PUBLIC HEARING - Consider Ordinance #14-01 Amending City Code Section 117-114 (B-1 General Business District) to allow Indoor Commercial Recreation as a Conditional Use and Creating City Code 117-363 Establishing Performance Standards for Indoor Shooting Ranges; Case of Total Defense, Inc.

The City has received a request from Total Defense, Inc. to allow an indoor shooting range at 6001 167th Ave NW, requiring an amendment to City Code Section 117-114 entitled B-1 General Business District. The effect of amending this section of City Code would impact all parcels within this zoning district. The topic of an indoor shooting range at this location has been discussed at the City level on multiple occasions over the past year, with preliminary indication of some support with the appropriate standards. Details of this review are include in the attached Statement of Goals. The B-1 General Business zoning district is intended to provide a commercial area for goods and services for the surrounding neighborhoods and community on a smaller scale than the B-2 Highway Business district.

The Notice of Public Hearing was properly published in the City's official newspaper, the Anoka County Union.  Additionally, City Staff attempted to notify all Property Owners within located within the B-1 General Business District and included an invitation to an Open House in advance of the Public Hearing to be held on January 9, 2014.  Staff also attempted to hand-delivered notices of the Public Hearing to individual tenants within the 167th Avenue/Highway 47 retail node as well. Additionally, Staff attempted to notify all Property Owners within 700 feet of 6001 167th Ave NW of the Public Hearing via Standard US Mail.

Over the past several years, the City has discussed various options to address permitted uses at the 167th Avenue/Highway 47 retail node, which is within the B-1 General Business District.  This node has been a focus of City strategic goals due to high vacancy rates and concerns with property maintenance on some of the buildings.  Expanding permitted and/or conditional uses would create greater opportunities for new businesses in this area.  As part of a public engagement process, a Statement of Goals document was developed and adopted by the City in November of 2013 relating to the 167th Avenue/Highway 47 retail node.  Outlined within that document is public input received through a collaborative process held on September 26, 2013 in which surrounding property owners identified, among other desired uses, a gun range. 

An indoor shooting range could be categorized either as indoor commercial recreation or listed out specifically as indoor shooting range.  Staff recommends classifying the proposed use as indoor commercial recreation, as this language would be consistent with language in other sections of City Code. Other types of uses classified as indoor commercial recreation could include, but is not limited to bowling alleys, laser tag, paint ball, etc. The B-2 Highway Business District as well as the E-1 and E-2 Employment Districts currently include Indoor Commercial Recreation as a permitted use.  If the use were identified specifically as indoor shooting range, it would imply that this type of use would not be permissible in those other zoning districts. 

The B-1 General Business District is generally more closely interrelated to residential uses then the other three (3) zoning districts listed above. Thus, identifying indoor commercial recreation as a conditional use would provide an additional layer of review to ensure compatibility with the surrounding residential uses. The Conditional Use provides the City the ability to attach reasonable conditions if it mitigates reasonable concerns and provides an additional enforcement mechanism in the event of non-compliance. It should be noted that there is a wide spectrum of land use types and surrounding conditions within the B-1 General Business District. Major nodes located in the B-1 General Business District include 167th Avenue/Highway 47, River's Bend Plaza (Bunker Lake Boulevard/Highway 47), and Ramsey Towne Square (Bunker Lake Boulevard/Highway 47). Smaller nodes within this district include Alpine Drive/Highway 47, Alpine Drive/Nowthen Boulevard, Bunker Lake Boulevard/Sunfish Lake Boulevard, and Bunker Lake Boulevard/Ramsey Boulevard (undeveloped). While some of these nodes have larger, contiguous tracts of property and multiple retail users, others are single-user nodes intended to service the immediate surrounding area.

