Consider Adoption of Ordinance #14-01 Amending City Code Section 117-114 (B-1 General Business District) to Identify Indoor Commercial Recreation as a Conditional Use in a Geographically Defined Area within the B-1 General Business District and to Create City Code Section 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. The request requires an amendment to City Code Section 117-114 entitled B-1 General Business 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 support with the appropriate standards. Details of this review are included in the attached Statement of Goals. The B-1 General Business 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 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-deliver 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 or nearby 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 would not necessarily be 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.

The Planning Commission held a Public Hearing regarding the request to amend the B-1 General Business District to include Indoor Commercial Recreation as a conditional use and to establish City Code Section 117-363 (Indoor Shooting Range) at their January 9, 2014 meeting. There was one verbal comment received at the meeting in support of the request. Additionally, two written comments were received via the open house held prior to the Public Hearing that were also supportive of the requested zoning amendment (comments attached).

The Planning Commission supported the idea of including Indoor Commercial Recreation as a conditional use in the 167th Ave/Trunk Highway 47 retail node but not necessarily across the entire B-1 Business District. The surrounding residential areas are larger lots with lower densities than many of the residential areas adjacent to the other B-1 General Business District nodes and due to this, the Planning Commission favored establishing an Indoor Commercial Recreation Overlay District to address this request. The Overlay District would only be applicable to the contiguous group of B-1 General Business District parcels on 167th Ave NW at the intersection of Trunk Highway 47. Staff has discussed this with the City Attorney and have confirmed that this can be accomplished through a text amendment that specifically describes the geographic area within the text of the B-1 General Business District rather than establishing another overlay district.

The Planning Commission also recommended that the proposed Section 117-363 be revised to include a provision regarding the storage of firearms during the overnight hours. They desired to see more safety measures in place to prevent the theft of guns. Staff has incorporated paragraph (j) in the proposed amendment stating that any weapons stored overnight on the premises shall be properly secured, per the direction of the Police Chief, and the provisions of which shall be negotiated through the conditional use permit.

On February 4, 2014, the City received written comments from the owner of Little Me Child Care, which operates on the property directly west of the site of the proposed indoor shooting range, concerning this request (comments are attached).  As these comments were not available at the time of the Planning Commission's recommendation, Staff did update the Planning Commission at their February 4, 2014 meeting.  While the minutes of that meeting are not yet available, Staff will provide an update to the City Council with any feedback from the Planning Commission based on this new information.  Note that on January 28, 2014, the City Council adopted Resolutions 14-01-005 and 14-01-006 approving a Conditional Use Permit to operate an indoor shooting range at 6001 167th Ave NW contingent upon this ordinance amendment becoming effective (adopted, published and after thirty [30] day waiting period).  Thus, while approved, the Conditional Use Permit is not yet valid and will not become valid should the ordinance amendment not become effective.  Based on this new information, should the City Council determine additional standards in the ordinance are necessary to address these concerns, Staff can revise the draft ordinance accordingly and place the item on a future City Council agenda for re-introduction (and subsequent second reading).

The ordinance as drafted was introduced at the January 28, 2014 City Council meeting and is now eligible for adoption.

Alternatives/Options

Since February 4, 2014, Staff has received feedback from multiple individuals via phone and email raising concerns about allowing an indoor shooting range in close proximity to a child care center. Although not available at time of publication of this case, it is anticipated that a petition stating opposition of the request will be submitted prior to the City Council Meeting. The exact language and signatures of said petition are not yet known. The ordinance amending City Code to allow an indoor shooting range does not currently contain language requiring any separation from other uses. If this is a concern to the City Council, action on the ordinance could be postponed to review additional alternatives based on new feedback received. This is not required. The City would be required to take action in April at the latest, but as soon as the February 25, 2014 Meeting..

Option #1: Adopt Ordinance #14-01 Amending City Code Section 117-114 to Establish Indoor Commercial Recreation as a Conditional Use in a Geographically Defined Area within the B-1 General Business District and to Create City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges. This would expand the allowable uses within the 167th Avenue/Trunk Highway 47 retail node and addresses comments received from Property Owners and tenants within the retail node and adjacent residents that participated in the citizen engagement process. Allowing additional uses may help reduce vacancy rates in this struggling retail node, 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, but in this general area, the residential lots are larger than around other B-1 General Business District nodes and densities are lower than other areas as well. Identifying this use as a conditional use also maintains the public input process via a public hearing for a conditional use permit, which could help address and potentially mitigate questions and/or concerns that may be raised prior to this type of use commencing.

Option #2: Direct Staff to Revise Ordinance #14-01 to Amend City Code Section 117-114 to Allow Indoor Commercial Recreation as a Conditional Use throughout the Entire B-1 General Business District and Create City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges and Place on Future City Council Agenda for Re-Introduction. While this option would also maintain the public input process via a public hearing for a conditional use permit, the Planning Commission was not supportive of it because of the greater densities and smaller lot sizes of residential properties around many of the other B-1 General Business District nodes. Due to these contrasts with the residential area surrounding the 167th Avenue/Trunk Highway 47 retail node, the Planning Commission did not necessarily see Indoor Commercial Recreation as a compatible use across all of the B-1 General Business District.  This alternative would require the City to invoke a sixty (60) day extension, which is lawful per Minnesota Statute 15.99.

Option #3: Direct Staff to Revise Ordinance #14-01 to Amend City Code Section 117-114 to Identify 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 and Place on Future City Council Agenda for Re-Introduction. 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 a proposed use would not be in conflict with the intent of the B-1 General Business District could be beneficial. However, if the City Council prefers Indoor Commercial Recreation to be listed as a Permitted Use, Staff would suggest that a standard be incorporated into the proposed City Code Section 117-363 (Indoor shooting range)requiring 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.  This alternative would require the City to invoke a sixty (60) day extension, which is lawful per Minnesota Statute 15.99.

Option #4: Do Not Adopt Ordinance #14-01 Amending City Code Section 117-114 to Identify Indoor Commercial Recreation as a Conditional Use in a Geographically Defined Area within the B-1 General Business District and to Create City Code Section 117-363 Establishing Performance Standards for Indoor Shooting Ranges. Allowing Indoor Commercial Recreation as a Conditional Use within a specific geographic area in a portion of the B-1 General Business District that has struggled for years would benefit this area. This is a more unique type of use that has the potential to reinvigorate this retail node and in turn, could benefit nearby businesses as well. 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.
 

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

The Planning Commission recommended approval of Ordinance #14-01 amending City Code Section 117-114 identifying Indoor Commercial Recreation as a Conditional Use in a geographically defined area within the B-1 General Business District and creating City Code Section 117-363 establishing performance standards for Indoor Shooting Ranges. (Alternative #1).

Motion to waive the City Charter requirement to read the ordinance aloud;

-AND-

Motion to adopt Ordinance #14-01 amending City Code Section 117-114 identifying Indoor Commercial Recreation as a Conditional Use in a geographically defined area within the B-1 General Business District and creating City Code Section 117-363 establishing performance standards for Indoor Shooting Ranges.

Roll Call Vote:
Councilmember Tossey
Councilmember Kuzma
Councilmember Johns
Councilmember Riley
Councilmember LeTourneau
Councilmember Backous
Mayor Strommen