the
issues today and arrange to accommodate the requirements or discuss them with the Sheriffs
Office prior to operation. Mr. Morrison stated the Board should proceed and the matter may need
to be continued depending on which issues are unresolved. Mr. Pehr stated the applicants have
been working on this matter since early 1992 and are planning a safe range, which will be
compatible with the area since it is located immediately adjacent to an existing landfill and a
proposed landfill. He noted the site will include one small storage shed, portable toilets, and other
structures similar to pole barns; therefore, there are no concerns about collecting gases from the
landfill(s). Mr. Pehr stated the club will be private for 250 members and their guests, with only one
or two members using the range during the week and 10 to 12 members shooting on an average
Sunday. He explained during the month of October and the first week of November, the range
would be opened to the public for sighting in rifles for hunting season and, at that time, there would
be approximately 400 people per week on the range. Mr. Pehr stated he understands the Town
of Erie's concerns; however, its concept of the impact is overblown. He explained the range will
maintain low usage and noise and the shooting will be directed down range and away from the
town, and traffic will be minimal. Mr. Pehr stated the applicant needs a five-year review plan and
could not live with less for financial reasons because no resalable improvements will exist on the
property. He also stated it will be another year before the range is in full operation due to
construction. Mr. Pehr stated agreements have been executed with the oil companies with
interests and Union Pacific Resources, as well as with Laidlaw for access to its wells. He noted
the applicant has made a good effort to resolve competing issues. Mr. Pehr referred to Condition
of Approval #5 requiring fencing and signage and requested the applicant be required to fence only
the portion in use as a shooting range, which would allow the neighboring farmer to farm the
balance of the site. He noted this would also help financing and provide sufficient protection for
the public. Concerning the recommendations from the Sheriffs Office, Mr. Pehr addressed each
item as follows: 1) removal of the lead will be provided for free; 2) the minimum distance for
shooting steel will be increased to ten yards; 3) two range officers will be on the premises at all
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RE: HEARING CERTIFICATION - GREENMILL SPORTSMAN CLUB
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times; 4) no accidents or problems have ever occurred, but the Sheriffs Office can be consulted;
5) the oil field access road is located behind the range, but agreements are in place with both
Amoco and Vessels for access and control including the provision to relocate the access road, and
the matter has been handled to the oil companies' and applicant's satisfaction; 6) the public will not
be allowed down range, and the range will be shut down while one range officer goes down range
and one officer stays at the line; 7) rules must be reviewed with the Sheriffs Office; 8) range
officers inspect the entire facility, including the berms, to make sure no materials will deflect bullets,
and there is a large bluff behind the berms as well; 9 and 10) rules must be reviewed with the
Sheriffs Office; 11) eye and ear protection is required; 12) the range will be closed when the oil
companies are drilling or repairing the battery site, which is a provision included in the written
agreements with Vessels and Amoco. Mr. Pehr also noted the agreements with both oil companies
and Laidlaw include provisions for damaged equipment to be replaced at the expense of the party
causing the damage. He stated the only unresolved items are the rule changes requested by the
Sheriffs Office, and that issue can be worked out with the Sheriffs Office. Mr. Pehr reiterated the
request to fence only the area in use as a range and to be allowed at least a five-year review plan,
which is absolutely critical for the project. Responding to questions from the Board, Mr. Pehr
stated an agreement for access immediately adjacent to the west has been obtained from Union
Pacific Resources, which will be effective after the applicant purchases the property upon approval
of this Permit. In reference to Development Standards #7, #8, and #9 regarding sewage disposal,
Mr. Pehr stated the applicant planned on portable toilets. Mr. Hodges stated Development
Standard #8 requires a vault privy, which must be installed, and Mr. Morrison clarified on -going use
year-round requires a permanently -installed system according to the Health Department. Mr. Pehr
stated the applicant is obligated to comply with the Health Department's requirements, but prefers
portable toilets. Chairman Hall reiterated Development Standard #8 requires a vault privy.
