HomeMy WebLinkAbout2.0 BOCC Staff Report 10.02.2000BOCC 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 S W 1 /4 and SE 1 /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.
SI I E 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).
1
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 clubhouseare currently m 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 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 pei niit, the City will not
entertain requests for additional extensions of the lease." Since the current, existing lease
2
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 Peiinit be granted.
The safety issue is required to be addressed in Section 5.01027(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
3
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.
Compattibilit
The compatibility of the proposed use with surrounding property is unclear ate:
given the tyertain of t e access to the private properties across the subject ,grope:
the saf, y issues these accesses -may cause.;
Coplusio
With the exception of the. uncertainty of compatibility wit - surrounding; properties, this
application appears,to b+e. incompliance 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. A guide 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
4
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 GARFIh.LD 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
5
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 %Q ^ --
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 CLa f
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 recornmends 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 shotfali 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 appro‘ed 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
6
.�e_z<-1—
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`PERI.41lITTED 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 rul es and all others be strictly enforced at all tin3es.
VII. SUGGES 1'ED 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, staff must 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.
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
7
based on the following:
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 (1)
would appear to have been complied with and staff would likely recommend approval with
conditions as outlined in this report:
8
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,
tire
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
I
FAX (970) 928-0162
Pistol Ranges
Trap Ranges
South Canyon Gun Range
Rifle Range
POLICE DEPARTMENT
CITY OF
GLENWOOD SPRINGS, COLORADO
823 Blake Avenue • Glenwood Springs, CO 81601 • 970-945-8566 • 970-945-6551
September 21s`, 2000
To: Mark Bean
Garfield County Planning Dept.
From: Terry Wilson - Chief of Police
Subj: South Canyon Gun Range
Mr. Bean,
**eta...
6
I am writing in response to our discussion earlier this week regarding the safety concerns at the
South Canyon Range. It was pointed out that there are some field -of -fire overlaps from the
Sporting Clays range to the Pistol range area. In essence, pellets from shotgun fire from the
Sporting Clays range could impact the Pistol range. I do not have enough familiarity with
Sporting Clays to address this issue beyond the fact that people in my Department far more
competent with firearms have assured me this is true.
As a mitigation to this condition, we have long employed a scheduling practice wherein law
enforcement and Glenwood Springs Gun Club functions are cross -scheduled to avoid any
conflicts. Basically, when they have an event ongoing, we are not on the property, and vice -versa.
This applies chiefly to shotgun activities. Long gun shooting is aimed in a safe location to permit
use of rifles and pistols in different areas of the range property simultaneously with safety.
In the many years of co -existence on the South Canyon property I can only recall one instance in
which the scheduling failed, and that issue was quickly resolved on-site with no safety protocols
violated. I believe this mitigation works and would continue to work. My Department serves as
the scheduling liaison for all law enforcement functions, and that arrangement seems to have
produced a safe use for all entities on this property.
I hope your staff and the Commissioners will consider this information as mitigation of the
concerns raised by the physical orientation of the Pistol Range and the Sporting Clays Range.
Respec� J tfull ..Submitted,
Terry . Wilson
Chief of Police
FAX (970) 928-0162
'SEP, 22'00 05:06PM PITKIN CNTl' SHERIFF P.2
September 22, 2000
IriVes,tigator Dave Gruys
Glenwood Springs Police Department
823. Blake Ave.
Glenwood Springs, CO 61601
Robert C. Braudis, Sheriff
Pitkin County Sheriff's Office
Dear Dave, .
Thanks very much for your help in getting the CMC Academy use of the
SOUth Canyon Range. The next series of classes will be held in the 2nd and
3rd weeks of October with the ,night shoot on .October 16.
`fou: requested that l address any specific safety issues at the pistol ranges.
