HomeMy WebLinkAbout4.0 Resolution 2000-8411!111111111 IIIII 111111111111111111111 III 1111111111111
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STATE OF COLORADO
County of Garfield
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At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held
in the Commissioners' Meeting Room, Garfield County Courthouse, in Glenwood Springs on Monday , the
2nd day of October A.D. 2000, there were present:
John Martin
Walt Stowe
Larry McCown
, Commissioner Chairman
, Commissioner
, Commissioner
Don Defor.
Mildred Alsdorf
Ed Green
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
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RESOLUTION NO. 2nnn-R4
A RESOLUTION CONCERNED WITH THE APPROVAL OF A SHOOTING RANGE FACILITY
SPECIAL USE PERMIT APPLICATION FOR GLENWOOD SPRINGS GUN CLUB.
LEGAL DESCRIPTION
A PORTION OF SECTION 11, TOWNSHIP 6 SOUTH, RANGE 90 WEST OF THE SIXTH P.M.,
GARFIELD COUNTY
WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has received
application from the Glenwood Springs Gun Club, concerned with a Shooting Range Facility Special Use
Permit to allow for the use of the subject property as a shooting range facility;
WHEREAS, the Board held a public hearing on the 2nd day of October, 2000, upon the question
of whether the above-described Shooting Range Facility Special Use Permit should be granted or denied,
at which hearing the public and interested persons were given the opportunity to express their opinions
regarding the issuance of said Special Use Permit; and
WHEREAS, the Board on the basis of substantial competent evidence produced at the
aforementioned hearing, has made the following determination of fact:
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1. That proper posting and public notice was provided as required by law for the hearing before
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the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete,
that all pertinent facts, matters and issues were submitted and that all interested parties were
heard at that hearing.
3. That for the above stated and other reasons, the proposed Special Use Permit is in the best
interest of the health, safety, morals, convenience, order, prosperity and welfare of the
citizens of Garfield County.
4. That the application is in conformance with the Garfield County Zoning Resolution of 1978,
as amended.
5. The Board of County Commissioners finds that the applicant has demonstrated adequate
safety measures have been taken in accordance with Section 5.03.027 (1) of the Garfield
County Zoning Regulations.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield
County, Colorado, that the Shooting Range Facility Special Use Permit be and hereby is approved to allow
for the use of a Shooting Range Facility, upon the following specific conditions:
1. All zoning regulations must be met before any Special Use Permit shall be issued.
2. Any remaining structures which were used for the old rifle range, which is no longer to be
used, must be removed.
3. Red flags must be posted at both ends of the internal access road at any time when any
ranges are in use.
4. No alcohol will be permitted within two hundred feet (200') of any range.
5. A lease must be in place, with the City of Glenwood Springs, for the subject property,
allowing the use of the property for a shooting range facility, and listing all permitted uses
as part of the shooting range facility, i.e. clubhouse, paintball range, archery range, etc.,
before any Special Use Permit shall be issued.
6. That all representations of the applicant, either within the application or stated at the hearing
before the Board of County Commissioners, shall be considered conditions of approval.
Dated this 1 Oth day of October , A.D. 2000 .
ATTEST:
GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Chai
• ;;(.upon motion duly made and seconded the foregoing Resoluti
ted by the followin: vote:
COMMISSIONER CHAIRMAN JOHN F. MARTIN
COMMISSIONER WALTER A. STOWE
COMMISSIONER LARRY L. MCCOWN
STATE OF COLORADO
)ss
County of Garfield
I, , County Clerk and ex -officio Clerk of the Board of County
Commissioners in and for the County and State aforesaid do hereby certify that the annexed and foregoing
Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for
said Garfield County, now in my office.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 20
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County Clerk and ex -officio Clerk of the Board of County Commissioners
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BOCC 10/02/00
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: A request for review of a Special Use Permit to
allow for a Shooting Range Facility.
APPLICANT: Glenwood Springs Gun Club, with authorization of
the City of Glenwood Springs.
LOCATION: A portion of Section 11, Township 6 S., Range 90
W. of the 6th P.M., Garfield County. More
particularly described as the S1/2, S1/2, NW1/4 of
Section 11, lying easterly of County Road 134, and
the SW1/4 and SE1/4 of Section 11, as shown on the
map included in the application submittal labeled
Exhibit 'A'. Approximately three (3) miles west of
Glenwood Springs off of County Road 134.
