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HomeMy WebLinkAboutPCAgenda_95Feb27PLANNING COMMISSION AGENDA February 27, 1995 7 p.m. ROLL CALL: Tom Brace _ Lee Barry _ Alex Hanschen _ Paul Kuettel _ Ken Salzberg _ Wendy Treadwell _ Betty Wilcox _ Sue Gehrz 1. CALL TO ORDER 2. APPROVAL OF MINUTES November 28, 1994 3. CITY COUNCIL MINUTES 4. Introduction of new members and new council liaison Alex Hanschen Betty Wilcox Sue Gehrz 5. Election of Chairperson 6. Request of a variance to the maximum allowable floor area of 1,000 square feet for 15796 Hamline Avenue to allow a 1,450 square foot cafe/restaurant in a B-1 district, chapter 9 §8.01 subd. 2(k) of the zoning code 7. Discussion on zoning for stores that sell firearms 8. Planning education workshops 9. ADJOURN ~~-a~ MINUTES REGULAR PLANNING COMMISSION MEETING November 28, 1994 PRESENT ABSENT ALSO PRESENT Lee Barry (Chair) Sam Jacobs, Council Liaison Susan Hoyt,Administrator Tom Brace Carla Asleson, Planner Paul Kuettel Lisa Lampi Ken Salzberg Wendy Treadwell Meeting was called to order 7 p.m. by Chair Barry. Minutes of October 24, 1994 minutes approved as written. PUBLIC HEARING ON THE PROPOSED COMPREHENSIVE PLAN AMENDMENT FOR AN INTERIM STRATEGY FOR NONPOINT SOURCE POLLUTION CONTROL Susan Hoyt, city administrator, explained that the Metropolitan Council is requiring cities to adopt an interim strategy for nonpoint source pollution control for future development. She said the proposed interim strategy basically adopts two standards, Statewide Standards for Management of Shoreland Areas and Protecting Water Quality in Urban Areas related to nonpoint source pollution control. David Nyberg, an engineer specializing in water quality issues, was introduced. He described the regulations and the impact of this proposed amendment to the city's comprehensive plan. He explained that the strategy has three basic requirements. The first requirement is that local governments must adopt design standards for new storm water ponds that will reduce the contaminant loadings from the surface runoff; second, local governments must follow Best Management Practices as outlined in MPCA and MNDOT publications; and three, local governments must adopt the Minnesota Department of Natural Resources shoreland regulations. Since Falcon Heights is fully developed, these standards have little impact on the city but they are still a required element in the city's comprehensive plan. Mr. Nyberg requested that the commission recommend adopting a resolution approving this comprehensive plan amendment to be consistent with the Metropolitan Council requirements. Public Hearing opened at 7:10. There being no one wishing to be heard, the public hearing closed at 7:1 1. Salzberg moved to recommend to the city council to approve a comprehensive plan amendment for an interim strategy for nonpoint source pollution control. Seconded by Lampi. Passed unanimously. REQUEST FOR RECOMMENDATION TO THE CITY OUNCIL REGARDING PARKING RESTRICTIONS ON TATUM Hoyt gave a brief background on the parking situation on Tatum. She said because Tatum is a through street and a major university access point, the residents have complained that it has become a free parking location for university employees and students. She explained that an increase in the number of non-residential cars parked along Tatum may be the result of the elimination of parking along Cleveland since its reconstruction in 1993. It also may be due to the elimination of parking during warm weather at Gibbs Farm and the lot adjacent to the University playing fields. She said that more consistent enforcement of parking restrictions is anticipated in 1995 with the addition of a 24 hour police officer. There have been no recorded vehicle accidents along Tatum Street in the past two years. Hoyt also mentioned that because Tatum is a public street, parking cannot be reserved for the exclusive use of residents only. Asleson explained the current parking restrictions on Tatum and surrounding streets. She said parking is restricted to two hours during weekdays on the southern 1 /2 of the west side and the southern 1 /3 of the east side. These restrictions were authorized by the city council in 1979 after receiving a petition from 1 1 Tatum Street residents. Asleson said a survey showed that the majority of cars parked on Tatum on a regular basis between 8 a.m. and 4 p.m. on weekdays belong to non-Tatum Street residents and that there is an average of 1 1 cars parked on the street during the day. Very few cars park in the two hour parking area in the southern half of Tatum probably because they are looking for a longer term parking arrangement. She mentioned that when cars are parked on both sides of the street, two passing cars have very little room to get by, but that this is typical for a residentially designed street. Asleson said a letter had been sent to all property owners on Tatum and Lindig informing them of the planning commission meeting. A resident of