Agenda - Council - 02/11/2014 - Laserfiche WebLink

Home

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 NYdntinQent upon this ordinance amendment becoming effective (adopted, published and after thirty f301 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 Staffto 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 ofthe 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 Staffto 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 ofthe 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. Funding Source: All costs associated with this request are the responsibility of the Applicant. Recommendation: 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). Action: