PLATTE COUNTY PLANNING AND ZONING JANUARY 15, 2014

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1 PLATTE COUNTY PLANNING AND ZONING JANUARY 15, 2014 Acting Chairman Bob Brockman called the Platte County Planning and Zoning Commission meeting to order at 7:00 P.M. The only Commission member present was Bonnie Lockhart; Commission member Sherry Warner was on speakerphone. Also present were Reed Elmquist, Planner, and Mayor LaDonna Sand of Chugwater. The Commission reviewed the minutes from the December 11, 2013 meeting. Commission member Lockhart made a motion to accept the minutes from that meeting. Commission member Warner seconded the motion and it carried. New Business Item #1: Reed Elmquist, Planner, presented a Subdivision Request to subdivide one parcel into two parcels in an Agricultural District from Ryker and Carrie Hyche, applicants and titleholders. This property is located west of the Uva town site and to the north of the confluence of the Laramie and North Laramie Rivers. There is an existing residence on this property. The applicant purchased 80 acres in July 2013 so that the resident would not lose her house. The applicant now wishes to deed one acre of the parcel back to the resident. As they propose to make the smaller parcel less than five acres in size, this was not possible to process as a simple subdivision and is thereby being processed per standard subdivision procedures. A copy of the applicant s letter of intent is attached. ADVANTAGES: The proposed parcel is already developed with an existing residence, well and wastewater system. The property has good access to a county-maintained road, East Laramie River Road. There is no need to create additional utility easements. DISADVANTAGES: There appear to be none. AGENCY COMMENTS: Seth Tourney, DEQ Water Quality Division, commented that their office has no record of any permits for a septic tank or leach field on this property. Therefore, the property owner will be required to obtain a permit from the DEQ should they wish to upgrade the septic system at any time in the future. (Copy of comments attached) The Game and Fish Department has no concerns. OTHER COMMENTS: No other comments have been received at the time of this report. 1

2 ANALYSIS: If approved, this would be the first regular subdivision approved by Platte County since 2010 and the first platted since If this property lies within the boundaries of the Wheatland Irrigation District, then the applicants have the option of either preparing a water distribution plan or relinquishing the water rights to the Irrigation District. STAFF RECOMMENDATIONS: Staff recommends that this preliminary plan for a subdivision be approved with the following conditions: 1. That the applicant prepare a water distribution plan for the Wheatland Irrigation District or provide this office with an approved exemption; 2. That a final plat of the subdivision be brought for review and that any approved final plat be filed within one (1) year of this preliminary approval; 3. That the necessary disclosure statements appear on the plat and all other pertinent documents. Acting Chairman Brockman opened the floor to public comment. Hearing none, Acting Chairman Brockman closed public comment and brought the issue to the Board for discussion. Ryker Hyche, applicant, was asked if he understood all the conditions. Mr. Hyche replied that he did, and presented his exemption form to Planner Elmquist. Hearing no further Board discussion, Acting Chairman Brockman called for a motion. Commission member Lockhart moved to recommend do pass for the Subdivision Request to divide one parcel into two parcels in an Agricultural District. Commission member Warner seconded the motion. Acting Chairman Brockman called for discussion, there was none; he called for questions, there were none. Acting Chairman Brockman then called for the vote and the motion carried. Item #2: Planner Elmquist presented a Special Permit to a shooting range in an Agricultural District from the Town of Chugwater, applicant and titleholder. The Chugwater Town Council has unanimously voted to request a Special Permit for a shooting range on Town-owned property 2 miles outside of town. Two to four short-range galleries and four to six long-range galleries are proposed. The range would be open to paying members. Range specialists from Camp Guernsey and the NRA will help identify the most suitable location on the property. ADVANTAGES: The community would benefit from a facility such as the one proposed. There are no residences within a mile and the lay of the land appears to allow for adequate 2

