Agenda - Planning Commission - 01/09/2014

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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. As with any proposed use, the indoor shooting range will need to comply with Chapter 30 (Nuisances) of City Code, including the 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 where it is generated. 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. There are at least seventy-one (71) parking stalls on the Subject Property, based on a review of aerial photographs. In 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 is excluded in the calculation as there would not be any persons within the shooting lanes themselves. A minimum of fifty (50) parking stalls must be maintained for the proposed use on the Subject Property, which does include the second bay, should it be constructed in the future. As of the writing of this case, Staff has received two comments on the proposed use (both of which are attached). 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 in close proximity 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). Staff did hand deliver a notice of the public hearing and open house to the child care center on December 31, 2013. Alternatives/Options Option # 1: Recommend approval of the 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 business 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, proposed use would be essentially in a building within a building, which should provide enhanced containment of both bullets and noise. Staff supports this option contingent upon the B-1 General Business district being amended to identify indoor commercial recreation as a conditional use. Option #2: After reviewing the proposed conditional use permit and receiving input from the public hearing, identify additional conditions and/or findings related to the request and direct Staff to either incorporate those revisions prior to presenting the information to City Council or bring the revised documents back for Planning Commission review at a subsequent meeting. Option #3: Recommend denial of the request. 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 does not support this option. Funding Source: All costs associated with this request are the responsibility of the Applicant. Recommendation: