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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13) Planning Commission Hearing Date: June 11, 2013 Board of County Commissioners' Hearing Date: June 27, 2013 Staff Report Date: May 28, 2013 Page 1 of 44 TELLER COUNTY PLANNING COMMISSION Regular Monthly Meeting: June 11, 1013 Agenda Item No. IV Request by the Teller County Shooting Society for approval of a Special Use Permit to allow a Private Recreational Facility (Gold Camp Shooting Sports Center - Outdoor Shooting Range) on ±142.7 acres in the A-1 (Agricultural) Zone District located southeast of the intersection of State Highway 67 and CR 81 (Gillette Flats area) in portions of Sections 9 and 10, Township 15 South, Range 69 West of the 6 th P.M., County of Teller, State of Colorado (more commonly known as 1805 County Road 81, Cripple Creek, Colorado 80813). STAFF REPORT File No. SUP-00105 (13) APPLICANT : Teller County Shooting Society PROPERTY OWNER: Cripple Creek & Victor Gold Mining Company REPRESENTATIVE: William Guman & Associates, Ltd. REQUEST : Special Use Permit to allow a Private Recreational Facility (Gold Camp Shooting Sports Center - Outdoor Shooting Range) STAFF : Janice E. Fetrow, Senior Planner LOCATION: The property is located generally southeast of the intersection of State Highway 67 and CR 81 (Gillette Flats area) on the east side of CR 81, at 1805 CR 81, Cripple Creek, Colorado 80813 (see Appendix A: Location Map). LEGAL DESCRIPTION : See Appendices C and D: Legal Description and Legal Exhibit of this Staff Report. ZONE DISTRICT : A-1 (Agricultural) Publication Date: May 29, 2013 Adjoining Notice: April 12, 2013 Posted Notice: April 12, 2013 through June 10, 2013 Staff Report Date: May 28, 2013 STAFF RECOMMENDATION: Staff recommends that the Teller County Planning Commission recommend to the Board of County Commissioners Approval with Conditions of the request from the Teller County Shooting Society for a Special Use Permit to allow a Private Recreational Facility (outdoor shooting range).

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Page 1: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 1 of 44

TELLER COUNTY PLANNING COMMISSION

Regular Monthly Meeting: June 11, 1013

Agenda Item No. IV

Request by the Teller County Shooting Society for approval of a Special Use Permit to allow

a Private Recreational Facility (Gold Camp Shooting Sports Center - Outdoor Shooting

Range) on ±142.7 acres in the A-1 (Agricultural) Zone District located southeast of the

intersection of State Highway 67 and CR 81 (Gillette Flats area) in portions of Sections 9 and

10, Township 15 South, Range 69 West of the 6th

P.M., County of Teller, State of Colorado

(more commonly known as 1805 County Road 81, Cripple Creek, Colorado 80813).

STAFF REPORT

File No. SUP-00105 (13)

APPLICANT: Teller County Shooting Society

PROPERTY OWNER: Cripple Creek & Victor Gold Mining Company

REPRESENTATIVE: William Guman & Associates, Ltd.

REQUEST: Special Use Permit to allow a Private Recreational Facility (Gold

Camp Shooting Sports Center - Outdoor Shooting Range)

STAFF: Janice E. Fetrow, Senior Planner

LOCATION: The property is located generally southeast of the intersection of

State Highway 67 and CR 81 (Gillette Flats area) on the east side of

CR 81, at 1805 CR 81, Cripple Creek, Colorado 80813 (see

Appendix A: Location Map).

LEGAL DESCRIPTION: See Appendices C and D: Legal Description and Legal Exhibit of

this Staff Report.

ZONE DISTRICT: A-1 (Agricultural)

Publication Date: May 29, 2013

Adjoining Notice: April 12, 2013

Posted Notice: April 12, 2013 through June 10, 2013

Staff Report Date: May 28, 2013

STAFF RECOMMENDATION: Staff recommends that the Teller County Planning Commission

recommend to the Board of County Commissioners Approval with Conditions of the

request from the Teller County Shooting Society for a Special Use Permit to allow a

Private Recreational Facility (outdoor shooting range).

Page 2: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 2 of 44

1. SUMMARY OF REQUEST:

Overview: The Teller County Shooting Society ("TCSS") is seeking approval of a

Special Use Permit to allow a Private Recreational Facility (outdoor shooting range)

on a ±142.7-acre tract of land located approximately one mile southeast of the

intersection of State Highway 67 and CR 81 (Gillette Flats area). The ±142.7-acre

tract is located on a site that was formerly part a working horse and cattle ranch known

as the Lazy-S Ranch. The property is currently owned by the Cripple Creek & Victor

Gold Mining Company ("CC&V") and is being leased to the Teller County Shooting

Society ("TCSS") to develop and operate an NRA-sanctioned shooting sports center

for the use of the Teller County Shooting Society. The leased property will be used by

TCSS solely for the purposes of development and/or construction and/or maintenance

of the shooting sports center and associated accessory facilities as described below.

The name of the proposed facility, which will not be open to the general public but

rather will operate as a private membership club, is the Gold Camp Shooting Sports

Center.

Page 3: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 3 of 44

Project Description: The proposed Gold Camp Shooting Sports Center will be a

privately owned and operated outdoor shooting range located on a ±142.7-acre tract

within a larger land parcel owned by the Cripple Creek and Victor Gold Mining

Company. The outdoor shooting range will be constructed and maintained by the

Teller County Shooting Society and operated as a private club with access limited to

paying members. The club will normally be closed to the public except for special

events and to support the firearms-related programs of such organizations as the

Boy/Girl Scouts, 4-H, Key Club, American Legion, Hunter Safety Groups, etc. The

project in its entirety will be a private recreational facility aimed towards shooting

sports activities and events directly associated with the Teller County Shooting

Society's programs and functions. Local law enforcement agencies will also make

occasional use of the shooting range for firearms training and marksmanship

qualification purposes.

The outdoor shooting sports center will consist of ten (10) individual shooting ranges

with each range proposed to have the following number of shooting positions:

A. 500-yard high-powered rifle range with 40 shooting positions

B. 100-yard rifle range with 20 shooting positions

C. 75-yard multi-function/tactical range with 20 shooting positions

D. 50-yard small bore with 20 shooting positions

E. 25-yard pistol range with 20 shooting positions

G. 50-yard archery Range with 20 positions

H. Four (4) trap/skeet ranges with one (1) position each

= 144 total shooting positions at full build-out.

The shooting sports center will implement safety measures as outlined in the National

Rifle Association (NRA) Range Source Book, the leading guide to shooting range

facilities. Plans for the Gold Camp Shooting Sports Center will be submitted to the

NRA for its review and sanctioning as an NRA-compliant shooting range.

The Teller County Shooting Society anticipates development of the site will occur in

various stages with the timing of the installation of the various firing ranges being

dependent upon club membership enrollment and the availability of adequate funding.

Development of the various range venues may overlap one another allowing constant

and continuous growth of the site as membership trends and economic conditions

dictate. Site improvements will not occur in their entirety but provided as needed for

orderly development of the project. If Teller County Shooting Society membership

and construction funding occurs quickly, so will build-out of the site; it is does not

occur for several years, then build-out will occur more slowly.

Other proposed facilities at the project site include picnic spaces with gazebos,

portable restrooms, pedestrian benches, a twenty-eight (28) foot high observation

tower for range safety purposes, and a small structure for on-site storage of

Page 4: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 4 of 44

maintenance equipment which may initially also double as a small operations office

for the range safety officer.

A 10,000 square "Future Club House" is identified on the site plan drawings for

purposes of conceptually identifying the Teller County Shooting Society's potential

long range development plans for the outdoor shooting sports center; however, it

should be clearly understood that any action taken at this time on the present Special

Use Permit application does not include approval or authorization for construction of

the indicated "Future Club House" facility as the information required to determine

infrastructure adequacy for the proposed club house, including but not limited to

access, water supply and sewage disposal, was not included with this application. In

the event that the Applicant desires to pursue development of the indicated "Future

Club House", an amendment to the approved Special Review Use Permit is required

and shall be filed in accordance with the requirements for a new Permit as set forth

under the Land Use Regulations.

Access and Circulation. Access to the subject site consists of a single entry point

located on the east side of CR 81, which is an existing County-maintained roadway

with a sixty (60 foot wide right-of-way. CR 81 has an existing pavement width of 24

feet, with the distance between the edge of existing pavement and the east-side fence

line on the subject property being 22 feet. The drainage ditch on CR 81 begins just off

the edge of the existing asphalt, and there is a measurement of seven (7) feet from the

edge of the existing pavement to the bottom of the ditch. The subject site has a street

frontage length along CR 81 of 2,175 feet from the site entrance to the north and 1,460

feet from the site entrance to the south for a total street frontage distance 3,635 linear

feet.

Interior access roads within the Gold Camp Shooting Sports Center will be gravel and

constructed with roadway width of 24 feet. Access to each shooting range is directly

from an internal access driveway running parallel to CR 81 in a north-south direction

along the property frontage with off-street parking spaces and landscaping providing a

visual buffer between the shooting range's site improvements and CR 81. The internal

access roadways will be privately owned and maintained by the Teller County

Shooting Society. A driveway/access permit is required from the Teller County Public

Works/Transportation Department prior to the start of any construction-related

activities at this site.

Utility Services, Water Supply, and Sewage Disposal: The Applicant is seeking

approval to operate this facility in advance of the installation of any utility services,

including but not limited to electricity, water supply, and wastewater disposal. The

Applicant believes that the outdoor sports shooting center does not call for the

installation of any utilities with the exception of Port-a-Potty's or temporary and

movable bathroom facilities that can be transported around the property on an as-

needed basis.

Page 5: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 5 of 44

It should be noted, however, that while the installation of utility facilities may not be

needed to support the initial development and operation of the various shooting ranges

at the proposed Gold Camp Shooting Sports Center, the installation of utilities shall be

required to support the indicated 10,000 square foot "Future Club House" use that is

included as part of the subject Special Use Permit application. Hence, in the event that

the Applicant intends to pursue development of the indicated "Future Club House"

facility, an amendment to the approved Special Review Use Permit shall be required

and is subject to review according to the requirements for a new Permit as set forth in

the Land Use Regulations, including but not limited to the demonstration that utility

services have been or will be installed for the facility along with proof that adequate

provisions have been made to provide the proposed facility with water supply and

sewage disposal systems with the size and capacity to accommodate the proposed

development.

2. CONSISTENCY WITH TELLER COUNTY GROWTH MANAGEMENT PLAN:

The Teller County Growth Management Plan is the official statement of Teller

County, and its communities, setting forth major policies concerning desirable future

development. In order to serve its purpose as a frame of reference for decision -

making, the Plan is based on a series of well-defined goals that establish a positive

plan of action for future development. Thus, the Plan establishes a perspective that

Page 6: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 6 of 44

relates today's decisions to their possible future implications. The Plan sets forth a

pattern of development or physical plan that reflects the desired goals of the County,

and its Communities. The Plan considers factors which affect physical developments

including but not limited to: provisions for adequate public facilities such as

transportation, drinking water, sewers and sewage treatment, schools, parks, and other

public services; avoidance of undue concentrations of population; protection of

residents from fire and flood dangers; promotion of the health and general welfare,

and identification of the most appropriate uses of land throughout the jurisdictions.

The Plan serves as a guide for many public decisions, especially proposed requests for

land use changes and the preparation of capital improvements programs. Requests for

rezoning, special review use permits, annexations, capital improvements, facilities and

other similar issues or request should be reviewed for compliance with the provisions

of the Growth Management Plan.

The proposed shooting range facility aligns with the stated purposes, goals, objectives

and policies of the Teller County Growth Management Plan and its stated intent to

provide for planned and orderly development within the county and cooperating cities,

towns, and areas, while balancing basic human needs of a changing population and

maintaining a healthy environment for future generations. The growth management

strategy is to ensure timeliness, quality, cost effectiveness, and efficiency of the

development of land, resources, and funds.

Compliance with Southeast Teller County Regional Plan. The subject site is located

within the Southeast Teller County Regional Plan, which is an advisory sub-area plan

under the Teller County Growth Management Plan. Although the Growth

Management Plan is a comprehensive document addressing the entire County, it also

anticipates the creation of more specific sub-area, or "Planning Region" plans. The

Southeast Teller County Regional Plan is such a plan. It sets forth the preferences of

the Planning Regions' residents and business community, and provides guidance to the

County for the future development of Southeast Teller County.

The Future Land Use Map for Southeast Teller County is a visual representation of the

vision, goals, policies, and recommended implementations developed by area residents

during the planning process. It includes existing County zoning and land uses, as well

as the future land uses preferred by Cripple Creek and Victor within their three-mile

statutory planning requirement. While it indicates where different types of

development would be appropriate and identifies areas of special consideration, it does

not link any specific piece of land to any special land use. Of primary importance in

development of the Future Land Use Map were those areas designated as visually

sensitive, which means that they should be preserved, protected, or visually mitigated

by developers since they are important to the maintenance of southeast Teller County's

"sense of place."

It should be noted that the subject site is located in an area that is designated as

"Agriculture - Ranching" as it is surrounded by lands that are primarily zoned A-1

Page 7: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 7 of 44

Agriculture by Teller County and considered by the County to be now and in the

future limited growth, or conservation areas. Within the meaning of the Teller County

Growth Management Plan, "growth areas" are those areas adjoining municipalities and

unincorporated towns where the infrastructure, facilities, and services necessary to

support development in an efficient and economical manner are now or will be

available. Areas outside growth areas are considered "limited growth areas" or

"conservation areas." In general, limited growth/conservation areas (1) lack or will

not timely have infrastructure, facilities, and services, and/or (2) contain valuable

natural resources and/or environmentally sensitive/significant lands deserving

preservation or protection, and/or (3) may be deemed important for protection to

maintain the rural life-style of a specific planning region. Teller County policy,

enforced through its Land Use Regulations, is to direct new growth to the growth

areas.

In this particular case, Staff finds that the request for a private recreational facility

(outdoor shooting range) aligns with the stated purposes, goals, objectives and policies

of the Teller County Growth Management Plan and its stated intent to provide for

planned and orderly development within the county and cooperating cities, towns, and

areas, while balancing basic human needs of a changing population and maintaining a

healthy environment for future generations. The growth management strategy is to

ensure timeliness, quality, cost effectiveness, and efficiency of the development of

land, resources, and funds. Additionally, the subject property is designated as an

Important View Shed ad is determined to be a visually sensitive area that should be

preserved, protected, or visually mitigated by developers since they are important to

maintenance of southeast Teller County's "sense of place."

