shooting range appeal public hearing

CITY COUNCIL

MEETING DATE: August 18, 2015 CASE NO.: 2015-15 Planning Commission: July 8, 2015 APPLICANT: Paul Simonet, property owner, representing MN Shooting

Academy REQUEST: Request for a Special Use Permit and associated Variances for an

Amusement and Recreational Establishment to be located in the existing structure located at 2159 Curve Crest Boulevard

ZONING: BP-O: Business Park - Office COMP PLAN DISTRICT: Commercial PREPARED BY: Abbi Jo Wittman, City Planner BACKGROUND At the July 8 Planning Commission meeting, the Commission held a public hearing regarding a request made by Paul Simonet, representing MN Shooting Academy, for a Special Use Permit (SUP) for an indoor target practice range to be located at 2159 Curve Crest Boulevard. In addition to the specially-permitted use, MN Shooting Academy is proposing retail sales, a lounge and vending area, warehousing space as well as space for administrative offices. In order to grant the SUP, certain variances were being requested as well. During the hearing the Commission took public testimony from the applicant, MN Shooting Academy representatives and members of the public; a copy of the Commission’s minutes are attached for the Council’s review. After the public hearing the Commission discussed the unique and special character of this proposed use and the associated variances. The Commission’s discussion including making the findings practical difficulty existed for the variance to increase by 4,040 square feet the Amusement and Recreational Establishment portion of the structure. The Commission could not make positive findings to support the requested off-street parking variance or the impervious surface coverage variance, as other reasonable alternatives exist.

The Commission determined the proposed gun range use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and

Council 8/18/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard of 10

other lawful regulations; they added condition necessary to protect the public interest; and with the conditions, believe the use will not constitute a nuisance or be detrimental to the public welfare of the community. In a 5-3-1 vote, with Commissioners Fletcher, Middleton and Siess voting nay, the Commission approved the Special Use Permit and 4,040 square foot variance to the Amusement and Recreational Establishment standards. Commission Kelly abstained due to a conflict of interest.

APPEAL

Within ten days of the Commission’s decision, the City received two appeal letters from Melissa Douglas and Ann Kocksiek. A copy of those letters as well as the City Code1 pertaining to appeals is attached for your review.

Ms. Douglas indicates a shooting range is not an allowed use in the zoning district and that the Commission’s approval therefore constitutes a use variance, which the City Code does not allow. She further states the approval of this use permit would significantly limit local zoning authority over the shooting range, citing MN State Statute 87A and the National Rifle Association’s (NRA) Range Source Book. Lastly she indicated the required use and variance findings cannot be made for the request. City staff has obtained the NRA Range Source Book and City Attorney Magnuson has drafted a memo addressing Ms. Douglas’s concerns; he letter is attached for the Council’s review.

Ms. Kochsiek encourages the City to consider a sound study of the proposed use, specifically the air exchange system. Additionally she questions the impact of the use to the traffic at Washington Avenue and Curve Crest Boulevard. Lastly she has indicated no classroom use has been proposed for the site. The letter indicates the City should converse with other municipalities who have approved similar uses.

APPLICATION REVISION AND PUBLIC COMMENT

As an appeal is made, the Council must hold a de novo public hearing meaning the application is reviewed as a brand new application. The public hearing was advertised in the Stillwater Gazette on August 7, 2015. Additionally, all property owners within 350’ were noticed of the date and time of the hearing.

The applicant has submitted a revised plan set that includes the following:

795 square feet of classroom space has been added. This was created with the reduction of interior warehousing spaces.

1 City Code Section 31-217


A total of 14 firing lanes has been proposed instead of the previous 12. However, the square footage of the area to be used for the firing lanes is no larger than that proposed for the original 12 lanes.

The reconfiguration of the interior spaces necessitates a total of 84 parking spaces. However, only 49 parking spaces are being met onsite.

o Consequently, the applicant’s proof of parking area proposed is located within a greenspace area. The increased off-street parking developed on this site would increase the impervious surface coverage variance.

Public comment has been received by Anne Siess. Ms. Siess suggests the City Council consider the development of an ordinance specifically addressing the use and sale of guns within Stillwater. She has included a gun range ordinance from the City of Chanhassen, Minnesota, for the Council’s reference.

SPECIFIC REQUEST

The applicant is requesting a Special Use Permit for an Amusement and Recreational Establishment for an indoor target practice range, with accessory uses to include retail sales, a lounge and vending area, classroom and warehousing space as well as space for administrative offices. Educational classrooms as well as the Amusement and Recreational Establishment are uses that are permitted by Special Use Permit. The other proposed uses of the proeprty are uses permitted by right. The request necessitates the following variances:

1. A 4,040 square foot variance to City Code Section 31-515.1.1 that permits an Amusement and Recreational Establishment to occupy no more than 3,000 square feet, whereas the proposed firing lanes area is 7,040 square feet; and

2. A 35 off-street parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required which requires the facility to have 84 spaces, but only provides 49 spaces and

3. A 19% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c), since the total lot coverage would be 79% and only 60% is allowed.

APPLICABLE REGULATIONS AND REGULATIONS Section 31-325 indicates Amusement and Recreational Establishments (including other social, sport or recreational centers) and Educational Institutions in the Business Park – Office District require a Special Use Permit. The Code further indicates the use must conform to the provisions found in Section 31-515.1:

1. The establishment may occupy no more than 3,000 square feet.


2. (The establishment must operate in compliance with the noise standards as specified in City Code Chapter 38, Section 38-3.

(a) The establishment shall be considered a "commercial" use pursuant to City Code Chapter 38, Section 38-3, Subdivision 4.

(b) Not only shall the establishment meet the specified noise standards at its respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building.

3. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will, under normal operating conditions, meet the noise standards specified in City Code Chapter 38, Section 38-3.

4. The amusement or recreational activities offered by the establishment must operate exclusively indoors.

5. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation.

Section 31-208, Variances, indicates the Planning Commission may grant variances, but only when all of the following conditions are found:

1. The variance is in harmony with the general purposes and intent of this chapter.

o The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of Section 31-325 limitations to the maximum size of

the establishment is to help ensure the development of the office park into office space.

The purpose of Section 31-510 is to ensure that a property provides sufficient on-site parking spaces to accommodate its needs and not create a burden on the neighborhood through on-street parking.

The purpose of Section 31-320(c) is to ensure adequate drainage is met onsite and open space area is preserved.

o The general purpose and intent of the Zoning Code may be met if certain conditions of approval are met.

2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan.

3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. “Practical difficulties,” as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a

use permitted in the zone where the land is located, but the proposal is not permitted by other official controls; the use of the property for a


Amusement and Recreational Establishment, with appropriate parking and onsite infiltration, is reasonable.

The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The unique circumstance of the property are the boundaries of the property, the size of the existing structure on the property and the existing parking and drive areas.

a. The proposed 4,040 square foot variance for the Amusement and Recreational Establishment helps support the business’s desire to have a portion of the 14 lanes dedicated to be reserved for community service endeavors. The uniqueness exists in this large space can accommodate for the increase Establishment area, providing a service to local law enforcement practice and community safety education, wholly within the existing structure’s footprint.

b. The property owner is not able to create additional parking next to this existing parking and drive area without a reduction in open space and infringement on the neighboring properties. The property’s current improvements already provide less open space than the Code requires for office park development. Adding parking spaces would reduce that even further.

The variance, if granted, will not alter the essential character of the locality. The essential character of the neighborhood will not be altered with the additional 4,040 square feet of Establishment space, as the entire Amusement and Recreational Establishment is wholly located within the building. Also, if the additional parking area is developed in a fashion where drainage may occur onsite, the essential character of the locality will not be affected.

Section 31-208 further indicates:

Economic considerations alone do not constitute practical difficulties. A previous variance must not be considered to have set a precedent for the

granting of further variances. Each case must be considered on its merits. Section 31-207 establishes the review standards for Special Use Permits: The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The proposed use is allowed within the subject zoning district, if it is found compatible with surrounding uses. In review of the request with City staff, the following item was determined to be an item of concern:

Parking: The property currently contains 49 parking spaces but is required to meet 84 parking spaces onsite. The applicant has shown proof of parking for an


additional 36 spaces. However, the installation of this parking would necessitate a variance to the maximum impervious surface coverage requirement.

o As there is no off-street parking in this area, the installation of 35 parking spaces should be required. If installed with a permeable surfacing material, the need for a variance to the impervious surface coverage would not be necessary.

Impervious Surface Coverage and Drainage: The applicant is not proposing to

change the landscaping, impervious surface coverage or drainage to the site. However, if the applicant was to increase the parking area with a material that would allow for infiltration, the surface coverage would necessitate a variance.

o To offset the increase in impervious surface coverage, City Engineering Department staff indicated the new parking area could be constructed with permeable asphalt. This would maintain the required impervious surface coverage, allowing for all parking to be met onsite and no variance would be required for the parking. Maintenance of the permeable asphalt would be required.

Noise: As indicated in the code, the specified noise standards must be met at its

respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. While no specifications sheet for the exact construction has been submitted, the proposed indoor range will be a vendor-designed system that is constructed by Action Target. The system will include wall and ceiling baffles (which will include acoustics within them), sound abatement within the firing area to reduce echo as well as a ballistic trap to catch the bullets.

o The applicant has submitted sound inspection test records from Action Target designed and constructed facilities. As submitted, those facilities demonstrate the dBA levels, at the time a shot was fired, would be less than the City of Stillwater’s maximum decibels of 70 dBA during the day. Furthermore, the dBA rating inside the gun shop (outside of the firing area) was also less than the maximum decibel levels allowed by City Code.


o According to the NRA Range Source Book, the following address acceptable, discretionary and unacceptable noise levels:

o With this in mind, the acceptable noise level, of 65 dB(A), is in conformance with the City’s noise standards.

o State Statute 87A indicated “[a]llowable noise levels for the operation of a shooting range are the levels determined by replacing the steady state noise L10 and L50 state standards for each period of time within each noise area's classification with a single standard for impulsive noise that is two dB(A)lower than that of the L10 level for steady state noise.” Minnesota Rules, parts 7030.0010 to 7030.0080, are also attached for Council’s review. City staff has reached out to the MPCA’s Noise Program staff for

determination of an indoor firing range classification and noise level allowances.


Exterior changes: Section 31-319 of the Stillwater City Code requires that the Heritage Preservation Commission (HPC) conduct a design review on exterior changes, signage and waste receptacle. The applicant is aware exterior changes to the structure, including new exterior signage, will be required to obtain a Design Permit prior to the issuance of applicable Sign Permits.

Comprehensive Plan Chapter 7, Local Economy, indicates a program to “encourage a mix of employment…and retail and service activities in the West Business Park area.” The proposed uses are not contradictory to the Comprehensive Plan. This use is consistent with the Future Land Use Map identifying this property as having commercial use in 2030. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community. The proposed Amusement and Recreational Establishment will not be nuisance or be detrimental to the public welfare of the community if conditions addressing the concerns, above, are met. ALTERNATIVES AND RECOMMENDATION The Council has the following options:

1. Variances a. Make findings practical difficulty has been established and approve, with

or without conditions: a 4,040 square foot variances to City Code Section 31-515.1.1 provision the Amusement and Recreational Establishment; a 26 parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required; and an 19% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c).

a. Make findings practical difficulty has not been established and determine any or all of the proposed variances and deny the variance(s).

2. Special Use Permit a. Make findings the proposed use conforms to the provisions for issuance of

a Special Use permit and approve the Special Use Permit with or without conditions. If the Commission would like to approve the Case No. 2015-15 with conditions, staff would recommend the following:

i. No greater than 14 firing lanes shall be permitted. Five of the firing lanes shall be made available for rental to community service personnel and community education activities.


ii. The Amusement and Recreational Establishment portion of the building shall not be in operation between the hours of 10:00 pm and 7:00 am.

iii. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation.

iv. Soundproofing specifications shall be submitted with the building permit application.

v. The Establishment shall install appropriate and sufficient soundproofing to be in compliance with City Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment, including but not limited to the sound produced from air handling and mechanical equipment.

vi. A total of 35 additional parking spaces shall be created onsite. A permeable surface parking area and suitable base found satisfactory to the City Engineer shall be utilized for all new parking and drive areas.

vii. A grading plan shall be reviewed by the City Engineering Department and a Brown’s Creek Watershed District permit shall be obtained prior to the installation of the additional parking spaces.

viii. Upon the sale to MN Shooting Academy and prior to the release of necessary building permits, a 15’ trail easement shall be dedicated to the City of Stillwater along the eastern property boundary for future trail connection between Curve Crest Boulevard and Highway 36.

ix. Conditions of a HPC issued Design Permit shall be incorporated into this Special Use Permit by reference.

x. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit.

xi. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval.

b. Determine that the proposed commercial Amusement and Recreational Establishment is not consistent with the Special Use Permit provisions or the Comprehensive Plan and deny the Special Use Permit.

c. Table the application requesting more information be brought back before the Council at their September 1, 2015 meeting.

FINDINGS AND RECOMMENDATION


The applicant has demonstrated that, if certain conditions are met, the proposed use conforms to the requirements and the intent of the zoning code, the comprehensive plan, relevant area plans and other lawful regulations and that the use will not constitute a nuisance or be detrimental to the public welfare of the community. Furthermore, the unique size of the building allows for a greater than 3,000 square foot Amusement and Recreational Establishment to be located wholly within the existing building, a 4,040 square foot variance to the maximum Amusement and Recreational Establishment size is reasonable and provided the use, and all associated uses including mechanical equipment, complies with all noise regulations in effect, practical difficulty has been established. Therefore, staff would recommend approval of a Special Use Permit for a 7,040 square foot indoor firing range, an Amusement and Recreational Establishment, with associated classroom spaces to be used for an educational institution should be granted approval. The applicant has not demonstrated practical difficulty exists for the 35 off-street parking stall variance nor the 19% impervious surface coverage variance as other reasonable alternatives exist. Therefore, staff recommends denial of these two variances. ATTACHMENTS Memorandum, City Attorney Magnuson Appeal Information City Code Section 31-217

Appeal Letter and Attachment, Melissa Douglas Appeal Letter, Ann Kocksiek

Applicant Revised Plan set (3 pages) Public Comment, Anne Siess MPCA Noise Pollution Control Planning Commission July 8, 2015, Minutes Planning Commission staff report Site Location Map Original Application Submission

Narrative Request (2 pages) Plan set (3 pages) Ballistic Walls and Baffles Specifications (5 pages) Noise Exposure Assessment & Abatement Strategies Narrative (1 page) Safety Baffle Cutsheet (2 pages) Wall Baffle Cutsheet (2 pages) Action Target Sound Inspection Reports (3 pages)

MagnusonLawFirm

Licensed in Minnesota and Wisconsin

The Grand Garage

324 Main Street South • Suite #1260 • Stillwater,MN 55082-5165Telephone: (651)439-9464 • Facsimile: (651)439-5641

www.MagnusonLawFirm.com

David T. [email protected]

MEMORANDUM

TO: Mayor, City Council, and Staff

FROM: David T. Magnuson

DATE: August 5,2015

RE: Shooting Range Zoning Appeal

Amanda K. [email protected]

The Appeal filed by Melisa Douglas alleges it would violate State Law and our City Code that to grant aSpecial Use Permit for an indoor shooting range in the BP-0 Zoning District because indoor shootingranges are not an allowed or permitted Use in the BP-O Zoning District. The allegation is that a "use"variance cannot be granted. The appeal would be well founded, except for a special provision in the CityCode found at Sec. 31-515.1.

"Sec. 31-515.1. Amusement and recreational establishments in the BP-O District.

The City of Stillwater finds that "amusement and recreational establishments" (such asarmories, assembly halls. Bowling alleys, dance halls, pools and billiard parlors, skatingrinks and other social, sport or recreational centers) are uses that under certaincircumstances fit compatibly with other uses in the BP-O, Business Park Office ZoningDistrict. Consequently, such uses shall be allowed by Special Use Permit " and2(a) of that Section mandates that the establishment "shall" be a commercial use for thepurpose ofnoise control.

The listing of uses in this Section is not intended to limit the uses permitted by Special Use Permit.Instead, the list is illustrative ofa type of use. It is amusement and recreational establishments that arepermitted by SUP and the ordinance provides examples of the uses with the introductory clause that uses"such as" those on the list are also permitted {emphasis added).

Similarly, Sec. 31-101 Sub. 30 ofour City Code defines "Commercial Recreation" to include bowlingalleys, skating rinks, dancehalls, pool halls, the same uses illustrated by Section 31-515.1. Sec. 31.101Sub. 30 also notes that the list is illustrative and not limiting, by the phrase that included in the list are"tavern, theater, firearm ranee and similar uses" {emphasis added).

Therefore, since a shooting range is a commercial amusement and recreational use, it can be permitted bySpecial Use Permit in the BP-O Zoning District.

August 5, 2015Memo re: Shooting Range Zoning Appeal

The Code goes on the establish certain standards for these uses, but what is important for this analysis isthat the proposed use is allowed as a Special Use in the BP-0 Zoning District. Therefore, it is legallypermitted to consider variances associated with square footage, parking requirements and impervious lotcoverage requirements, the variances requested in this application.

Further, Courts will examine the denial of a Special Use Permit more closely than the denial of avariance, because a Special Use is one permitted by the Ordinance and the issue is simply whether thestandards have been met. A variance may be granted only under a 5 part test established by the 2011State Legislation. A variance may, but is not required to be granted when an applicant has "practicaldifficulties'' with the regulations. Practical difficulties means: property owners propose to use theproperty in a reasonable manner not permitted by the ordinance, the problem is due to circumstancesunique to the property and not created by the landowners, and the variance will not alter the essentialcharacter of the locality. Lastly, the variance must be consistent with the Comprehensive Plan and be inharmony with the purpose and intent of the Zoning Ordinance.

Finally, the Appeal cites a state law that grants certain rights to shooting ranges once they arclawfully established and operated pursuant to the November 1999 revised addition of the National RifleAssociation Ranue Source Book: A Guide to Planning and Construction. While it is true that this law,enacted in Minnesota in 2005, grants certain protection to shooting ranges, the law does not control theprocess for granting a zoning permit for the use nor should it be a basis, standing alone, for denial.

Respectfully Submitted,

David T. MagnusonStillwater City Attorn

Stillwater, MN Code of Ordinances about:blank

1 of 1 7/20/2015 3:09 PM

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1 MINNESOTA STATUTES 2014 87A.03

Copyright © 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

CHAPTER 87ASHOOTING RANGES

87A.01 DEFINITIONS.

87A.02 SHOOTING RANGE PERFORMANCESTANDARDS; BEST PRACTICES.

87A.03 COMPLIANT RANGES; AUTHORIZEDACTIVITIES.

87A.04 MITIGATION AREA.

87A.05 NOISE STANDARDS.

87A.06 NUISANCE ACTIONS; COMPLIANCEWITH SHOOTING RANGE PERFORMANCESTANDARDS.

87A.07 CLOSURE OF SHOOTING RANGES.

87A.08 APPLICABILITY OF OTHER LAWS.

87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY.

87A.10 TRAP SHOOTING SPORTS FACILITY GRANTS.

87A.001 MS 2006 [Renumbered 15.001]

87A.01 DEFINITIONS.

Subdivision 1. Applicability. The definitions in this section apply to sections 87A.01 to 87A.08.

Subd. 2. Person. "Person" means an individual, association, proprietorship, partnership, corporation,club, political subdivision, or other legal entity.

Subd. 3. Shooting range or range. "Shooting range" or "range" means an area or facility designatedor operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, andincludes shooting preserves as described in section 97A.115 or any other Minnesota law.

Subd. 4. Shooting range performance standards. "Shooting range performance standards" means thebest practices for shooting range performance standards identified in section 87A.02.

Subd. 5. Local unit of government. "Local unit of government" means a home rule charter or statutorycity, county, town, or other political subdivision.

History: 2005 c 105 s 1; 2012 c 277 art 1 s 16

87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES.

Subdivision 1. [Repealed, 2012 c 277 art 1 s 91]

Subd. 2. Best practices. For purposes of this chapter, the November 1999 revised edition of the NationalRifle Association's Range Source Book: A Guide to Planning and Construction shall serve as best practicesfor shooting range performance standards.

History: 2005 c 105 s 2; 2012 c 277 art 1 s 17

87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES.

Subdivision 1. Authorized activities. A shooting range that operates in compliance with the shootingrange performance standards must be permitted to do all of the following within its geographic boundaries,under the same or different ownership or occupancy, if done in accordance with shooting range performancestandards:

(1) operate the range and conduct activities involving the discharge of firearms;

87A.03 MINNESOTA STATUTES 2014 2


(2) expand or increase its membership or opportunities for public participation related to the primaryactivity as a shooting range;

(3) make those repairs or improvements desirable to meet or exceed requirements of shooting rangeperformance standards;

(4) increase events and activities related to the primary activity as a shooting range;

(5) conduct shooting activities and discharge firearms daily between 7:00 a.m. and 10:00 p.m. A localunit of government with zoning jurisdiction over a shooting range may extend the hours of operation by theissuance of a special or conditional use permit; and

(6) acquire additional lands to be used for buffer zones or noise mitigation efforts or to otherwise complywith this chapter.

Subd. 2. Nonconforming use. A shooting range that is a nonconforming use shall be allowed to conductadditional shooting activities within the range's lawful property boundaries as of the date the range becamea nonconforming use, provided the shooting range remains in compliance with noise and shooting rangeperformance standards under this chapter.

Subd. 3. Compliance with other law. Nothing in this section exempts any newly constructed orremodeled building on a shooting range from compliance with fire safety, disability accessibility, elevatorsafety, bleacher safety, or other provisions of the State Building Code that have mandatory statewide ap-plication.

History: 2005 c 56 s 1; 2005 c 105 s 3

87A.04 MITIGATION AREA.

(a) Except for those uses, developments, and structures in existence or for which approval has beengranted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or con-struction of a structure shall be approved for any portion of property within 750 feet of the perimeter propertyline of an outdoor shooting range if the change in use, development, or construction would cause an outdoorshooting range in compliance with this chapter to become out of compliance.

(b) A change in use, new development, or construction of a structure subject to this section may beapproved if the person seeking the approval or, at the discretion of the governing body, the approvingauthority agrees to provide any mitigation required to keep the range in compliance with this chapter.The person requesting an approval subject to this section is responsible for providing documentation if nomitigation is required under this section. Failure to provide the documentation or any mitigation requiredunder this section exempts the range from being found out of compliance with the shooting range per-formance and noise standards of this chapter with regard to the property responsible for the mitigation ifthe failure to provide the documentation or required mitigation is the sole basis for the range being out ofcompliance with the shooting range performance standards. Any action brought by the owner of the propertyagainst the range is subject to section 87A.06. With the permission of the range operator, any mitigationrequired under this section may be provided on the range property.

History: 2005 c 105 s 4

3 MINNESOTA STATUTES 2014 87A.08


87A.05 NOISE STANDARDS.

Allowable noise levels for the operation of a shooting range are the levels determined by replacing thesteady state noise L10 and L50 state standards for each period of time within each noise area's classificationwith a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level forsteady state noise. The noise level shall be measured outside of the range property at the location of thereceiver's activity according to Minnesota Rules, parts 7030.0010 to 7030.0080, as in effect on May 28,2005. For purposes of this section, "Leq(h)" means the energy level that is equivalent to a steady state levelthat contains the same amount of sound energy as the time varying sound level for a 60-minute time period.

History: 2005 c 105 s 5

87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCESTANDARDS.

A person who owns, operates, or uses a shooting range in this state that is in compliance with shootingrange performance standards is not subject to any nuisance action for damages or equitable relief based onnoise or other matters regulated by the shooting range performance standards. This section does not prohibitother actions.

History: 2005 c 105 s 6

87A.07 CLOSURE OF SHOOTING RANGES.

Subdivision 1. Closure. Except as otherwise provided in sections 87A.01 to 87A.08, a shooting rangethat is in compliance with shooting range performance standards and the requirements of sections 87A.01to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primaryuse of the shooting range unless the range or activity is found to be a clear and immediate safety hazardby a court of competent jurisdiction. In any action brought to compel the permanent closure of any rangein compliance with shooting range performance standards and this chapter, or to permanently cease anyactivity related to the primary use of the shooting range, there is a rebuttable presumption that the range oractivity is not a clear and immediate safety hazard. If the shooting range provides evidence that the causeof a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not orderthe permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediatesafety hazard, unless the range operator fails to implement the necessary mitigation to remove the safetyhazard by the date that is determined reasonable by the court.

Subd. 2. Preliminary injunctions. Nothing in this section prohibits a court from granting a preliminaryinjunction against any activity determined to be a probable clear and immediate safety hazard, or againstany individual determined to be the probable cause of an alleged clear and immediate safety hazard, pendingthe final determination of the existence of the safety hazard.

Subd. 3. Permanent injunctions. A court may grant a permanent injunction only against a particularactivity or person instead of permanently closing the range unless the court finds that the remaining op-erations also pose a safety hazard under this section.

History: 2005 c 105 s 7

87A.08 APPLICABILITY OF OTHER LAWS.

Subdivision 1. Public safety laws; zoning. (a) Nothing in this chapter prohibits enforcement of anyfederal law. To the extent consistent with this chapter, other state laws regarding the health, safety, and

87A.08 MINNESOTA STATUTES 2014 4


welfare of the public may be enforced. To the extent consistent with this chapter, a local unit of governmentwith zoning authority jurisdiction over a shooting range may enforce its applicable ordinances and permits.Nothing in this chapter shall supersede more restrictive regulation of days and hours of operation imposedby the terms and conditions of ordinances and permits that are in effect on May 28, 2005.

(b) If the operator of the shooting range shows evidence that the range can be brought into compliancewith the applicable state law, local ordinance, or permit, the range may not be permanently closed unless therange operator fails to bring the range into compliance with the applicable law, ordinance, or permit underthis section by the date that the court determines reasonable. Nothing in this section prohibits a court fromgranting a preliminary injunction against any activity determined to be a violation of a law, ordinance, orpermit under this section or against any individual determined to be causing an alleged violation, pendingthe final determination of the existence of the violation.

Subd. 2. Permanent injunctions. A court may grant a permanent injunction only against a particularactivity or person instead of permanently closing the range unless the court finds that the remaining op-erations also create a violation under this section.

History: 2005 c 105 s 8

87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY.

(a) A publicly owned or managed shooting range located in the seven-county metropolitan area thatis funded in whole or part with public funds must be available at least twice during the spring and twiceduring the summer for use by participants in a Minnesota Department of Natural Resources firearms safetyinstruction course under section 97B.015. The shooting range must be available during hours reasonablefor youth participants. The range operator may charge a fee to cover any costs directly incurred from userequired under this section, but may not charge a fee to offset costs for general maintenance and operationof the facility.

(b) This section does not apply to cities of the first class or a shooting range located on the same premisesas a correctional or detention facility that holds or incarcerates offenders.

History: 2012 c 277 art 1 s 18

87A.10 TRAP SHOOTING SPORTS FACILITY GRANTS.

The commissioner of natural resources shall administer a program to provide cost-share grants to localrecreational shooting clubs for up to 50 percent of the costs of developing or rehabilitating trap shootingsports facilities for public use. A facility rehabilitated or developed with a grant under this section must beopen to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissionershall give preference to projects that will provide the most opportunities for youth.

History: 2014 c 290 s 13; 2014 c 312 art 13 s 18

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ST

ALLS

GREEN SPACE PRELIMINARY CALCULATION:100,877 SF SITE 21,236 SF GREEN (21%) WITH INCREASED PARKING

44' - 6

"

93' - 2"

30' - 1

1"

115' - 2"

67' - 1"

13

RETAIL SPACE 7,500 SQ.FT. 1 PARKING STALLS PER 200 = 38

LOUNGE VENDING 740 SQ.FT. 1 PARKING STALLS PER 200 = 4'B' OCCUPANCY

GUN RANGE 7,040 SQ.FT. 14 SHOOTERS AND 6 INSTRUCTORS = 20

WAREHOUSE / STORAGE 5,383 SQ.FT. 1 PARKING STALLS PER 1000 = 6

EMPLOYEES ONLY 1,924 SQ.FT. 8 EMPLOYEES

TOTAL PARKING STALLS REQUIRED = 84

CLASSROOM 795 SQ.FT. 3 PARKING STALLS PER CLASSROOM + 1 PER / INSTRUCTOR = 8

Project No :

I hereby certify that this plan,specification, or report was prepared by

me or under my direct supervision, and

that I am a duly Licensed Architect

under the laws of the State of

Sheet Information

Drawn By :

Checked By :

Date :

Drawing No :

C 2015 ARCHNET, Inc.

Registration Information

Printed Name

MICHAEL F. DIEM

Signature

DATE License #

Revisions

Item Date

2159 Curve Crest

Boulevard, Stillwater, MN

Sheet Size : 24" x 36"

REV.11 8-11-15

TO

TITLE SHEET

15-111

MN SHOOTINGACADEMY

8-11-15

CAL

RT

16844

Minnesota

8-11-15

MN SHOOTING ACADEMY2159 Curve Crest Boulevard, Stillwater, MN

PROJECTDIRECTORY

ARCHITECTARCHNET INC.333 NORTH MAIN STREET SUITE 201STILLWATER, MN 55082

CONTACT: MICHAEL F. DIEMPHONE: 651-430-0606CELL: 651-271-7289FAX: 651-430-2414EMAIL: [email protected]

STRUCTURAL ENGINEER

DRAWING INDEX

LOCATION MAP

SITE

OWNER

XXXXXXXXX

CONTACT: XXXPHONE: XXXCELL: XXXEMAIL: XXX

SHEET# SHEET NAMEGENERAL

TO TITLE SHEET

ARCHITECTURAL

D1 DEMO PLANA1.0 FLOOR PLAN & SCHEDULES

STRUCTURAL

XXX XXX

CONTRACTOR:XXXXXXXXX

CONTACT: XXXPHONE: XXXCELL: XXXFAX: XXXEMAIL: XXX

DUFFY ENGINEERING350 HIGHWAY 10 SOUTHST. CLOUD, MINNESOTA 56304

CONTACT: RYAN SEAVERTO: (320) 259-6575F: (320) 259-6991EMAIL: [email protected]: DUFFYENG.COM

CODE DATA

GENERAL NOTES1. IF ANY DISCREPANCIES EXIST BETWEEN ARCHITECTURAL, STRUCTURAL OR CIVIL DRAWINGS, CONSULT WITH ARCHITECT BEFORE COMMENCING WITH CONSTRUCTION.2. DO NOT SCALE DRAWINGS, IF ADDITIONAL DIMENSIONS ARE REQUIRED CONTACT ARCHITECT.3. GENERAL CONTRACTOR TO SUPPLY A FULL SET OF PLANS TO THE SUBS & SHOP SUPPLIERS.4. GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO FIELD VERIFY ALL EXISTING CONDITIONS & DIMENSIONS PRIOR TO COMMENCING WITH WORK AND TO NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES.5. GENERAL CONTRACTOR SHALL VERIFY AND INSURE ALL UTILITIES ARE LOCATED IN FIELD AND COORDINATE AS NECESSARY WITH NEW WORK.6. GENERAL CONTRACTOR AND ALL SUB-CONTRACTORS SHALL PERFORM WORK IN CONFORMANCE WITH ALL APPLICABLE BUILDING CODES AND LAWS.7. NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN SPECIFICATIONS, PLANS AND NOTES. CONTRACTOR SHALL BE HELD TO COMPLY WITH THE MORE STRINGENT REQUIREMENTS.8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIREPROTECTION, AND STRUCTURE CONSTRUCTION AND SHALL COMPLY WITH ALL APPLICABLE CODES AS INDICATED.9. REQUIRED MEANS OF EGRESS AND SECURITY TO SPACE SHALL BE MAINTAINED DURING CONSTRUCTION.10. GENERAL CONTRACTOR TO NOTE CONSTRUCTION TIME LINE OF PROJECT AND THAT CONSTRUCTION MAY START IN WINTER. GENERAL CONTRACTOR SHOULD PLAN ACCORDINGLY FOR WINTER CONDITIONS.11. GENERAL CONTRACTOR SHALL COORDINATE & INSTALL ALL NECESSARY BLOCKING, SHIMS & BACKING FOR FIXTURES, EQUIPMENT, AND ACCESSORIES RELATED TO THE SCOPE OF WORK.12. CONTRACTOR SHALL CALL FIRE INSPECTOR AT ELECTRIC R.I. TO CONFIRM LOCATION OF EXIT SIGNS AND EMERGENCY LIGHTING. EMERGENCY LIGHTING IS REQUIRED AT ALL EXIT DOORS. EXIT AND DIRECTIONAL SIGNAGE SHALL BE INSTALLED AT EVERY REQUIRED EXIT DOORWAY, INTERSECTION OF CORRIDORS AND ATOTHER SUCH LOCATIONS AND INTERVALS AS NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS.13. FIRE EXTINGUISHER TO BE A MINIMUM 2A10BC, RATED WALL MTD. AT A HEIGHT TO MEET ADA CODES WITH SIGNAGE.14. CONTRACTOR SHALL FURNISH/INSTALL FIRE EXTINGUISHERS AND F.E. WALL SIGNAGE COMPLIANT WITH CODES. ALL F.E.'S SHALL BE TAGGED, CURRENTLY DATED, EFFECTIVE FOR ONE-YEAR. FINAL QUANTITIES OF FIRE EXTINGUISHERS ARE SUBJECT TO CODES AND/OR LOCAL FIRE MARSHALDIRECTIONS/REQUIREMENTS.15. SPRINKLER INSTALLING CONTRACTOR MUST OBTAIN A FIRE SPRINKLER PERMIT FOR FIRE SPRINKLER WORK PRIOR TO SYSTEM INSTALLATION. CONSTRUCTION DOCUMENTS AND CALCULATIONS MUST BE PROVIDED BY THE SPRINKLER INSTALLER FOR REVIEW AND APPROVAL.16. IT IS THE SPRINKLER SUB-CONTRACTORS RESPONSIBILITY TO DESIGN THE SPRINKLER SYSTEM TO ALL AREAS INCLUDING CONCEALED SPACES AND TO FIT WITHIN THE ROOF STRUCTURE AND AVOID LIGHT FIXTURES, FANS & MECHANICAL DUCT IN THE SPACES WITH EXPOSED STRUCTURE. AS HIGH AND TIGHT TO THEDECK AS POSSIBLE.17. SUBMIT ALL COLOR SAMPLES TO OWNER AND ARCHITECT FOR APPROVAL PRIOR TO CONSTRUCTION. ALLOW AMPLE TIME FOR SELECTIONS AND APPROVALS.18. DESIGN-BUILD SUB-CONTRACTORS ARE TO VERIFY THAT ALL APPLICABLE WORK IS IN THEIR SCOPE OF WORK AND THEREFORE IN THEIR RESPECTIVE BID. IT IS THE RESPONSIBILITY OF THE DESIGN-BUILD SUB-CONTRACTOR TO COORDINATE THIS WITH OTHER SELECTED DESIGN-BUILD SUB-CONTRACTORS.

1" = 40'-0"2

SITE PLAN

NOTE SITE PLAN IS FOR REFERENCE ONLY, ALL EXISTING SITE CONDITIONS TO REMAIN , NO NEW ADDITIONAL SITE WORK N

CURVE CREST BLVD.

WA

SH

ING

TO

N A

VE

.

3/32" = 1'-0"1

EXISTING ELEVATION

NOTE ELEVATION IS FOR REFERENCE ONLY, NO NEW WORK

1

1

1

1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

A A

B B

C C

D D

6

A1.0

DEMO WALL AND DOOR

EXISTING WALL TO BE DEMO

EXISTING WALL TO REMAIN

NEW WALL

KEY

Project No :





Sheet Information

Drawn By :

Checked By :

Date :

Drawing No :



Printed Name

MICHAEL F. DIEM

Signature

DATE License #

Revisions

Item Date

2159 Curve Crest



REV.11 8-11-15

D1

DEMO SHEET

15-111

MN SHOOTINGACADEMY

8-11-15

CAL

RT

16844

Minnesota

8-11-15

3/32" = 1'-0"1

DEMO PLAN

1

1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

A A

B B

C C

D D

(5) NEW BOLLARDS

60' - 0"

24' - 8"

33' - 4"

2' - 0"

LANE 1

LANE 2

LANE 3

LANE 4

LANE 5

LANE 8

LANE 9

LANE 10

LANE 11

LANE 12

LANE 13

LANE 14

BULLET CATCHER AREA

112' - 0" 8' - 0"

8' - 0"

SAFETY CORRIDOR

VESTIBULE

100

RETAIL SPACE

101

LOUNGE VENDING

AIR LOCK

102GUN RANGE

103

WOMEN

104

MEN

105

OFFICE

106

OFFICE

107

OFFICE

108

GUN SMITH(OFFICE)

109

BREAK ROOM

110

STORAGE

111

ELEC.

112

DOCK

WAREHOUSE

113

102A 102

6

A1.0

STORAGE

114

114

1' - 0"

1' - 0"

30' - 4"

TYP.

4' - 4"

1' - 4 1/2"

1' - 4 1/2"

21' - 0"

TYP.

3' - 0"

LANE 6

LANE 7

1

21' - 0" 21' - 5"

5' - 5" 5' - 5"

3' - 0"

5' - 8"

5' - 5"

3' - 0"

CLASSROOM

115

CLASSROOM

116

116 115

117

CORRIDOR

117

1



NEW WALL

KEY

WALL TYPE 11

12" CMU CORE FILLED, SEE STRUCT.FOR REINFORCING

SEE SCHEDULE

SEE SCHEDULE

2"

F1HOLLOWMTL. FRAME

SEE SCHED.

SEE SCHED.

A

NON-INSULATEDH.M. DOOR

FLOOR PLAN100' - 0"

T.O.W.122' - 0"

A B C D

NEW12" CMU CORE FILLED,SEE STRUCT. FORREINFORCING

NEW STEEL BEAMS SEE STRUCT.

NOTE WALL AND CEILING STEEL PANELS FORBULLET RICOCHET PREVENTION BY OTHERS

EXISTING BAR JOIST BEARING 118'-0" EXISTING BAR JOIST BEARING 116'-0"

PROVIDE NEW FOOTING ASREQUIRED SEE STRUCT.

Project No :





Sheet Information

Drawn By :

Checked By :

Date :

Drawing No :



Printed Name

MICHAEL F. DIEM

Signature

DATE License #

Revisions

Item Date

2159 Curve Crest



REV.11 8-11-15

A1.0

FLOOR PLAN

15-111

MN SHOOTINGACADEMY

8-11-15

CAL

RT

16844

Minnesota

8-11-15

N

3/32" = 1'-0"1

FLOOR PLAN

NOTES: 1. DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER

HARDWARE LEGEND

GROUP 1 INTERIOR LATCH SET,

BUTTS AS REQ'D1 EA CLOSER1 EA DOOR STOP1 EA LATCH SET

DOOR SCHEDULE

DOOR # FROM ROOM: NAME HEIGHT WIDTH DOOR TYPEFRAMETYPE

HDWRGROUP COMMENTS

102 RETAIL SPACE 7' - 0" 3' - 0" A F1 1

102A AIR LOCK 7' - 0" 3' - 0" A F1 1

114 RETAIL SPACE 7' - 0" 3' - 0" A F1 1

115 CLASSROOM 7' - 0" 2' - 10"

116 CLASSROOM 7' - 0" 2' - 10"

117 WAREHOUSE 7' - 0" 2' - 10"

ROOM FINISH SCHEDULE

Number NAME WALL FINISHFLOORFINISH BASE

CEILINGFINISH

CEILINGHEIGHT COMMENTS

100 VESTIBULE

101 RETAIL SPACE

102 AIR LOCK

103 GUN RANGE

104 WOMEN

105 MEN

106 OFFICE

107 OFFICE

108 OFFICE

109 GUN SMITH (OFFICE)

110 BREAK ROOM

111 STORAGE

112 ELEC.

113 WAREHOUSE

114 STORAGE

115 CLASSROOM

116 CLASSROOM

117 CORRIDOR

1" = 1'-0"3

INTERIOR WALL TYPES

1/4" = 1'-0"4

FRAME TYPES 1/4" = 1'-0"

5DOOR TYPES

1/8" = 1'-0"6

SECTION

1

Abbi Wittman

From: A. Sundberg Siess <[email protected]>Sent: Thursday, August 13, 2015 12:04 PMTo: Abbi Wittman; Bill TurnbladCc: Anne SiessSubject: Case 2015-15

Abbi, Please share this with the council for Case 2015-15. ************** Stillwater City Council, I am a current member of the Stillwater Planning Commission; this is the second case regarding guns during my tenure. Part of the difficulty in assessing these cases is Stillwater's lack of ordinance regarding guns. Due to lack of ordinance, the city is left to compare the use/regulation to that of other businesses that are arguably ironic. I urge you to read the minutes of case 2011-25 where the request to sell guns to customers out of a residence was compared to a hair salon. The case before you tonight is lumped into an entertainment use, which is comparable to a roller rink, bowling alley, etc. A gun to a shampoo bottle/roller skate is like apple to orange. My hope is for the city to thoughtfully plan the use/sale of guns with wise ordinances that are fair/reasonable to all parties and promote safety. Pasted below is an indoor gun range ordinance for Chanhassen, Minnesota for your consideration. Respectfully, Anne Siess 170 Interlachen Way Court, Stillwater

Sec. 20-298.5. - Gun range, indoor.

(1)

The gun range shall not be located on any lot adjacent to an existing residential district.

(2)

The gun range when established shall not be located within 1,000 lineal feet, measured from building to

building, of an establishment licensed to dispense intoxicating or nonintoxicating liquor. Indoor gun ranges shall

not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or

dispenses nonintoxicating or intoxicating liquors.