Tatum had also distributed a form to Tatum Street residents, asking for input on the parking situation. Asleson gave a brief summary of the responses as submitted by Tatum residents. Ten responses were received prior to the meeting and many were turned in during the meeting. Four available options were outlined: 1. Determine that the increased Tatum Street parking is not enough of an inconvenience at this time to need a change in the parking restrictions. I 2. Extend the two hour parking zone north on the east side of Tatum to approximately 1804 Tatum Street to make the parking restrictions parallel on both the east and west sides of the street. If long-term parking is perceived to be a problem only by those residents living in the middle of Tatum, this option would eliminate their particular concerns while reserving open parking to the north. The planning commission would have the opportunity to extend the two-hour zone at a later date should the need arise. 3. Expand the two hours parking, 8 a.m. to 4 p.m. Monday through Friday, along both sides of Tatum Street. If long term parking during the weekdays is perceived as a problem by most Tatum Street residents, this should eliminate this problem on weekdays. 4. Restrict the two hour parking to one side of Tatum Street only, extended from Roselawn to Larpenteur. This would lessen "bottlenecking" but would not increase vehicle turnover. Asleson commented that if two hour parking from 8 a.m. to 4 p.m. became a problem for residents along Tatum Street, residential permit parking would be an option. This option would require that 75% of property owners in the neighborhood petition for permits to allow the residents to park without regard to the two hour posting. The permits cost $10 a year to offset administrative costs. Lindig Street could potentially become a problem if new parking restrictions are imposed on Tatum Street. One answer to this problem would be to also sign Lindig to two hour parking. However, staff would recommend leaving Lindig Street unregulated. Lindig is a narrower, less visible street that may not attract parkers. The planning commission would have the option of regulating Lindig if the need arose. Chairperson Barry asked for comments from the Tatum Street residents attending the meeting. Jim Colten, 1760 Tatum, felt that safety was a big issue. He said Tatum carries a lot of bicycle traffic and the good condition of Tatum encourages high speeds. Frank Irving, 1745 Tatum, agreed that the parking situation on Tatum is a safety issue. He said with the traffic light on Larpenteur and Fairview, some come down Tatum to avoid Fairview. Also, pedestrians and bicyclers are out in the morning and afternoon hours with small children running out between the parked cars. Sarah Gregerson, 1890 Tatum, felt the speed of cars on Tatum and cars parked on both sides is a definite hazard. She thought single side parking would help with safety issues. Lisa Lovedahl, 1823 Tatum, favored two hour restrictions on the entire street with perhaps speedbumps. She said there is no place for the children to walk safely. Joe Jancsek, 1808 Tatum, said many students have vans or pickup trucks and it is very difficult to see around them. He questioned why the city hall property couldn't be used for the student parking. Administrator Hoyt responded that the city does not furnish parking for the university. Warren Fall, 1837 Tatum, questioned who exactly is parking on Tatum. Asleson said a check of license plate numbers showed that non-Tatum Street residents are parking there. He asked why Prior Avenue is designated as no parking. Hoyt said it must be kept open because it is a turn around for fire and emergency vehicles. Meredith Stockford, 1804 Tatum, was concerned about safety issues. She said cars are being parked in front of mailboxes and often garbage trucks and UPS trucks cannot get up to the homes. Bicycles and rollerblades are becoming more prevalent on Tatum. She preferred one side parking, or, in the alternative, removal of all no parking signs. (See attached list of residents submitting comments and/or attending the meeting.) After a discussion of the residents' comments by the commissioners, Lampi moved to recommend to the city council that the entire length of Tatum and Lindig streets be signed for two hour parking 8 a.m. to 4 p.m., Monday through Friday. Treadwell asked that the motion be amended to strike signing Lindig. She felt the commission should wait and touch base with the Lindig residents first. The motion as presented by Lampi was seconded by Kuettel and passed unanimously. CONSIDERATION OF AN EXTENSION TO THE MORATORIUM ON STORES THAT SELL FIREARMS Hoyt reported that stores that sell firearms is the only use remaining under the interim development moratorium adopted in March, 1993. She said that staff is continuing to gather information from other cities including zoning regulations and definitions of such stores. After a brief discussion, Salzberg moved to