Overa,ll, the ranges have been .designed with safety in mind. The concrete
wal.kways and grading are adequate for safe footing during both static and
dynamic training, For the most part, the berms and backstops are of the
correct height and design for adequate separation of the ranges and for
projectile containment, The only concern is the need for a properly
constructed right side berm on the west range. This was an issue with the
Colorado P.O.S.T. Board Subject Matter Expert Committee on Firearms during
their approval of the CMC Academy firearms program. At issue is lack of
close containment of an errant projectile, versus containment in the safety
fan area (the safe zone extending beyond the range boundaries). 'During the
presentation of the range facility to them, l did tell them that we would be
building up that side in the near future.
A r+ fl,iistratior�: 506 E. Main, Suite 101 Aspen, CO 81611 970/920-5300 Facsirtrile:970/920-5307
Des;e:nt§vn: 515 E. Sleeker, Dept.; Aspen, CO 81611 970/920-5331 Facsimile: 970/920-5339
SEP 22 '00 05:06PM PITKIN CNTY SHERIFF
P.3
Robert C. Braudis, Sheriff
Pitkin County Sheriffs Office
Although not as critical as berming, another safety issue is lack of a defined
"weapon check area." Such an area would be used for safe gear up,
unsupervised loading/unloading, and weapon cleaning and maintenance. My
suggestion is to build a long, covered workbench along one . berm at the back
.of, the west range, or place it into berm extensions that could be designed
when the right side berm is finished. A weapon check area would allow safe
weapon handling to be done while shooting exercises continue on the same
range. Agreed upon rules and signage would be in place for control;
Overall, the South Canyon Range is a multiple use facility that currently
meets the basic requirements for law enforcement training and qualification.
The numerous agencies that use it should have the opportunity to jointly
participate in a development program for upgrading the . facility and to
address future training needs. As Director of the Colorado Mountain College
Academy program, I would be willing to have the College help with
improvements that could be used by everyone.
tf you have any further questions regarding the South Canyon Range from
the perspective of an academy training program, please call me,
Sincerely,,
John Sobieralski
Firearms Program Director - Roaring Fork Regional
Firearms Program Coordinator - Colorado Mountain College,
Law Enforcement Academy
.Admi>tt atratfon: 506 E. Main, Suite 1 01 Aspen, CO 81611 970/920-5300 Facsimile: 970/920-5307
DOerltk'm: • , 515 E. Bfeeker, Dept. j Aspen, CO 81611 970/920-5331 Facsimile: 970/920-5339
SEP 22 '00 05:06PM PITKIN CNTY SHERIFF
Ti-Jk`r
P.2
Robert C. Braudis, Sheriff
Pitkin County Sheriff's Office
•
,-September 22, 2000
,'Investigator. Dave Gruys
Glenwood Springs Police Department
,823. Blake Ave.
.Glenwood Springs, CO, 81601
Dear Dave,
.Thanks very much for your help in getting the CMC Academy use of, the
South"Canyon Range. The next series of classes will be held in the 2nd and
3rd weeks of October with the night shoot on October 16.
Y;ou :'requested that l address any specific safety issues at the pistol ranges.
Overall, the ranges ,have been .designed' with safety in mind. The concrete
Walkways and grading are, adequate for safe footing during both static and
dynamic • training, For the most part, the berms and backstops are of the
correct height and design for adequate separation of, the ranges and for
projectile containment. The only concern is the. need for a properly
constructed right side berm on the west range, This was an issue with the
Colorado P.O.S.T. Board Subject Matter Expert Committee. on Firearms during
their approval of the CMC Academy firearms program. At issue is lack of
close con,tairirnent of an errant projectile, versus containment in the safety
fan area (the safe zone extending beyond the range boundaries). During the
presentation of the range facility to them, I did tell them that we: would be
building up that side in the near future.