(3)

The use, occupancy and construction of the building shall conform to the Minnesota State Building Code.

(4)

The building and method of operation shall comply with M.S. ch. 87A.

2

(5)

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.

(6)

The design and construction of the gun range shall completely confine all ammunition rounds within the

building and in a controlled manner. The design and construction of the gun 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.

(7)

No ammunition shall be used in the range that exceeds the certified design and construction specifications of

the gun range.

(8)

Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in

an acceptable gun safe or other secure locking device.

(9)

On-site supervision shall be supplied 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.

(10)

Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at

specific intervals and distributed to all range users to study and use.

(11)

The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify

the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in

policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all

times.

(12)

3

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.

(13)

An outside security plan for the general grounds shall be submitted to the city for review and approval.

(14)

The transport of firearms on the premises, to the premises, and from the premises shall conform to state law.

(15)

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.

(16)

In the industrial office park district, retail sales and rental shall be limited to gun-related material and equipment

with a maximum display area of 20 percent of the floor area.

(17)

In multi-tenant buildings, the gun range shall be soundproofed to prevent the sound from being heard by

persons in adjoining units.

(Ord. No. 527, § 2, 8-22-11)

1

CHAPTER 7030

MINNESOTA POLLUTION CONTROL AGENCY

NOISE POLLUTION CONTROL

GENERALLY

7030.0010 INCORPORATION BY REFERENCE.

7030.0020 DEFINITIONS.

7030.0030 NOISE CONTROL REQUIREMENT.

7030.0040 NOISE STANDARDS.

7030.0050 NOISE AREA CLASSIFICATION.

7030.0060 MEASUREMENT METHODOLOGY.

7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY.

7030.0080 VARIANCE.

MOTOR VEHICLE NOISE LIMITS

7030.1000 DEFINITION.

7030.1010 PROHIBITIONS.

7030.1020 SCOPE.

7030.1030 EXCEPTIONS.

7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS.

7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES.

7030.1060 NOISE LIMITS FOR OTHER VEHICLES.

GENERALLY

7030.0010 INCORPORATION BY REFERENCE.

For the purpose of chapter 7030, American National Standards Institute, Specification for SoundLevel Meters, S1.4-1983 is incorporated by reference. This publication is available from the AmericanNational Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices ofthe Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; theGovernment Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th AvenueSouth, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin LutherKing Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change.

The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise:Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is availablefrom the United States Department of Transportation, Federal Highway Administration, 1000 North GlobeRoad, Arlington, Virginia 22201 and can be found at: the offices of theMinnesota Pollution Control Agency,1935West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409,Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and theState of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.This document is not subject to frequent change.

Copyright ©2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.0030 NOISE POLLUTION CONTROL 2

Statutory Authority: MS s 116.07

History: 11 SR 43; 18 SR 614

Published Electronically: December 12, 2003

7030.0020 DEFINITIONS.

Subpart 1. Application. The terms used in this chapter have the meanings given them in this part.

Subp. 2. A-weighted. "A-weighted" means a specific weighting of the sound pressure level for thepurpose of determining the human response to sound. The specific weighting characteristics and tolerancesare those given in American National Standards Institute S1.4-1983, section 5.1.

Subp. 3. Daytime. "Daytime" means those hours from 7:00 a.m. to 10:00 p.m.

Subp. 4. dB(A). "dB(A)" means a unit of sound level expressed in decibels (dB) and A-weighted.

Subp. 5. Decibel. "Decibel" means a unit of sound pressure level, abbreviated as dB.

Subp. 6. Impulsive noise. "Impulsive noise" means either a single sound pressure peak (with eithera rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressurepeaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spacedat least by 200 millisecond pauses.

Subp. 7. L10. "L10" means the sound level, expressed in dB(A), which is exceeded ten percent of thetime for a one hour survey, as measured by test procedures approved by the commissioner.

Subp. 8. L50. "L50" means the sound level, expressed in dB(A), which is exceeded 50 percent of thetime for a one hour survey, as measured by test procedures approved by the commissioner.

Subp. 9. Municipality. "Municipality" means a county; a city; a town; a regional planning anddevelopment commission established under Minnesota Statutes, chapter 473; the metropolitan council; orother governmental subdivision of the state responsible by law for controlling or restricting land use withinits jurisdiction.

Subp. 10. Nighttime. "Nighttime" means those hours from 10:00 p.m. to 7:00 a.m.

Subp. 11. Person. "Person" means any human being, any municipality or other governmental orpolitical subdivision or other public department or agency, any public or private corporation, any partnership,firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a courtof law, or any legal representative of any of the foregoing, but does not include the agency.

Subp. 12. Sound pressure level. "Sound pressure level", in decibels, means 20 times the logarithmto the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20micronewtons per square meter.


History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614


7030.0030 NOISE CONTROL REQUIREMENT.

No person may violate the standards established in part 7030.0040, unless exempted by MinnesotaStatutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take


3 NOISE POLLUTION CONTROL 7030.0050

all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed innoise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040will be violated immediately upon establishment of the land use.


History: 11 SR 43; 18 SR 614


7030.0040 NOISE STANDARDS.

Subpart 1. Scope. These standards describe the limiting levels of sound established on the basisof present knowledge for the preservation of public health and welfare. These standards are consistentwith speech, sleep, annoyance, and hearing conservation requirements for receivers within areas groupedaccording to land activities by the noise area classification (NAC) system established in part 7030.0050.However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed forthe preservation of public health and welfare. Noise standards in subpart 2 apply to all sources.

Subp. 2. Noise standards.

Noise Area Classification Daytime Nighttime

L50 L10 L50 L101 60 65 50 55

2 65 70 65 70

3 75 80 75 80


History: 11 SR 43; 18 SR 614


7030.0050 NOISE AREA CLASSIFICATION.

Subpart 1. Applicability.The noise area classification is based on the land use activity at the locationof the receiver and determines the noise standards applicable to that land use activity unless an exception isapplied under subpart 3.

Subp. 2. Noise area classifications. The noise area classifications and the activities included in eachclassification are listed below:

Noise AreaClassification Land Use Activities

1 Household Units (includes farm houses)



Group quarters

Residential hotels

Mobile home parks or courts

Transient lodging

Other residential

Motion picture production

Medical and other health services

Correctional institutions

Educational services

Religious activities

Cultural activities and nature exhibitions

Entertainment assembly

Camping and picnicking areas (designated)

Resorts and group camps

Other cultural, entertainment, and recreational activities.

2 Railroad terminals (passenger)

Railroad terminals (passenger and freight)

Rapid rail transit and street railway passenger terminals

Bus passenger terminals (intercity)

Bus passenger terminals (local)

Bus passenger terminals (intercity and local)

Other motor vehicle transportation

Airport and flying field terminals (passenger)

Airport and flying field terminals (passenger and freight)

Marine terminals (passenger)

Marine terminals (passenger and freight)

Automobile parking

Telegraph message centers

Transportation services and arrangements

Wholesale trade

Retail trade – building materials, hardware, and farm equipment

Retail trade – general merchandise

Retail trade – food

Retail trade – automotive, marine craft, aircraft, and accessories



Retail trade – apparel and accessories

Retail trade – furniture, home furnishings, and equipment

Retail trade – eating and drinking

Other retail trade

Finance, insurance, and real estate services

Personal services

Business services

Repair services

Legal services

Other professional services

Contract construction services

Governmental services (except correctional institutions)

Miscellaneous services (except religious activities)

Public assembly (except entertainment assembly and race tracks)

Amusements (except fairgrounds and amusement parks)

Recreational activities (except designated camping and picnicking areas)

Parks.

3 Food and kindred products – manufacturing

Textile mill products – manufacturing

Apparel and other finished products made from fabrics, leather, and similar materials– manufacturing

Lumber and wood products (except furniture) – manufacturing

Furniture and fixtures – manufacturing

Paper and allied products – manufacturing

Printing, publishing, and allied industries

Chemicals and allied products – manufacturing

Petroleum refining and related industries

Rubber and miscellaneous plastic products – manufacturing

Stone, clay, and glass products – manufacturing

Primary metal industries

Fabricated metal products – manufacturing

Professional, scientific, and controlling instruments; photographic and optical goods;watches and clocks – manufacturing

Miscellaneous manufacturing (except motion picture production)



Railroad, rapid transit, and street railway transportation (except passenger terminals)

Motor vehicle transportation (except passenger terminals)

Aircraft transportation (except passenger terminals)

Marine craft transportation (except passenger and freight terminals)

Highway and street right-of-way

Communication (except telegraph message centers)

Utilities

Other transportation, communication, and utilities (except transportation servicesand arrangements)

Race tracks

Fairgrounds and amusement parks

Agricultural

Agricultural and related activities

Forestry activities and related services (including commercial forest land, timberproduction, and other related activities)

Fishing activities and related services

Mining activities and related services

Other resource production and extraction

All other activities not otherwise listed.

4 Undeveloped and unused land area (excluding noncommercial forest development)

Noncommercial forest development

Water areas

Vacant floor area

Under construction

Other undeveloped land and water areas.

Subp. 3. Exceptions. The noise area classification for a land use may be changed in the followingways if the applicable conditions are met.

A. The daytime standards for noise area classification 1 shall be applied to noise areaclassification 1 during the nighttime if the land use activity does not include overnight lodging.

B. The standards for a building in a noise area classification 2 shall be applied to a building ina noise area classification 1 if the following conditions are met:

(1) the building is constructed in such a way that the exterior to interior sound levelattenuation is at least 30 dB(A);

(2) the building has year-round climate control; and

(3) the building has no areas or accommodations that are intended for outdoor activities.



C. The standards for a building in a noise area classification 3 shall be applied to a building ina noise area classification 1 if the following conditions are met:




D. The standards for a building in a noise area classification 3 shall be applied to a building ina noise area classification 2 if the following conditions are met:





History: 11 SR 43; 18 SR 614


7030.0060 MEASUREMENT METHODOLOGY.

Subpart 1. Measurement location. Measurement of sound must be made at or within the applicableNAC at the point of human activity which is nearest to the noise source. All measurements shall be madeoutdoors.

Subp. 2. Equipment specifications. All sound level measuring devices must meet Type O, I, II, orS specifications under American National Standards Institute S1.4-1983.

Subp. 3. Calibration. All sound level measuring devices must, at a minimum, be externally fieldcalibrated before and after monitoring using a calibration device of known frequency and sound pressurelevel.

Subp. 4. Measurement procedures. The following proceduresmust be used to obtain representativesound level measurements:

A. Measurements must be made at least three feet off the ground or surface and away fromnatural or artificial structures which would prevent an accurate measurement.

B. Measurements must be made using the A-weighting and fast response characteristics of thesound measuring device as specified in American National Standards Institute S1.4-1983.

C. Measurements must not be made in sustained winds or in precipitation which results in adifference of less than ten decibels between the background noise level and the noise source being measured.

D. Measurements must be made using a microphone which is protected from ambientconditions which would prevent an accurate measurement.

Subp. 5. Data documentation. A summary sheet for all sound level measurements shall becompleted and signed by the person making the measurements. At a minimum, the summary sheet shallinclude:



A. date;

B. time;

C. location;

D. noise source;

E. wind speed and direction;

F. temperature;

G. humidity;

H. make, model, and serial number of measuring equipment;

I. field calibration results;

J. monitored levels; and

K. site sketch indicating noise source, measurement location, directions, distances, andobstructions.


History: 11 SR 43; 17 SR 1279; 18 SR 614


7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY.

Subpart 1. Purpose. Sound level measurements made for assessing sound attenuation as specifiedin part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part.

Subp. 2. Equipment. The equipment shall meet the requirements specified in part 7030.0060,subpart 2.

Subp. 3. Calibration. The equipment must meet the calibration requirements specified in part7030.0060, subpart 3.

Subp. 4. Measurement procedure. The measurement procedure described in FHWA-DP-45-1R,section 8 must be used for determination of the sound attenuation.

Subp. 5. Equivalent methods. Methods equivalent to those described in subpart 4 may beused provided they are approved by the commissioner of the Minnesota Pollution Control Agency. Thecommissioner shall approve an alternative method if the commissioner finds that the method will producerepresentative data and results which are as reliable as the methods specified in subpart 4.


History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614


7030.0080 VARIANCE.

If, upon written application of the responsible person, the agency finds that by reason of exceptionalcircumstances strict conformity with any provisions of any noise rule would cause undue hardship, would beunreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon



the conditions and within the time limitations as it may prescribe for the prevention, control, or abatementof noise pollution in harmony with the intent of the state and any applicable federal laws.


History: 11 SR 43; 18 SR 614


MOTOR VEHICLE NOISE LIMITS

7030.1000 DEFINITION.

"Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks andany vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleyswhich are propelled by electric power obtained from overhead trolley wires but not operated upon rails,except snowmobiles.


History: 18 SR 614


7030.1010 PROHIBITIONS.

Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle or combinationof vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time orunder any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noiselimits contained herein for the category of motor vehicle and speed limits specified, when tested with ameasurement procedure approved by the commissioner.

Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor vehicle or combinationof vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which whenmaintained according to the manufacturer's specifications would exceed the noise limits contained hereinfor the category of motor vehicle and speed limits specified, when tested with a measurement procedureapproved by the commissioner.

Subp. 3. Modification of vehicle. No person shall modify a motor vehicle or combination ofvehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner whichwill amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for thecategory of motor vehicle and speed limits specified, when tested with a measurement procedure approvedby the commissioner. No person shall operate a motor vehicle so modified.

Subp. 4. Sale of parts. No person shall sell or offer for sale replacement or additional parts for amotor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes,chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle,above the noise limits contained herein for the category of motor vehicle and speed limits specified, whentested with a measurement procedure approved by the commissioner. No person shall operate a motorvehicle incorporating such parts.




History: L 1987 c 186 s 15; 18 SR 614


7030.1020 SCOPE.

This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject toregistration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precludingthe enforcement of any other provision of law relating to motor vehicle exhaust noise.


