DISCUSSION: Review New Information Related to Ordinance #14-01 (Indoor Commercial Recreation/Indoor Shooting Ranges Zoning Amendment) and Resolutions #14-01-005 & #14-01-006 (Request for a Conditional Use Permit at 6001 167th Ave NW)

As the Planning Commission will recall, a request for a Zoning Amendment and Conditional Use Permit related to a proposed indoor shooting range at 6001 167th Ave NW (the "Subject Property") was reviewed during Public Hearings at the January 9, 2014 Planning Commission meeting (both cases from the January 9, 2014 meeting are hereby incorporated by reference).  Please refer to the previous case for detailed information regarding the request. Generally speaking, the request for a Zoning Amendment sought to include Indoor Shooting Range as a conditional use in the B-1 General Business District and the request for a CUP was to operate an indoor shooting range at the Subject Property. 

At the time of the Public Hearings, several comments had been received, primarily supporting the requests. One communication received by City Staff was from an adjacent property owner who did not necessarily oppose the proposed use but expressed concern that it may impact one of his tenants, Little Me Child Care, and requested that the City attempt to contact this tenant to review the request in more detail. It was this request that prompted Staff to attempt to hand deliver notices to all tenants within this retail node, which was done on December 31, 2013. While the business owner was not present, the information regarding the Public Hearing and Open House were provided to a Little Me staff member and City Staff encouraged this individual to have the business owner contact the City to discuss the requests if there were any questions or concerns. It is also noted that the City hosted an additional Open House to provide an opportunity for interested individuals to discuss and comment in advance of the official Public Hearing.

On January 28th, 2014, the City Council introduced the ordinance that would allow Indoor Commercial Recreation as a conditional use within portions of the B-1 General Business District (the 167th Ave/Trunk Highway 47 retail node) as recommended by the Planning Commission.  That same evening, the City Council also approved the Conditional Use Permit to operate an indoor shooting range on the Subject Property contingent upon the aforementioned ordinance amendment officially becoming effective, as recommended by the Planning Commission.  That motion does not legally become effective until such time that the ordinance is adopted by the City Council and becomes effective during the 30-day publication period (counter-petition period). The City Council is scheduled to consider adoption of the ordinance at their February 11, 2014 meeting.

The Notice of Public Hearing for both requests 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-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 and the Open House via Standard US Mail (traditionally this is 350 feet).

On February 4, 2014, the City received written comments from the owner of Little Me Child Care regarding the operation of an indoor shooting range adjacent to this business and what impacts it may have.  Those comments are attached to this case and will be included with the case for consideration by City Council on February 11 as well.  These comments were not available at the time the Planning Commission considered these requests and thus were not part of the official record.  Staff wanted to ensure the Planning Commission was aware of the comments in advance of the City Council meeting on February 11, 2014.  While City Council has adopted Resolutions #14-01-005 & #14-01-006 granting contingent approval of the Conditional Use Permit, said contingent approval is not valid until such time that the ordinance amendment becomes effective (after 30 day publication period). Staff feels that the City is obligated to review and respond to the concern, as it was submitted during the official review process. 

While the intent of this case is to provide new information that was brought to the City's attention, the Planning Commission does have a couple of alternatives at its disposal. The Planning Commission is still able to make motions to forward recommendations to the City Council.
 

1. The Planning Commission can choose to take no further action, thereby retaining the original recommendation for approval.
2. The Planning Commission can choose to motion to modify its recommendation still in support, based on the new information provided on February 4, 2014 by Little Me Child Care.
3. The Planning Commission can choose to motion to modify its recommendation to recommend denial, based on the new information provided on February 4, 2014 by Little Me Child Care. In this instance, the Planning Commission should direct Staff to prepare revised Findings of Fact, based on all information that is now part of the review record.

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

Staff recommends that the Planning Commission accept into record the comments from Little Me Child Care Center and provide additional comments to the City Council as needed.

No specific action is needed.  Staff wanted to provide this new information to the Planning Commission and receive any feedback there may be that can be presented to the City Council at their February 11, 2014 meeting.