Page 8: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 8 of 44

3. TELLER COUNTY LAND USE REGULATIONS

Special Use Permits: The Applicant is seeking approval of a Special Use Permit to

allow a private recreational facility (outdoor shooting sports center) in the A-1

(agricultural) Zone District. A Special Use Permit is a category of Special Review

Uses established for the purpose set forth in Section 8.1 of the Teller County Land Use

Regulations as follows:

"Special Review Uses are those uses of a special nature that make it impractical to

predetermine whether they are appropriate as permitted uses (uses-by right) in a zone

district. Based upon individual review of the location, design, density and intensity of

such a use, however, and the imposition of appropriate conditions to ensure its

compatibility at a particular location with surrounding land uses, such a use may be

determined to be compatible with the other uses permitted in the zone district. If a

Special Review Use Permit cannot meet the requirements of Chapter 8 for the use at

the site proposed, it is the intent of these Regulations that the location is inappropriate

for the proposed use."

Special Uses are considered "regulated uses" that require "consent" of both the Teller

County Planning Commission and the Board of County Commissioners before they

can be established on a particular piece of property. The Teller County Land Use

Regulations specify the Special Uses allowed in each zoning district and describe the

Standards, conditions, and procedures under which Special Use Permits may be

issued. Pursuant to Section 8.2.A., Special Uses are considered to be more intense or

heavily impacting than uses-by-right and may include industrial uses, Heavy Services

uses, or substantial commercial uses. The Teller County Board of County

Commissioners, after recommendation from the Teller County Planning Commission,

gives final approval, approval with conditions, or disapproval of all Special Use

Permits.

Existing Zoning and Land Use: The zoning of the proposed shooting sports

center property and all surrounding properties is A-1 (Agricultural). The land is

currently vacant and was formerly used for grazing activities associated with the

former use of the property and as a horse and cattle ranch. In addition to the

authorization to allow the operation of a Private Recreational Facility (shooting sports

complex) on the subject property, the Applicant desires to retain the ability to use the

property for all of the uses permitted by right in the underlying A-1 (Agricultural)

Zone District as set forth in the Land Use Regulations in effect at the time of final

public hearing action on the Special Use Permit by the Board of County

Commissioners.

Lighting. No site lighting is proposed or will be provided as the hours of operation

will be limited to daylight hours and only when trained Teller County Shooting

Society members are on-site. .

Page 9: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 9 of 44

Adjacent Zoning and Surrounding Land Use.

Existing Land Use Zone District

Subject Property Vacant/Grazing A-1

North KOA Campground A-1

South Vacant/Grazing A-1

East Vacant/Grazing A-1

West Vacant/Grazing A-1

Site Development. The Gold Camp Shooting Sports Center is proposed to be

developed with ten (10) individual ranges with firing range positions located within

structures that will be enclosed on three sides and roofed for additional noise

mitigation. All ranges will have earthen berms on the sides and behind the target

stands and backstops for noise mitigation. Access to the facility is via a single point of

ingress/egress that will be gated to control unauthorized use of the property. Access to

the property will be limited to authorized Teller County Shooting Society staff, club

members and their guests. , The entire range will be fenced for safety purposes and to

control wildlife from entering the site. Perimeter fencing of the entire range site will

be of smooth wire with spacing to allow migrating Elk calves room to crawl under the

fence. No recreational hunting/shooting of wildlife of any kind will be permitted

within the facility.

Page 10: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 10 of 44

4. ENVIRONMENTAL IMPACTS.

A. Gunfire Noise Impacts. In order to determine the noise impacts

associated with the proposed shooting range uses at the outdoor sports

shooting center, the Applicant has included in this application a sound test

report prepared by Engineering Dynamics Incorporated (EDI), located at 3925

S. Kalamath Street, Englewood, Colorado 80110. The gunfire noise impact

assessment and noise mitigation recommendations for the proposed Teller

County Shooting Society Lazy-S site are described below:

The nearest noise receptors to the proposed Gold Camp Sports Shooting Center

are the Cripple Creek KOA campground, which is located over a topographic

rise and approximately ½ mile north, and a residence southeast of the site

across the Bison Reservoir access road. The topographic rise between the

Lazy-S and the KOA campground is on the order of a 20 to 50 foot barrier, and

blocks a direct line of sight from all areas of the Lazy-S to all areas of the

KOA Campground. Additionally, the prevailing wind direction in the valley is

from the north to south, which can significantly decrease gunfire noise that will

reach the KOA campground.

The residential location has a near line of sight to the entire Lazy-S complex,

with the greatest potential impact from the shotgun range. The Town of Victor

is approximately 3 to 4 miles southwest and on the other side of the mountain

from the Lazy-S, and is completely outside audible gunfire noise range from

the Gold Camp center. Thus, there is no gunfire related noise from the project

site that will be audible or heard within the nearby Town of Victor or the Town

of Independence.

There are three proposed shooting areas within the range complex: one area

for rifles, a second area for pistols, and a third for shotguns. The hours of

operation are daylight hours, with no planned nighttime firing activities. The

calibers of guns that can be fired at each range are as follows:

Guns Fired at Each Range Location

Range Caliber of Guns

Rifle All ranges from 22 caliber to very large bore rifles

Pistol Range from 22 to 50 caliber, regular loads to magnum loads

Shotgun 410 and 12-gauge

Applicable Noise Ordinance / Laws. Colorado Revised Statutes Article 11 -

Noise Abatement, Section 25-12-103, Residential, applies to this project and is

Page 11: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 11 of 44

reproduced herein. In accordance with sub-paragraph (3), "gunfire" noise is

considered impulsive noise and therefore a 5 dB penalty applies to the

maximum permissible noise levels listed in paragraph (1). That is the

maximum permissible gunfire related noise levels during daytime hours is 50

dB(A) at the nearest residential property line.

25-12-103. Maximum permissible noise levels

(1) Every activity to which this article is applicable shall be conducted in a

manner so that any noise produced is not objectionable due to

intermittence beat frequency, or shrillness. Sound levels of noise

radiating from a property line at a distance of twenty-five feet or more

there from in excess of the dB(A) established for the following time

periods and zones shall constitute prima facie evidence that such noise

is a public nuisance.

Zone 7:00 a.m. to 7:00 p.m. to

next 7:00 p.m. next 7:00 a.m.

Residential 55 dB(A) 50 dB(A)

(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels

permitted in subsection (1) of this section may be increased by ten

dB(A) for a period of not to exceed fifteen minutes in any one-hour

period.

(3) Periodic, impulsive, or shrill noises shall be considered a public

nuisance when such noises are at a sound level of five dB(A) less than

those listed in subsection (1) of this section.

Measurement Results. On January 25, 2012, between approximately 10

a.m. and 11 a.m. gunfire levels were measured at both receptor locations from

gunfire activities at the proposed rifle and shotgun range locations. During the

measurement period, temperatures were in the 20˚F range, skies were clear and

wind was from the north at 5 to 10 mph; when wind gusts exceed 10 mph,

gunfire was halted. No noise mitigation was used during the gunfire noise

measurements. Results of these measurements are described below:

Shotgun Range-with five 12-gauge shotguns firing simultaneously or nearly

simultaneously:

KOA Campground - noise from shotgun activities at the current

proposed shotgun area will always or nearly always be inaudible at the

KOA Campground.

South Residence - noise from shotgun activities were clearly audible

Page 12: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 12 of 44

and in the range of 50 to 55 dB(A)

Rifle Range - with eight to ten rifles ranging from 223 to 30-06 firing

simultaneously or nearly simultaneously gunfire noise.

KOA Campground - noise from pistol and rifle activities at the current

proposed rifle and pistol area ranged from audible to slightly audible,

less than 45 dB(A), during no or very low wind (less than 2 mph)

conditions, to inaudible or barely audible, less than 40 dB(A), during

higher wind conditions (5 to 10 mph). When wind is blowing from the

south there may be times when gunfire noise is clearly audible, 45 to 50

dB(A), at the KOA Campground.

South Residence - noise from pistol and riffle activities at the current

proposed rifle and pistol area ranged from audible, less than 50 to 55

dB(A), during no or very low wind (less that 2 mph) conditions,

slightly audible, less than 45 to 50 dB((A), during higher wind

conditions (5 to 10 mph).

Noise Mitigation Recommendations. In order to comply with the State

of Colorado Noise Law Residential noise limits for impulsive noise, "some"

level of noise mitigation will be required. Noise mitigation will need to reduce

noise levels from:

a. The rifle and pistol firing ranges towards the KOA Campground

by a minimum of 5 dB(A), and

b. The shotgun firing positions towards the residence the south by

a minimum of 5 to 10 dB(A).

B. Emission of Particular Matter. Over time, lead projectiles and particles

will accumulate in the target and firing areas of the range. These projectiles

and particles periodically will be removed by a professional environmental

remediation company under contract to the Teller County Shooting Society.

The frequency will be driven by the level of range usage, but typically, it does

not need to occur more than once every few years. EPDM Geomembrane

Containment Liners will be installed below the target positions at all range

backstops to prevent lead particles from entering the water table.

C. Floodplain. No portion of the proposed site is located within a FEMA 100-

year floodplain as defined on the Flood Insurance Rate Map (FIRM) No.

08119CO290D, dated September 25, 2009.

D. Physical Site Characteristics. The site generally slopes from east to

southwest; the slope grades vary from approximately eight percent near the

roadway to 20 percent near the trees on the east side of the site. The area is

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 13 of 44

vegetated by rangeland grasses in good condition and has some trees along the

east side of the site.

5. SUBMITTAL REQUIREMENTS: See Appendix B of this Staff Report.

6. REVIEW AGENCY RESPONSES:

AGENCY COMMENTS

Teller County Department of Public Works

- Transportation Department See Appendix E of this Staff Report.

Teller County Environmental Health

Department See Appendix P of this Staff Report.

Teller County Sheriff's Office See Appendix F of this Staff Report

City of Victor See Appendix G of this Staff Report

Teller County Office of Emergency

Management Notified; no response

Colorado Division of Wildlife See Appendix H of this Staff Report

U.S. Department of Agriculture -

Natural Resource Conservation

Service

See Appendix Q of this Staff Report

U.S. Department of Agriculture -

Forest Service - Pikes Peak Ranger

District

Notified; no response.

Teller County Attorney Comments of the Teller County Attorney

are reflected in the Staff Report

7. DISCUSSION OF MAJOR CONCERNS AND ISSUES.

A. Property Ownership. According to the application submittal materials,

the ±142.7-acre tract of land proposed for development of the Gold Camp

Shooting Sports Center is located within a larger parcel of land currently

owned by the Cripple Creek & Victor Gold Mining Company and AngloGold

Ashanti (Colorado) Corporation (collectively "CC&V"). As the current owner

of the certain real property that is the subject of the Special Use Permit

application, CC&V has signed the application form and provided the required

letters of authorization consenting to the Teller County Shooting Society's

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 14 of 44

submission of the Special Use Permit application to Teller County for the

purpose of the establishment of an outdoor shooting range.

It is unclear, however, from the CC&V documents concerning Land Use

Application and Legal Interest in Land, dated October 2, 2012 and October 10,

2012, respectively, as to whether the Teller County Shooting Society's long-

term use of the property will continue in the form of a leasehold arrangement

with CC&V, or whether there may be an actual conveyance of ownership of

the subject property from CC&V to the Teller County Shooting Society at

some future time. The reason this distinction is important deals with the fact

that there is a difference between the creation of a legally described parcel for

leasehold purposes versus the creation of a parcel for conveyance of ownership

as the latter must be reviewed for compliance/legality prior to, or in

conjunction with, its creation to ensure that there are no illegal splits or any

remainder portions of any existing parcels that are not included with the parcel

under consideration that do not conform to the underlying zone district

requirements in the Land Use Regulations.

In this particular case, there is an existing 8.65-acre mining claim that appears

to be reduced in size as a result of the overlap of the proposed leasehold legal

description as currently described. Accordingly, the Applicant shall be

required to provide sufficient documentation to verify the exact location of the

proposed leasehold legal description in order to determine if there are any

negative impacts to any on any underlying properties, and in the event that

evidence is provided showing that the proposed location is in fact creating

illegal splits and/or remnant parcels that are not in conformance with the

requirements of the underlying zone district, then the location of the proposed

leasehold legal description shall be modified accordingly so that any negative

impacts are eliminated.

B. Building Permits / Major Building Review. Prior to the issuance of any

building permits and/or construction of any physical improvements on the

property, the Applicant shall apply for Major Building review in accordance

with the requirements in the Teller County Land Use Regulations to the

Planning Department to ensure compliance with site-specific design criteria,

including but not limited to, parking and loading requirements, landscaping,

signage, lighting, grading, drainage and erosion, driveways and access, visual

impacts, wildlife habitat impacts, and any other applicable code requirements.

C. Creation of Leasehold Parcel Where the Existing Underlying Parcels

Continue to Exist. This application involves a request to grant a Special

Use Permit on a legally described leasehold property that is comprised of

portions of existing underlying legal parcel(s) and lot lines that will continue to

exist, notwithstanding the lease, which means that all required setbacks will

continue to apply to each parcel/portion thereof rather than from the perimeter

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 15 of 44

boundary lines of the proposed leasehold parcel (as applicable). Accordingly,

the Applicant shall provide a drawing that graphically depicts the location of

the A-1 zone district fifty-foot (50') minimum setback distance for all of the

existing underlying legal parcels and identifies the location of all proposed

structures from the boundary lines of the underlying parcels, mining claims,

and/or lot lines.

D. Adequate Road Infrastructure. Per Section 4.2. General Provisions of the

Teller County Land Use Regulations, no development permit application shall

be approved unless and until the County has determined that adequate

infrastructure is or will be available to and for the proposed development. A

Special Use Permit is exempt from the road infrastructure adequacy

requirements if the contemplated use is not projected to generate over 99

average vehicle trips per day on any given day based on the most recent edition

of Trip Generation: An ITE Informational Report by the Institute of

Transportation Engineers, and not expected to involve vehicles over 26,000

GVWR, nor equipment and/or machinery weighing over 26,000 pounds, in the

operation of or in conjunction with the use (excluding heating fuel deliveries,

trash pickup and delivery of materials and equipment related to construction

installation, or site work for the use).