Aurntriistrat:on: 506 E. Main, Suite 101 Aspen, CO 81611 970/920-5300 Facsimile:970/920-5307
Detention: 515 E. Sleeker, Dept. J Aspen, CO 81611 970/920-5331 Facsimile: 970/920-5339
:•SEP 22 '00 05:06PM PITKIN CNTY SHERIFF
P.3
Robert C. Braudis, Sheriff
Pitkin County. Sheriffs Office
Although not as critical as berming, another ,safety issue is lack, of a defined
"weapon• check area." Such an area would be used for safe gear up,
• unsupervised loading/unloading; and weapon cleaning and maintenance. My
,suggestion is to build a long, covered workbench along one ,berm at the back
••cf: the..west ,range, or place it into berm extensions that could be designed •
.when the right side berm is finished. A weapon check area would allow safe
weapon handling to be done while •shooting exercises continue on the same
range. Agreed upon rules and signage would be in place for control:
'.Overall, •the South Canyon Range is a mhltiple use facility that currently
meets the basic requirements -for law enforcement training and qualification.
The numerous agencies that use it should have the opportunity to 'Jointly
• participate in a development program for upgrading the .facility and to
address future training needs. As Director of the Colorado Mountain College
Academy program, 1 would be willing to have the 'College help with
irnprovements that could be used by everyone,
•
ifyou have any further questions regarding the South Canyon Range from
the perspective of an academy. training program, please call, me,
..Sincerely,,
•
, ;l,ohn Sobieralski
Firearms .Program Director - Roaring Fork Regional
,Firearms Program Coordinator - Colorado Mountain College,'
1^aw Enforcement Academy
•A mti)lstration: 506 E. Main, Suite 101 Aspen, CO 81611 970/920-5300 Facsimile: 970/920-5307
Oe'i'enton; • 515 E. Sleeker, Dept. J Aspen, CO 8161.1 970/920.5331 • Facsimile: 970/920-5339
Steve Hackett
Subject:
Due Date:
Glenwood Springs Gun Clun, South Canyon Range.
Friday, March 23, 2001
Status: Completed
Percent Complete: 100%
Date Completed: Friday, March 23, 2001
Total Work:
Actual Work:
Owner:
Categories:
0 hours
0 hours
Steve Hackett
Status
PO. Box 2362, Glenwood Springs, Co 81602. Board Chairrnan Jim Neil, 928 0624. Approval of a shooting range facility
special use permit. Compliance Inspection performed 0900 3/23/01. All conditions of approval, #1 through #6, have
been met.
Steve Hackett
1
STATE OF COLORADO
County of Garfield
)
)ss
4, _yr.,
A7 Baca
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
Don Deford
Mildred Alsdorf
, Commissioner Chairman
, Commissioner
, Commissioner
Ed Green
, County Attorney
, Clerk of the Board
, County Administrator
when the following proceedings, among others were had and done, to -wit:
RESOLUTION NO. 0/9_94
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:
1. That proper posting and public notice was provided as required by law 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 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 useeof a Shooting Range Facility, upon the following specific conditions:
All zoning regulations must be met before any pecial Use Permit shall be issued.
y remaining structures which were used for the old rifle range, which is no longer to be Vic.,,
used, must be removed. e t, c . c4.
- e l ✓ t , A C'_ tad i ft; 7-4
rs. Red flags must be posted at both ends of the internal access road at any time' any
ranges are in use. � �c.� ,z -Le_ i' a . t �L
No alcohol will be permitted within two hundred feet (200') of any range. 0 . e r p -foe'
J u e' t -4
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 ranged etc.,
before any Special Use Permit shall be issued. -71-, cc h� aw l tit 1-0
1�� 6 e,, ; J.- m p_ r P T' e,• —
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 day of , A.D. 20
ATTEST: GARFIELD COUNTY BOARD OF
COMMISSIONERS, GARFIELD COUNTY,
COLORADO
Clerk of the Board Chairman
Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote:
STA 1b 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at
Glenwood Springs, this day of , A.D. 20
County Clerk and ex -officio Clerk of the Board of County Commissioners
March 5, 2001
Glenwood Springs Gun Club, Inc.