recommend amending ordinance Chapter 5, § 5.04 to extend the interim moratorium until March 31, 1995. Seconded by Brace and unanimously approved. CANCELLATION OF DECEMBER MEETING Commission voted to cancel the December planning commission meeting. The next meeting would be held on January 23, 1994 Meeting adjourned at 8:30 p.m. Carla Asleson, City Planner Dee Swenson, Recording Secretary City of Falcon Heights Planning Commission February 27, 1995 ITEM: Request for a variance of 450 square feet to the maximum allowable floor area of 1,000 square feet for 15796 Hamline Avenue to allow a 1,450 square foot cafe/restaurant in a B - 1 district, chapter 9 §8.01 subd. 2(k) of the zoning code SUBMITTED BY: Dirk Bordsen, property owner REVIEWED BY: Carla Asleson, Administrative Assistant/Planner Susan Hoyt, City Administrator REQUEST: A variance to permit expansion of an existing cafe/restaurant to a total area of 1,450 square feet, where a maximum of 1,000 square feet is permitted by code EXPLANATION/DESCRIPTION: Background • Currently, the Coffee Grounds coffee shop has a seatin ca acit of 9 p Y approximately 40 persons and a floor area of approximately 900 square feet. A cafe or restaurant is a permitted use in a B - 1 district, provided that it has a maximum floor area of 1,000 square feet (Chapter 9, §8.01 subd. 2 (k-. The current use also meets the parking requirements of the zoning code. A variance to the zoning code's maximum of 1,000 square feet of floor area is being requested because the applicant proposes to expand the floor area of the Coffee Grounds by remodeling interior area currently used as storage space. This request is not an addition to the building. The expansion would add approximately 550 square feet of floor space and includes a stage and seating area. To accommodate the additional seating, the zoning code requires that additional off-street parking spaces be added either on site or through arrangements with neighboring property owners. Conformance to Zoning Code Maximum F/oor Area -The maximum floor area allowed for a cafe in a B - 1 district is 1,000 square feet. The applicant is requesting a variance to remodel 550 square feet of existing building area and make the floor area 1,450 square • feet. Of the remodeled 550 square feet, 330 square feet is proposed for seating, 135 square feet for a small stage, and the remainder for an entryway. 1 Parking -Additional off-street parking is needed to make the proposed expansion conform with the zoning code. Chapter 9 § 13.04 subd. 6 (r) (16) requires that for every 2.5 additional seats created, there must be an additional off-street parking space established. As presented, the seating area would have a capacity of 21 seats, making nine additional parking spaces necessary. If the stage area were to ever be used for seating (and it would be prudent to assume that the current tenant or a future tenant may use this area for seating) an additional parking spaces would be required, for a total requirement of parking spaces (these numbers will be provided on Monday evening after consultation with the city building official). Because there is no additional land space available for parking on the shopping center site, the applicants have negotiated a private joint parking agreement (attachment 3) with the owner of the adjacent Hoyt/Hamline Auto Service Shop, 1565 Hamline Avenue. This agreement would allow Coffee Grounds patrons to use the auto shop parking area after the auto shop's business hours, which are 8 a.m. to 5 p.m., Monday through Friday (Coffee Grounds' peak parking times are Friday and Saturday evenings after 7;00 p.m. -attachment 4). There would be between 12 and 15 spaces available for use by Coffee Grounds patrons in the auto shop lot. Joint parking arrangements of this type are permitted by Chapter 9, § 13.04 subd. 5 (e) the zoning code. This section reads "off-street parking facilities for • a combination of mixed buildings, structures, or uses may be provided collectively in any "district" (except residential districts) in which separate parking facilities for each separate building, structure, or use would be required, provided that the total number of spaces provided shall equal the sum of the separate requirements of each use during any peak hour parking period" (emphasis added). Statement of Hardship for Variance Request Prior to the opening of the Coffee Grounds, the area currently being used as storage space was leased by a seafood wholesaler (this use is no longer permitted) and a small seafood deli. Mr. Bordsen states that there is a hardship because the storage area was previously used as leasable commercial space within the building and that an expansion of the Coffee Grounds is the only way that he can reasonably use that part of his building. Comments From Neighbors Staff sent letters to the properties abutting the Coffee Grounds and also to the two properties directly across from the building on Iowa Avenue. As of this • writing, no comments have been received by staff regarding this request. 