For purposes of demonstrating compliance with this requirement, the

Applicant submitted a report entitled Evaluation of Existing Pavement Section

and Subgrade Conditions Teller County Road 81(prepared by RMG Engineers

Group) that analyzed the CR 81 existing roadway subgrade and pavement

structure. The report, prepared for the Teller County Shooting Society to use

as an aid in the design of the proposed shooting sports center, included

geotechnical findings from exploratory test borings, laboratory test results, and

visual observations. When County staff discovered that the report included a

Memorandum from LSC Transportation Consultants, dated April 17, 2013.

showing traffic volume counts as high as 300 vpd for the proposed shooting

sports center usage, the Applicant was advised that the report was not

acceptable for use as an aid in determining adequacy of the CR 81 existing

subgrade and pavement structure and should they wish to proceed with the

application, they had to either provide the full subgrade and pavement design

investigation as outlined in the TCRD&CS Chapter 7 or else revise the

application submittal to reflect traffic volumes of 99 vpd or less so that no

adequacy determination was necessary.

At this point, the Applicant indicated that an amended report (Amendment 1)

would be submitted to reflect that "ADT generated (by the Shooting Facility)

will not exceed 99 on ANY GIVEN DAY," and that "ADT projections are

based upon phased construction of the Shooting Facility." However, when

the amended report was once again submitted to Teller County for review, it

included range facility trip generation estimates based on annual average

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 16 of 44

usage rather than average vehicle trips per day on any given day.

Upon being notified that the revised traffic information was still unacceptable

to use as an aid in a proper determination of road infrastructure adequacy, the

Applicant provided yet another amendment (Amendment 2) with facility usage

estimates revised to reflect current club membership of 46, thereby resulting in

amended findings by the Teller County Public Works - Transportation

Department that no adequacy review is required at this time as the anticipated

traffic volumes are less than 99 ADT.

Conclusion: One of the reasons for the difficulty associated with this matter is

due to the fact that the Trip General Manual, published by the Institute of

Transportation Engineers, does not provide trip generation rates for a land use

as unique as the proposed Gold Camp Shooting Sports Center. However,

inasmuch as the County needs something empirical and enforceable to be able

to assure that CR 81 will be adequate as part of the shooting sports center use

plan, prior to the Board of County Commissioners' public hearing, the

Applicant and County staff shall resolve, to the satisfaction of all affected

parties, the issue of road adequacy and when and/or how to adequately

determine when facility usage reaches the point where the threshold of road

capacity exceeds 99 vehicle trips per day on any given day.

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 17 of 44

8. STAFF FINDINGS. The issuance of a Special Use Permit is dependent upon

finding that there is evidence from competent authority that the proposed use, as may

be conditioned, complies with all Standards of this Section 8.2.D., Section 8.3 for the

particular use, and the Teller County Land Use Regulations. The decision making

body may attach conditions to (1) ensure compliance with these Standards and

Regulations including conformity to a specific site plan; (2) require improvements to

public infrastructure and/or facilities necessary to serve the Special Review Use; (3)

limit the operating characteristics of the use; and/or (4) specify the location or duration

of the Special Review Use Permit. (Section 8.2.D.).

STANDARD STAFF FINDINGS

SECTION 8.2.D.1-5 GENERAL STANDARDS

1. Consistent with Master Plan. The

proposed Special Review Use is

appropriate for its proposed location,

and is consistent with the purposes,

goals, objectives, and policies of all

applicable legislatively adopted Teller

County master plan(s) or map(s).

This Standard is met for the Special Use

Permit request to allow a Private

Recreational Facility (outdoor shooting

sports center). The proposed Special

Review Use is appropriate for the proposed

location, and is consistent with the purposes,

goals, objectives and policies of all

applicable legislatively adopted Teller

County master plan(s) or maps as discussed

previously in this Staff Report.

2. Compatibility. The proposed

Special Review Use is appropriate for

its proposed location and compatible

with the character of surrounding land

uses, and does not create a nuisance.

As Conditioned, this Standard will be met for the Special Use Permit to allow a Private

Recreational Facility (outdoor shooting

sports center). The proposed Special

Review Use is appropriate for the proposed

location and is compatible with the

character of surrounding land uses and does

not create a nuisance as demonstrated by the

following: A. In order to blend into the already barren

landscape, all structures and other features

will be no more than 20 feet tall, with the

exception of the range safety and control

tower, which will not exceed 30 feet.

B. Paint colors for structures will be

selected from an earth-tone pallet to blend

them into the surrounding landscape. C. The facility will only operate during

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 18 of 44

daylight hours; therefore, there will be no

light or sound disturbances after the facility

is closed. D. Business identification signage will be

confined to an unlighted entrance kiosk and

directional signage internal to the facility

designating individual ranges. 3. Zone District and Use Standards.

The proposed Special Review Use

complies with the Standards of the zone

district in which it is located and any

Standards applicable to the particular

use. Where the Standards are different,

the more stringent applies.

As Conditioned, this Standard will be met for the Special Use Permit to allow a Private

Recreational Facility (outdoor shooting

sports center).

4. Design Minimizes Adverse Impact. The design of the proposed Special

Review Use minimizes adverse impacts

to adjoining and/or adjacent and

surrounding lands, water and air

resources, wildlife habitat, scenic and

other natural resources, and existing

infrastructure.

As Conditioned, this Standard will be met for the Special Use Permit to allow a Private

Recreational Facility (outdoor shooting

sports center).

5. Development Standards. The

proposed Special Review Use complies

with the appropriate Standards in

Chapter 4 Infrastructure, Chapter 5

Site Development, and Chapter 6

Critical Areas of these Regulations.

As Conditioned, this Standard will be met for the Special Use Permit to allow a Private

Recreational Facility (outdoor shooting

sports center), providing there is compliance

with the Conditions of Approval set forth in

Staff Findings in this Staff Report.

Section 8.3.X. - Standards specific to a Special Use Permit for a Recreational

Facility: 1. Setbacks. A-1 Zone District:

Principal structure not less than 100

feet from any residential district.

This Standard is met. The subject ±142.7-

acre parcel has no existing structures, and no

proposed structures will be allowed to be

constructed less than 100 feet from any

residential district. 2. Landscaping. A Landscaping Plan

pursuant to Section 5.4 Landscaping is

required.

This Standard is met. A Landscaping Plan

pursuant to Section 5.4 Landscaping has

been submitted.

