After tabling the matter twice, the Archuleta County Planning Commission unanimously approved a motion for recommendation of approval of a board conditional use permit for an outdoor shooting range to be operated on the Keyah Grande property.
The approval comes with 13 conditions that Keyah Grande must follow in order to operate the range, two of which were added by the planning commissioners during the commission’s regular meeting held on Thursday, Nov. 21.
The 11 conditions proposed by planning staff include that Keyah Grande must obtain a stormwater discharge permit or a waiver if it is determined that a permit is not needed in accordance with the Colorado Department of Public Health and Environment (CDPHE).
In the event of future expansion, Keyah Grande must check with the Archuleta County Water Quality Department to determine if the permitted septic is adequate.
Driveways and parking also must meet all requirements of the county’s road and bridge design standards, along with installing any necessary traffic control devices.
Another condition suggested by the planning staff notes that before a certificate of occupancy will be issued, the county Engineering Department will require a signed and sealed letter verifying that all development has been built in accordance to the drainage study and plans.
The sixth condition states that if a driveway, parking area or any portion of the range is improved with an impervious surface, the drainage study must be updated.
The seventh condition concerns noise mitigation and states that the applicants “should institute measures to suppress the noise emitted from firing guns at the Outdoor Shooting Range to alleviate concerns from neighboring properties.”
Planning Manager Owen O’Dell explained in a previous planning commission meeting the county does not have legal authority to impose a noise regulation on an outdoor shooting range according to state law.
Condition number eight recommended by planning staff states that the applicant must receive an updated access permit from the Colorado Department of Transportation “if they deem the access point across from County Road 700 is ineligible for a permit, the gate must be replaced with a fence.”
Condition nine refers to operating hours, which originally stated hours of operation could be from 9 a.m. to 7 p.m., which aligns with the county’s noise ordinance.
During the meeting, the planning commission unanimously voted to amend condition nine to include summer and winter hours, while also being closed on certain holidays.
The amended condition includes summer hours of 9 a.m. to 7 p.m. from April 1 through Oct. 31, along with winter hours of 10 a.m. to 5 p.m. from Nov. 1 through March 31. The holidays that the range must be closed on include Thanksgiving, Christmas Eve, Christmas, New Year’s Day and Easter Sunday. The condition also notes that the applicant must choose one day a week that the range will not be in use at all.
Condition 10 recommended by staff notes that the applicant must provide the Planning Department records of rounds fired every quarter to ensure appropriate lead remediation efforts take place.
Condition 11 details how the applicant must provide the Planning Department with paid invoices consistent with intervals outlined in condition 10, or the applicant can obtain a certificate of reclamation from the Environmental Protection Agency’s best practices for lead remediation.
The planning commission voted to add a 12th condition outlining that law enforcement agencies can use the range any day that it is open, but do not have to follow the imposed operating hours.
Planning commissioner Peter Beaudry put forward a 13th condition that notes responsible adult supervision must be provided on site during all operating hours at the range. That condition was unanimously approved by the planning commission.
Warren Sackman, a representative of Keyah Grande, spoke before the floor was opened for public comment, stating that some of the letters and things he read in regard to the range “were pretty unconscionable.”
Sackman also commented on the change in operating hours saying, “I’m willing to work with you guys. That’s fine.”
Planning Commission chair Matt Nobles commented that most outdoor shooting ranges he is aware of close down for the winter season.
Beaudry questioned Sackman on the plan for who would be allowed to use the range, citing comments previously made by Sackman indicating the plan is to cater to a wide range of shooting enthusiasts.
Sackman explained during the Nov. 21 meeting that he planned for Thursday through Sunday to be used by private club members — a club of approximately 100 people in which users would have to apply to be in the club.
Sackman also explained that Monday through Wednesday would be reserved for law enforcement use.
“There seems to be a conflict on this and I’m not sure what your proposal is,” Beaudry said.