3 containment of any stray bullets. The site has direct access to a county-maintained road, Diamond Road. DISADVANTAGES: The only potential disadvantages are safety issues that may arise if the range is not monitored. (This matter has been routed to the County Sheriff with no comments received) AGENCY COMMENTS: None received at the time of this report. OTHER COMMENT: Irma Wortman opposes this request. She expressed concern over stray bullets from long-range weaponry hitting her property and endangering her livestock, pointing out that the Town has not indicated that the range would be monitored during business hours. (Copy of letter attached) ANALYSIS: The lay of the land appears to make this property an ideal location for a shooting range. Safety of surrounding properties is an obvious concern; however, that issue is more of a law enforcement matter. STAFF RECOMMENDATION: This office recommends approval of this request to allow a shooting facility in an Agricultural District with the following conditions, plus any others the Board may deem necessary: 1. That a Building Certificate application for any structures in excess of 2,500 square feet or costing over $50,000 to build be submitted per standard County requirements; and 2. That this Special Permit be reviewed on a complaint basis. Planner Elmquist went on to recommend a third condition, in light of recent comments from the neighbors: 3. That this approval be confined within the SW1/4NE1/4 and that part of the N1/2NE1/4 lying to the southwest of Diamond Road. Acting Chairman Brockman opened the floor to public comment. LaDonna Sand, Mayor of Chugwater, stated that they would use the bluff as a barrier for people to shoot into and that the Town was working with specialists from Camp Guernsey and the National Rifle Association to select a site for the long-range galleries. Acting Chairman Brockman asked Mayor Sand if they would be located on the north end of the property. Mayor Sand answered that they would not. John Burns stated that he owns property that adjoins about half the perimeter of this parcel. He would have liked to have had more Planning Commission members physically present before the 3

4 Board makes a decision on this request. Commission member Warner pointed out that the Board would only be making a recommendation to the County Commissioners. Mr. Burns expressed his desire to postpone this item to the February 12 meeting. Commission member Warner asked whether any of the County Commissioners were present in the audience. Acting Chairman Brockman informed her that none were present. Mr. Burns stated that he would much rather have Chairman Shepard and Commission member Klein present. Mayor Sand stated that the Town of Chugwater has already held two public hearings concerning this proposal and not one person expressed any opposition. Mr. Burns responded that although he was out of the country for the past few months, he received no notice from the Town about those meetings and he had just found out about the Planning Commission hearing within the past two weeks. He went on to dispute that there are any bluffs on this property as Mayor Sand had stated; there are only hills and gullies. Commission member Lockhart asked Mayor Sand how much of the parcel would be used for the shooting range. Mayor Sand was unsure of the exact acreage. Mr. Burns estimated it to be between acres based on the map he received. Commission member Brockman stated that there was a missile silo located to the immediate east of the property and asked Mayor Sand if there was a blast area on which the Town would be unable to erect any structure. Mayor Sand had no knowledge of such a restriction. Mr. Burns believed that the missile silo has been decommissioned for a number of years and that there was an easement with a half-mile radius surrounding the silo, but was unsure if it is still in effect. Acting Chairman Brockman believed that the restriction was still in effect and stated that he would have no problem postponing this item to the February meeting. Mr. Burns believed that Chairman Shepard and Commission member Klein could offer additional perspectives on this matter. Commission member Warner stated that she would also be okay with postponing the item to February. Commission member Lockhart added that this would give the Town more time to select a possible alternative site. Mr. Burns expressed a desire to meet privately with Mayor Sand in order to address his concerns. Mayor Sand stated that in recent years there has already been evidence of people trespassing on this property to go shooting, so the Town decided it would be better for the public to have a more secure place to shoot. Mr. Burns stated that Mark Virant and a number of other neighbors have had issues with the Town of Wheatland s shooting range off Y-O Road, even after recent safety measures have taken effect. He asked Mayor Sand how long a long-range gallery might be. Mayor Sand answered that they would be about a thousand yards and much of their proposal would be 4

5 contingent on a grant from the NRA. Even if the County were to approve their request, the NRA might not accept the proposal as presented. She went on to state that the Town wishes to provide a controlled atmosphere, with gun safety classes for children. Acting Chairman Brockman closed public comment and brought the issue to the Board for discussion. Commission member Warner made a motion to table the issue to the February 12 meeting. Commission member Lockhart seconded the motion. Acting Chairman Brockman called for discussion, there was none; he called for questions, there were none. Acting Chairman Brockman then called for the vote and the motion carried. With no further public business Commission member Lockhart made a motion to adjourn. Commission member Warner seconded the motion. Acting Chairman Brockman called for discussion, there was none; question, there was none. Acting Chairman Brockman then called for the vote and the motion carried. The meeting closed at 7:45 P.M. Respectfully Submitted, Reed Elmquist, County Planner 5