2 Alternatives The Planning Commission has the following alternatives with respect to this request: 1. Recommend denial of the variance and require that the Coffee Grounds limit their business floor area to no more than 1,000 square feet. 2. Recommend approval of the variance to allow expansion to a total of 1,450 square feet, without further conditions. 3. Recommend approval of the variance to allow the expansion with conditions on off-street parking arrangements. RECOMMENDATION: Staff recommends that the Planning Commission adopt alternative #3 and approve the variance for an additional 550 square feet of floor are with parking conditions. The request meets all conditions for granting a variance, particularly Chapter 9, § 15.03 subd. 4 (c), that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The condition recommended by staff is that a joint parking agreement with Hoyt/Hamline Auto or other commercial/institutional property within one block • of the business be kept current and on file with the city. This parking arrangement for a minimum of spaces must continue if a new business with similar or greater parking requirements (as defined by the zoning code) should take the place of the Coffee Grounds. If a new business does not require the additional parking, the parking arrangement would no longer be necessary to satisfy the variance. ATTACHMENTS 1. Map of Coffee Grounds and Hoyt/Hamline properties 2. Sketch of proposed expansion area 3. Joint parking agreement between R. Paul White, Coffee Grounds, and Steven Horazdovsky, Hoyt/Hamline Auto 4. Statement of peak parking hours, Coffee Grounds 5. Proposed resolution 6. Standards for granting a variance ACTION REQUESTED Approve the requested variance of 450 square feet of chapter 9 §8.01 subd. 2(k) of the zoning code by adopting a resolution (attachment 5) that this property meets the standards for granting a variance (attachment 6), specifically 9 § 15.03 subd. 4 (c), that the amendment is necessary for the preservation and enjoyment of substantial property rights. 3 ~ ~ N Ov i , ~ ~ ~ - ~ i 9. W 53' ~ 5A' ~ _~ •• ~ .. -esq.` , (-- ~~Np nv E . 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' 1.1 .-~ 9~, ~~ ~i ~~~ ~ti ~ >`ul 1 I ~ ~~, ~` 1 ~ ~ ~ ~ ~ .~n~. ~ non I ` ' 3 ~ ~ ~! rY `l f ~ I ' I J ~ '~ - - ..._ ~' ---~ 1 ~ I ~ x 7 i 1' Y yy ~'% ~.. ~ ~ ~ ~~ I I ~~ SNP '~at a.~ ''9 t 1~1` --{It, . ~?I ~~ u + 1 j '~ !i t' ~ i l~ 7 ~ J i1 ti J ' ~ (~ d ~ ~ .. u ; .._ V .. -~ :._~._ ~. L-_ i I ~r ...~ ._...__._... ..- ,l-~.___ ____ ___ ----- ~ _ _. ...__... _.. . J _ ._ ..--_ .. _ ~ ..a __ . , ~ .. . I ~~ ~ ~ ~ > J i s .I~ ~n~ i ,, ~ . . I ~ '~~ ~/ ~ .'~/ ~.. ~3//l a-,~ n p s a~»Qa-~ ~~ ~.~~~o~ a3sodo~d 3 ~ Thy Coffey Grounds R. Paul White owner 1579 B Harnline Ave. l=a(con Heights, MN 55108 Planning Commission Falcon Heights Telephone 612 644,9959 Fax 612 774-2799 Mr. White, proprietor of the Coffee Grounds Restaurant, is requesting a variance in the parking space requirements for his business located at 1759 B Hamline Ave. in the Blomberg Shopping Center. Mr. Steven Horazdovsky of HamlinelHoyt Service, wil! allow aver-flow parking into their own lot far those hours of restaurant business which occur after the auto shop business hours. Any necessity for more off-street parking spaces would occur during such hours.. . As per the insurance carrier representative, Maguire Agency, the Coffee Grounds will provide the carrier with a detailed description of the area in question. The carrier will then provide a certificate of coverage. With all due respect, R. Paul White - owner Coffee Grounds; ,, _-~. i J f ~ /~ ,~ ~i''~' ~ .~.~ ~, Steven Horazdovsky -owner HamlinelHoyt Service !.n.l, ~. ln+l I ~ ~ I ~~~ 4 ~ The Coffee Grounds R. Paul White Telephone 612644-9959 owner Fax 612 774-2799 1579 B Hamline Ave. Falcon Heights, MN 55108 February 16, 1995 Planning Commission Falcon Heights Re: new construction on premises We will be expanding our business to better serve the community. Our current peak parking time is on Friday andlor Saturday evenings after lpm. Such need occurs while all our neighboring businesses have no open business hours, thus providing ample coffee shop parking spaces. If you have any questions, please contact us. 5;----. J ~R. Paul White -owner pmm 5 • No. 95-01 Date: 2/27/95 CITY OF FALCON HEIGHTS PLANNING COMMISSION RESOLUTION RESOLUTION GRANTING A VARIANCE FOR 15796 N. HAMLINE AVENUE On February 27, 1995, the Falcon Heights planning commission recommended granting the following variance requested for 15796 N. Hamline Avenue: Chapter 9, §8.01 subd. 2 (k) in the maximum floor area of a restaurant or cafe in a B - 1 zone; a variance of 450 square feet of floor area to allow 1,450 square feet of floor area where 1,000 square feet is allowed by the zoning code. • The plannina commission recommended approval of this variance with the followrna condition: That a joint parking arrangement with a commercial or