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SUMMARY: <br />The Commission's conclusion that limited nighttime use of the range is unnecessary was arbitrary. <br />In addition. the decision failed to properly apply the LDRs by prohibiting rather than regulating <br />nighttime lighting. The limited lighting and hours of operation that the applicant proposed can <br />reasonably balance light pollution concerns and public use of a portion of the Preserve. and can meet <br />the applicable LDR requirements. Therefore. the Commission's decision to deny the request should <br />be o‘enurned and the applicant's request approved. <br />RECOMMENDATION: <br />Based on the above analysis. staff recommends that the Board of County Commissioners: <br />(1) Find that the Planning and Zoning Commission failed in regard to criteria 2 and 4. as <br />stated in this report, and <br />(2) Uphold the appeal, overturn the Planning and Zoning Commission's denial. and grant <br />approval for use of the gun range until 9:00 p.m. nightly, as requested. <br />ATTACHMENTS: <br />1. Staff Report for Extended Hours Request (includes back-up from 1998 application) <br />2. Draft P&ZC Minutes for Extended Hours Request <br />3. Applicant's Appeal Memo <br />ON MOTION by Commissioner Adams, SECONDED BY <br />Commissioner Macht, the Board unanimously 1) found that the <br />Planning and Zoning Commission failed in regard to criteria 2 <br />and 4, as stated in the above memorandum, and 2) upheld the <br />appeal, overturned the Planning and Zoning Commission's <br />denial, and granted approval for use of the gun range until 9:00 <br />p.m. nightly, as requested, as recommended in the <br />memorandum. <br />March 20, 2001 <br />