Agenda - Council - 01/28/2014 - Laserfiche WebLink

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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 adop1ftd 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. Funding Source: All costs associated with this request are the responsibility of the Applicant. Recommendation: 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. Action: 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 -and- 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 adoptecknd becoming effective. This motion and resolution would become null and void if Ordinance #14-01 does not become effective. Attachments Site Location Map Applicant Summary Additional Information from Applicant Proposed Layout Written Comments from Public Draft Planning Commission Meeting Minutes Dated January 9, 2014 Draft Findings of Fact Draft Conditional Use Permit