institutional property within one city block of the subject property be kept current and on file with the city. This arrangement shall remain in effect for any tenant whose use requires, as defined by the zoning code, more off-street parking than is available on the property. At least off- street parking spaces, in addition to those on the subject property, must be provided during the business' peak business hours. The plannina commission adopted the following findings for recommending the grantina of the variance at 1579 B N Hamline Avenue• a. That the granting of the variance will not be detrimental to the public welfare; b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; d. That the variance will not impair an adequate supply of light and air • to adjacent property; e. That the variance will not impair the orderly use of the public streets; f. That the variance will not increase the danger of fire or endanger the public safety; g. That a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out; h. That the variance is not sought principally to increase financial gain of the owner of the property and that a substantial hardship to the owner would result from a denial of the variance. L~ Subdivision 4. Standards for Granting of Variance No variance shall be granted unless • the City Council shall make without qualification on the basis of evidence presented at the meeting the following findings: a. That the granting of the variance will not be detrimental to the public welfare; b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area; c. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; d. That the variance will not impair an adequate supply of light and air to adjacent property; e. That the variance will not impair the orderly use of the public streets; f. That the variance will not increase the danger of fire or endanger the public safety; g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to distinguish it substantially from • all of the other properties in the zoning district of which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out; h. Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance; i. Whether the conditions which give rise to the application for the variance arose after the adoption of this Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning district different from what it was under the Chapter. In the consideration of this item, the City shall make diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that can be solved through a proper application of a conditional use permit or an amendment of the Zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear that the property was purchased on such reliance. Subdivision 5. Conditions. The City may attach such conditions to the grant of the variance as it shall determine will be necessary or desirable to bring it within the • purpose and intent of the Chapter. A public record shall be maintained of such conditions. City of Falcon Heights Planning Commission February 27, 1995 • • Number: 7 ITEM: Discussion on zoning for store that sell firearms SUBMITTED BY: Susan Hoyt, City Administrator REVIEWED BY: Peter Bachman, City Attorney (legal aspects only -not staff report) EXPLANATION/DESCRIPTION: The planning commission is charged with recommending to the city council how to zone for stores that sell firearms within the city's commercial business districts. See the attached staff report for complete information on this. ATTACHMENTS: 1. Staff report dated 2/24/95 with attachments ACTION REQUESTED: 1. Staff report to commissioners 2. Discussion on how to proceed 3. Direct staff on what to bring back for March meeting. • City of Falcon Heights Memorandum DATE: 24 February 1995 TO: Planning Commissioners FROM: Susan Hoyt, City Administrato RE: Discussion on zoning for stores that sell firearms Introduction. The city currently has a commercial development moratorium on stores that sell firearms. The moratorium restricts the city from issuing a business license to any store that sells firearms until the moratorium expires on September 30, 1995. The purpose of the moratorium is to allow the planning commission and city council time to determine the most appropriate way for the city to zone for stores that sell firearms prior to permitting such a use to locate in the city, possibly in what may later be determined as an undesirable location. Although the city council approved an extension of the commercial development moratorium until September 30, 1995, its legal limit, to deal with this issue, the council encouraged the planning commission to make its recommendation to the city council by May of this year. Background Over the past two years, the planning commission studied and made recommendations to the city council on how to handle a variety of uses that were not included in the city's zoning code. These included adult uses, secondhand stores, pawn shops and precious metal dealers. The planning commission asked the staff to continue to study