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 19 of 44

9. RECOMMENDED MOTION (File No. SUP-00105 [13]):

I move that the Teller County Planning Commission recommend to the Board of

County Commissioners that it APPROVE the request from the Teller County Shooting

Society for a Special Use Permit to allow a private recreational facility (outdoor

shooting sports center) in the A-1 (Agricultural) Zone District as specifically presented

and described in the related Special Use Permit application for the property legally

described in Appendices C and D: Legal Description and Legal Exhibit, respectively,

of this Staff Report for a ±142.7-acre tract of land located in portions of Sections 9

and 10, Township 15 South, Range 69 West of the 6th

P.M., Teller County, Colorado

(more commonly known as 1805 CR 81, Cripple Creek Colorado 80813),

incorporating Staff findings as contained in that Staff Report dated May 28, 2013, and

further finding that the application complies with such pertinent, individual conditions

of use specified in the granting of a Special Use Permit, is compatible with the general

provisions of the Teller County Land Use Regulations, as well as provisions for the A-

1 (Agricultural) Zone District, and that satisfactory provisions and arrangements have

been made concerning the criteria for approval, and with adoption of the following

CONDITIONS OF APPROVAL:

A. Compliance. Applicant shall comply with all pertinent regulations, codes, and

requirements governing Recreational Facilities (Public/Private) as indicated in

this application, including but not limited to, obtaining all Federal, State, and

Local Permits as required.

B. Material Representations. Unless otherwise modified by these conditions, all

material representations of the Applicant in its submittal material and in public

hearing(s) shall be considered binding.

C. Approval of this Special Use Permit for a Private Recreational Facility

(outdoor shooting sports center) shall only occur within the ±142.7-acre parcel

legally described and shown in Appendices C and D: Legal Description and

Legal Exhibit, respectively, of the Staff Report.

D. The Applicant shall comply with the requirements set forth in Sections 8.2.E.,

G., and H. of the Teller County Land Use Regulations as they pertain to the

Special Use Permit, including, but not limited to:

1) the auditing of Special Review Use Permits (Section 8.2.E.); 2) the time limits, duration, abandonment, and extension of Special

Review Use Permits (Section 8.2.G.); 3) amendments and/or minor deviations to an approved Special Review

Use Permit (Section 8.2.H.); and 4) all of such provisions as they may be hereinafter amended or replaced.

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 20 of 44

E. Per the Environment Health Officer Agency Review Comments, at such time

as development of the "Future Clubhouse" is proposed, the Applicant shall

submit an amendment to the Special Use Permit in order that the impacts

associated with that level of use on the property may be properly evaluated,

including provision of an adequately designed and engineered system for

sanitary sewage disposal and provision of an adequate and safe method of

water supply provided and developed in accordance with the then-existing and

effective Teller County standards, Codes, and regulations.

F. All revised documents/drawings, including but not limited to those required

and/or specifically mentioned herein, shall be submitted to the Planning

Department no later than May 17, 2013, at 4:30 p.m. in order for Staff to

determine if there are any additional or outstanding issues that must be

addressed prior to the Board of County Commissioners' public hearing on this

matter.

G. No food preparation activities shall be conducted on the ±142.7-acre Special

Use Permit parcel unless the required permits have been obtained from the

Teller County Environmental Health Department, and the Applicant provides

the Planning Department with written documentation from the Environmental

Health Department concerning the .intent of any food preparation activities

that may occur at the property and what requirements and limitations, if any,

are applicable to said food preparation activities.

H. Prior to the start of any construction related activities at this location, the

Applicant shall obtain a driveway/access permit from the Teller County Public

Works Division (Transportation Department) and provide a copy of said

approved permit to the Planning Department for inclusion in the official file.

I. The fencing shown on the Special Use Permit site plan drawings does not

conform to the Colorado Parks and Wildlife recommendations ("CPW"). As

such, at least ten ((10) days prior the Board of County Commissioners' public

hearing on this matter (e.g., no later than Monday, June 17, 2013, at 4:30 p.m.),

either the Special Use Permit site plan drawings shall be revised to show the

correct fencing, or the Applicant shall submit a revised letter from CPW to the

Teller County Planning Department stating that the property that is the subject

of this application be exempt from conformance with CPW fencing

requirements.

J. No recreational shooting of prairie dogs shall be permitted at this site

K. Per the recommendations from Colorado Parks and Wildlife, the Applicant

shall install bear proof trash receptacles to prevent any possible attractant for

bears. At a minimum, any dumpsters on site must have a metal lid with a bar

and receptacles must be emptied on a daily basis.

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 21 of 44

L. In order to maintain compliance with the Chapter 4 Infrastructure

requirements in the Land Use Regulations, the number of vehicle trips per day

on any given day for the Special Used Permit (outdoor shooting sports center)

shall not exceed ninety-nine (99) trips per day.

M. Prior to the Board of County Commissioners' public hearing, the Applicant and

County staff shall resolve to the satisfaction of all parties, the basis to be used

for determination of road adequacy requirements and how to monitor facility

usage so that the threshold of road capacity does not exceed 99 vehicle trips

per day on any given day.

N. Please provide a copy of the current lease agreement (or draft thereof) between

the Teller County Shooting Society and CC&V Gold Mining Company as

proof that there is no proposed conveyance of the property occurring at this

time.

O. The Applicant shall comply with the requirements for Major Building Review

(Site Plan and Site Plan Review) set forth in Chapter 7 Site Plan and Site Plan

Review of the Land Use Regulations either prior to, or in conjunction with, the

submittal of any building permit applications for this project, including but not

limited to the payment for third party review cost third-party review of the

proposed Drainage Report and plan.

P. All access roads shall be no less than 20 feet in width to accommodate large

firefighting equipment.

Q. All access roads shall be constructed to accommodate large, heavy vehicles

weighing approximately 45,000 pounds during all weather conditions.

R. All fire apparatus shall be able to get within 150 feet of any structure.

S. Please provide a fire department Knox (key) box to allow for after-hours fire

department access in the event of an emergency after hours. A Knox box can

be obtained at www.knoxbox.com

T. Once the project is started, Fire Department site visits shall be allowed to

ensure input for wildland fire mitigation.

U. Prior to the facility opening, the access apron shall be hard-surfaced to a point

20 feet from edge of asphalt.

V. There are several inconsistencies, which appear on the site plan drawings and

throughout the written narrative materials that must be addressed in writing

prior to the Board of County Commissioners' public hearing as follows:

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 22 of 44

(1) Please confirm in writing that the entrance gate to this property will be

at least thirty (30) feet from the edge of road as required per the Teller

County Roadway Design & Construction Standards. (2) The twenty-four (24) foot radius turnarounds may be tight; a forty-five

(45) foot (outside), thirty-five (35) foot (inside) radius would be more

easily accepted and would conform to the fire code requirements

concerning the radius that is needed for a fire truck turnaround. Please

identify in writing if and/or how this detail will be addressed and if

changes are required to be made to any of the submitted application

materials in order to demonstrate compliance with this requirement,

please provide the revised documents to the Planning Department as an

indication of satisfaction of this condition. (3) The Range Safety Observation Tower is listed at different heights in

different parts of the application in both the written materials and/or

site development plan drawings; i.e., thirty (30) inches in one area;

twenty (20) feet in another area; approximately thirty (30) feet in

another; and inconsistencies on pages 5 and 13 of the site development

plan drawings. Please correct as necessary; identify in writing the

locations where the corrections have been made; and resubmit revised,

accurate documents to the Planning Department. (4) Please correct as necessary the discrepancy between the yardage of the

longest range; i.e., it is listed as 400 yards in one area and 500 yards in

others. Please confirm the correct distance; identify in writing the

documents/locations where the corrections have been made; and submit

revised copies of any documents that have been modified.