P.O. Box 2362
Glenwood Springs, Co 81601
Dear Sirs:
Attached is the Lease Agreement for Gun Club Operations entered into by and between the City
of Glenwood Springs, Colorado effective 1st day of February, 2001.
If you have any questions, please call (970) 945-2575 and ask to speak to the City Attorney.
Sincerely,
Miki Piper
Legal Assistant
806 COOPER AVENUE GLENWOOD SPRINGS, COLORADO 81601 970/945-2575 FAX: 945-2597
LEASE AGREEMENT FOR GUN CLUB OPERATIONS
THIS LEASE AGREEMENT FOR GUN CLUB OPERATIONS is entered into by and
between the CITY OF GLENWOOD SPRINGS, COLORADO ("Lessor"), a municipal
corporation and home rule city organized pursuant to the laws of the State of Colorado, and the
GLENWOOD SPRINGS GUN CLUB, INC. ("Lessee") to become effective on the / -.If day of
, 2001.
WITNESSETH:
Lessor, for and in consideration of the rents herein reserved and of the benefits derived by
the City of Glenwood Springs as a result of the Lessee's abiding by the covenants, agreements,
and conditions contained herein, does hereby grant a non-exclusive lease to Lessee for the
following property and for the purposes described hereinbelow:
A tract of land in Garfield County, Colorado, being a portion of Section 11, Township 6
S., Range 90 W. of the Sixth Principal Meridian, being more particularly described as
follows: All that portion of the S '/2 of the N1/4 of said Section 11 lying easterly of
County Road 134, and all portions of the SW 1/4 and the SE 1/4 of Said Section 11, as
shown on the map attached hereto and incorporated herein for all purposes as Exhibit
Section 1. The leased premises, as described hereinabove, shall be used by Lessee for the
following purposes only and shall be specifically located on Exhibit A:
A. Access over and maintenance of the access road which extends easterly from
County Road 134, being in the SW 1/4 of Section 11, as designated on the
attached Exhibit "A".
B. Maintenance of a security gate on the road described in Paragraph A, said gate to
be locked when the leased property is not in use with keys to the member only
and any and all property owners using the access road for entrance into their
properties.
C. Reconstruction, maintenance and operation of a target range, pistol silhouette
range and rifle range.
D. Maintenance and operation of the existing trap shooting range.
E. Reconstruction, maintenance and operation of a sporting clays course and a long-
range rifle range.
F. Reconstruction, maintenance and operation of police pistol, shotgun, and rifle
ranges for use by Lessee upon prior approval of the Police Chief for the City of
Glenwood Springs. Any use of these facilities by Lessee must be covered my
Lessee's insurance for damage or injury occurring the use of the facilities.
G. Construction, maintenance and operation of paintball and archery ranges.
H. The sporting clays portion of the leased premises shall be separated from the
remainder of the leased premises.
I. Construction, maintenance and operation of a building for use as classroom space
by Lessee.
J. Construction, maintenance and operation of a flag system for alerting adjacent
property owners that the range(s) is in use. Such system shall include two (2) 12 -
foot poles, located at either end of the leased premises, and two (2) flags, each 18"
by 24".
Section 2. Lessee shall maintain with the City Manager of the City of Glenwood Springs
a current list of rules and regulations for use of the leased premises. Such rules and regulations
shall provide generally for the preservation of the public health, safety and welfare and shall
provide for public access to the leased premises at times to be agreed up between the parties.
The rules arid regulations shall be posted prominently at the entrance to the leased premises and
at every range location. Any amendment to the rules and regulations shall be subject to the prior
written approval of the City Manager or his designee.
