At a regular meeting on Sept. 26, the Archuleta County Planning Commission voted unanimously to table its recommendation in regard to an outdoor shooting range development at the Keyah Grande property.
In an interview, County Development Director Pamela Flowers explained that the range was developed in cooperation with the county to provide local law enforcement agencies with a place to train.
Flowers noted that the range was constructed about two years ago and currently there are two covered shooting stations, along with a storage container and a shed on the property.
“I became aware of it a couple years ago,” Flowers said.
She explained that she was told by the former county manager, Derek Woodman, that the range was only being used by law enforcement.
“Eventually, I got word that they were also inviting local instructors to come out and bring groups of people and have classes,” Flowers said, explaining that those uses would require a permit with the range operating commercially.
The Keyah Grande property is zoned as agricultural ranching, which, under current county land use regulations, does permit outdoor shooting ranges, planning manager Owen O’Dell explained at the Sept. 26 meeting.
When asked if the shooting range would need to go through a permitting process if it were only being used by law enforcement, Flowers said in the interview, “My interpretation of the regulation would be yes. However, I am frequently … reminded by the county attorney that the county does not have to follow its own regulations.”
She explained that if the range is only for the use of the county sheriff’s office or other law enforcement agencies, then a review process would not be needed.
Flowers added that since the range will be used for a commercial operation with the general public having the option to pay to use the facility, a permitting review process is required.
During the Sept. 26 meeting, O’Dell briefed the planning commissioners on the topic for its consideration of a conditional use permit to be issued for the shooting range.
“Keyah Grande aims to offer a user-friendly environment for shooting sports and firearm training,” O’Dell said.
He explained that the facility will be intended to serve guests, local law enforcement agencies and trainers in the wider community.
O’Dell indicated that outdoor shooting ranges are permitted in agriculture ranching districts in the county with a conditional use permit approval from the county.
He also mentioned that the range was permitted by the former county manager, and that the issue was brought to the attention of the planning commission by the current county manager, Jack Harper.
“The reason this structure is already built is our previous county manager gave them the go-ahead without a planning review. Our new county manager is the one who helped us initiate this review,” O’Dell said. “So, it was the previous county manager who allowed this use.”
Flowers mentioned in the interview that it took about a year to get Keyah Grande to “participate” in getting the required permit for the shooting range.
She explained that just a few months ago, Keyah Grande applied for a permit to expand its restaurant facilities at its guest house and the county informed Keyah Grande that the restaurant expansion would not be approved “because they had an illegal operation on the property,” with operating a commercial shooting range “that technically needed a permit.”
She mentioned that Keyah Grande was informed that the restaurant expansion would not be approved until it started pursuing a permit for the shooting range.
“We got them to participate,” Flowers said.
During the meeting, O’Dell explained that planning staff conducted a review with additional conditions for recommended approval.
O’Dell also explained that shooting ranges are regulated state to state and not at the federal level, noting that all approval and permits are to be completed at the local level and no permit from the state is needed.
Planning commissioner Peter Beaudry asked about the accessibility to the shooting range and if the plans have been shared with the Colorado Department of Transportation (CDOT).
Planning commission chair Matt Nobles also asked if the current access from U.S. 160 would continue to be the main access for the shooting range.
“That is not a permitted CDOT access point,” O’Dell said.
Flowers mentioned that conditions for the guest house would be lumped into one decision, and that CDOT is considering all uses through the main gate.
O’Dell added that he has been unable to get a clear answer from CDOT as to what Keyah Grande will be required to do.
Warren Sackman, a representative from Keyah Grande, was in attendance to comment and answer questions about the design and intended uses of the shooting range.
Sackman explained that the current access to the shooting range from U.S. 160 will not continue to be used and that the range will be accessed from within the Keyah Grande property, behind a second, separate gate.
O’Dell added that the range has been constructed for shots to be fired toward the north into an earthen berm that is at the base of a hillside.
Harper explained to The SUN that the Archuleta County Sheriff’s Office (ACSO) contributed $8,700 in funding for road gravel and construction of the shooting bay shelters.
Harper noted the funding for the range came from a grant that was awarded to ACSO from the Colorado Department of Law and the funds were spent in August 2022.
During the meeting, the planning commissioners asked other questions about operating hours, planned security for the facility and what kind of guns will be shot at the range.
Flowers noted that the operating hours must be in the daytime only, and Sackman mentioned that Keyah Grande plans to have range officers on-site when the range is being used, adding that it will not be an “unattended range.”
Sackman also mentioned that there will be surveillance cameras on-site.
O’Dell went on to explain that the county’s noise ordinance allows for up to 55 decibels of sound from the property line.
Sackman indicated that Keyah Grande has not nailed down specifics about what guns will be permitted at the range and that it would need to see what kind of noise levels will be incurred.
“Obviously we want to be respectful of our neighbors,” he said, “and keep that number as low as possible.”
Sackman also noted that it is a shooting range and, “it will make some noise.”
O’Dell pointed out, “This is a first for the Planning Department,” and that he is open to suggestions on how the county should test and monitor sound coming from the shooting range.
“Just so we know, the range has been in operation for a while, and we’ve had no complaints about sound,” Flowers added.
She confirmed in the interview that there have been no formal complaints received by the county in regard to the shooting range.
Beaudry asked how high the mound is that the users are shooting into.
Planner Justin Griffin noted it is the base of Devil Mountain and from the highway, “talking about running up a thousand feet.”
