REQUEST: GENERAL INFORMATION

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1 MEMORANDUM DATE: March 13, 2017 TO: FROM: RE: Chairperson Hvidsten, PC Commissioners, and Administrator Votca Cynthia Smith Strack, Community Development Director Item 4.2 Public Hearing: Ordinance Indoor Firing Ranges REQUEST: Hold Public Hearing and Consider Recommendation Ordinance GENERAL INFORMATION The Planning Commission is to hold a public hearing on Ordinance 17-02, An Ordinance Amending Section , Subd. 4; Section , Subd. 4; Section , Subd. 5; and Section , Subd. 3 Relating to Conditional Uses in Commercial and Industrial Zoning Districts and Amending Section , Subd. 5(B) Relating to Specific Use Standards for Granting of a Conditional Use Permit to Provide for Indoor Firing Ranges. At this time indoor firing ranges are not specifically provided for within the code, as such they are deemed prohibited. The Commission has reviewed zoning standards in communities with indoor firing ranges including: Chanhassen, Burnsville, and Robbinsdale, along with sample code language from the cities of Jordan and St. Joseph. Input from City staff at a department head meeting was also solicited. Ordinance 17-02, if approved, will provide for indoor firing ranges as principal or accessory uses under a CUP in the B-2 (Hwy Business), B-3 (Central Business), I-C (Industrial Commercial), and I-2 (General Industrial) districts. Proposed CUP criteria to be added to specific use standards under Section , Subd. 5(B) are illustrated in the draft Ordinance and related to health and safety. Chief Stolee has suggested the PC consider a potential additional criteria related to school/park safety zones (one block radius of such schools/parks) and perhaps limiting hours of operation (e.g. 7 a.m. to 10 p.m.). The City Council reviewed the draft ordinance at a work session on March 6 th and finds the language appropriate. ACTION The PC is to hold the public hearing. Following hearing and discussion, attached Resolution recommending action to the City Council pertaining to Ordinance is provided for consideration.

2 CITY OF BELLE PLAINE ORDINANCE AN ORDINANCE AMENDING SECTION , SUBD. 4; SECTION , SUBD. 4; SECTION , SUBD. 5; AND SECTION , SUBD. 3 RELATING TO CONDITIONAL USES IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS AND AMENDING SECTION , SUBD. 5(B) RELATING TO SPECIFIC USE STANDARDS FOR GRANTING OF A CONDITIONAL USE PERMIT TO PROVIDE FOR INDOOR FIRING RANGES THE CITY COUNCIL OF THE CITY OF BELLE PLAINE ORDAINS: Section 1. Section , SUBD. 4, relating to conditional uses in the B-2 Highway Commercial District is hereby amended by adding the following (additions in bold/underline): 14. Indoor firing range, as a principal or accessory use, subject to the standards Section 2. Section , SUBD. 4, relating to conditional uses in the B-3 Central Business District is hereby amended by adding the following (additions in bold/underline): 8. Indoor firing range, as a principal or accessory use, subject to the standards Section 3. Section , SUBD. 5, relating to conditional uses in the I-2 General Industrial District is hereby amended by adding the following (additions in bold/underline): 9. Indoor firing range, as a principal or accessory use, subject to the standards Section 4. Section , SUBD. 3, relating to conditional uses in the I-C Industrial Commercial District is hereby amended by adding the following (additions in bold/underline): 26. Indoor firing range, as a principal or accessory use, subject to the standards Section 5. Section , SUBD. 5(B), relating to specific use standards for granting conditional use permits is hereby amended by adding the following (additions in bold/underline):

3 9. Indoor firing range, as a principal or accessory use, subject to the following: a) The firing range shall not be located on any lot adjacent to an existing residential district, unless separated by a public right-of-way or alley. b) The use, occupancy, and construction of the building shall conform to the International Building Code. c) The building and method of operation shall comply applicable state and federal regulations. d) The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency, Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere, indoor sound levels, lead containment and outside noise standards. e) The design and construction of the firing range shall completely confine all ammunition rounds within the building and in a controlled manner. The design and construction of the firing range shall be certified by a registered engineer in the State of Minnesota. The certified plans shall include the specifications and construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state what type and caliber of ammunition the range is designed to totally confine. f) No ammunition shall be used in the range that exceeds the certified design and construction specifications of the firing range. g) Firearms stored on the premises when the range is closed for business shall be stored in an acceptable gun safe or other secure locking device. h) On-site supervision is required at all times by an adult who is an experienced range operator. The range operator shall be responsible for the conduct of their place of business and the conditions of safety and order in the place of business and on the premises. i) On-site instruction shall be given only by firearms instructors certified within the prior five years by an organization or government entity that has been approved by the Minnesota Department of Public Safety. Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and available for public inspection. j) Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult instructor. k) In multi-tenant buildings, the firing range shall be soundproofed to prevent the sound from being heard by persons in adjoining units. Section 6. This Ordinance shall become effective upon publication in the official newspaper of the City. Passed and duly adopted by the City Council of the City of Belle Plaine this day of, Page 2

4 BY: Christopher G. Meyer, Mayor ATTEST: Michael J. Votca, City Administrator Published in the Herald on, Page 3

5 BELLE PLAINE PLANNING COMMISSION RESOLUTION PZ RECOMMENDING APPROVAL OF ORDINANCE 17-02, AN ORDINANCE AMENDING SECTION , SUBD. 4; SECTION , SUBD. 4; SECTION , SUBD. 5; AND SECTION , SUBD. 3 RELATING TO CONDITIONAL USES IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS AND AMENDING SECTION , SUBD. 5(B) RELATING TO SPECIFIC USE STANDARDS FOR GRANTING OF A CONDITIONAL USE PERMIT TO PROVIDE FOR INDOOR FIRING RANGES WHEREAS, the Planning Commission from time to time reviews existing code standards to ensure consistency with current laws and to promote clarity and ease of use; and, WHEREAS, the Planning Commission initiated discussion of indoor firing ranges as regulated under Section 11 of the City Code; and, WHEREAS, the Planning Commission researched indoor firing ranges in other communities, studied language from other City codes, consulted City Department Heads, and drafted a code revision; and, WHEREAS, the Planning Commission conducted a public hearing on March 13, 2017 following duly published notice to accept public comment on proposed Ordinance 17-02, An Ordinance Amending Section , Subd. 4; Section , Subd. 4; Section , Subd. 5; and Section , Subd. 3 Relating to Conditional Uses in Commercial and Industrial Zoning Districts and Amending Section , Subd. 5(B) Relating to Specific Use Standards for Granting of a Conditional Use Permit to Provide for Indoor Firing Ranges; and, WHEREAS, the Planning Commission following the public hearing discussed Ordinance NOW, THEREFORE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF BELLE PLAINE, SCOTT COUNTY, MINNESOTA, THAT: It recommends approval of Ordinance 17-02, An Ordinance Amending Section , Subd. 4; Section , Subd. 4; Section , Subd. 5; and Section , Subd. 3 Relating to Conditional Uses in Commercial and Industrial Zoning Districts and Amending Section , Subd. 5(B) Relating to Specific Use Standards for Granting of a Conditional Use Permit to Provide for Indoor Firing Ranges. The adoption of the foregoing resolution was duly moved by Commissioner, and seconded by Commissioner, and after full discussion thereof and upon a vote being taken thereon, the following Commissioners voted in favor thereof:. and the following voted against the same:. Whereupon said resolution was declared duly passed and adopted. Dated this 13 th day of March, Nathaniel Hvidsten Chairperson Cynthia Smith Strack Community Development Director