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3. Limit the use to a location that is distinctly away from residential and • other protected uses by using a conditional use permit. (A conditional use permit must be approved by the city council if a proposed business meets reasonable conditions It requires notifying property owners within 350 feet of the property Recommendation Definition. Staff recommends that the definition of stores that sell firearms include any and all stores that deal in firearms including sporting goods stores and antique firearms sales. This recommendation is based upon knowledge of the type of retail space available in Falcon Heights, which is typically small in area and is near residential property. Given this, it is unlikely that a major retail sporting goods store will locate in the city. It is also very difficult to define a portion of a business as an accessory use. It can be defined by using the percentage of floor area occupied by firearms, but this might not limit the amount of firearms being purchased from the shop. Using the percentage of sales of firearms is extremely difficult to track and requires vigilance by the city. Staff recommends considering the definitions proposed by the City of Minneapolis with some modifications (attachment 2). Location. In order to put maximum locational control on stores that sell firearms and, yet, permit stores that sell firearms in the city, staff recommends allowing stores that sell firearms as a conditional use in the B-3 Community Business District, which has the widest variety of uses on the city's busiest intersection (attachment 3). The conditions would specify a location that is distant from protected uses like Curtiss Field Park, the church (which has a city playroom for young children) and the school. The best location appears to be at the northwest corner of Snelling and Larpenteur (attachment 4). All conditions on the property would be specified in the city code so any applicant, and neighboring property owners, would know whether or not the city council was required to approve the conditional use permit. Conclusion In the interest of proceeding with completion of the commercial development moratorium, at this time the commission should generally determine how to define and zone for stores that sell firearms. When this direction is given to staff, the specific language for the ordinance will be drafted for the next planning commission meeting. If work moves along, a public hearing on the proposed ordinance amendment could be scheduled for April, 1995. This will keep the process moving along and meet the city council's desired timeline. • 3