SIlE DATA:
ACCESS:
EXISTING ZONING:
SURROUNDING ZONING:
I. INTRODUCTION:
The existing range facility covers approximately 320
acres of land with topographic features (hills) which
are used as a backdrop for the range.
County Road 134.
Agricultural/Residential/Rural Density(A/R/RD).
A/R/RD.
Northeast corner: Open Space (O/S).
The applicant, Glenwood Springs Gun Club, has approached the county to receive a
Special Use Permit for the purpose of allowing a Shooting Range Facility on the subject
property. The subject property has been used as a Shooting Range Facility since 1972. A
Special Use Permit was not required when the facility was first opened since there were no
regulations requiring a Special Use Permit for the use. The applicant's have taken it upon
themselves to apply for a Special Use Permit to ensure that the existing facility will be in
compliance with existing County Regulations (Section 5.03.027, Special Use Permit for a
Shooting Range Facility, of the Garfield County Zoning Regulations).
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II. DESCRIPTION OF THE PROPOSAL
The proposal is for a Special Use Permit for the existing shooting range facility. Hours of
operation would be from 8:00 a.m. through 9:00 p.m., or dusk, whichever comes first;
Sunday through Saturday, with the exception for law enforcement which may conduct
exercises after dark.
The existing shooting range facility includes:
► 3 trap ranges
► 2 pistol ranges
► a target and silhouette range
► a sporting clays range
► a paintball range, including a combat enclosure
► a 12'x60' clubhouse, and several small structures for storage, and supplies
► 5 portable toilets
Although the paintball range, and clubhouse are currently in existence, the lease between
the Gun Club and the City of Glenwood Springs (See application package), does not list
them as "Use of Premises" as other uses are listed. Subsection 'F' of the 'Use of
Premises', of the lease states, "Such other specific activities in specific locations upon the
leased premises as shall be expressly approved in writing by the City Manager of the City
of Glenwood Springs according to the procedures and conditions set forth." Nothing in
writing from the City Manager of the City of Glenwood Springs has been submitted
allowing a paintball range or clubhouse. Since staff recommends that as a condition of any
approval, the lease between the Gun Club and the City of Glenwood Springs be complied
with, staff recommends that the paintball range and clubhouse not be allowed as a use in
any Special Use Permit that may be approved.
In addition to the existing facilities on the property, the applicant is proposing an additional
trap range, and an archery range as outlined in the application. The additional trap range
appears to be a minor addition, is allowed within the current lease, and should not
significantly change the existing shooting range facility. However, the request for an
archery range is of concern to the staff since it is not listed in the existing lease agreement
between the Gun Club and the City of Glenwood Springs. As above, with the paintball
range, and clubhouse, staff recommends that an archery range not be allowed as a use in
any Special Use Permit that may be approved.
A lease exists between the Glenwood Springs Gun Club and the City of Glenwood Springs,
the owner of the subject property. In a letter from Sam Skramsted, the Mayor of Glenwood
Springs (See application submittal), it is stated that the lease agreement has been extended
to November 30, 2000 to allow the gun club to obtain a valid Special Use Permit, and to
negotiate a new lease. This letter also states, "Please be advised that, should significant
progress not be made regarding the obtaining of a special use pernlit, the City will not
entertain requests for additional extensions of the lease." Since the current, existing lease
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will expire on November 30, 2000, staff recommends as a condition of any approval, that a
valid lease be maintained between the City of Glenwood Springs and the Gun Club
allowing any uses that the Special Use Permit approves.
In a telephone conversation with Robert Dobbs, the president of the Gun Club, and
applicant, he explained to staff that at least three (3) separate individuals have access
across the subject property to their privately owned property. An easement agreement
between Todd Leahy and Wade Davis and the City of Glenwood Springs, has been
submitted as part of the application package. As a condition of any approval, staff
recommends that this easement agreement be maintained if these private parties are to
continue to use this easement to access their property. However, it appears that at least one
(1) other private party gains access to their property via the internal access road without
any agreement in place between this party and the City of Glenwood Springs. Staff is
concerned about the status/validity of any access to any private properties across the
subject property without any agreements or easements for there use. Access across a gun
range to private properties also raises a safety concern. Staff recommends that both of these
issues (valid access and safety) be addressed before any Special Use Permit be granted.
The safety issue is required to be addressed in Section 5.03.027(1) of the Zoning
Resolution which is elaborated upon in Section VI of this staff report.
