Consider Approvals Related to 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 District to identify Indoor Commercial Recreation as a conditional use, which is being processed concurrently with this application.

Staff attempted to notify all Property Owners within 700 feet of the Subject Property of the Public Hearing and included an invitation to an Open House in which the public could meet the Applicant, review the proposal in greater detail, and provide feedback regarding the proposal. A Public Notice was also advertised in the Anoka Union newspaper.

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

The Subject Property is located within the B-1 General Business 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. Properties to the west, east and south are also located in the B-1 General Business District and the property to the north is located in the R-1 Residential (Rural Developing) District.  The property east of Trunk Highway 47 (Rum River Hills golf course) is a Planned Unit Development (PUD).

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 from the retail floor area through an industry standard dual door airlock entrance/exit. This entrance 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), internally barred 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. The range component will include eight (8) inch solid grout filled concrete masonry unit (CMU) walls that will be constructed inside the existing building walls with air space between the two.  The exterior building walls consist of twelve (12) inch cement blocks. The combination of the two sets of walls should result in good noise buffering and the eight (8) inch solid grout filled CMU walls themselves accomplish the bullet containment. The final construction design of the indoor shooting range would determine the permissible caliber limit (or more accurately, feet per second 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 and the Applicant has no concern with this standard.

As with any proposed use, the indoor shooting range will need to comply with Chapter 30 (Nuisances) of City Code, including 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 at the source in which the noise is being created. 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.  The Police Department coordinated with the Anoka Police Department to utilize their indoor shooting range briefly so that decibel levels could be tested.  At 10-15 feet from the building, decibel levels were at about 64-65 and at about 20-25 feet from the building, decibel levels were about 60.  While this was not a MPCA certified sound level test, it does serve as a good reference for noise levels that may be generated by the proposed use.  It should be noted that the construction of the proposed range will include two sets of walls, the existing exterior walls of the building of then also the solid, grout filled CMUs of the range itself, whereas the Anoka facility included only a single wall of sand-filled cement blocks.  This design should result in reduced noise levels outside the building.

Based on a review of aerial photographs, there are at least seventy-one (71) parking stalls on the Subject Property.  When 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 was excluded in the calculation as there would not be any persons within the shooting lanes themselves. This resulted in the need for a minimum of fifty (50) parking stalls for the proposed use on the Subject Property, which does take into account the second bay, should it be constructed in the future. Not all stalls are necessary to be striped, but the attached materials and site conditions provide for sufficient 'proof of parking' should additional striping become warranted.

Staff received two comments on the proposed use (both of which are attached) prior to the Public Hearing. 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 on a property adjacent 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). In discussions with the City Attorney, it was confirmed that this would not apply to the parking area for the adjacent multi-tenant building where the child care center operates, only to the interior of the child care center unit.  Staff did hand deliver a notice of the public hearing and open house to the child care center on December 31, 2013 but has not received any response as of yet.  At the Open House, two (2) comment sheets were filled out and both supported the use at this location.  One indicated that it would be nice to see any type of activity at the Subject Property and the other indicated that they believed the use would generate additional traffic to the retail node, which would potentially benefit other businesses in the area.

The Planning Commission conducted a public hearing on this matter at their January 9, 2014 meeting and there were no verbal comments received (written comments were identified above).  As part of their review, the Planning Commission did express concern about the security of firearms stored on the premises overnight and recommended that Condition #4 be modified to include language stating that all weapons shall be securely stored in the overnight hours per the direction of the Police Chief. This language has been incorporated into the proposed Conditional Use Permit.

Alternatives/Options

Option #1: Adopt Resolutions #14-01-005 and #14-01-006 Approving a 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 businesses 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, the proposed use would essentially be a building within a building, which should provide enhanced noise and bullet containment. Staff supports this option contingent upon the Zoning Amendment related to Indoor Commercial Recreation, which was discussed prior to this case, being adopted and becoming effective.

Option #2: Table Action on the Request for a Conditional Use Permit to Operate an Indoor Shooting Range on the Subject Property until the Aforementioned Zoning Amendment is Adopted.  If the City Council were to take action and approve the conditional use permit request, it would need to be contingent upon the Zoning Amendment related to Indoor Commercial Recreation becoming effective and thus, the conditional use permit would only be initiated if the Zoning Amendment goes into effect.  However, if the City Council desires to consider adoption of the Zoning Amendment concurrently with the request for a conditional use permit, then action this evening should be postponed until such time that the Zoning Amendment is formally adopted.

Option #3: Approve an Amended Conditional Use Permit and/or Findings of Fact.  Should the City Council identify additional conditions and/or findings specific to the request, they can be incorporated as part of the motion to approve the request or the Council could direct Staff to make the necessary revisions and bring the case back at a future meeting for consideration.

Option #4: Deny the Request for a Conditional Use Permit to Operate an Indoor Shooting Range on the Subject Property.  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 would not support this option.

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

The Planning Commission recommended approving the request for a conditional use permit to operate an indoor shooting range at 6001 167th Ave NW contingent upon the adoption of both a zoning text amendment identifying Indoor Commercial Recreation as a conditional use within a geographically defined area in the B-1 General Business District known as the 167th Ave/Trunk Highway 47 retail node and the creation of City Code Section 117-363 (Indoor Shooting Range), which establishes minimum performance standards for indoor shooting ranges, becoming effective. The geographic limits of the amendment are defined in the text amendment as those parcels located within the B-1 General Business District contiguous to the intersection of 167th Avenue and Highway 47.

Motion to 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 adopt Resolution #14-01-006 approving a conditional use permit to operate an indoor shooting range at 6001 167th Ave NW, contingent upon Ordinance #14-01, which establishes Indoor Commercial Recreation as a conditional use within a geographically defined area in the B-1 General Business District and establishes minimum requirements for indoor shooting ranges, being adopted and becoming effective. This motion and resolution would become null and void if Ordinance #14-01 does not become effective.