History: 18 SR 614


7030.1030 EXCEPTIONS.

Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained hereinwhen performing acceleration maneuvers for safety purposes.


History: 18 SR 614


7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS.

Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than10,000 pounds and any combination of vehicles towed by such motor vehicle.

A. Speed limits greater than 35 mph.

B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles withgoverned engines). For stationary run-up tests on all-paved surfaces, add 2 dBA.



C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles withgoverned engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests onall-paved surfaces, add 2 dBA.

D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles withgoverned engines), for vehicles manufactured on or after January 1, 1982. For stationary run-up tests onall-paved surfaces, add 2 dBA.


History: 18 SR 614


7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES.

A. For vehicles manufactured before January 1, 1975.

B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975.

C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1,1975.


History: 18 SR 614


7030.1060 NOISE LIMITS FOR OTHER VEHICLES.

Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and7030.1050 and any combination of vehicles towed by such motor vehicle.




History: 18 SR 614



PLANNING COMMISSION MEETING MINUTES July 8, 2015

REGULAR MEETING 7:00 P.M. Chairman Kocon called the meeting to order at 7:02 p.m.

Present: Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer,

Middleton, Siess, Council Representative Junker Absent: None Staff: City Planner Wittman, Community Development Director Turnblad APPROVAL OF MINUTES

Possible approval of June 10, 2015 meeting minutes

Commissioner Hansen pointed out the minutes should be corrected to reflect that Chairman Kocon called the meeting to order.

Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve the June 10, 2015 meeting minutes as corrected. All in favor, 9-0. OPEN FORUM

There were no public comments. PUBLIC HEARINGS Case No. 2015-15. Special Use Permit and associated variances for Minnesota Shooting Academy to redesign the existing building into an amusement and recreational establishment, located at 2159 Curve Crest Boulevard. Mark Kamas, MN Shooting Academy, applicant and Paul Simonet, owner.

City Planner Wittman explained that the applicant is requesting a Special Use Permit for an indoor target practice range to be located in the existing Simonet Furniture building. The use would require: 1) a 4,040 square foot variance to the maximum 3,000 square feet allowed for a Commercial Recreational Establishment; 2) a 26-stall parking variance; and 3) an 18% variance to the 60% maximum impervious lot coverage allowed by City Code. In addition to the specially-permitted use, MN Shooting Academy is proposing retail sales, a lounge and vending area, warehouse space and space for administrative offices, which are all permitted uses. The application included information about sound baffling and test records from similar facilities which indicate decibel levels will be compliant with City noise ordinance provisions. Staff recommends approval of the 4,040 square foot variance, as practical difficulty and uniqueness of circumstance have been established, and approval of the Special Use Permit with conditions.

Planning Commission July 8, 2015

Page 2 of 18

Chairman Kocon asked what recourse the City has if dba thresholds are exceeded. City Planner Wittman said the establishment would be under noise ordinance regulations as well as State statute provisions allowing for temporary closures and injunctions against the business if it violates noise standards. Chairman Kocon asked what kind of maintenance is done on a permeable surface. City Planner Wittman said an underground tank system needs to be vacuumed out. Barry Schalkle, representing the applicant, noted there are very strict OSHA requirements for handling lead. When air goes out of the building it is filtered, so it is cleaner than when it is drawn in. Regarding the proposed conditions, 14 lanes are now proposed, rather than 12; the additional 2 lanes will be used for law enforcement. Square footage would remain the same. Roger Tomten, Archnet, project architect, addressed the proposed condition about parking. The majority of parking stalls required relate to the retail component of the space. Recognizing this use will be less popular than other types of retail uses, they would like to use the “proof of need for parking” approach, using the existing spaces and agreeing to provide more parking at a later date if it is warranted. To address sound concerns, the building has 12” thick masonry walls. A concrete box will be constructed within the building with 12” thick concrete walls with a concrete cap. The sound will be encapsulated within the first shell of concrete. Regarding the proposed condition about the trail easement, Mr. Schalkle noted if they are the only business on the block, it doesn’t make sense. City Planner Wittman replied that the easement would be on the Washington Avenue side to install future pedestrian improvements, in conjunction with the City’s Master Trail Plan. Commissioner Fletcher asked about public safety. Mark Kamas, applicant, replied that State safety laws govern handling of firearms outside the building. Good business practices must be used such as not bringing in uncased weapons. There will be a safety officer present at all times to ensure compliance. Commissioner Collins asked about hours of operation. Mr. Schalkle replied the hours would be Monday through Friday 10 a.m. - 9 p.m., closing earlier on Saturday and Sunday. Commissioner Lauer asked how the law enforcement lanes will be allocated. Mr. Kamas replied they are working with other agencies to design the law enforcement lanes. If not used by law enforcement, those lanes would be open to members. Commissioner Siess asked if this is a common type of location for a shooting range. Mr. Kamas replied that usually, you see ranges in industrial parks, but they are trying to be more mainstream to be more like other entertainment/sports establishments. Commissioner Middleton asked what percentage would be used by members versus law enforcement. Mr. Kamas replied that police usually shoot on off-hours, either early in the morning or late at night. There would be special hours for police. There is a lot of interest because the law enforcement agencies have a hard time finding places to shoot.


Page 3 of 18

Commissioner Fletcher asked if there are restrictions on type of firearms that can be discharged in the facility. Mr. Kamas replied it is more the type of ammunition than the firearms themselves. Mr. Schalkle noted that education is an important part of the proposal. In addition to firearms safety, there will be safety classes focusing on general home safety and protection when in public. Commissioner Fletcher asked about compliance requirements for federal regulations. Mr. Kamas replied the facility must be evaluated by OSHA, EPA and ATF regularly and in random checks. Commissioner Collins asked if only one set of doors can be open at a time. Mr. Kamas replied that is correct. Chairman Kocon opened the public hearing. Diane Dietz, 2221 Oak Ridge Road, Stillwater, expressed concerns about adding to the existing noise from traffic. The establishment will bring a potential nuisance to the area because there is no other shooting range on this side of the metro area. If the business is not viable, what will happen to the building? She also is concerned about its impacts on nearby Stillwater Veterinary Clinic and Stillwater Medical Group. She is concerned about the proposed lounge and whether it will sell liquor, about the loss of green space and devaluation of property. She urged the Commission to deny the proposal. Brian Naughton, 1457 Case Avenue, St. Paul, who is in the medical field with clients throughout the metro area, spoke to some of the economic and societal benefits of a shooting range. Shooting sports retailers provide a variety of firearms designed for all shooters. Compared to skiing, biking and skateboarding, shooting is not limited to the physically trained athlete. Safety training and education make shooting sports quite safe. There is a much greater risk from motor vehicles. The Minnesota Shooting Academy has conveyed its long range plans for a program to ensure all members and guests are trained in safe gun handling. Neighborhood and community relations will also be part of their long range plan. He presented figures confirming the economic benefits of shooting ranges. He is VP of the Minnesota Second Amendment Association. He urged the Commission to approve the proposal. David Kalinoff, Woodbury, said he grew up in Stillwater. He is a full time police officer and an avid participant in shooting sports. An indoor range is a safe and clean place to shoot. He has taught his wife and children firearms safety. The educational benefits for the public are great. The classes also teach legal concepts involved in handling firearms. George Riley, Upper 36th Street North, Oakdale, spoke in support of Mr. Schalkle and Mr. Kamas as ethical longstanding community service leaders and knowledgeable instructors with a wide range of experience. He feels the proposal is well thought-out. Carrie Brockman, 5995 Oren Avenue, Stillwater, noted her CPA office has had a number of clients express concerns to her that the proposal will detrimentally affect their businesses. She expressed concerns about noise from air blowers located on the roof, how emergency personnel would get into the facility, and how much more traffic will be generated. Traffic on that corner is heavy already. Don Slinger, 4620 Lake Elmo Avenue North, Lake Elmo, retired training and planning coordinator for the DNR, stated it is hard to find individuals qualified to work in the conservation field who are knowledgeable about firearms. It is difficult to find ranges where re-certification can be obtained.


Page 4 of 18

Brian Simonet, 79 Maryknoll Drive, Stillwater, one of the many owners of Simonet Furniture, refuted a statement made previously about the relationship between the ownership of Simonet Furniture and the current lessee. Tiffany Britz, 13991 60th Street Court North, Stillwater, a certified NRA firearms instructor, said having an indoor range in Stillwater would be great, but she feels it is not a good location due to the noise and traffic it would generate. There will be a woman-owned firearms range located in the area soon that is in the final stages, in which she has an interest. Paul Simonet, owner of Simonet Furniture and Carpet Company, stated they have been trying to sell the building since 2009 when the store went out of business. After lowering the price in the last year and a half, they have finally seen some interest. The furniture store never had a problem with fire trucks getting into the parking lot. He has been hearing a lot of misinformation. He owns a gun and goes to shooting ranges. They teach a lot about safety. As for traffic, signal lights are needed at that intersection. Traffic has always been a problem there. Greg Clark, 3701 Oakgreen Avenue, Baytown, asked about plans for the rest of the building, if there are sprinklers for the firing range, and if the ventilation system will be on the ground or the rooftop. The unit is about the size of a semi trailer and runs at 80 DBA. If more lanes are added, and another ventilation unit would be added, where would it be installed? Chairman Kocon closed the public hearing. City Planner Wittman replied that the exchange system would be required to follow the noise ordinance, 70 dba from 8:00 a.m. - 10:00 p.m., 65 dba at night from 10:00 p.m. - 8:00 a.m. A larger range would require an amendment to the Special Use Permit. If the range were doubled in size, another variance would be required as well. Everyone within 350 feet would be noticed. She believes the building code would require sprinklers. The applicants would work with the Building Department to ensure compliant fire suppression. Commissioner Kelly stated he has a conflict and won’t participate in the discussion or vote. Chairman Kocon said he is not a big gun fan, but the discussion is about meeting ordinances and restrictions. It’s a business decision. He views the proposal as viable with the 11 stated conditions. Commissioner Fletcher said she is not against guns but other cities have had significant discussion before approving indoor shooting ranges. She is concerned there is not an ordinance in place to specifically address indoor shooting ranges. Because there is not a restriction on the type of firearms used, she interprets to mean this facility will allow high powered automatic weapons. She feels there should be more discussion as a City before allowing the use. Commissioner Collins stated he lives just a couple blocks away from the site. He doesn’t believe there will be an adverse effect on traffic. He does not own a gun but went to a gun range the other day to familiarize himself. It wasn’t as loud as he thought it would be, inside or outside. The proprietors have not had an incident since it opened in 2003. He is passionate about education and is in favor of firearms education. This facility could be a good thing for the community. Commissioner Lauer stated that, as Chairman Kocon said, it is a business decision. If guns were taken out of the equation, the public safety aspect probably turns in the other direction when considering the


Page 5 of 18

education. Those who shoot at a gun range are responsible gun owners. Noise is the biggest issue for him. It seems as if it can be addressed if requirements are not met. He is comfortable with the proposal. Commissioner Siess stated she has gun safety certification but feels this is not a proper location for this type of business. She feels it will alter the essential character of the neighborhood and she cannot support the proposal. Commissioner Middleton commented he too is concerned about the noise which could be very unnerving. He cannot support the request. Commissioner Hansen noted he is generally in favor of granting the request but he would not feel comfortable letting the applicant do parking mitigation later. It sounds as if parking should be addressed now. Chairman Kocon reminded the Commission that he too would like the parking addressed now. Commissioner Hansen pointed out the future comprehensive plan includes retail use for this area, but there are many other uses. There are other industrially zoned properties that are closer to residential neighborhoods with similar traffic issues. City Planner Wittman confirmed there is quite a mix of uses, for instance a clinic in an industrial zone, retail in office zone. It has a future land use designation of commercial.

Motion by Chairman Kocon, seconded by Commissioner Hade, to approve Case No. 2015-15, a Special Use Permit and a 4,040 square foot variance for Minnesota Shooting Academy, located at 2159 Curve Crest Boulevard, with the following conditions: a. No greater than 14 firing lanes shall be permitted. A minimum of five of the firing lanes shall be made available for rental to community service personnel and community education activities. b. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation. c. Soundproofing specifications shall be submitted with the building permit application. d. The establishment shall install appropriate and sufficient soundproofing to be in compliance with City Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment. e. A total of 26 parking spaces shall be created onsite. A permeable surface parking area and suitable base found satisfactory to the City Engineer shall be utilized for all new parking and drive areas. f. A grading plan shall be reviewed by the City engineering Department and a Brown’s Creek Watershed District permit shall be obtained prior to the installation of the additional parking spaces. g. Upon the sale to Minnesota Shooting Academy and prior to the release of necessary building permits, a 15’ trail easement shall be dedicated to the City along the eastern property boundary for future trail connection between Curve Crest Boulevard and Highway 36. h. Conditions of a HPC-issued Design Permit shall be incorporated into this Special Use Permit by reference. i. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit. j. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval. k. Quarterly maintenance of the permeable pavement and documentation of maintenance shall be submitted to the City quarterly. Motion passed 5-3, with Commissioners Fletcher, Middleton and Siess voting nay and Commissioner Kelly abstaining.


Page 6 of 18

Asked by Commissioner Hade, City Planner Wittman acknowledged that any interested party or Commissioner may appeal the decision to the City Council.

Case No. 2015-16. Special Use Permit for construction of a detached garage and accessory dwelling unit, located at 912 5th Street South. Eileen Gibson and Larry Wheeler, owners.