alternatives for how to deal with the use -stores that sell firearms. Attorney's comments. Most municipal regulation of firearms is specifically preempted by Minnesota Statute S 4471.633. In 1993 the Minnesota Legislature passed Minnesota Statute S 471.635 which provides in relevant part: Notwithstanding Section 471.633, a governmental subdivision may regulate by reasonable, nondiscriminatory and nonarbitrary zoning ordinances, the location of businesses where firearms are sold by a firearms dealer. For the purposes of this section, a firearms dealer is a person who is federally licensed to sell 1 firearms and a governmental subdivision is an entity described in Sections 471.633 and 471.634. Under 471.635, Falcon Heights is authorized to regulate the location of gun shops by "reasonable, nondiscriminatory and nonarbitrary zoning ordinances." Neighboring city. The City of St. Paul began to actively consider the location of stores that sell firearms when the St. Paul Firearms Store opened in the Hamline-Midway neighborhood in 1993. The location of the firearms store, which is near a neighborhood park and several residences, raised concerns by neighbors. The city council is currently considering an ordinance that restricts new gun shops and shooting galleries to an industrial zone (I - 1) and requires them to be 1,000 feet from any residentially zoned property or protected uses (parks, day-care centers, schools and churches) (see attachment 1). The distance requirements are based upon the philosophy that firearms stores are not well suited for residential neighborhoods. This proposed ordinance would effectively make almost all commercial firearms stores in the city non-conforming uses. This means the stores can continue to operate until they officially close their doors for a specific period of time as defined by city ordinance. Considerations When Falcon Heights considers how to zone for stores that sell firearms, two aspects of the ordinance must be considered. Definitions. First, it is important to define a store that sells firearms by defining a firearm and a firearms store. The definition of a firearms store can include all stores that deal in any type of firearms or it can exclude stores that sell sporting goods with firearms as an accessory use. The accessory use aspect would require defining what constitutes an accessory use, typically by percentage of floor space or percentage of sales. Location. Second, it is necessary to determine an appropriate location for a store that sells firearms within the city's commercial business districts. Three alternative approaches are available. 1. Permit the use in any of the city's business districts either as a permitted or conditional use. 2. Not include stores that sell firearms as a use in the city's commercial business districts. (This approach will require additional supporting material.) • , 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 • Presented By 1 2 An ordinance amending Chapter 60 of the Saint 3 Paul Legislative Code pertaining to Zoning; 4 adding provisions regulating the location of 5 firearms dealers 6 7 The Council of the City of Saint Paul Does Ordain: 8 9 Section 1 10 11 That Section 60.206.F. of the Saint Paul Legislative Code is hereby amended so as to add the following ~' definitions thereto: 3 Firearm Any weapon from which is propelled any missle projectile bullet or other mass through a barrel by means of explosives or gas or air but excluding antique firearm children's tox, 16 "BB" ~,un scuba gun, stud gun, nail~?un or similar industrial tool or medical instrument. 17 18 Firearms dealer. A person who is federally licensed to sell firearms and operates a gun shod, 19 i_n which firearms are sold from a permanent business location 20 21 ~~,~ 22 23 24 25 26 2g 29 g.~ 30 31 Section 2 32 33 That Section 60.207.G. of the Saint Paul Legislative Code is hereby amended so as to add the 34 following definition thereto: 35 Sun shop A business of an~size occupied by a firearms dealer where a majority of the floor area or dollar volume is devoted to firearms and ammunition dis~lav and sales• or a business of anX 38 size where firearms and ammunition sales is a section or subpart of a larger store such as sporting 39 goods and hardware stores where the sales area devoted to firearms and ammunition is ~~00„~„~ square 40 feet or more. 41 . ~~- ~i9~.E. ~. - ~f~'l~ PAS ~ tea- ~H ~s r; T-,~ T~ ~N~ T yE T - Cow . ~~~~~ ~ _ Grp ORDINANCE CITY OF SAINT PAUL, MINNESOTA 1 Section 3 That Section 60.614 of the Saint Paul Legislative Code is hereby amended to read as follows: 4 5 Sec. 60.614. Principal uses permitted subject to special conditions. 6 7 The following additional uses shall be permitted subject to the conditions hereinafter imposed 8 for each use and subject to the standards specified for all special condition uses as set forth in section 9 64.300(c). All principal uses permitted subject to special conditions shall be reviewed and approved by 10 the planning commission. 