(Changed to Tape #95-06.) Responding to further questions from the Board, Mr. Hodges explained
the applicant will be required to reapply in five years, and Mr. Morrison clarified this Permit has a
shelf -life of five years since it is a range in an area where the use may become less appropriate
as development encroaches. He stated the Permit is allowed up to five years, but no longer
without reapplication. Commissioner Baxter stated this Permit should be allowed for the full five
years considering the surrounding property. Mr. Hodges noted for the record that he understood
from Greg Thompson, previous Planner handling this case, that the Sheriffs Office issues had
been addressed. Bob Bottorff, President of the Club, further explained the range officer situation
and confirmed at least two officers, who are club members, are on site during the five -week
sighting period. Mr. Pehr noted the members are assigned certain days and times and are given
credit toward their membership fee for their voluntary participation. Mr. Bottorff also responded the
maximum number of shooting positions allowed at one time is 14. He stated the members have
discussed the need for some type of phone, in accordance with Item 4 in the Sheriffs Office
recommendations. Responding to further questions and concerns from Commissioner Kirkmeyer,
Mr. Pehr stated the club members and/or range officers enforce the rules and violators are
removed from the property. He noted the type of people that are members are not likely to drink
and shoot and will be removed if the rules are violated. Mr. Pehr stated the range will not have
locked gates; however, the benches and berms will add safety and the area will be fenced and
supervised. He also confirmed all targets are removed when no one is at the site. Mollie
Summerville, Attorney representing Union Pacific Land Resources Corporation and Union Pacific
Resources Company, stated both entities are in favor of the proposal. She stated the Corporation
has agreed to sell the surface and hard rock minerals to the applicant and has entered into an
access agreement on the east side of Section 19. She explained the Company owns the oil and
gas minerals and confirmed agreements have been adopted with Amoco and Vessels, and all
concerns and safety issues have been addressed. Ms. Summerville stated the property will work
well for the proposed use and reiterated her clients' support. No further public testimony was
offered concerning this matter. Commissioner Baxter noted a letter of concern from Reynolds
Cattle Company who owns the surface rights and farms the east one-half of Section 19. Mr. Pehr
stated he is unfamiliar with said concerns; however, the farmer who farmed the area in the past
may continue farming the balance of the property not used for the range. Mr. Morrison confirmed
his agreement with Mr. Pehr that all land -use issues have been addressed and the remaining items
are manual revisions to the terms and rules of the Club which should be resolved with the Sheriffs
Office prior to commencement of operation. Mr. Morrison further clarified the Items 4, 7, 9, and 10
were not addressed and could be delegated to the Sheriffs Office for resolution. Commissioner
Kirkmeyer suggested a Development Standard be added requiring the applicant to contact a
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RE: HEARING CERTIFICATION - GREENMILL SPORTSMAN CLUB
PAGE 3
lead -recovery group for periodic removal of lead in accordance with Item 1; Item 2 should be
included in the rule changes as suggested by the Sheriffs Office; and addition of a Development
Standard requiring a range officer be available at all times. Mr. Hodges referred to Development
Standard #19 concerning a qualified range officer pursuant to Section 45.3 of the Zoning
Ordinance, which he read into the record. Mr. Bottorff stated the members could be qualified as
range officers since the club is affiliated with the NRA. Mr. Hodges clarified the only time a
qualified range officer is required is when more than four people are shooting. Mr. Morrison
suggested supplementing Section 45.3.3.5 by indicating in Development Standard #19 that two
qualified range officers must be present during public use. Commissioner Kirkmeyer also
suggested a Development Standard be added requiring a phone according to Item 4 and noted
Items 5 and 6 have been handled by the agreement with the oil and gas companies. During
discussion, Mr. Pehr agreed to a Development Standard requiring the berms be inspected daily
during the five -week public shooting period and inspected quarterly by members at all other times
according to Item 8. Mr. Pehr also referred to Item 10 concerning eye protection and suggested
that matter be reviewed with the rules. He reiterated the desire to fence only the area which the
club will be using for cost and farming convenience. Mr. Hodges noted Condition of Approval #5
requires the entire site be fenced and signs posted every 200 feet. Mr. Pehr stated the site is not
specifically designated on the plat and suggested Condition of Approval #5 be reworded to require
the "actual shooting range site" be fenced and posted. Responding to Commissioner Kirkmeyer,
Mr. Bottorff stated the club has an ejection board which decides loss of membership for those who
break Club rules. Chairman Hall stated that is acceptable and suggested it not be made a
Condition of Approval. Mr. Morrison summarized the additional requirements as follows: two
qualified range officers on site when four or more people are shooting; some type of
phone/communication available on the site; berms inspected quarterly excepting the five -week
public shooting period, at which time the inspections shall be conducted daily; eye and ear
protection; fencing only around the area in use as the shooting range; all unresolved rules shall be
settled with the Sheriffs Office prior to operation. Commissioner Harbert suggested the eye and
ear protection be included in the rules and not added as a Condition of Approval or Development
Standard. Commissioner Harbert then moved to approve the request of Greenmill Sportsman Club
for a Site Specific Development Plan and Special Review Permit for a recreational facility/shooting
range in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and
the Planning Commission, with the Conditions of Approval and Development Standards as entered
into the record, including the additions reviewed by Mr. Morrison and excepting the eye and ear
protection condition. The motion was seconded by Commissioner Webster, and it carried
unanimously.
This Certification was approved on the 13th day of February, 1995.
APPROVED:
ATTESTcriX BOARD OF COUNTY COMMIssIONERs
4Lj� cou pio O
Weld County Clerk to the Bo!fd
BY. 7FA_---Ccd? 4zf
Dale K. Hall, Chairman
Deputy Clerk to the Board '==--J FXCI IFFO f)ATF OF APPROVAI
TAPE #95-05 AND #95-06
DOCKET #95-13
PL0982
Barbara J. Kirkmeyer, Pro-Tem
eeo e � .-ter <
o 1< Baxter
_62 0-13-eirroce
.,onstance L. Harflert
e
Webster
9507763
PL0982
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 8TH DAY OF FEBRUARY, 1995:
DOCKET # 95-12 - Amended USR #478 for Robert and Katherine Johnson and Richard and
Marcia Chana
DOCKET # 95-13 - Amended USR #1047 for Denver Television, Inc., KDVR
DOCKET # 95-14 - USR #1031 for Greenmill Sportsman Club
DOCKET # 95-15 - USR #1072 for OneComm Corporation
PLEASE legibly write or print your name and complete address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS (Please include City and Zip Code) HEARING ATTENDING
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