City Planner Wittman explained that the applicants have applied for a Special Use Permit for an Accessory Dwelling Unit to be located above a two-car garage that they plan to build. The property owner adjacent who shares the driveway has expressed concerns about adding a dwelling unit, the potential for access to be blocked during or after construction, and potential drainage issues. Staff recommends approval with conditions which address the neighbor’s concerns. Eileen Gibson and Larry Wheeler, applicants, stated they are custom home builders who specialize in traditional homes. They want to adhere to the requirements, do a good job and enhance the property. The home is currently vacant. Commissioner Lauer asked if the applicants have spoken with the adjacent landowner. Mr. Wheeler said he was not part of the easement agreement 34 years ago. He would prefer to separate the driveways if that is the desire of the Commission and the neighbor. Chairman Kocon opened the public hearing. David Harrison, 920 5th Street South, who shares the driveway with the applicant, stated he sees the carriage house as a rental property with double the traffic and the people. The driveway has a 10% grade so the water will erode it more. It gets very icy in the winter. Chairman Kocon closed the public hearing. Commissioner Hansen pointed out it is refreshing to address a Special Use Permit that doesn’t require a variance. He supports the proposal. Commissioner Middleton said he has a minor concern about the neighbor’s conflict, but it appears Mr. Wheeler is amenable to resolving it. He supports the request. Commissioner Collins noted that the site plan looks good. He favors approval.

Motion by Commissioner Collins, seconded by Commissioner Middleton, to approve Case No. 2015-16, a Special Use Permit for construction of a detached garage and accessory dwelling unit, located at 912 5th Street South, with the following conditions: a. The shared driveway shall not be blocked at any point during construction. b. The shared driveway shall be kept free and clear of debris during construction. c. A grading plan shall be submitted and approved by the City Engineering Department and a grading escrow, in an amount deemed sufficient by the Engineering Department for the new construction shall be submitted. d. To the greatest extent possible, drainage on the south side of the garage shall be retained onsite. e. The maximum size of the Accessory Dwelling Unit shall be 800 square feet. f. A Design Permit shall be obtained from the Heritage Preservation Commission prior to the submittal of a building permit.

PLANNING COMMISSION

MEETING DATE: July 8, 2015 CASE NO.: 2015-15 APPLICANT: Paul Simonet, property owner, representing MN Shooting Academy REQUEST: Request for a Special Use Permit and associated Variances for a

Commercial Amusement and Recreational Establishment to be located in the existing structure located at 2159 Curve Crest Boulevard

ZONING: BP-O: Business Park Office COMP PLAN DISTRICT: Commercial PREPARED BY: Abbi Jo Wittman, City Planner REQUEST The applicant is requesting a Special Use Permit for an Amusement and Recreational Establishment to be located in the existing Simonet Furniture building at 2159 Curve Crest Boulevard. The use would be an indoor target practice range and would necessitate the following:

1. A 4,040 square foot variances to City Code Section 31-515.1.1 provision the Commercial Recreational Establishment may occupy no more than 3,000 square feet; and

2. A 26 parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required; or

3. An 18% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c).

In addition to the specially-permitted use, MN Shooting Academy is proposing retail sales, a lounge and vending area, warehousing space as well as space for administrative offices. These uses are permitted by right. APPLICABLE REGULATIONS AND REGULATIONS Section 31-325 indicates Amusement and Recreational Establishments (including other social, sport or recreational centers) in the Business Park – Office District require a Special Use Permit. The Code further indicates the use must conform to the provisions found in Section 31-515.1:

CPC 7/8/2015 (Case No. 2015-15) 2159 Curve Crest Boulevard Page 2 of 6

1. The establishment may occupy no more than 3,000 square feet. 2. (The establishment must operate in compliance with the noise standards as

specified in City Code Chapter 38, Section 38-3. (a) The establishment shall be considered a "commercial" use pursuant to City

Code Chapter 38, Section 38-3, Subdivision 4. (b) Not only shall the establishment meet the specified noise standards at its

respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building.

3. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified professional shall certify that the establishment will, under normal operating conditions, meet the noise standards specified in City Code Chapter 38, Section 38-3.

4. The amusement or recreational activities offered by the establishment must operate exclusively indoors.

5. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation.

Section 31-208, Variances, indicates the Planning Commission may grant a variance, but only when all of the following conditions are found:

1. The variance is in harmony with the general purposes and intent of this chapter.

o The general purpose and intent of the Zoning Code is to regulate and restrict use of land for the protection of public health, safety and welfare. The purpose of Section 31-325 limitations to the maximum size of

the establishment is to ensure the development of the office park into office space.

The purpose of Section 31-510 is to ensure that a property provides sufficient on-site parking spaces to accommodate its needs and not create a burden on the neighborhood through on-street parking.

The purpose of Section 31-320(c) is to ensure adequate drainage and open space area is preserved.

o The general purpose and intent of the Zoning Code may be met if certain conditions of approval are met.

2. The variance is consistent with the comprehensive plan. No application elements are contradictory to the Comprehensive Plan.

3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. “Practical difficulties,” as use in connection with the granting of a variance, means that all of the following must be found to apply: The property owner proposes to use the land in a reasonable manner for a

use permitted in the zone where the land is located, but the proposal is not


permitted by other official controls; the use of the property for a Commercial Recreation and Amusement Establishment, with appropriate parking and onsite infiltration, is reasonable.

The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and The unique circumstance of the property are the boundaries of the property, the size of the structure on the property and the existing parking and drive areas.

a. The proposed 4,040 square foot variance for the Recreational and Amusement Establishment helps support the business’s desire to have 42% of the 12 lanes dedicated to be reserved for community service endeavors. The uniqueness exists in this large space can accommodate for the increase Establishment area, providing a service to local law enforcement practice and community safety education, wholly within the existing structure’s footprint.

b. The property owner is not able to create additional parking next to this existing parking and drive area without a reduction in open space and infringement on the neighboring properties.

The variance, if granted, will not alter the essential character of the locality. The essential character of the neighborhood will not be altered with the additional 4,040 square feet of Establishment space, nor the additional parking area.

Section 31-208 further indicates:

Economic considerations alone do not constitute practical difficulties. A previous variance must not be considered to have set a precedent for the

granting of further variances. Each case must be considered on its merits. Section 31-207 establishes the review standards for Special Use Permits: The proposed structure or use conforms to the requirements and the intent of this chapter, and of the comprehensive plan, relevant area plans and other lawful regulations. The proposed use is allowed within the subject zoning district, if it is found compatible with surrounding uses. In review of the request with City staff, the following item was determined to be an item of concern:

Parking: The property currently contains 49 parking spaces but is required to meet 75 parking spaces onsite. The applicant has shown proof of parking for an additional 28 spaces. However, the installation of this parking would necessitate a variance to the maximum impervious surface coverage requirement.

o As there is no off-street parking in this area, the installation of 26 parking spaces should be required. If installed with a permeable surfacing


material, then the need for a variance to the impervious surface coverage will not be necessary.

Impervious Surface Coverage and Drainage: The applicant is not proposing to

change the landscaping, impervious surface coverage or drainage to the site. However, if the applicant was to increase the parking area, the surface coverage would necessitate a variance.

o To offset the increase in impervious surface coverage, City Engineering Department staff indicate the new parking area could be constructed with permeable asphalt. This would maintain the required impervious surface coverage, allowing for all parking to be met onsite and no variance would be required for the parking.

Noise: As indicated in the code, the specified noise standards must be met at its

respective property lines, but the noise standards shall also apply to receiving uses in abutting tenant spaces within a multiple tenant, if the establishment is located in such a building. While no specifications sheet for the exact construction has been submitted, the proposed indoor range will be a vendor-designed system that is constructed by Action Target. The system will include wall and ceiling baffles (which will include acoustics within them), sound abatement within the firing area to reduce echo as well as a ballistic trap to catch the bullets.

o The applicant has submitted sound inspection test records from three Action Target designed and constructed facilities which indicate decibel noise levels on the property, outside the building and on adjacent parcels to be meet the threshold of the City of Stillwater’s maximum decibels of 70 db during the day and 65 db at night.

Exterior changes: Section 31-319 of the Stillwater City Code requires that the Heritage Preservation Commission (HPC) conduct a design review on exterior changes, signage and waste receptacle. The applicant is aware exterior changes to the structure, including new exterior signage, will be required to obtain a Design Permit prior to the issuance of applicable Sign Permits.

Comprehensive Plan Chapter 7, Local Economy, indicates a program to “encourage a mix of employment…and retail and service activities in the West Business Park area.” The proposed uses are not contradictory to the Comprehensive Plan. This use is consistent with the Future Land Use Map identifying this property as having commercial use in 2030. Any additional conditions necessary for the public interest have been imposed or use and/or structure will not constitute a nuisance or be detrimental to the public welfare of the community.


The proposed Commercial Recreational and Amusement Establishment will not be nuisance or be detrimental to the public welfare of the community if conditions addressing the concerns, above, are met.

ALTERNATIVES AND RECOMMENDATION The Commission has the following options:

1. Variances a. Approve, with or without conditions, a 4,040 square foot variances to City

Code Section 31-515.1.1 provision the Commercial Recreational Establishment, a 26 parking stall variance to City Code Section 31-510.1(c), Number of parking spaces required and an 18% variance to the 60% maximum (impervious) lot coverage requirement as identified in City Code Section 31-320(c).

a. Determine any or all of the proposed variances have not established practical difficulty and deny the variance.

2. Special Use Permit a. Approve the Special Use Permits with or without conditions. If the

Commission would like to approve the Case No. 2015-15 with conditions, staff would recommend the following:

i. No greater than 12 firing lanes shall be permitted. Five of the firing lanes shall be made available for rental to community service personnel and community education activities.

ii. The establishment must have at least one adult employee or adult supervisory volunteer in the premises during all hours of operation.

iii. Soundproofing specifications shall be submitted with the building permit application.

iv. The Establishment shall install appropriate and sufficient soundproofing to be in compliance with City Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment.

v. A total of 26 parking spaces shall be created onsite. A permeable surfaceparking area and suitable base found satisfactory to the City Engineer shall be utilized for all new parking and drive areas.

vi. A grading plan shall be reviewed by the City Engineering Department and a Brown’s Creek Watershed District permit shall be obtained prior to the installation of the additional parking spaces.

vii. Upon the sale to MN Shooting Academy and prior to the release of necessary building permits, a 15’ trail easement shall be dedicated


to the City of Stillwater along the eastern property boundary for future trail connection between Curve Crest Boulevard and Highway 36.

viii. Conditions of a HPC issued Design Permit shall be incorporated into this Special Use Permit by reference.

ix. Plans and the use will need to be approved by the engineering, fire and building officials before the issuance of a building permit.

x. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to the Planning Commission for review and approval.

b. Determine that the proposed commercial Recreational and Amusement Establishment is not consistent with the Special Use Permit provisions or the Comprehensive Plan and deny the Special Use Permit.

c. Table the application requesting more information be brought back before the Commission at their August 12, 2015 meeting.

Staff recommends the Commission move to grant a 4,040 square foot variance to the 3,000 square foot maximum provision of City Code Section 31-515.1.1 as practical difficulty has been established and move to approve the Special Use Permit for the Commercial and Recreational Establishment to be located at 2159 Curve Crest Boulevard. ATTACHMENTS Site Location Map Narrative Request (2 pages) Plan set (3 pages) Ballistic Walls and Baffles Specifications (5 pages) Noise Exposure Assessment & Abatement Strategies Narrative (1 page) Safety Baffle Cutsheet (2 pages) Wall Baffle Cutsheet (2 pages) Action Target Sound Inspection Reports (3 pages)

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0 360 720180Feet

Subject ProeprtyParcel BoundariesMunicipal Boundary

2159 Curve Crest Boulevard

^

General Site Location

Stillwater Planning Commission

Our proposal is to retro-fit the old Simonets Furniture building into an outdoor sporting goods retailer and

range similar to (Cabela’s and Gander Mountain) the building is approximately 26,000 square feet. It is

located on the corner of Washington Avenue.

The building will include approximately 7500 sq feet of retail space which will include (sales counter,

display cases, waiting lounges, commercial sales area) The first level will also host restrooms, lounge,

training rooms and 2 offices, gunsmith room and warehouse area.

The south side of the building would include a two range bays will be divided up into an public range with

7 state of the art shooting lanes, and a separate 6 lanes for use of private members and law enforcement.

The actual shooting range length would be 75 feet. There would also be a bullet trap area, The Rubber

Berm Trap’s design allows for collection of spent rounds for salvage or recycling. The trap may be

cleaned at anytime and requires no rear access for cleaning or service. The trap typically requires

cleaning between 80,000 to 100,000 spent rounds per lane. Exceeding the recommended cleaning time

can result in excessive bullet fragmentation and adhesion. The range walls would be made of 8-inch thick

solid concrete. The ceiling would have AR300 steel baffles that act as a ceiling barrier and sound

dampening. The bullet trap and firing range components would be constructed by Action Target, a

national fabricator of law enforcement grade firing ranges. The range area is required to be constructed in

accordance with federal, state and local building codes.

Recycling happening in two steps; the bass cartridges will be recycled by Metro Metals Recycling in St

Paul, MN and the spent lead will be recycled by Metro Metals Recycling, Eau Claire, WI

Training will be a large part of the day to day operations. With over 1 million firearms sold in 2014, we

would like to ensure the citizens that live in and around the twin cities as well as western Wisconsin have

the best possible training available to them. Guardian Tactical Solutions will head all our training classes.

Our classes range from introductory to firearms, basic firearms course and higher level conceal and carry

courses. As of today we have 10 NRA certified instructors. There will be a training room and range times

set aside for Law Enforcement qualifications and training.

Sound abatement is a critical concern of the comfort level of our customer both inside and outside the

range. The applicant assured city staff the building materials would not allow audible noises to be heard

from adjacent businesses. The applicant will be including additional sound proofing measures so the

decibel level would be reduced to less than that of a passing vehicle to the while standing in the parking

lot. We do this thought construction of the range wall leaving a sound barrier between the existing

building wall and the internal range walls. We will also using sound proofing wall panels and ceiling

panels.

Mark Kamas MN Shooting Academy

MN Shooting Academy June 17, 2015 Project Narrative Request for Variance Special Use Permit Project Use: MN Shooting Academy, LLC proposes to purchase the existing 27,000 sf 1‐story Type II‐B (non‐combustible sprinklered) building located on Curve Crest Boulevard. No new exterior modifications or additions are proposed. Planned internal remodeling shall be for purposes of providing a practice target range and associated retail and back‐of‐house functions. As per requirements for request for a variance to the Special Use Permit (City Code Section 31‐515.1 Amusement and recreational establishments, non‐compliant item 1‐ limit of 3,000 sf, compliant with items 2 through 5), we have noted the following:

1. The variance is in harmony with the general purposes and intent of this chapter. (It is understood that an indoor target practice range is an allowed use under Commercial Entertainment). Recreational sport shooting, both individually and league.

