During a regular meeting held on Tuesday, Dec. 17, the Archuleta County Board of County Commissioners (BoCC) approved a conditional use permit (CUP) for Keyah Grande to operate a commercial shooting range on its property.
The CUP was approved by a split vote of 2-1 with commissioners Warren Brown and Ronnie Maez voting in favor and Commissioner Veronica Medina opposing.
This decision comes nearly three months after the Archuleta County Planning Department originally heard the matter during a meeting held on Sept. 26. The item was tabled twice before being unanimously recommended for approval by the Archuleta County Planning Commission on Nov. 21.
Public comments of those in favor and opposed to the shooting range operation were given at three planning commission meetings and at Tuesday’s BoCC meeting.
Neighboring and nearby residents of Keyah Grande expressed concerns of noise levels, operating hours, lead remediation and other safety concerns. While not completely opposed to the operation of the shooting range, residents voiced a desire for the range to meet certain standards.
See the Oct. 3 and Nov. 27 issues of The SUN for more detail.
During the Dec. 17 meeting, Planning Manager Owen O’Dell presented the matter to the BoCC, noting the 13 conditions recommended by county staff and the planning commission.
O’Dell mentioned that Keyah Grande claims to be offering a user-friendly environment for its guests, law enforcement and “the wider community” by operating a commercial shooting range.
Warren Sackman, a representative of Keyah Grande, explained at the Nov. 26 planning commission meeting that the shooting range would be open to law enforcement agencies to use free of charge, Keyah Grande guests, trainers offering certification classes and to a membership club of approximately 100 people.
Comments from residents at the Nov. 26 meeting also expressed concerns that the majority of the community will not be able to afford the membership fee, and that the greater public will not be able to use the range.
During the Dec. 17 meeting, O’Dell explained that the Keyah Grande property is currently zoned as agricultural ranching and that under the county’s land use regulations, outdoor shooting ranges are allowed through a CUP.
O’Dell also mentioned the planning commission tabled the matter multiple times and requested staff to address the concerns being brought forward by residents.
“Staff then conducted extensive research,” O’Dell said, explaining that multiple outside agencies were contacted for additional information.
In their efforts in addressing the noise concern from residents, staff discovered that Colorado statute prohibits local governments from enforcing noise requirements on outdoor shooting ranges, O’Dell explained, citing Colorado Revised Statute 25-12-109.
Public comment was made in multiple meetings expressing the concern that the county attorney “in good faith” misadvised county staff on its options for noise control requirements.
O’Dell also indicated that a document was obtained from the Environmental Protection Agency (EPA) that outlines the best practices for lead remediation at outdoor shooting ranges.
According to the staff report, conditions 10 and 11 require that Keyah Grande provide reports to the Planning Department with the amount of rounds fired per lane, with lead remediation work invoice receipts, or receive a certificate from the EPA for maintaining best practices associated with lead remediation.
When offered the chance for comment, Sackman acknowledged the noise concerns, saying, “I understand people are concerned with, obviously, noise,” noting the county cannot enforce any noise restriction.
“Its a concern to us as it is our neighbors,” he added, mentioning that the shooting range will encourage patrons to use suppressors.
Commissioner Ronnie Maez inquired about what size and caliber of guns will be allowed.
O’Dell indicated that Keyah Grande’s narrative states that the range accommodates rifles in size from .17 to .375 and pistols from .17 to 10 millimeters.
Brown commented on the language used in condition 12, which covers that law enforcement can use the range on certain days and times.
He explained that his background in law enforcement and as an investigator in officer-involved shootings, those incidents tend to occur in nighttime hours or in adverse weather conditions.
Sackman explained that the time restriction and operating hours are not applicable to law enforcement, noting that nighttime shooting “is something that may occur from time to time,” but not often.
Sackman added that Keyah Grande is trying to be helpful in providing law enforcement agencies a place to train and receive necessary certifications.
Seven residents provided public comment during the Dec. 17 meeting, with six people still expressing concerns over noise, operating hours, state statute interpretations and who the range will serve.
One comment from a resident who explained he lives within a couple miles of the range stated he’s heard “very little” noise from his residence, and applauded the county staff and planning commission for its work on the matter, adding that he is in favor of the range and wanted to say, “welcome to the neighborhood.”