Nobles asked if there would be any open hours for the general public to use the range or if it would be a membership-only scenario to be allowed on the grounds.
Sackman confirmed that it would be private membership only, with no hours for the general public.
He explained anyone can apply to be in the private club, until a capacity of approximately 100 persons is reached.
“That clarifies for me,” Nobles said.
Multiple public comments were made, with a total of eight speaking in opposition of the shooting range and two speaking in support of the shooting range.
Those who stated they are in opposition of the range indicated they are neighbors of or live near the Keyah Grande property.
The two individuals speaking in support of the range indicated they live in a Pagosa Lakes Property Owners Association neighborhood.
The first commenter suggested that Keyah Grande could construct an indoor shooting range that would alleviate all the concerns of the surrounding neighbors.
She mentioned she grew up in a military family and is familiar with shooting, and that an indoor range is the safest environment for such activity.
The second commentator identified himself as a former attorney, former planning commissioner and resident of Archuleta County since 1979.
He claimed that the state statute that prohibits noise regulations on outdoor shooting ranges is potentially unsafe when applied in the setting of Archuleta County and urged the commission to table its decision one more time to re-evaluate the statute and how it is applied in the county.
Next was a resident in support of the range who stated, “I’m baffled as to why this has become such a heated topic at this time ‘cause the range has been in use for years.”
She claimed that complaints about the range only began once the matter was put into the public.
Additionally, she explained she has used the range previously, but that Keyah Grande has informed her of the price to be a part of the private club and that she would not be able to afford that, adding she will personally receive no benefit from the range.
“My belief is that this range will primarily benefit their guests and a select few with deep pockets as well as law enforcement,” she said, explaining she is still in support of the range in order to decrease the amount of shooting use on public lands where no regulation is possible.
Next was a man who identified himself as a former police sergeant from Phoenix with a business in Archuleta County teaching firearm and pistol shooting classes.
He noted that there are three individuals in the county who have been approved by the sheriff to teach such classes, mentioning there is an individual “who I’m told is a current law enforcement officer and he’s been using Keyah Grande for some time.”
The commenter also spoke about how law enforcement agencies are required to be certified multiple times a year and that night shoots may also need to take place.
Additionally, he addressed concerns of noise, noting there are multiple berms on site that help reduce noise emitted from the range.
“As long as Keyah Grande is in compliance with the state, local and federal law, I see no reason to deny their application,” he said.
Two more residents identifying themselves as neighbors of the property spoke with concerns that those who use public lands for shooting in areas like Mill Creek will not be able to afford to use the shooting range and that there will still be an issue of shooters leaving trash on public lands.
One commenter mentioned that the shooting range at Keyah Grande needs to be fenced in.
One resident identifying herself as a neighbor directly across the street indicated that it is not a big deal when law enforcement uses the range, but expressed concerns about the additional proposed use, adding that it may affect her property value.
Another commentary asked what would happen if Keyah Grande starts to violate the permit conditions.
O’Dell explained that would be cause for fines and potentially the pulling of Keyah Grande’s permit.
One commenter, also identifying as a resident near Keyah Grande, acknowledged the need for a shooting range in the community, but asked for reduced hours.
“Mistakes were made and it’s there,” she said.
Once public comment was closed, Beaudry asked staff if Colorado Parks and Wildlife (CPW) had been notified of the range and if there were any concerns from them.
O’Dell indicated that CPW had been contacted and expressed no concern with the range.
Beaudry offered some closing comments to the meeting, after the recommendation for approval was passed unanimously, acknowledging that the planning staff and commission recognizes the noise concerns expressed by residents, and that he “empathize[s] with those people.”
He noted that condition seven recommended by staff emphasizes the concern of nearby residents and encourages the applicant to perform some sort of noise remediation, adding that the county cannot legally require them to do so.
The matter will now go to the Archuleta County Board of County Commissioners (BOCC) for final approval.
clayton@pagosasun.com