Furthermore, on or before May 1" of each year of the lease, Lessee shall submit to
the City Manager and the Lessee's Police Chief an annual schedule of organized shooting events
to occur on the leased premises. The schedule of organized shooting events to occur on the
leased premises. The schedule shall be expressly approved in writing by the City Manager prior
to the commence of any organized shooting events. Upon the submittal of the rules and
regulations, Lessee shall also indicate its designated contact person with respective telephone
numbers for purposes of this Lease. The leased premises shall be used for Lessee sanctioned
activities only.
A copy of the rules and regulations and schedules shall be maintained on file with
the Lessor.
Section 3. Lessee agrees to include in its rules and regulations, as well as notification to
its members, that there will be no alcoholic beverages consumed within 200 feet of any range,
and that no alcoholic beverages shall be onsite and/or consumed before or during any shooting
activities. At those other times and places where alcoholic beverages may be consumed, it shall
be limited to 3.2 beer, and, as the leased premises have been formally identified as park land by
the City in its Municipal Code, all containers shall be made of materials other than glass.
2
Section 4. Lessee shall be responsible for trash removal from the leased premises and the
trash shall be disposed of off-site and in a legal manner. The leased premises shall remain trash
and litter -free at all times during the term of this Lease. Lessee shall not be responsible for trash
or litter resulting from any police agency's use of the police pistol, shotgun, and rifle ranges.
Section 5. As the use of the leased premises are subject to a special use permit issued by
Garfield County, a copy of which is attached hereto as Exhibit "B", Lessee shall, at all times,
comply with all conditions contained therein. Any changes to the use of the property, including
but not limited to construction, shall be subject to the approval of Lessor and Garfield County
prior to such change taking effect.
Section 6. This Lease shall be for a term of five (5) year commencing upon the date of
execution by both parties, such date indicated hereinabove, and terminating on the fifth
anniversary of such commencement date. This Lease may be renewed for additional five-year
periods upon the written request by the Lessee and the written approval of Lessor, such request
to occur no later than sixty (60) days prior to the termination date.
Section 7. Lessee agrees to pay Lessor an annual rent of $10.00, due and payable on or
prior to January 151 of each year during the lease term, with the first payment due upon execution
of this Lease.
Section 8. This Lease is non-exclusive and such is acknowledged by the Lessee.
Adjacent property owners shall have access through the leased premises, such owners currently
being Wade Davis and Malcolm Jolley, over the access road also used by the Lessee hereunder.
Lessee shall not prohibit such access and shall not conduct its activities in such a manner as to
restrict such access.
Section 9. Lessor may terminate this Lease for convenience upon ninety (90) days
written notice to the Lessee. Should Lessor in its sole discretion determine that the property
subject to this Lease shall be put to different use(s), Lessee agrees to remove any and all of
Lessee's equipment and/or buildings. Should Lessee fail to remove such equipment or buildings
from the property no later than the effective date of the termination of this Lease, the remaining
equipment and buildings shall be deemed abandoned and shall become the property of the
Lessor.
Lessor may also terminate this lease upon thirty (30) days written notice to the Lessee
upon the Lessee's failure to comply with any provision or obligation of this Lease. Such written
notice shall include an explanation of the provision or obligation so violated. Lessor's failure to
terminate for a violation of this Lease shall not be a waiver of the Lessor's rights to terminate this
Lease for any other violation hereof. Equipment, buildings or other personal property owned by
Lessee and any of its members shall be removed from the leased premises within thirty (30) days
from the date of the notice to terminate the lease. Failure to timely remove the property as
required shall render the property abandoned and shall become the property of the Lessor.
3
Section 10. In the event Lessee is required to remove, relocate or modify any of its
facilities under the terms of this Lease, and the premises are inaccessible for a reason outside of
the Lessee's control, Lessee shall be allowed a reasonable grace period for the removal,
relocation, or modification of the facilities until the inaccessibility is remedied.