2. The variance is consistent with the comprehensive plan. (It is understood that this use is consistent with the comprehensive plan for BP‐O district).

3. The applicant for the variance establishes that there are practical difficulties in complying with this chapter. “Practical difficulties,” as used in connection with the granting of a variance, means that all of the following must be found to apply.

a. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls. (MN Shooting Academy proposed square footage for the indoor gun range is 7,000 sf; however, local zoning only permits 3,000 sf for commercial entertainment use. Our square footage is greater than allowed for the following reasons:

i. The entertainment area proper is considered to be from the staging area to the firing line; all human activity is prohibited forward of the firing line.

ii. The shooting gallery is divided into 12 lanes; 5 of these lanes (Approximate 7,000 square footage) shall be reserved at specified times and dates for community service, not commercial entertainment. Community services could include law enforcement practice and community safety education.

b. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner, and (N/A, The plight of the circumstances is related to the use of the property, not circumstances unique to the property).

c. The variance, if granted, will not alter the essential character of the neighborhood. (The proposed remodel/use is internal only. Additionally, the proposed gun range use is an accessory use, as it only occupies approximately ¼ of the total building area).

MN Shooting Academy June 17, 2015 Narrative for required parking Project Use: MN Shooting Academy proposes to purchase the existing 27,000 sf 1‐story Type II‐B (non‐combustible sprinklered) building located on Curve Crest Boulevard. Planned internal remodeling shall be for purposes of providing a practice target range and associated retail and back‐of‐house functions. MN Shooting Academy proposes no parking lot expansion or remodeling to the existing parking lot. Our experience has shown that the existing 49 parking spaces will be more than adequate to meet our customers’ needs. It is not our desire or our intent to under‐park this facility. We have enclosed a check for $525 should the planning commission determine additional parking be installed. Please see sheet T1 for graphic analysis of parking requirements (as per city off‐street parking ordinance 31‐510). Should the planning commission determine that additional parking must be installed, a variance will be required for green space. Providing 77 stalls will result in an overall green space of 22% (less than 40% required for this district). The check submitted could be used for a variance for either parking stall reduction or green space reduction.

26,700 SQ. FT.49 EXISTING PARKING STALLS + 28 PROOF OF

PARKING STALLS = 77 PARKING STALLS

23

927

1313

2

28 P

RO

OF

OF

PA

RK

ING

ST

ALLS

GREEN SPACE PRELIMINARY CALCULATION:100,877 SF SITE 22,636 SF GREEN (22%) WITH INCREASEDPARKING

44' - 6

"

93' - 2"

30' - 1

1"

115' - 2"

67' - 1"

RETAIL SPACE 7,500 SQ.FT. 1 PARKING STALLS PER 200 = 38

LOUNGE VENDING 740 SQ.FT. 1 PARKING STALLS PER 200 = 4'B' OCCUPANCY

GUN RANGE 7,040 SQ.FT. 12 SHOOTERS AND 6 INSTRUCTORS = 18

WAREHOUSE / STORAGE 6,570 SQ.FT. 1 PARKING STALLS PER 1000 = 7

EMPLOYEES ONLY 1,924 SQ.FT. 8 EMPLOYEES

TOTAL PARKING STALLS REQUIRED = 75

Project No :





Sheet Information

Drawn By :

Checked By :

Date :

Drawing No :



Printed Name

MICHAEL F. DIEM

Signature

DATE License #

Revisions

Item Date

2159 Curve Crest



TO

TITLE SHEET

15-111

MN SHOOTINGACADEMY

6-16-15

CAL

RT

Project Status

Owner

6-16-15

MN SHOOTING ACADEMY2159 Curve Crest Boulevard, Stillwater, MN

PROJECTDIRECTORY

ARCHITECTARCHNET INC.333 NORTH MAIN STREET SUITE 201STILLWATER, MN 55082

CONTACT: MICHAEL F. DIEMPHONE: 651-430-0606CELL: 651-271-7289FAX: 651-430-2414EMAIL: [email protected]

STRUCTURAL ENGINEER

DRAWING INDEX

LOCATION MAP

SITE

OWNER

XXXXXXXXX

CONTACT: XXXPHONE: XXXCELL: XXXEMAIL: XXX

SHEET# SHEET NAMEGENERAL

TO TITLE SHEET

ARCHITECTURAL

D1 DEMO PLANA1.0 FLOOR PLAN & SCHEDULES

STRUCTURAL

XXX XXX

CONTRACTOR:XXXXXXXXX

CONTACT: XXXPHONE: XXXCELL: XXXFAX: XXXEMAIL: XXX

DUFFY ENGINEERING350 HIGHWAY 10 SOUTHST. CLOUD, MINNESOTA 56304

CONTACT: RYAN SEAVERTO: (320) 259-6575F: (320) 259-6991EMAIL: [email protected]: DUFFYENG.COM

CODE DATA

GENERAL NOTES1. IF ANY DISCREPANCIES EXIST BETWEEN ARCHITECTURAL, STRUCTURAL OR CIVIL DRAWINGS, CONSULT WITH ARCHITECT BEFORE COMMENCING WITH CONSTRUCTION.2. DO NOT SCALE DRAWINGS, IF ADDITIONAL DIMENSIONS ARE REQUIRED CONTACT ARCHITECT.3. GENERAL CONTRACTOR TO SUPPLY A FULL SET OF PLANS TO THE SUBS & SHOP SUPPLIERS.4. GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO FIELD VERIFY ALL EXISTING CONDITIONS & DIMENSIONS PRIOR TO COMMENCING WITH WORK AND TO NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES.5. GENERAL CONTRACTOR SHALL VERIFY AND INSURE ALL UTILITIES ARE LOCATED IN FIELD AND COORDINATE AS NECESSARY WITH NEW WORK.6. GENERAL CONTRACTOR AND ALL SUB-CONTRACTORS SHALL PERFORM WORK IN CONFORMANCE WITH ALL APPLICABLE BUILDING CODES AND LAWS.7. NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN SPECIFICATIONS, PLANS AND NOTES. CONTRACTOR SHALL BE HELD TO COMPLY WITH THE MORE STRINGENT REQUIREMENTS.8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIREPROTECTION, AND STRUCTURE CONSTRUCTION AND SHALL COMPLY WITH ALL APPLICABLE CODES AS INDICATED.9. REQUIRED MEANS OF EGRESS AND SECURITY TO SPACE SHALL BE MAINTAINED DURING CONSTRUCTION.10. GENERAL CONTRACTOR TO NOTE CONSTRUCTION TIME LINE OF PROJECT AND THAT CONSTRUCTION MAY START IN WINTER. GENERAL CONTRACTOR SHOULD PLAN ACCORDINGLY FOR WINTER CONDITIONS.11. GENERAL CONTRACTOR SHALL COORDINATE & INSTALL ALL NECESSARY BLOCKING, SHIMS & BACKING FOR FIXTURES, EQUIPMENT, AND ACCESSORIES RELATED TO THE SCOPE OF WORK.12. CONTRACTOR SHALL CALL FIRE INSPECTOR AT ELECTRIC R.I. TO CONFIRM LOCATION OF EXIT SIGNS AND EMERGENCY LIGHTING. EMERGENCY LIGHTING IS REQUIRED AT ALL EXIT DOORS. EXIT AND DIRECTIONAL SIGNAGE SHALL BE INSTALLED AT EVERY REQUIRED EXIT DOORWAY, INTERSECTION OF CORRIDORS AND ATOTHER SUCH LOCATIONS AND INTERVALS AS NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS.13. FIRE EXTINGUISHER TO BE A MINIMUM 2A10BC, RATED WALL MTD. AT A HEIGHT TO MEET ADA CODES WITH SIGNAGE.14. CONTRACTOR SHALL FURNISH/INSTALL FIRE EXTINGUISHERS AND F.E. WALL SIGNAGE COMPLIANT WITH CODES. ALL F.E.'S SHALL BE TAGGED, CURRENTLY DATED, EFFECTIVE FOR ONE-YEAR. FINAL QUANTITIES OF FIRE EXTINGUISHERS ARE SUBJECT TO CODES AND/OR LOCAL FIRE MARSHALDIRECTIONS/REQUIREMENTS.15. SPRINKLER INSTALLING CONTRACTOR MUST OBTAIN A FIRE SPRINKLER PERMIT FOR FIRE SPRINKLER WORK PRIOR TO SYSTEM INSTALLATION. CONSTRUCTION DOCUMENTS AND CALCULATIONS MUST BE PROVIDED BY THE SPRINKLER INSTALLER FOR REVIEW AND APPROVAL.16. IT IS THE SPRINKLER SUB-CONTRACTORS RESPONSIBILITY TO DESIGN THE SPRINKLER SYSTEM TO ALL AREAS INCLUDING CONCEALED SPACES AND TO FIT WITHIN THE ROOF STRUCTURE AND AVOID LIGHT FIXTURES, FANS & MECHANICAL DUCT IN THE SPACES WITH EXPOSED STRUCTURE. AS HIGH AND TIGHT TO THEDECK AS POSSIBLE.17. SUBMIT ALL COLOR SAMPLES TO OWNER AND ARCHITECT FOR APPROVAL PRIOR TO CONSTRUCTION. ALLOW AMPLE TIME FOR SELECTIONS AND APPROVALS.18. DESIGN-BUILD SUB-CONTRACTORS ARE TO VERIFY THAT ALL APPLICABLE WORK IS IN THEIR SCOPE OF WORK AND THEREFORE IN THEIR RESPECTIVE BID. IT IS THE RESPONSIBILITY OF THE DESIGN-BUILD SUB-CONTRACTOR TO COORDINATE THIS WITH OTHER SELECTED DESIGN-BUILD SUB-CONTRACTORS.

1" = 40'-0"2

SITE PLAN

NOTE SITE PLAN IS FOR REFERENCE ONLY, ALL EXISTING SITE CONDITIONS TO REMAIN , NO NEW ADDITIONAL SITE WORK N

CURVE CREST BLVD.

WA

SH

ING

TO

N A

VE

.

3/32" = 1'-0"1

EXISTING ELEVATION

NOTE ELEVATION IS FOR REFERENCE ONLY, NO NEW WORK

1

1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

A A

B B

C C

D D

6

A1.0



NEW WALL

KEY

Project No :





Sheet Information

Drawn By :

Checked By :

Date :

Drawing No :



Printed Name

MICHAEL F. DIEM

Signature

DATE License #

Revisions

Item Date

2159 Curve Crest



D1

DEMO SHEET

15-111

MN SHOOTINGACADEMY

6-16-15

CAL

RT

Project Status

Owner

6-16-15

3/32" = 1'-0"1

DEMO PLAN

1

1

2

2

3

3

4

4

5

5

6

6

7

7

8

8

A A

B B

C C

D D

(5) NEW BOLLARDS

60' - 0"

24' - 8"

33' - 4"

2' - 0"

LANE 1

LANE 2

LANE 3

LANE 4

LANE 5

LANE 6

LANE 7

LANE 8

LANE 9

LANE 10

LANE 11

LANE 12

BULLET CATCHER AREA

22' - 0" 75' - 0" 15' - 0" 8' - 0"

8' - 0"

SAFETY CORRIDOR

VESTIBULE

100

RETAIL SPACE

101

LOUNGE VENDING

AIR LOCK

102GUN RANGE

103

WOMEN

104

MEN

105

OFFICE

106

OFFICE

107

OFFICE

108

GUN SMITH(OFFICE)

109

BREAK ROOM

110

STORAGE

111

ELEC.

112

DOCK

WAREHOUSE

113

102A 102

6

A1.0

STORAGE

114

114

TYP.

4' - 4"



NEW WALL

KEY

WALL TYPE 11

12" CMU CORE FILLED, SEE STRUCT.FOR REINFORCING

SEE SCHEDULE

SEE SCHEDULE

2"

F1HOLLOWMTL. FRAME

SEE SCHED.

SEE SCHED.

A

NON-INSULATEDH.M. DOOR

FLOOR PLAN100' - 0"

T.O.W.122' - 0"

A B C D

NEW12" CMU CORE FILLED,SEE STRUCT. FORREINFORCING

NEW STEEL BEAMS SEE STRUCT.

NOTE WALL AND CEILING STEEL PANELS FORBULLET RICOCHET PREVENTION BY OTHERS

EXISTING BAR JOIST BEARING 118'-0" EXISTING BAR JOIST BEARING 116'-0"

PROVIDE NEW FOOTING ASREQUIRED SEE STRUCT.

Project No :





Sheet Information

Drawn By :

Checked By :

Date :

Drawing No :



Printed Name

MICHAEL F. DIEM

Signature

DATE License #

Revisions

Item Date

2159 Curve Crest



A1.0

FLOOR PLAN

15-111

MN SHOOTINGACADEMY

6-16-15

CAL

RT

Project Status

Owner

6-16-15

N

3/32" = 1'-0"1

FLOOR PLAN

NOTES: 1. DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER

HARDWARE LEGEND

GROUP 1 INTERIOR LATCH SET,

BUTTS AS REQ'D1 EA CLOSER1 EA DOOR STOP1 EA LATCH SET

DOOR SCHEDULE

DOOR # FROM ROOM: NAME HEIGHT WIDTH DOOR TYPEFRAMETYPE

HDWRGROUP COMMENTS

102 RETAIL SPACE 7' - 0" 3' - 0" A F1 1

102A AIR LOCK 7' - 0" 3' - 0" A F1 1

114 RETAIL SPACE 7' - 0" 3' - 0" A F1 1

ROOM FINISH SCHEDULE

Number NAME WALL FINISHFLOORFINISH BASE

CEILINGFINISH

CEILINGHEIGHT COMMENTS

100 VESTIBULE

101 RETAIL SPACE

102 AIR LOCK

103 GUN RANGE

104 WOMEN

105 MEN

106 OFFICE

107 OFFICE

108 OFFICE

109 GUN SMITH (OFFICE)

110 BREAK ROOM

111 STORAGE

112 ELEC.

113 WAREHOUSE

114 STORAGE

1" = 1'-0"3

INTERIOR WALL TYPES

1/4" = 1'-0"4

FRAME TYPES 1/4" = 1'-0"

5DOOR TYPES

1/8" = 1'-0"6

SECTION

Ballistic & Acoustic

Ballistic Rubber Protection and Acoustic Systems The primary purpose of ballistic protection in a range is to help prevent injury and protect property from damage. Traditional ballistic systems are designed to simply redirect misfires and ricochets, not necessarily to stop their path and contain them. Range Systems ProTact™ ballistic protection systems provide a safer range environment by eliminating these hazards with full encapsulation of errant rounds and ricochets. Our proprietary ballistic rubber allows us to create the safest, cleanest and quietest ranges in the industry today. Here are some of the ballistic protection products where we use our ProTact systems:

Baffles

Safety Ceiling

Ballistic Sidewall Protection

Shooting Lane Dividers

Free-Standing Ballistic Shields

Acoustic Systems

Baffles Range Systems has a variety of baffle designs and options to suit your needs. The baffles on a range must be matched with the capabilities of the ammunition being fired on the range. While we have several levels of ballistic protection, with our proprietary ballistic rubber, we not only can provide you the safest shooting environment possible, but also improve the overall appearance of your range.

