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HomeMy WebLinkAbout2.0 BOCC Staff Report 02.07.2000• • BOCC 2/7/00 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: A request for review of a Special Use Permit to allow for a Shooting Range Facility. APPLICANT: Rifle Sportsman's Club. LOCATION: S1/2NW1/4SE1/4 and N1/2SW1/4SE1/4 of Section 5, Township 6S, Range 93W. Approximately 1 mile northwest of Rifle, off of County Road 244. SITE DATA: The existing range facility covers approximately 45 to 50 acres of relatively flat land with an approximately 400' sheer cliff to the north which is used as a backdrop for the range. ACCESS: Private road off of County Road 244. EXISTING ZONING: Resource Lands (RL). SURROUNDING ZONING: Resource Lands. I. INTRODUCTION: The applicants, Rifle Sportsman's Club, have 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 for several years without any concerns. 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). In addition to the existing facilities on the property, the applicant's are proposing an additional trap range as outlined in the application. This additional trap range will be a minor addition and will not significantly change the existing shooting range facility. 1 II. DESCRIPTION OF THE PROPOSAL The proposal is for a Special Use Permit for the existing shooting range facility. The existing shooting range facility includes: ► a lighted trap range with the lights powered by a generator, ► a rifle and pistol range with fixed and movable target stands, ► an archery area, ► several small structures for storage and supplies. ► Portable toilets. A second trap range is currently being constructed on-site. The report submitted by the NRA briefly mentions that the applicant's plan to bring a trailer on-site. A trailer will be allowed on-site, however, it can only be used for storage purposes and not for the purposes of living in. A lease currently exists between the Rifle Sportsmen's Club and William F. Clough, the owner of the subject property. In a letter from William F. Clough, he requests that any Special Use Permit be conditional upon the continued validity of said lease. As a condition of approval of any Special Use Permit, the Rifle Sportsmen's Club will have to maintain a valid lease on the subject property. III RELATIONSHIP TO THE COMPREHENSIVE PLAN District D: The Garfield County Comprehensive Plan, 1984, designates the property as in District D, Rural Areas/Moderate Environmental Constraints. The 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 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 D, where 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 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: This use is very compatible with surrounding properties and their uses. The subject property is in a rural area sufficiently removed from the Town of Rifle and any other residential or other uses. This use will not create a public nuisance in adjacent or surrounding areas. No adverse effects to the desirability of neighborhoods or the entire community will occur. The basic character of adjacent land will not be altered. The stability or value of adjacent or surrounding properties will not be impaired. The use will not be a hazard to public health and Safety. In fact, it will provide a safe location for people to shoot their firearms. No excessive glare, refection and/or heat from lights creating a nuisance for adjacent property owners will occur. In conclusion, the site is ideally suited for the proposed use in terms of compatibility. Conclusion: This application is in compliance with the Garfield County Comprehensive Plan, 1984. IV RIFLE COMPREHENSIVE PLAN: The subject property is not within the Rifle Comprehensive Plan area. V NATIONAL RIFLE ASSOCIATION OF AMERICA (NRA) REPORT: In a letter dated December 8, 1999, and included in the submitted application, John A. Joines, of the National Rifle Association of America states, "...the Rifle Sportsman's Club is in compliance with all aspects of the new ordinance with the exception of Item #1." In a conversation with John A. Joines, he stated that he was referring 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 states in his letter, "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 County Commissioners after a public hearing in 3 • • 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. The NRA report made several recommendations. Recommendations 1 through 9 will be conditions of any approved Special Use Permit. Further, a copy of the Rifle Sportsmen's Club Range Safety Rules was included in the report. These rules must be strictly enforced as a condition of approval of any Special Use Permit. 