11 12 (1) All uses as permitted and as regulated in the B-3 Business District under principal uses 13 permitted subject to special conditions. 14 15 (2) Airports. 16 17 (3) Outdoor (drive-in) theaters subject to the following conditions: 18 19 a. The proposed internal design shall receive approval from the city engineer as to 20 the adequacy of drainage, lighting and other technical aspects. 21 22 b. Outdoor theaters shall abut directly upon a major thoroughfare, with their points 23 of ingress and egress available only from said major thoroughfare. 4 ~5 c. For vehicles waiting or standing to enter the facility, there shall be provided for 26 off-street waiting space for no less than fifty (50) automobiles. 27 28 d. The area shall be laid out so as to prevent the movie screen from being viewed 29 from residential areas or adjacent major thoroughfares. 30 31 (4) Television and radio towers, public utility microwave towers, and public utility television 32 transmitting towers, subject to the following conditions: 33 34 a. Said use shall be located centrally on a continuous parcel having a dimension 35 equal to the height of the tower measured from the base of said tower to all 36 points on each property line. 37 38 b. The proposed site shall receive approval from the city engineer as to adequacy of 39 drainage, lighting, general safety and other technical aspects. 40 41 (5) Prisons, reformatories and other correctional institutions which are not community 42 residential facilities. 43 44 (6) Race tracks. 45 (7) Railroad yards, shops or similar facilities. 7 1 (8) Heliports and helistops, public and private, located at an airport, subject to the following conditions: 4 a. The heliport and helistop shall be located at least one thousand (1,000) radial feet 5 from any residentially used or zoned property, measured in a straight line from 6 the closest point of the takeoff and landing area to the property line of the closest 7 residentially used or zoned property. 8 9 b. The applicant shall perform a noise analysis to determine whether upon 10 establishment of the heliport or helistop the Noise Pollution Control Rules, 11 Chapter 7010, of the. Minnesota Pollution Control Agency, would immediately be 12 violated. If the analysis shows that the rules would be violated, the applicant shall 13 take measures to prevent the potential violation before the heliport or helistop is 14 established. 15 16 c. The heliport or helistop shall be constructed, operated and maintained in 17 accordance with the rules and regulations of the Federal Aviation Administration 18 (FAA) and State of Minnesota. Documentation that the FAA and state have 19 approved the heliport or helistop shall be included with the application. 20 .l d. A site plan of the proposed facility and an area map showing the distance 22 between the proposed take-off and landing area and the nearest residential 23 property shall be provided to the commission. (9) Overnight shelters as permitted and regulated in the B-5 Central Business-Service 26 District. 27 28 (10) Municipal and commercial yard waste sites for storage, transfer or composting of yard 29 waste, subject to the following conditions: 30 31 a. Only yard waste and no other types of solid waste shall be accepted; 32 33 b. The municipal or commercial yard waste site shall be located no closer than three 34 hundred (300) feet from any residentially used or zoned property as measured 35 from the edge of the nearest compost pile to the nearest residentially used or 36 zoned property; 37 38 c. The municipal or commercial yard waste site shall be enclosed by fencing or shall 39 limit vehicular or pedestrian access through the use of berms, trees or other 40 means. The site may have greenhouses for composting yard waste; 41 42 ~d. The height of the compost pile shall be limited to no higher than fifteen (15) feet 43 above grade; and 44 45 e. The municipal or commercial yard waste site shall be maintained cleanly including immediate removal of waste materials deposited on or near the site which cannot be composted. 48 t 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (11) Gun shons_ and shooting_galleries subject to the following conditions• a ~ gun shoe or shooting_gallery is locat ed at least one thousand (1000) ra dial feet from anv res identially zone~..pr~er~ y and from anv 'brotected ice "de fined ~: A group day care center which has a business ign indicating this use a hou e of worshin• a pub lic library a school tpub lic parochial or private elementa ry tumor high or hig h school)• a public regio nal park or pa _ r lc~av ublic park public ' recreation center or public specialized re creation facility as identified in the parks and recreation el ement of the Saint Paul Comprehensiv e Plan The distance hall be measured in a straight line from the cl osest point of the property line of the building m which the gun shop is located to the close t point of the nrope line Qf the protected use: .