III RELATIONSHIP TO THE COMPREHENSIVE PLAN
District E
The Garfield County Comprehensive Plan, 1984, designates the property as in District E,
Rural Areas/Severe with Moderate Environmental Constraints, poor ability to absorb
growth. The severe and moderate environmental constraints pertain to residential and
commercial development where buildings would be constructed for housing or work use.
Since this application is not for either of these uses, the severe and moderate environmental
constraints will not have an impact on this application. In fact, an application for a shooting
range facility where no buildings will be used to house people or have people within
buildings for extended periods of time is an ideal use for District E, where severe and
moderate environmental constraints exist.
Recreation/Open Space:
Goal:
The overall goal of the recreation/open space component of the Comprehensive Plan is:
TO ENSURE ADEQUATE PARKS, RECREATIONAL FACILITIES, AND PASSIVE OPEN
SPACE ARE PROVIDED THROUGHOUT THE COUNTY SO THAT COUNTY
RESIDENTS AND VISITORS HAVE AMPLE RECREATIONAL OPPORTUNITIES AND
TO MAINTAIN THE RURAL CHARACTER OF THE COUNTY.
A shooting range facility on the subject property will offer a recreational facility where
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people can go to safely shoot their guns and watch organized shooting events. In addition,
a shooting range facility will maintain the rural character of the area as well as preserve the
western culture where guns were a big part of the history.
Compatibility:
The compatibility of the proposed use with surrounding property is unclear at this time
given the uncertainty of the access to the private properties across the subject property and
the safety issues these accesses may cause.
Conclusion:
With the exception of the uncertainty of compatibility with surrounding properties, this
application appears to be in compliance with the Garfield County Comprehensive Plan,
1984.
IV. GLENWOOD SPRINGS POLICE DEPARTMENT:
In a letter dated August 3, 2000 (See p.9), Terry Wilson, Chief of Police, states his support
of the application and, "I believe the range is a safe environment to conduct firearms
activities in...". In addition, Chief Wilson included a number of photos printed out on 8
1/2" x 11" paper of the range (See pgs. 10-13).
V NATIONAL RIFLE ASSOCIATION OF AMERICA (NRA) REPORT:
In a letter titled "Range Report", and included in the submitted application, Robert M.
Dodds, a certified NRA instructor (and applicant) states, "As a certified NRA instructor I
have examined the Glenwood Springs Gun Clubs range's. Using the NRA's 'The Range
Manual' as a guide. I have found all ranges to be in compliance with the safety
recommendations found in the NRA range manual." Staff recommends as a condition of
any approval, all safety recommendations/regulations contained within The NRA Range
Source Book, Aguide to Planning & Construction, published by the National Rifle
Association Range Department, 11/99 be complied with at all times.
For the Board's reference, during the Rifle Sportsman's Club Special Use Application for a
shooting range, staff had a conversation with John A. Joines, of the NRA. He made
reference to Section 5.03.027 (1) of the Garfield County Zoning Regulations, which states,
"All outdoor shooting ranges shall be designed by a NRA Range Technical Team, in
accordance with the standards established in the NRA document entitled 'The Range
Manual', unless modified by the Board of County Commissioners after a public hearing in
which it was demonstrated that adequate safety measures have been taken by the
applicant." Mr. Joines stated that the NRA did at one time design ranges, however, the
NRA no longer does this. As he stated in a letter for the Rifle Sportsman's Range SUP
application, "The NRA will not sanction or certify ranges." However, this will not be
required if, as the second part of this regulation states, "...unless modified by the Board of
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County Commissioners after a public hearing in which it was demonstrated that adequate
safety measures have been taken by the applicant." In discussing "adequate safety
measures" with Mr. Joines, he stated that with the human factor involved, the NRA would
not certify any range as perfectly safe, and thus, it would be up to the applicant to
demonstrate adequate safety measures to the satisfaction of the Board of County
Commissioners as stated in the regulation above.
A copy of the Glenwood Spring's Gun Club Range Rules and Safety Procedures was
included in the application submittal. Staff recommends as a condition of any approval of a
Special Use Permit, that these rules be strictly enforced with the modifications completed
as outlined later in this report.
VI GARFIELD COUNTY ZONING RESOLUTION:
Section 5.03.027 Shooting Range Facility:
A shooting range facility shall meet the following standards as well as all other standards
applicable to a Special Use: (A. 98-108)
(1) All outdoor shooting ranges shall be designed by a NRA Range Technical Team, in
accordance with the standards established in the NRA document entitled "The Range
Manual ", unless modified by the Board of County Commissioners after a public hearing
in which it was demonstrated that adequate safety measures have been taken by the
applicant.