Whether you train from a fixed firing line or advance downrange, Range Systems baffle systems can be installed in a “no-blue sky” configuration so errant rounds cannot escape the perimeters of the range. Our baffles also protect downrange lights, columns, utilities or any type of protuberance that is in the line of fire. Simply put, Range Systems has the widest range of baffle options in the industry allowing you to choose both your level of protection and safety.

Sidewall Systems ProTacts™ Ballistic Sidewall System is ideal for tactical training, close range fire, angled fire, and any environment where shooters advance downrange. Our ballistic Sidewall System eliminates the potential hazard of ricochets and splatter from bullets impacting the sidewalls of the range. This allows you to not only advance down range, but have 270° range of fire, shoot cross lane as well as engage multiple targets at once.

• Tactical Training

• Angled Fire

• Close Range Fire

• Shoot Cross Lane

Ceiling System One of the most critical areas in a range where a misdirected shot could compromise personnel safety is the area from the firing line extending to twelve feet downrange. Range Systems ProTacts™ ballistic rubber ceiling system reduces the risk of injury of a vertically misdirected shot by stopping the path of the round and safely containing it.

Acoustic Systems There are many hazards on a shooting range, and one of the most overlooked is the noise. Obviously you have the noise of the guns firing, but also noise from bullet impact and reverberations. An effective noise control measure for firing ranges is ballistic rubber. Unlike steel and plywood ranges, ranges with ballistic rubber nearly eliminate bullet impact noise. In addition, our Acoustic Dura-Panel™ rubber with channeled exterior reduces reverberation as well. Noise is absorbed as the channels disrupt sound wave patterns so they quickly dissipate resulting in a noise reduction. Acoustic Dura-Panel has a Noise Reduction Coefficient (NRC) rating of 0.65.

When used as a component of a ballistic containment system, Acoustic Dura-Panel will capture and encapsulate bullets and fragments, prevent ricochet from trajectory angles as shallow as 12 degrees from the rubber surface, and reduce airborne lead particles.

Noise exposure assessment and abatement strategies for a indoor firing range. Exposure to impulse noise is common during the firing of weapons at indoor firing ranges. The aims of this study were to characterize the impulse noise environment at a law enforcement firing range; document the insufficiencies found at the range from a health and safety standpoint; and provide noise abatement recommendations to reduce the overall health hazard to the auditory system. Ten shooters conducted a typical live‐fire exercise using three different weapons‐‐the Beretta.40 caliber pistol, the Remington.308 caliber rifle, and the M4.223 caliber rifle. Measurements were obtained at 12 different positions throughout the firing range and adjacent areas using dosimeters and sound level meters. Personal and area measurements were recorded to a digital audio tape (DAT) recorder for further spectral analysis. Peak pressure levels inside the firing range reached 163 decibels (dB) in peak pressure. Equivalent sound levels ranged from 78 decibels, A‐weighted (dBA), in office area adjacent to the range to 122 dBA inside the range. Noise reductions from wall structures ranged from 29‐44 dB. Noise abatement strategies ranged from simple noise control measures to elaborate design modifications to eliminate structural‐borne sounds using acoustical treatments. Acoustical treatment of exposed walls, overhead baffles, safety ceilings, shooting stalls, and the range floor changes the surfaces from reflective to absorptive and significantly reduces the noise level in the range. These acoustical applications are specifically designed to absorb the loud reverberation of indoor gunfire, decrease the sound level within the range, and reduce noise transmission outside of the range.

In addition to keeping fired bullets from exiting the range, baffles offer protection for overhead lights, pipes, ventilation ducts, and other structures.

SAFETY BAFFLES™

INDOOR RANGES

WWW.ACTIONTARGET.COM • PO BOX 636 • PROVO, UT 84603 • P 801.377.8033 • F 801.377.8096

A critical safety concern on any indoor range is making sure bullets cannot escape to the outside. Using an innovative combination of steel, wood, and acoustical tile, Action Target Safety Baffles provide ballistic protection, sound abatement, and a polished, professional appearance.

®

U.S. PATENT # 5822936

To ensure you get exactly what you need for your specific range requirements, Action Target Safety Baffles come in four levels of protection.

WWW.ACTIONTARGET.COM • PO BOX 636 • PROVO, UT 84603 • P 801.377.8033 • F 801.377.8096®

Performance Characteristics

• Nearly impenetrable barrier• Protect lighting, ventilation, and other utilities and equipment• Help control acoustics and other sound issues• Match the grade of baffles to the scope of the range be it handguns or rifles.• Fixed firing line baffles: calculate line of sight from standing, kneeling, and prone positions• Tactical movement baffles: entire ceiling must be completely protected – not just certain areas• Baffles are different than deflectors

LEVEL 1: Baffles are made of 10-gauge steel and will deflect and contain most standard handgun rounds fired at an angle of at least 45 degrees from perpendicular. Some damage to the steel plate may occur. Repeated rounds impacting in the same area may breach the baffle.

LEVEL 2: Baffles are made of 1/4” mild steel and will deflect and contain standard handgun rounds fired at an angle of at least 45 degrees from perpendicular with little or no damage to the steel plate. Baffle will also deflect and contain standard handgun rounds fired at a perpendicular angle with some potential damage to the steel plate.

LEVEL 3: Baffles are made of 1/4” AR steel and will deflect and contain standard handgun rounds fired at a perpendicular angle with no damage to the steel plate. Baffle will also deflect and contain high power rounds (.223 and .308) fired at an angle of at least 45 degrees from perpendicular. Some damage to the steel plate may occur.

LEVEL 4: Baffles are made of 3/8” AR steel and will deflect and contain standard handgun rounds fired at a perpendicular angle with no damage to the steel plate. Baffle will also deflect and contain high power rounds (.223 and .308) fired at a perpendicular angle. High power rounds fired at a perpendicular angle will cause damage to the steel plate. Repeated high power rounds fired at a perpendicular angle impacting in the same area may breach the baffle.

Complete ballistic containment that will safely direct ricochet and splatter away from the shooter. Available in handgun and rifle rated configurations.

wall baffle

www.aCTIONTaRGeT.COM • PO BOX 636 • PROVO, UT 84603 • P 801.377.8033 • f 801.377.8096

Action Target’s Wall Baffle system is designed to keep errant rounds safely contained within the shooting range while not damaging the structure of the building. Wall Baffles are available in configurations capable of containing both handgun and standard rifle calibers (5.56, 7.62, etc.).

®

indoor ranges

Standard Accessories

Optional Accessories

Mounting Requirements

Height

Width

Thickness

• Plywood

• Acoustic paneling

• Rubber covering

• Various acoustic tiling options

• CMU / Concrete wall / drywall / plywood styuds / self supporting wall

• 4’ to 40’

• Unlimited

• 2” to 8”

All impact surfaces on the Wall Baffles are made of through hardened AR500 steel. The joint system provides an overlapping and continuous barrier eliminating any gaps through which rounds may escape. The overlapping joint design also allows wall baffles to be modular to fit any range. Wall Baffle panels are available in 1/4” and 3/8” thicknesses depending on the range requirements. In order to contain impacts from rifle calibers at various angles (including perpendicular shots), 3/8” steel must be used. All steel panels are cut on computer controlled, high-definition plasma cutters and are prepped and painted to meet SP-6 specifications. No flame cutting of any type is used.

www.aCTIONTaRGeT.COM • PO BOX 636 • PROVO, UT 84603 • P 801.377.8033 • f 801.377.8096®

Shooting Range Sound Test Action Target conducted a test on Saturday December 7, 2002 to determine the level of sound emitting from an uninsulated indoor range. We used the facilities of Rangemasters of Utah located at: 712 West 1300 North Springville, UT 84663. The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The walls are solid grout CMU block. Above the baffles is a wood truss assembly with standard roof construction and no insulation. This range is located in a light industrial area. There is one City access road to the north about 200' that has moderate traffic. Other roads in the area are south of the range with very little traffic. We took our sound measurements moving away from the building to the west through an open lot. The next building to the west is 500' away. The lane we used for our testing in the range was just inside the western wall shooting to the north. The equipment used for this test was a Larson-Davis hand held meter, model DSP80 (see attached spec sheet). In order to produce the worst case scenario we used a 50 caliber BMG rifle. The rounds fired were TTI Armory FMJ Ball 647 gr. (see attached spec sheet). All shots were fired from the 25 yard line. The test was conducted from six positions outside the range. At each distance three measurements were taken; ambient sound, normal conversation, and peek levels with a single shot fired in the range. The results are as follows: Distance Ambient db Conversation db Shot Fired db 10' 50 75.2 84.3 Traffic 55 100' 50 74.9 71.9 200' 50 72 66.9 300 47 72.6 59.2 400 45.5 71.5 54.3 450 43.5 72.5 56.9 The reading from 450' when the shot was fired increased slightly from the reading at 400'. We believe this was due to reverberation off the building to the west. This test was conducted by employees of Action Target namely; Layne Ashby, Ernie John, Justin Briggs, and Jarom Xochimitl. Sincerely, Layne Ashby Action Target, Inc.

Shooting Range Sound Test Action Target conducted a test on Friday April 18, 2008 to determine the level of sound emitting from an insulated indoor range. This test was conducted on the shooting range listed: Get Some Guns 6651 S. State Street Murray, UT 84107 The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The walls are solid grout CMU block. Above the baffles is a steel truss assembly with standard roof construction and fiberglass insulation. This range is equipped with sound absorbing panels with a .95 NRC rating to reduce reverberation time. This range is located in a commercial area. State Street is west of the range about 20' and has heavy traffic. Other roads in the area are on all sides of the range with little traffic. We took our sound measurements moving away from the building to the north, west and east through the parking lots. The closest buildings to the range are: North Sam's Club 500+' away South Commercial strip center 25' away West Commercial strip center 100' away East Residential homes 70' away There were 4 shooters in lanes in the south bay of the range just inside the southern wall shooting to the east. The shooters were shooting 9mm and 40 cal handguns. The equipment used for this test was a RadioShack digital hand held meter. Sound levels were measured in the A-weighting scale with frequencies from 500 to 10,000 Hz. The test was conducted from five positions outside the range and readings at the shooting line in the range. At each distance three measurements were taken; ambient sound, traffic, and peek levels with shots fired in the range. The results are as follows: Distance Ambient db Traffic db Shot Fired db In the range 79 -- 107 In the Gun store 64 68 72 10' south 61 68 67 50' east 56 63 61 State St. sidewalk 53 64 54 200' north 54 63 55 The readings from 50' east and 10' south increased slightly from the other readings. We believe this was due to reverberation between the buildings. This test was conducted by Layne Ashby of Action Target with assistance from Skyler Wallin of Get Some Guns.

Shooting Range Sound Test Action Target conducted a test on Friday May 2, 2008 to determine the level of sound emitting from a well insulated concrete tilt-up indoor range. This test was conducted on the shooting range listed: Whistling Pines Gun Club 1418 Woolsey Heights Colorado Springs, CO 80915 The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The walls are solid tilt-up concrete. Above the baffles is a steel truss assembly with standard roof construction and fiberglass insulation. This range is equipped with sound absorbing panels with a .95 NRC rating to reduce reverberation time. This range is located in an industrial area. Markshuffle Street is east of the range about 500' and Hwy 124 is South about 1000', both with heavy traffic. Other roads in the area are on all sides of the range with little traffic. We took our sound measurements moving away from the building to the north, south, west and east through the parking lots. The closest buildings to the range are: North Storage yard 300' away South Open field West Industrial offices 200' away East Industrial offices 200' away There were 6 shooters in lanes in the east bay of the range just inside the eastern wall shooting to the north. The shooters were shooting 9mm handguns. The equipment used for this test was a RadioShack digital hand held meter. Sound levels were measured in the A-weighting scale with frequencies from 500 to 10,000 Hz. The test was conducted from 10 positions outside the range and readings at the shooting line in the range. At each distance three measurements were taken; ambient sound, traffic, and peek levels with shots fired in the range. The results are as follows: Distance Ambient db Traffic db Shot Fired db In the range 76 -- 102 In the Gun store 50 -- 62 10' east 63 67 68 50' east 54 68 67 100' east 61 68 66 50' west 62 66 65 100' west 63 67 65 50' north 77 -- -- 100' north 58 60 59 50' south 63 67 66 100' south 64 66 66 It was very windy the day of this test which made it very difficult to collect these reading. The wind

gusts were much louder than the traffic or shots fired. The readings on the north side of the building were higher due to the HVAC equipment. The shots fired were nearly undetectable as we moved away from the range building. We believe this is due to the construction type and insulation of the building. This test was directed by Layne Ashby and conducted by Wayne Ashby of Action Target with assistance from Kevin Klesser of Whistling Pines Gun Club.

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