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. The report received from the NRA included several recommendations which address many concerns including safety. To address these concerns, recommendations 1 through 9 will be conditions of approval of any Special Use Permit. Recommendation 11 will not be a condition of approval since it deals with a concern over an impact to the lease which has been determined to not impact the lease. There was no recommendation numbered 10, thus it also will not be a condition of approval. Further, the Rifle Sportsmen's Club Range Safety Rules as included in the NRA report Appendix, will have to be enforced by the Rifle Sportsmen's Club, as a condition of approval of any Special Use Permit. 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. 4 • • (2) All shooting ranges will have sanitary facilities on site. Portable toilet facilities are located on site which satisfies this regulation. (3) Any lighting used for a shooting range shall be oriented inward and downward. The only lighting currently on-site is that for the existing trap range and those lights are directed northward, across the trap range and away from any adjoining properties. Further the NRA report states, "Lighting for the trap range is oriented in a northerly direction. They are aimed just high enough so that targets can be seen after dark. These lights, because of range location, height of lights and orientation of lighting with relation to any neighbors should not pose a concern with the ordinance." The applicants are proposing a second trap range which will have lighting as well. As a condition of approval, any lighting installed as part of this second trap range will have to be oriented in such a way as to not trespass onto adjoining properties. This will satisfy this regulation. (4) No alcoholic beverages will be allowed on the shooting range site. Rule number 1 of the Rifle Sportsmen's Club Range Safety Rules states, "ABSOLUTELY NO ALCOHOLIC BEVERAGES ALLOWED ON THE RANGE." All of the rules contained within the Rifle Sportsmen's Club Range Safety Rules, including this one, will have to be strictly enforced by the Rifle Sportsmen's Club as a condition of approval. This will satisfy this regulation. VII CITY OF RIFLE: In a letter dated January 17, 2000 (See pgs. 8, 9), the City of Rifle stated, "The Rifle Sportsman's Club has occupied this site since 1985 and has been a positive benefit to the agencies and citizens that use it. The Rifle Planning and Development Department has reviewed this application and recommends approval for the Rifle Sportsman's Club Special Use Permit with Garfield County.". VIII RIFLE RANGER DISTRICT: In a letter dated January 20, 2000 (See p. 10) from David J. Silvieus of the Rifle Ranger District, he states that residences are located on the BLM site close to the Rifle Sportsmen's Club property. With this in mind he requests that the hours of operation of the club be limited to 7:00 a.m. to 9:00 p.m. Monday through Friday, and from 9:00 a.m. 5 • • to 9:00 p.m. on Saturday and Sunday. Further he states that if special events require longer hours of operation, that he would be willing to work with the club given some advance warning of approximately 7 days. The Planning Department has given this request consideration and feels that it is a realistic request given the proximity of the two properties. Thus, as a condition of approval of the Rifle Sportsmen's Club Special Use permit, the hours of operation will be restricted to between 7:00 a.m. and 9:00 p.m. Monday through Friday, and from 9:00 a.m. to 9:00 p.m. on Saturday and Sunday. If special events require extended hours of operation, at least 7 days advance notice should be given to the Rifle Ranger District. IX. SUGGESTED FINDINGS: 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 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 (2) of the Garfield County Zoning Regulations. X RECOMMENDATION Staff recommends APPROVAL, with the following conditions of approval: 1. 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. 2. Recommendations 1 through 9 of the NRA report, dated December 8, 1999, be followed. 3. That the Rifle Sportsmen's Club Range Safety Rules as included in the Appendix of the NRA report, dated December 8, 1999, be strictly enforced. 6 . • 4. The proposed new trap range must be constructed so that lighting does not trespass on adjoining property and in such a manner that it will be adequately safe to use for its intended purpose. 5. The hours of operation of the Rifle Sportsmen's Club will be between 7:00 a.m. and 9:00 p.m. Monday through Friday, and between 9:00 a.m. and 9:00 p.m. on Saturday and Sunday. Further, if any special events require extended hours of operation, at least 7 days advance notice must be given to the Rifle Ranger District. 6. A valid lease on the property must be maintained. 7. Any trailer brought on-site can only be used for storage and not for the purposes of residential use. 8. Any violation of the terms, interpretations or agreements made or represented to Garfield County by the applicant pertaining to or included in this special use permit, shall be considered a breach of the terms of conditions and the applicant shall cease and desist all activities and forfeit any and all bond monies as may be applicable to the County. 7 JAN -20-2000 08:22 FROM:CITY OF RIFE 1-970-625-6268 TO:970 945 7785 sportcl.ub.rev 1/17/00 Pat Hopkins RIFLE PLANNING AND DEVELOPMENT RESPONSE TO GARFIELD COUNTY REFERRAL RIFLE SPORTSMAN'S CLUB Date: Applicant: Submittal Date: Action Requested: Zone District: Property Owner: Referrals: Summary: 1/17/00 Rifle Sportsman's Club 12/15/99 to Garfield County 1/5/99 from Garfield County to Rifle Special Usc Pcrmit for a Shooting Range Facility RL - Resource Lands W.M. Clough The application on this projcct as well as the proposal was distributed to Rifle City Attorney, Rifle City Council Members and Rifle Planning Commissioners for review. No response was received. The following items were noted in the RTTA for Colorado report written by Don Anderson, 12/7/99, re: The Rifle Sportsman's Club. 1) Page 6 - The club is inquiring into the possibility of obtaining more units than the three chemical toilets presently owned by the club. 2) Page 8 - There is a high degree of incline/decline on gravel entrance road beyond locked pipe swing gate. Jim Builteman, senior hunter safety instructor, indicated that it might be corrected or reduced. 3) Page 11 - A new NRA range safety rules placard needs to he installed to replace old weathered sign. P.002/003 JAN -20-2000 08:22 FROM:CITY OF RIFE 1-970-625-6268 TO:g70 945 7785 4) Page 12 - RTTA recommended that club address west accessibility to existing underground gas line. Please note that the City of Rifle Planning and Development Department has received inquiries about purchase, annexation and development of land immediately south of the Rifle Sportsman's Club owned by Maurice (or Eugene) Brown. The proposed use would be a mobile home park. The applicant would be required to take necessary steps to mitigate site problems caused by proximity to Rifle Sportsman's Club such as providing landscaping and/or berm to control noise, perimeter fencing, fencing off the irrigation ditch, etc. The Rifle Sportsman's Club has occupied this site since 1985 and has been a positive benefit to the agencies and citizens that use it. The Rifle Planning and Development Department has reviewed this application and recommends approval for the Rifle Sportsman's Club Special Use Permit with Garfield County. CC: Selby Myers, Rifle City Manager; David Ling, City of Rifle Mayor; file Cr P.003/003 United States Department of Agriculture Forest Service Garfield County Planning Department Garfield County Courthouse 109 8th. Street, Suite 303 Glenwood Springs, CO 81601 ATTENTION:Jeff Laurien White River Rifle Ranger District National 0094 County Road 244 Forest Rifle CO 81650 (970) 625-2371 TTY (970) 945-3255 FAX (970) 625-2532 Reply to: 1560/7300 Date: January 20, 2000 Dear Mr. Laurien: I have reviewed the Rifle Sportsman's Club application for a Special Use Permit for a shooting range facility as per your public notice. This matter is to come before the County commissioners on February 7, 2000, at 2:00 P.M.. We have noted the change in information submitted by John W. Savage dated December 28, 1999. As you may or not be aware, we have residences on the administrative site shown in Exhibit 3, photo #4 of the applicant's application. The residences consist of a ten person bunkhouse, and 3 trailer lots located at the Northeast corner of the BLM public lands shown as parcel #953, on ex- hibit 5 of the applicant's application. We have occupied this site since 1979, and the residences have been in place since 1985. Our only concern with this use is the hours of operation. We would like to submit that more reasonable hours of operation this close to residences, might be from 7:00 A.M. to 9:00 P.M., Monday thru Friday, and 9:00 A.M. to 9:00 P.M. on weekends would be more appropriate. If special events would but hours later in the evenings, we would be willing to work with the Club with some advance warning, say 7 days. I appreciate the opportunity to comment on this proposal, and should you or your staff have any questions regarding our comments, please contact Gary Osier or myself at the above address. Sincerely, (�2 DAVID J. SILVIEUS District Ranger RECEIVE JAN 24 GARFIELGGOIt-111 PLNN INT -109 BIN OSLATE 303 GtENWGp SPRINGS, C O g1 p1 d 101 Caring for the Land and Serving People Printed on Recycled Paper