W. Sheet 15 of the Special Use Development Plan refers to the Building Code

dates under which the Teller County Building Department is currently

operation. Inasmuch as the building code in the process of being modified, a

notation shall be added to the site plan drawings acknowledging that any

required buildings permits and all construction activity shall comply with the

requirements of the then-effective building codes at the time of building

permit application.

X. The Applicant shall submit a drawing (on one sheet/page) of the entire

perimeter boundary of the subject property showing bearings and distances of

all property lines, location and dimensions of all setback lines, and the

location, dimensions and parcel sizes of all existing underlying parcels, both

prior to and subsequent to, the creation of the proposed leasehold legal

description, as it must be determined whether any of these existing underlying

properties are or will be affected to the degree that they will no longer be in

compliance with zoning regulations.

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 23 of 44

Y. Any action taken at this time on the Special Use Permit application (File No.

SUP-00105 (13) does not include approval or authorization for construction of

the indicated 10, 000 square foot "Future Club House" facility as the

information required to determine infrastructure adequacy for the proposed

club house, including but not limited to access, water supply and sewage

disposal, is not included in the present application submittal materials. In the

event the Applicant desires to pursue development of the indicated "Future

Club House", an amendment to the approved Special Review Use Permit is

required and shall be filed in accordance with the requirements for a new

Permit as set forth under the Land Use Regulations.

Z. Change all references concerning the "development plan set of drawings" (or

"development plan") to reflect "site plan drawings" (or "site plan") as the

"development plan" term is incorrect and has a different connotation under the

Land Use Regulations. This includes any references in both the written and

the graphic materials submitted with this application.

AA. In order to comply with the State of Colorado Noise Law Residential noise

limits for impulsive noise, the mitigation measures recommended in the Noise

Impact Study prepared by Engineering Dynamics Incorporated (EDI)

(Englewood, CO) shall be implemented to reduce noise levels at (a) the rifle

and pistol firing ranges towards the KOA by a minimum of 5 dB(A); and (b)

the shotgun firing positions towards the residence to the south by a minimum

of 5 to 10 dB(A). (A notation to this effect shall be included on the site plan

drawings).

Subsequent to construction of the facility and installation of the physical

improvements and mitigation measures recommended in the Noise Impact

Study, gunfire testing shall be performed again and summarized in writing to

Teller County in the same report format of the initial Noise Impact study to

determine if there is a reduction in gunfire noise to the degree that compliance

is had with the State of Colorado Noise Law Residential. If gunfire noise has

not been reduced to acceptable levels, further mitigation measures shall be

implemented, and additional gunfire testing shall be performed until the results

of the gunfire testing indicate conformance with the noise levels set forth in the

State of Colorado Noise Law Residential.

BB. The Applicant shall submit a revised set of Special Use Permit site plan

drawings that have been modified to reflect the Technical Changes contained

in Appendix N: of this Staff Report.

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 24 of 44

STAFF REPORT APPLICANT PRESENTATION PUBLIC COMMENT APPLICANT RESPONSE PLANNING COMMISSION DELIBERATION AND MOTION

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 25 of 44

APPENDIX A: LOCATION MAP

File No. SUP-00105 (13)

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 26 of 44

APPENDIX B:

SPECIAL REVIEW USE PERMIT SUBMITTAL REQUIREMENTS SECTIONS 3.2., 8.2.B., AND 8.3.X. OF THE TELLER COUNTY LAND USE REGULATIONS

File No. SUP-00105 (13)

Submittal Requirement Staff Comment

Section 3.2

Application Form Provided

Title Commitment, Title Guarantee, Attorney’s Title

Opinion, or O&E Provided

Adjacent Property Owners (APO) List Provided

APO labels Provided

Written statement or narrative describing request,

reasons for request, and how the Special Use Permit

standards are met

Provided

Section 8.2.B

1. Written Description. A written description of

the specific Special Review Use proposal, in

sufficient detail to describe (a) the nature of the

proposed use; (b) how it will be operated; (c) how its

impacts on public facilities, public infrastructure, and

surrounding properties will be minimized and

mitigated; and (d) how it otherwise conforms to the

Standards of Section 8.2.D.

a. All Uses Identified. Applicant shall also

include a list of all Chapter 2 Zoning uses presently

existing or contemplated in the future for the site

under its zone district whether permitted by right or

otherwise.

Provided

2. Site Plan. A site plan prepared in accordance

with Section 7.4 Site Plans for Applications Other

than Building Permit to be recorded as part of the

Permit.

Provided

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 27 of 44

Submittal Requirement Staff Comment

3. Infrastructure Standards. Written and/or

graphic information sufficient to demonstrate that the

requirements of Chapter 4 Infrastructure of these

Regulations are or can be met, including any specific

materials as may be additionally required pursuant to

the Pre-Submittal Meeting (by way of example only

a traffic study. (See Section 3.4.B of these

Regulations.)

Provided

4. Site Development Standards. Written and/or

graphic information sufficient to demonstrate that the

requirements of Chapter 5 Site Development of these

Regulations are or can be met.

Provided

5. Critical Areas Standards. An Environmental

Description according to Section 6.2 Environmental

Description. According to the nature, intensity, and

location of the use proposed, specific Chapter 6

Critical Areas or other environmental impact

information may be additionally required pursuant to

the Pre-Submittal Meeting (by way of example only:

a floodplain study, wildlife study, wildfire hazard

analysis, or geologic hazards analysis).

Provided

6. Other Materials. As may be identified during

the Pre-Submittal Meeting, such other materials

necessary to fully evaluate compliance of the

proposed Special Review Use with these Regulations

(by way of example only: an air quality analysis or

visual impact analysis).

During the Pre-Submittal Meeting, no other

materials were identified as necessary to fully

evaluate compliance of the proposed Special

Use.

7. Special Review Use Requirements. The

information specific to the Special Review Use

requested.

Provided

Section 8.3.X. – Information specific to a Private Recreational Facility:

1. Setbacks. A-1 Zone District: Principal structure

not less than 100 feet from any residential district Provided

2. Landscaping. A Landscaping Plan pursuant to

Section 5.4 Landscaping is required. Provided

Page 28: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 28 of 44

APPENDIX C:

LEGAL DESCRIPTION OF ±142.7-ACRE SPECIAL USE PERMIT PARCEL

File No. SUP-00105 (13)

Page 29: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 29 of 44

APPENDIX D: LEGAL EXHIBIT

File No. SUP-00105 (13)

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 30 of 44

APPENDIX E: TCPW - TCDOT AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

Page 31: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 31 of 44

APPENDIX F:

TELLER COUNTY SHERIFF AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

Page 32: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 32 of 44

APPENDIX G:

CITY OF VICTOR AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 33 of 44

APPENDIX H:

DIVISION OF WILDLIFE AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

Page 34: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 34 of 44

APPENDIX I: CITY OF CRIPPLE CREEK

EMERGENCY SERVICES AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

Page 35: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 35 of 44

APPENDIX J:

SOUTHEAST TELLER COUNTY REGIONAL PLAN

FUTURE LAND USE MAP

File No. SUP-00105 (13)

Page 36: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 36 of 44

APPENDIX K: APPROXIMATE BOUNDARY

GOLD CAMP SHOOTING SPORTS CENTER

File No. SUP-00105 (13)

Perimeter boundary of Lazy-S Ranch shown in yellow. Approximate boundary of

Teller County Shooting Society Lease Parcel shown in shaded red.