One resident mentioned she is still concerned about nighttime shooting, and requested that condition 12 be rewritten to specify specific days and times as to when certain law enforcement shooting events will occur outside of normal operating hours.
“Gunshots at night are particularly troublesome and terrifying to neighbors,” she said.
She also spoke of noise concerns, stating, “The fact that this is moving from a private enterprise to a public enterprise is undoubtedly going to cause a very large volume of sound and noise above what it’s been.”
Another comment from a resident concerned about shooting events occurring at irregular hours asked for “something predictable” so that residents know when such events will happen.
She also mentioned that the Archuleta County Sheriff’s Office (ACSO) has put time and investment into the range.
County Manager Jack Harper previously explained to The SUN that the ACSO contributed $8,700 for gravel and the construction of shooting bay areas in 2022, with grant funds from the Colorado Department of Law.
Another resident expressed frustration with the county’s notification requirements, claiming that the county is only required to notify immediately adjacent properties, but that the shooting range could affect properties up to 2 or 3 miles away.
She also expressed concerns with Keyah Grande “self-reporting” its lead remediation work, and suggested that it be regulated by the county.
One resident spoke about the exclusivity of the shooting range and urged the county to have a range that is not going to exclude the community by large.
“As it stands, this shooting range is going to exclude the community at large for use of the shooting range,” she said.
After public comment, Brown asked O’Dell if the range is currently operational.
O’Dell stated it is.
O’Dell added that the range has been in use for potentially 15 years now and does not have a permit.
He explained that the Planning Department tied in Keyah Grande’s new guesthouse restaurant permit approval with the requirement that the shooting range be permitted.
O’Dell commented that the Planning Department “kind of strong-armed them, in a way.”
Medina asked for clarification and if Keyah Grande was attempting to get the range permitted, or if people just started using it before coming to the planning commission.
O’Dell indicated that “no one approached” the Planning Department and that a previous county manager advised Keyah Grande to move forward with the shooting range without a permit as it was primarily being used by local law enforcement.
He added that his understanding was that the range was not currently open to the public at the time of the meeting.
Maez asked if the range would be open to the general public at all.
O’Dell explained it would be open to the 100-member club, law enforcement and instructors for certification classes.
“So, basically, if you don’t belong to the country club, you don’t get to shoot,” Maez said.
Development Director Pamela Flowers added that an instructor could bring classes that are not part of the 100-member club.
Maez also commented that he qualified for his concealed weapon license at the range “some years back.”
Maez inquired about the county’s noise ordinance, with Flowers explaining that for agricultural ranching properties, it would be 60 decibels from the property line, though she noted the county could not enforce it.
Brown commented that a .30 caliber rifle creates a noise decibel of 138 from the firing muzzle, asking what the distance is from the shooting range to the property line.
Flowers noted it is approximately 800 feet.
Sackman then commented on the genesis of the shooting range, noting that 10 to 15 years ago it became apparent that local law enforcement agencies needed a place to train, “and we had a space.”
Sheriff Mike Le Roux commented that he joined the ACSO in 2015 and the range was in use at that time.
Medina asked what the requirement would be for the shooting range, permit wise, if it were not operating commercially.
“It doesn’t care if you’re commercial or private, or anything — you have to have a permit,” Flowers said.
Brown commented that he’d rather have condition 12 read “local law enforcement,” instead of, “law enforcement.”
Maez mentioned that he would like to see a public notification be sent to neighboring properties when a shooting event will occur at irregular hours.
Le Roux commented that nighttime shooting events are limited and that the ACSO has not done any this year.
Brown moved to approve the CUP application with conditions one through 13, amending condition 12 to read local law enforcement.
Maez also amended the condition to read “for training” rather than “certification,” and seconded Brown’s motion.
Before voting on the matter, Medina commented, “I just think that we don’t have all the information and with the county not having counsel … I know I have some unanswered questions,” based on items brought up during the meeting.
County Attorney Todd Weaver was absent from the meeting.
“I’m not ready to make a motion or decision,” she added.
The matter then passed by a vote of 2-1.
clayton@pagosasun.com
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