~ The gun shop or shooting ag llery meets the required firea dealer cecuri,~y standards as mandated by Minnesota Statutes Section 624 7161 12) Accessory buildings, structures and uses, as defined in Section 60.201. 19 Section 4 20 21 That this ordinance shall take effect and be in force thirty days from and after its passage, approval 22 and publication. 23 • Yeas Navs Absent Blakey Grimm Guerin Xarris Meaard Reitman Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date Requested by Department of: By: Form Appr ved by City Attorney ~~ ~ /. '! --~ ~ ~ ; Approved~by Mayot for Submission to Council U By: By: ~~~ N~ 296 PED-Planning CONTACT PERSON b PHONE Soderholm/Bunnell 66575/66585 ' '~dUST BE ON COUNCIL AGENDA BY (DATE) INITIAV~ CITY COUNCIL O CITY CLERK FIN. d MGT. SERVICES-DIRy. ~ Planning TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RF,QUESTED: Receive and approve Planning Commission adopted Gun Shop Zoning Study which addresses concerns about the locations of gun shops in Saint Paul. RECOMMENDATIONS: Approve (A) or Rejep (R) A PLANNING COMMISSION _ CIVIL SERVICE COMMISSION CI9 COMMITTEE - . A STAFF _ DISTRICT COURT _ . SUPPORTS WHICH COUNCIL OBJECTIVET s=3i~-94~ GREEN SHEET INITI DEPARTMENT DIRECT ASSIGN ITY ATTORNEY NUMBER FOR ROUTING a BUDGET DIRECTOR ORDER ®MAYOR (OR ASSISTANT) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: t. Has this person firm ever worked under a contract for this department? YES NO 2. Has this persoNfirm ever been a city employee? YES NO 3. Does this person/tirm possess a skill not normally possessed by any current city employee? YES NO Explain all yes answers on separate sheet and attach to green sheet •-- • INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What. When. Where, Why): City Council in June 1993 requested that this issue be studied at the same time that it imposed a moratorium within the City of Saint °aul on the location:;of-a'dd~itional firearm businesses within 1,000 feet of a protected use. ADVANTAGES IF APPROVED: The report responds to the numerous concerns about the locations of gun shoos in the C= It recommends that gun shops and shooting galleries be permitted in the I-1 zoning disc subject to a special condition use permit, with one condition requiring that such uses E located at least 1,000 feet from residentially zoned orooerty and from protected uses. recommendations would legally non conform most existing gun shoos in the City. DISADVANTAGES IF APPROVED: None identified for children and neighborhood residents. Ne~v gun shops would be restricted to I-1 zoning districts and to sites located at least 1,000 feet from residentially zoned property and from protected uses. DISADVANTAGES IF NOT APPROVED: The City would continue to permit gun shops to locate in commercial areas close to residential uses and close to protected uses. The numerous concerns raised about the locations of gun shops by residents would appear to be ignored by the City. TOTAL AMOUNT OF TRANSACTION S FUNDIIJG SOURCE YES NO COST/REVENUE BUDGETED (CIRCLE ONE) NUMBER DEFINITIONS: DRAFT DRAFT 3/24/94 • Gun Shop: A building or area in which the principal activity is the transfer, including sale, lease, trade, or other transfer, of firearms or ammunition. The term "firearm" means: (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; but does not include a device commonly known as a "BB" gun, a scuba gun, a stud or nail gun used in the construction industry, or a pop gun or toy gun. (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm. The term destructive device means: i. any explosive, incendiary, or poison gas; (bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or incendiary charge of more than one quarter ounce, mine, or device similar to any of the devices described in the preceding clauses); . ii, any type of weapon (other than a shotgun or a shotgun shell which is generally recognized as particularly suitable for sporting purposes) by whatever name known which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one-half inch in diameter; and iii. any combination of parts either designed or intended for use in converting any device into any destructive device described in subparagraph (A) or (B) and from which a destructive device may be readily assembled. The term antique firearm means: i. any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; and ii. any replica of any firearm described in subparagraph (A) if such replica: a. is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or b. uses rimfire or conventional centerfire fixed ammunition which is • no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade. Firearms Dealer means: (A) any person engaged in the business of selling firearms or ammunition at wholesale or retail, (B) any person engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to firearms, or (C) any person who is a pawnbroker. Ammunition means: ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm. 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