Section 11. Lessee hereby agrees to hold harmless and indemnify Lessor from any loss,
claim, demand, injury, obligation, or liability of whatever nature (including attorneys' fees)
resulting from or arising out of or in connection with the occupation, use, or operation of the
leased premises by Lessee or Lessee's members. Lessee shall obtain and maintain during the
term of this Lease a policy or policies of liability insurance wherein Lessor is named as an
additional insured with coverages not less than $1,000,000 per occurrence. Upon execution of
this Lease, Lessee shall provide Lessor with a Certificate of Insurance or duplicate original
policy evidencing such coverages in effect as of the commencement of this Lease and shall
provide same each time the insurance policy or this Lease is renewed. Lessee further agrees to
make provision for the immediate notification of the Lessor in the event said policy is canceled.
Section 12. Any and all improvements to the leased premises, including but not limited
to road and drainage improvements, permanent buildings, fences, or gates, shall become the
property of the Lessor upon the termination of this Lease.
Section 13. Every notice, approval, consent or other communication authorized or
required by this Lease shall be directed to the following addresses, unless a change of address is
provided to the other party by written notice.
Lessee:
Glenwood Springs Gun Club, Inc.
P. O. Box 2362
Glenwood Springs, CO 81602
Lessor: City Manager
City of Glenwood Springs
806 Cooper Avenue
Glenwood Springs, CO 81602
Section 14. Maintenance and security of Lessee's improvements to the leased premises
shall be the responsibility of the Lessee. Nothing in this Lease shall be construed to impose
maintenance upon the Lessor, and Lessor shall not be liable for any loss or damages suffered by
Lessee from Lessee's use of the leased premises.
Section 15. If any of the terms, covenants, conditions, or provision of this Lease shall,
for any reason, be invalid or unenforceable, the remainder of the Lease shall not be affected
thereby, and each remaining term, covenant, condition and provision of this Lease shall be valid
and be enforced to the fullest extent permitted by law, unless such invalidity defeats the purpose
of this Lease.
4
Section 16. All of the covenants, condition, and agreements contained in this Lease shall
be binding and inure to the benefit of the respective parties hereto, as well as their respective
successor in interest of any kind.
Section 17. This Lease shall not be assigned or sublet by the Lessee.
Section 18. This Lease contained the complete agreement between the parties and
supersedes any other agreements between the parties, whether written or oral.
IN WITNESS WHEREOF, the parties have set their seals and signatures in duplicate
originals, each deemed an original for all purposes.
ATTEST:
Robin S. Clemons, City Clerk
ATTEST:
LG%rv1, ^ L1uLJG4J[JQ.�I
Pam Railsback, Secretary
CITY OF GLENWOOD SPRINGS, COLORADO
Skrtrlstad, Mayor
GLENWOOD SPRINGS GUN CLUB
/y /
.(-41
Seth Coller, Vice President
5
sr a
6' .
EXK‘TA
C.. cry f(11^.,
•
.412,` --".: �S7/t
--1
i Com`'
.eJI I /II/I I/I/ �i /r IrAr/.
9y _ - .. _
' .� , SAtJI?AfZ'{
:4 4 p c 1LI- :__ , C
/ 1
—
6
1.
;1
•
,s 1
?au.las kee_A _.._
._„
--
A. Access P.04.4
B. Proposed gk.re- to Co.��o••
C..TArc ek a— & s tLoc.e3'-Ve. ra+ �jL
Ey-Zs ��� 4r A .+
E, . Pro Po 5e d -tro r'c.-- j
0
12.
•
'
__LP _A IL
• •
•Ar.,ararani/7:1 _
RC:4r,TY) r
o°.
7 as
JJ'
•
0
0
•r •
4
•
1 .
oo
JEEP
1E0
•
\ \ : • 7i7S
c / 1
64
-s
r.
- - c3,<:5
SOL & CA .1 Qt.) PRoPE2T'1' —
C>•.” --NE o sefi Gr(DF' (aL.E,Nw000 SW -U -1C. S
APPRo)4 1.400 AC-.
. / .
!O