City Code already has standards in place for nuisances (noise, glare, odors, etc) and off-street parking requirements. Additionally, Minnesota Building and Fire Codes have standards in place regarding the construction, design, and ventilation requirements for shooting ranges as well as storage, handling, sale or use of ammunition.  In order to maximize the effectiveness of enforcing these codes, Staff has developed some minimum standards for incorporation into City Code specifically for indoor shooting ranges.  A conditional use permit could then include additional reasonable conditions, if necessary, depending on the specifics of a request/proposal.

Alternatives/Options

Option #1: Recommend that the City Council adopt Ordinance #14-01 Amending City Code Section 117-114 Allowing Indoor Commercial Recreation as a Conditional Use in the B-1 General Business District and Creating City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges as drafted.  This would expand the allowable uses within the B-1 General Business District. This would address comments received from Property Owners within the retail node and adjacent residents that participated in the citizen engagement process. Allowing additional allowable uses may help reduce vacancy rates in the 167th Avenue/Highway 47 retail node area, while maintaining consistency with language in other zoning districts.  As previously noted, the B-1 General Business District is generally more closely interrelated to adjacent residential uses. Thus, maintaining the public input process via a public hearing for a conditional use permit, would help address and potentially mitigate questions and/or concerns that may be raised prior to this use commencing.

Option #2: Recommend that the City Council adopt an amended Ordinance #14-01 Amending City Code Section 117-114 Allowing Indoor Commercial Recreation as a Permitted Use in the B-1 General Business District and Creating City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges.  This would permit Indoor Commercial Recreation 'by-right' in this zoning district (including indoor shooting ranges, bowling alleys, laser tag, indoor playing fields etc.) and would become an administrative process.  There would be opportunity for due process for those individuals in opposition; however, this due process would be reactionary in nature versus proactive. Due to the nature of the B-1 General Business District (typically neighborhood scale retail), maintaining the formal review process to ensure that the proposed use would not be in conflict with the intent of the B-1 General Business District could be beneficial.  However, if the Planning Commission prefers the use as a Permitted Use, Staff would suggest that a standard be incorporated into the proposed City Code Section 117-363 (Indoor shooting range) that would require a City license to operate an indoor shooting range.  Thus, if there were issues with how the facility were being operated or concerns with the quality of owner, the City would retain the ability to revoke the license if necessary.

Option #3: Recommend that the City Council adopt an amended Ordinance #14-01 Amending City Code Section 117-114 Allowing Indoor Commercial Recreation as a Conditional Use in the B-1 General Business District as an Overlay District and Creating City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges.  An overlay district would allow the current zoning of the property to remain but would allow for an expansion of uses only within the overlay district (specific to the 167th Avenue/Highway 47 retail node).  Even though this option would assist with expanding uses within this distressed retail node, it is Staff's opinion that this would add complexity overall to the Zoning Code and that it would be more desirable to either view the use as a conditional or permitted use with appropriate performance standards to ensure compatibility with the surrounding area in all of the B-1 General Business District or not at all.

Option #4:  Recommend that the City Council deny Ordinance #14-01 Amending City Code Section 117-114 Allowing Indoor Commercial Recreation as a Conditional Use in the B-1 General Business District and Creating City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges.  As long as indoor commercial recreation is a conditional use, the City retains the ability to review individual requests on a case by case basis.  Furthermore, with a conditional use permit, the City can apply reasonable conditions to mitigate potential concerns or deny a request if it does not seem consistent with the intent of the B-1 General Business District and thus, Staff does not support this option.
 

All costs associated with this request are the responsibility of the Applicant.

City Staff recommends approval of Ordinance #14-01 Amending City Code Section 117-114 Allowing Indoor Commercial Recreation as a Conditional Use in the B-1 General Business District and Creating City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges (Alternative #1).

Motion to recommend that the City Council adopt Ordinance #14-01 amending Section 117-114 (B-1 General Business) to include Indoor Commercial Recreation as a Conditional Use and creating Section 117-363 establishing performance standards for Indoor Shooting Ranges.