As discussed earlier, the NRA no longer designs outdoor shooting ranges. Thus, this
requirement cannot be satisfied. However, as the second part of this regulation states,
"unless modified by the Board of County Commissioners after a public hearing in which it
was demonstrated that adequate safety measures have been taken by the applicant." Thus,
if the applicant can demonstrate to the Board of County Commissioners that
adequate safety measures have been taken, this requirement will be satisfied. As
stated earlier, a letter titled "Range Report" was received from Robert Dodds, an NRA
certified instructor (and applicant) stating, "I have found all ranges to be in compliance
with the safety recommendations found in the NRA range manual." Further, a copy of the
Range Rules and Safety Procedures has been submitted with the application. As a
condition of any approval, staff recommends that these rules, as they have been modified
below, be clearly posted at the site, and strictly enforced. The Board of County
Commissioners may find that this and any other information that may be supplied by the
applicant at the public hearing may constitute adequate safety measures to satisfy the above
regulation.
Staff would like to relay to the Board of County Commissioners that some concern has
been raised verbally by interested persons regarding the possibility that shotgun shot from
some of the sporting clay ranges may be falling onto the access road within the subject
property. In addition, the possibility that shotgun shot from the trap ranges is falling upon
the paint ball range has been expressed. Further, it has been expressed that some of the
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sporting clay ranges may impact upon the hand gun range closest to the sporting clay
ranges.
If shotgun shot is falling upon the access road from any sporting clay ranges, the range as it
exists would appear to not be in compliance with Section 3.04.1.1 of the NRA Range
Source Book, which states, "Parking lots and roadways should be constructed in areas
outside the range so that neither parking areas nor roadways fall within the shooting range
area." Upon conducting a site inspection, it appears that some of the sporting clay ranges
are set up in such a way that they may in fact impact upon the internal access road. Thus,
the applicants may wish to relocate these ranges in such a manner as to ensure no impact
upon the internal access road. Staff recommends that this concern be addressed to the
satisfaction of the Board of County Commissioners with respect to safety, and any other
concerns the Board of County Commissioners may have, before any Special Use Permit is
approved.
If shotgun shot is falling upon the paint ball range and/or the closest hand gun range to the
sporting clay range, then the range, as it is currently configured, would not appear to
comply with the shotfall zone as outlined in Sections 3.02, 3.03, and 3.04, of Section Two,
Chapter 11, of the NRA Range Source Book, which requires a 300 yard shot fall zone.
Staff recommends that this issue be adequately addressed, in terms of safety, and any other
concerns the Board may have, during the Board of County Commissioners hearing to the
satisfaction of the Board to receive approval of any Special Use Permit.
Staff would also like to point out that no outside independent "expert" has been retained
by the applicants to review the shooting range for compliance with the NRA Range
Manual. Although the NRA does not design ranges anymore, as with the Rifle Sportsman's
Club application for a Special Use Permit, a member of the NRA, Mr. Joines, inspected the
range and made recommendations regarding safety and other issues. These
recommendations were approved by the Board of County Commissioners as conditions of
approval for the Rifle Sportsman's Club Special Use Permit. As such, the Board of County
Commissioners may wish to require the applicant to retain a similar outside independent
"expert", at the applicant's expense, to review the subject shooting range for compliance
with the NRA Range Manual, and make recommendations before granting any approval.
(2) All shooting ranges will have sanitary facilities on site.
Portable toilet facilities are located on site.
(3) Any lighting used for a shooting range shall be oriented inward and downward.
No lighting on the range is currently available or is proposed.
(4) No alcoholic beverages will be allowed on the shooting range site.
The application submittal states, "Use of alcoholic beverages on the ranges is
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prohibited." The Rifle/Pistol Area Range Rules state, "7. No alcohol is permitted on
the firing line..." The Range Rules for Shotgun state, "8. Please, no beer or alcohol
drinks during shoot." In addition, the "Safety Procedures" section of the submittal
states, "Use of alcoholic beverages during shooting events is prohibited. Please
refrain until the guns are put away." Several of these statements, especially the last
statement, appear to allow the use of alcohol on the site after the "guns are put
away". This would not comply with the above regulation, which states, "no
alcoholic beverages will be allowed on the shooting range site.". As such, as a
condition of any approval, staff recommends that all the rules and safety procedures
be modified to clearly state that, "NO ALCOHOL IS PERMITTED ON THE
SHOOTING RANGE SITE. This means no alcohol is allowed on the subject
property whatsoever, at any time." Staff also recommends, as a condition of any
approval, that these rules and all others be strictly enforced at all times.
