PUBLIC HEARING - Consider Resolutions #14-01-005 and #14-01-006 Approving a Request for a Conditional Use Permit to Allow an Indoor Shooting Range at 6001 167th Ave NW; Case of Total Defense, Inc.

The City has received an application from Total Defense, Inc. requesting a conditional use permit to operate an indoor shooting range on the property located at 6001 167th Ave NW (the "Subject Property").  Total Defense, Inc. has also submitted a Zoning Amendment application to amend the B-1 General Business zoning to identify indoor shooting range as a conditional use, which is being processed concurrently with this application.
 

Staff attempted to notify all Property Owners within 700 feet of the Public Hearing. A Public Notice was also advertised in the Anoka Union.

Total Defense, is a Ramsey business currently operating at 14063 St. Francis Blvd NW.  Their current operation has two components, retail (firearms, ammunition, accessories, and gunsmithing) and training (self-defense and martial arts).  They are looking to relocate their business to 6001 167th Ave (the Subject Property), where they could expand their retail and training components and expand to offer an indoor shooting range as well.

The Subject Property is located within the B-1 General Business zoning district and is just over two (2) acres in size.  The existing building (former Supervalu building) on the Subject Property is approximately 18,000 square feet in size and has been vacant for a number of years now.  Properties to the west and south are also zoned B-1 General Business, the property to the north is zoned R-1 Residential (Rural Developing) and the property to the east (Rum River Hills golf course) is zoned PUD (Planned Unit Development). 

Along with their retail and training offerings, Total Defense is proposing to install one (1) indoor shooting bay with ten (10) lanes and would, in the future, add a second indoor shooting bay with up to another ten (10) lanes.  Secured access to the indoor shooting range would be through an industry standard dual door airlock entrance/exit that will not only control access to and from the indoor range but will also maintain sound and air quality in the retail and training areas of the building.  Other security measures proposed include cement bollards around the main entrance (prevents a car from driving through entrance to gain access to firearms), barred and reinforced windows, motion/thermal/impact sensors connected to a monitoring service and a closed caption television system as well.  Additionally, within the draft conditional use permit, there is a condition that requires all firearms not in use in the shooting range lanes/stalls to be unloaded and properly cased in accordance with Minnesota laws.

The indoor shooting range would essentially consist of a building constructed within the existing building.  It will include eight (8) inch solid grout filled concrete masonry units (CMU) as walls, with air space and then the wall of the existing building, which consists of twelve (12) inch insulation filled cement blocks.  The combination of the two walls should result in good noise buffering as well as bullet containment.  The final construction design of the indoor shooting range would determine the permissible caliber limit.

Due to the nature of indoor shooting ranges, a good ventilation system is critical to move lead particulates away from the breathing zone of the shooters.  Furthermore, the ventilation system is also critical to filter out these particulates prior to exhausting to the exterior of the building.  All three (3) of the range manufacturers that Total Defense is considering suggest that the ventilation/exhaust system be equipped with HEPA filtration, which captures the particulates prior to exhausting to the exterior of the building.  Staff incorporated that standard into the draft Zoning Amendment that is being considered this evening as well. 

As with any proposed use, the indoor shooting range will need to comply with Chapter 30 (Nuisances) of City Code, including the acceptable sound levels.  Sound is measured in decibels and the readings would need to be made at the property of where the sound is being heard, not where it is generated.  This would be applicable to not only the firing of guns within the indoor shooting range but also to the mechanical ventilation system as well.

There are at least seventy-one (71) parking stalls on the Subject Property, based on a review of aerial photographs.  In determining the minimum required parking for the proposed use, Staff based the calculation entirely on a retail use (one space per 200 square feet of retail floor space).  However, a large portion of the square footage of the building is excluded in the calculation as there would not be any persons within the shooting lanes themselves.  A minimum of fifty (50) parking stalls must be maintained for the proposed use on the Subject Property, which does include the second bay, should it be constructed in the future.

As of the writing of this case, Staff has received two comments on the proposed use (both of which are attached).  One supports the proposed use as long as all safety standards are met.  The second is from an adjacent property owner concerned about potential impacts to one of his tenants, a child care center.  Staff has reviewed state statutes and is not aware of any standard or requirement that would prohibit an indoor shooting range in close proximity to a child care center (although per State Statute 609.66 [Dangerous Weapons], it is unlawful for any person to knowingly possess, store or keep a dangerous weapon while knowingly on school property and a licensed child care center qualifies as school property for the purposes of that Statute).  Staff did hand deliver a notice of the public hearing and open house to the child care center on December 31, 2013.

Alternatives/Options

Option #1:  Recommend approval of the conditional use permit to operate an indoor shooting range on the Subject Property.  The concept of an indoor shooting range was reviewed by the Planning Commission in January of 2013. The response at that time was mostly positive as this unique type of use might help draw traffic and new business to this struggling retail node. Additionally, nearby property owners that participated in a collaborative public process held in September of 2013 identified a shooting range as a desirable use for this site.  There are standards in City Code to address noise, odors, and minimum parking requirements and the Building Code, Mechanical Code and Fire Codes have standards for the design and construction of indoor shooting ranges as well as for the storage, handling, sale or use of ammunition.  Additionally, proposed use would be essentially in a building within a building, which should provide enhanced containment of both bullets and noise.  Staff supports this option contingent upon the B-1 General Business district being amended to identify indoor commercial recreation as a conditional use.

Option #2:  After reviewing the proposed conditional use permit and receiving input from the public hearing, identify additional conditions and/or findings related to the request and direct Staff to either incorporate those revisions prior to presenting the information to City Council or bring the revised documents back for Planning Commission review at a subsequent meeting. 

Option #3:  Recommend denial of the request.  Based on the desire to see expanded uses in this retail node, the input received from the collaborative public process related to this retail node, and feedback received previously from the Planning Commission, Staff does not support this option.

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

Staff would recommend approving the request for a conditional use permit to operate an indoor shooting range at 6001 167th Ave NW contingent upon the adoption of a zoning amendment to identify indoor commercial recreation as a conditional use in the B-1 district and said ordinance becoming effective.

Motion to recommend that the City Council adopt Resolution #14-01-005 adopting Findings of Fact #0920 related to a request for a conditional use permit to operate an indoor shooting range at 6001 167th Ave NW

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Motion to recommend that the City Council adopt Resolution #14-01-006 approving a conditional use permit to operate an indoor shooting range at 6001 167th Ave NW contingent upon a zoning amendment taking effect that identifies indoor commercial recreation as a conditional use in the B-1 General Business district and outlines minimum requirements for indoor shooting ranges.