An audience member interjected, commenting, “That’s absurd,” referring to Griffin’s description as inaccurate.
O’Dell described it as a natural berm.
Sackman explained that the range sits approximately 50 to 80 feet above the grade of U.S. 160 and the range backs into a canyon.
“We’ve put berms up that will help deflect noise away from the highway and our neighbors across the street,” he added.
Sackman went on to explain that Keyah Grande has provided 10 covered shooting stations with roof protection and that the structures are angled in a way that helps “push noise away from the highway.”
Beaudry asked if the range would be suitable for hunters to practice on.
Sackman indicated that the facility is set up with a 50-yard range and a 100-yard range.
Sackman also explained that the intention of Keyah Grande is to provide a facility for law enforcement to use at no cost and operate the facility in “a private-type manner,” explaining that users would be in a club and, “not that anybody can come off the street and shoot whenever they want.”
“Really looking to make it more palatable to the local community,” he said.
The planning commission then heard multiple public comments on the matter voicing concerns of noise, lead remediation plans and security of the facility.
The first public comment came from a woman who noted she is the owner of the “only property directly adjacent” to Keyah Grande, and not on the other side of U.S. 160.
“So, there is a tremendous amount of noise affecting my property,” she said.
She claimed that the shooting range is “materially injurious,” to her property.
She also asked if there has been a noise study performed by a third-party engineering firm, with the planning commission indicating there has not.
“They don’t have any understanding as to the exact impact of adjacent properties,” she added.
She also claimed that the location chosen is the only location on the Keyah Grande property that affects only the neighboring properties.
She noted that the property is on thousands of acres and there are other locations that would not affect her property.
The Keyah Grande property is more than 4,000 acres in size, according to its website.
The commentator also mentioned the range was constructed without any proper approval.
“But, they chose to develop and build this range before they had any approval,” she said, “ It’s already built and you’re set to vote on it? That’s absurd.”
She went on to comment that “it’s BAU — it’s business as usual in Archuleta County,” strongly urging the commission to vote against allowing the shooting range.
Flowers noted that because it was primarily being used for the ACSO, permit approval was not required, but opening up for classes requires a permit.
Another public comment from a man identifying himself as a former range instructor in Aspen mentioned that the noise generated from 10 guns going off “is unbelievable,” urging the county to perform multiple noise tests.
“I think it’s terrible what you might allow,” he added, suggesting the county look into its noise ordinance more.
Flowers noted that given the property is zoned as residential, the lowest allowed noise level would be enforced.
Flowers also clarified that the planning commission would only make a recommendation on the matter and that final approval will come from the Board of County Commissioners (BoCC).
Another public comment from someone living in the area expressed concern about noise coming from the range.
“My biggest concern is, I live 5 miles away and I can hear those shots,” the commenter said, explaining that he has had to move in the past because of a similar issue.
He also urged the county to have restricted hours on the facility.
“This is a real serious problem,” he added.
A resident living on Forest Service Road 628 stated, “We hear the range now,” noting they are 1.5 miles away from it.
He also stated that he is a 27-year Army veteran and asked if there are any plans for lead remediation, noting there are multiple people with water wells in the area.
“At some point that’s going to sink into the ground,” he said.
He also commented on the need for range officers to be present, saying, “the ranges that have problems don’t have on-site supervision.”
He also noted that law enforcement has automatic weapons and if those were to be used at the range, the berm is “not going to stop that.”
He went on to suggest that if the shooting range is going to be approved, “then it ought to be a first-class firing range.”
Sackman replied to the concern of lead remediation plans saying, “We anticipate doing some lead remediation.”
He noted that, at this point, details have not been finalized as they are still waiting to be able to open.
“It is on our agenda to deal with,” Sackman added.
Sackman then went on to provide some history of how the shooting range and the situation came to be.
“The local law enforcement were looking for a place to shoot,” he said.
He added that conversations with community members identified that there was no shooting range available and that it was a need in the community.
“If we can give the opportunity to the local people to be able to enjoy the outdoors as well, we would like to do that,” he said.
Sackman added that Keyah Grande is trying to take the proper steps in getting the facility approved, and is cognizant of the noise issue and will do what it can to mitigate it.
Planning commissioner David Pribble made a motion to table the recommendation on the matter for further clarification on items such as lead remediation, operating hours, how noise would be monitored and for staff to add an engineering sound study of firearms.
Flowers later explained in the interview that the shooting range is going through an “after-the-fact” permitting process, which involves additional fees, noting Keyah Grande has to pay twice as much for the conditional use permit.
Flowers also explained that if the range were only to be used by Keyah Grande guest house guests, then only a minor amendment to the existing permit would be required.
She added that, in this case, “It’s not even really intended for that,” noting it is intended more so for law enforcement and private classes.
“And I do believe that they [Keyah Grande] started it out because they wanted to be helpful to the law enforcement,” she said, explaining there is an opportunity to expand and provide a shooting range for the community.
She added, “They’re pursuing all the right things to get it all lined up and compliant.”
Flowers explained that Keyah Grande is at risk of the county ruling that the range cannot be located where it is.
She noted that the county cannot completely rule against a shooting range, as the land use regulations allow for it, but that the county can list certain rules to be followed and dictate where it is located on the property.
If the planning commission rules that the range cannot be located where it currently is, Keyah Grande would be required to remove the current structures or it would be out of compliance with the county and subject to fines or lawsuits.
“I don’t know what the county would do,” Flowers said.
clayton@pagosasun.com