VII. SUGGESTED FINDINGS:
Given that at the time of the writing of this staff report, the Board of County
Commissioners has not and obviously could not have made a finding that the range is or is
not safe, staffmust make the following suggested findings based on the appearance that the
application does not comply with the NRA Range Manual. If the Board finds that the
application is safe, then the following suggested findings numbered 3, 4, and 5 may want
to be reversed by the Board:
1. That proper posting and public notice was provided as required for the hearing
before the Board of County Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed Special Use Permit is not
in the best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
4. That the application is not in conformance with the Garfield County Zoning
Resolution of 1978, as amended.
5. The Board of County Commissioners finds that the applicant has not demonstrated
adequate safety measures have been taken in accordance with Section 5.03.027 (2)
of the Garfield County Zoning Regulations.
X RECOMMENDATION
Staff recommends DENIAL, of the applied for Special Use Permit for a Shooting Range
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based on the following:
1. Section 5.03.027 (1), of the Zoning Resolution which pertains to safety does not
appear to have been complied with in the submitted application.
Staff would like to note that if the Board decides/determines that the range is safe,
according to Section 5.03.027 (1) of the Zoning Resolution, then Section 5.03.027 (I)
would appear to have been complied with and staff would likely recommend approval with
conditions as outlined in this report.
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To:
POLICE DEPARTMENT
CITY OF RECEIVED AUG 0 4 2000
GLENWOOD SPRINGS, COLORADO
823 Blake Avenue • Glenwood Springs, CO 81601 • 970-945-8566 • 970-945-6551
August 3rd, 2000
Garfield County Planning Department
109 8th St., Suite 303
Glenwood Springs, CO 81601
From: Terry Wilson - Chief of Police
Subj: Special Use Permit for Gun Range
Mr. Bean and Staff,
This memo is in response to receiving your packet as submitted by the Glenwood Gun Club for a
Special Use Permit at the current range site in South Canyon. It appears after review that Mr.
Dobbs and the Club have done a very comprehensive job of completing the application, and I am
fully in support of approval.
The Glenwood Springs Gun Club occupies property owned by the City of Glenwood Springs, and
for several years the Club and local law enforcement agencies have engaged in a cooperative
sharing of space, time and facilities to enable comprehensive firearms training for Officers. Law
enforcement agencies in the area have combined resources to build, improve and maintain the
pistol ranges, with an emphasis on improving safety throughout the range area. Scheduling of the
pistol ranges is a cooperative effort, with my Department scheduling all law enforcement shooting
times and acting as the liaison with the Club.
The City's Public Works Department and the Colorado Department of Transportation have aided
in improving road conditions and access to the ranges, as well as constructing safety berms. Rules
for use of the ranges meet or exceed NRA recommendations, and are monitored by range officers.
I believe this permit is essential to comprehensive firearms training for law enforcement. I believe
the range is a safe environment to conduct firearms activities in, and local law enforcement is
discussing future improvements that would enhance our ability to train Officers safely and
effectively.
I have included a few photos that I had taken of the area and facilities to assist you in your
decision. If there is anything further I can do or supply to promote this process please feel free to
contact me.
Te
FAX (970) 928-0162
Pistol Ranges
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Trap Ranges
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South Canyon Gun Range
PISTOL RANGE RULES
1. HANDGUNS ONLY,
2 LONG GUNS ALLOWED WITH CLUB APPROVAL.
3. APPROVED PAPER AND IPSC TARGETS ONLY.
4 NO CANS, BOTTLES OR TRASH TO BE USED
AS TARGETS,
5, PICK UP ALL BRASS AND SPENT CASES.
6. APPROVED IPSC STEEL TARGETS CAN BE
USED ON EAST RANGE ONLY. STEEL ON
WEST RANGE WITH PRIOR CLUB APPROVAL,
7. LAW ENFORCEMENT HAS PRIORITY USE ON
ALL PISTOL RANGES.
8.KEEP RANGE CLEAN, PICK UP AFTER YOURSELF
9. THINK SAFETY FIRST. LAST AND ALWAYS!
Rifle Range