Page 37: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 37 of 44

APPENDIX L:

EMAIL SHOWING RECAP OF COMMENTS MADE AT MEETING CONCERNING

ROAD ADEQUACY REQUIREMENTS APPROXIMATELY EIGHT (8) MONTHS

PRIOR TO FORMAL APPLICATION SUBMITTAL

File No. SUP-00105 (13)

Page 38: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 38 of 44

APPENDIX M:

OVERLAP OF PROPOSED TCSS LEASEHOLD PROPERTY TO

EXISTING UNDERLYING PARCELS

File No. SUP-00105 (13)

Page 39: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 39 of 44

APPENDIX N:

REQUIRED TECHNICAL CHANGES TO SET OF DRAWINGS

File No. SUP-00105 (13)

Page 1 of 3

1. Revise the title of the set of drawings to reflect that this a Special Use Permit Site Plan

rather than Special Use Development Plan. This same change shall be made

throughout all the notes and other information contained on the set of drawings.

2. The list of uses and activities associated with the Special Use Permit shall be shown

on the drawings along with a statement that the Applicant retains the right to use all of

the Permitted Uses (Uses-By Right) included in the underlying A-1 (Agricultural)

Zone District, providing said uses comply with the Land Use Regulations in effect at

the time said uses occur.

3. Total number and size of all proposed parking spaces shall be indicated on the plans.

4. Change all references describing the development permit application from SU to SUP.

5. Delete the word "Central" from General Note 3 as the availability of a "central"

system for the provision of water and wastewater services in this area is likely not to

ever occur.

6. Revise General Notes 3 and 4 to reflect that the installations of these services is not

being provided at this time; however, in the event the indicated 10,000 square foot

"Future Club House" structure is ever developed, an amendment to this Special Use

Permit shall be required and shall be processed in the same manner as the original

application, and the provision of adequate, available and dependable water, waste

water, and electric utility facilities and services shall be required at that time.

7. Delete the Land Use Table as it contains no information and therefore is of no value as

presently shown.

8. General Note 6 refers to "all tracts (being) owned by the Teller County Shooting

Society"; however, there are no tracts identified or designated on any of the sheets of

the set of drawings. Please clarify the meaning of this note and identify the location,

size and purpose of any and all "tracts" that will be owned by the Teller County

Shooting Society. In addition, if there is to be an ownership transfer of said "tracts",

the lot/parcel size of each tract shall be a minimum of 35 acres as required for the

establishment of newly created lots or parcels in the A-1 (Agricultural) Zone District.

9. The number, type, and bulk dimensions of any structures proposed to be developed at

this site shall be stated on the set of drawings.

10. The location, type, and purpose of any existing or proposed easements on the property

shall be identified along with recordation information (Book and Page and/or

Reception Number), if such is available.

Page 40: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 40 of 44

Appendix N:

Page 2 of 3

11. Delete the following Notes in their entirety from the drawings: Applicability,

Adoption; Relationship to County Regulations; Enforcement; Conflict; and Overall

Project Standards, as these notations are specious, unclear, and do not conform to any

of the notes or certifications in Appendix C of the Land Use Regulations; thus, there

seems to be no reason for their inclusion.

12. Add the following notation: No recreational shooting of prairie dogs shall be

permitted at this site.

13. Add the following notation: The installation of bear proof trash receptacles shall be

required to prevent any possible attractant for bears. At a minimum, any dumpsters

on site must have a metal lid with a bar and receptacles must be emptied on a daily

basis.

14. Add the following notation: The number of vehicle trips per day on any given day for

the Private Recreational Facility (outdoor shooting sports center) shall not exceed

ninety-nine (99) vehicle trips per day.

15. Add the following notation: All access roads shall be no less than 20 feet in width to

accommodate large firefighting equipment.

16. Add the following notation: All access roads shall be constructed to accommodate

large, heavy vehicles weighing approximately 45,000 pounds during all weather

conditions.

17. Add the following notation: The proposed Private Recreational Facility (outdoor

shooting sports range) shall be designed so that all fire apparatus can get within 150

feet of any structure.

18. Add the following notation: A fire department Knox (key) box shall be installed to

allow for after-hours fire department access in the event of an after hours emergency.

19. Add the following notation: Once the project is started, Fire Department site visits

shall be allowed to ensure input for wildland fire mitigation.

20. Add a notation and graphically depict the following information on the site plan

drawings: Prior to the facility opening, the access apron shall be hard-surfaced to a

point 20 feet from edge of asphalt.

21. Please show the entrance gate to this property at least thirty (30) feet from the edge of

road as required per the Teller County Roadway Design & Construction Standards.

22. Revise the set of drawings to show a forty-five (45) foot (outside), thirty-five (35) foot

(inside) radius for the fire truck turnarounds in order to conform to the fire code

requirements concerning the radius that is needed for a fire truck turnaround.

23. Revise the set of drawings (pages 5 and 13) to show the Range Safety Observation

Tower at a maximum height of twenty-eight (28) feet as stated in the revised

Page 41: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 41 of 44

Appendix N:

Page 3 of 3

application materials submitted with this request.

24. Add the following notation: Any action taken at this time on the Special Use Permit

application (File No. SUP-00105 (13) does not include approval or authorization for

construction of the indicated 10, 000 square foot "Future Club House" facility as the

information required to determine infrastructure adequacy for the proposed club

house, including but not limited to access, water supply and sewage disposal, is not

included in the present application submittal materials. In the event the Applicant

desires to pursue development of the indicated "Future Club House", an amendment

to the approved Special Review Use Permit is required and shall be filed in

accordance with the requirements for a new Permit as set forth under the Land Use

Regulations.

25. Add a notation to Sheet 15 of the site plan drawings acknowledging that any required

buildings permits and all construction activity shall comply with the requirements of

the then-effective building codes at the time of building permit application.

26. Add the following notation: In order to comply with the State of Colorado Noise Law

Residential noise limits for impulsive noise, the mitigation measures recommended in

the Noise Impact Study prepared by Engineering Dynamics Incorporated (EDI)

(Englewood, CO) shall be implemented to reduce noise levels at (a) the rifle and pistol

firing ranges towards the KOA by a minimum of 5 dB(A); and (b) the shotgun firing

positions towards the residence to the south by a minimum of 5 to 10 dB(A).

Page 42: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 42 of 44

APPENDIX O: TELLER COUNTY PUBLIC WORKS - TCDOT

ORIGINAL AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

Page 43: TELLER COUNTY PLANNING COMMISSION...project in its entirety will be a private recreational facility aimed towards shooting sports activities and events directly associated with the

Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 43 of 44

APPENDIX P: TELLER COUNTY ENVIRONMENTAL HEALTH

DEPARTMENT AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)

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Teller County Shooting Society Special Use Permit for a Private Recreational Facility - File No. SUP-00105 (13)

Planning Commission Hearing Date: June 11, 2013

Board of County Commissioners' Hearing Date: June 27, 2013

Staff Report Date: May 28, 2013

Page 44 of 44

APPENDIX Q:

U.S. DEPT. OF AGRICULTURE

NATURAL RESOURCE CONSERVATION SERVICE

AGENCY REVIEW COMMENTS

File No. SUP-00105 (13)