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HomeMy WebLinkAbout2015-07-27 PACKET 06.1.STAFF REPORT CASE: C U P2015-021 ITEM: 6.1 PUBLIC MEETING DATE: 7/27/15 TENTATIVE COUNCIL REVIEW DATE: 8/12/15 APPLICATION APPLICANT: 3M Trap & Skeet Club REQUEST: A conditional use permit amendment to allow for the construction of an additional detached 24 -foot by 36 -foot accessory storage structure and a picnic shelter. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 9600 105th Street Court South 1-3, Heavy Industry Industrial LAND USE OF ADJACENT PROPERTIES: CURRENT NORTH: Highway 61 EAST: Industrial SOUTH: Industrial WEST: Industrial SIZE: N/A DENSITY: N/A RECOMMENDATION GUIDED Highway 61 Industrial Industrial Industrial Approval, subject to the conditions stipulated in this staff report. Cottage COTTAGE GROVE PLANNING DIVISION J Grove k+ere Pride aad PjpzPetlty Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; iburbank(o)cottage-grove. org Application Accepted:. 60 -Day Review Deadline: City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report 3M Trap & Skeet Club Conditional Use Permit Amendment Case CUP2015-021 July 27, 2015 Proposal 3M Trap & Skeet Club has applied for a conditional use permit for the expansion of a non- conforming use to allow for the construction of a 24 -foot by 36 -foot detached accessory storage structure and a picnic shelter at 3M Cottage Grove, 9600 105th Street Court South. :\ F c SITE " \, r MIIl P9V GTS 1057"SIPEET CTS \ P'.. n v v c A O r n Location Map Site Orthophoto Planning Commission Staff Report 3M Trap and Skeet Club — CUP Expansion of a Nonconforming Use July 27, 2015 Page 2 of 7 Background In February of 1969, 3M (Minnesota Mining and Manufacturing Company) received a special use permit to operate a trap and skeet field (Resolution No. 69-8, which is attached). There are 11 conditions of approval in that resolution. The Public Safety archives for the last ten years were reviewed and did not reveal any incident reports on the site. The site is guided Industrial and zoned 1-3, Heavy Industrial. The range is operated on land owned by 3M by a company activity club. Property Characteristics The site has an existing clubhouse, a detached accessory storage structure, and a variety of an- cillary range improvements. The parking lot surface is gravel and there are a variety of cultivated trees on the improved portion of the site. Existing Facilities Detail Planning Considerations Outdoor shooting ranges are not a permitted use in the 1-3 zoning district, so the use is classified as a legal non -conforming use. Expansion of non -conforming uses is permitted via conditional use permits per the City Code. The purpose of the application is to allow for the expansion of the non -conforming use to allow for the construction of a 36 -foot by 24 -foot detached accessory storage structure and a 36 -foot by 24- Planning Commission Staff Report 3M Trap and Skeet Club — CUP Expansion of a Nonconforming Use July 27, 2015 Page 3 of 7 foot picnic shelter at the range. The storage shelter will be utilized for storing clay pigeons and other materials related to the operation of the site. Chapter 87A of the State Statutes regulates shooting ranges and allows for their preservation if compliant with the statute. Ordinance Criteria When reviewing conditional use permits, the Planning Commission looks to Title 11-2-917; Criteria for Issuance of Conditional Use Permits, as the guiding doctrine for review. This section states that in granting a CUP, the City Council shall find that: 1. The use will be in conformity with the City's Comprehensive Plan and with the purpose, intent and applicable standards of this Title. 2. The use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district in which it is located. 3. The use shall not depreciate values of surrounding property. 4. The use shall not be hazardous, detrimental or disturbing to present and potential surrounding land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness or other nuisances. Planning Commission Staff Report 3M Trap and Skeet Club — CUP Expansion of a Nonconforming Use July 27, 2015 Page 4 of 7 5. The use shall generate only minimal vehicular traffic on local streets as defined by the transpor- tation element of the Comprehensive Plan. The use shall not create traffic congestion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use shall be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the City. 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. The City's Technical Review Committee reviewed this application under those criteria. The Com- mittee found that the criteria could be met and recommended approval of the CUP for the requested expansion. In reviewing the ordinance criteria in relation to this case, all of the criteria could be answered affirmatively given the location and size of the expansion in conjunction with the history of the use on the site. The applicant's response to the ordinance criteria is attached. Operation Schedule Section 87a.03 of State Statutes allows for shooting activities between the hours of 7:00 a.m. and 10:00 p.m. when a range is in compliance with the statute criteria. The statute allows cities to extend the hours of operation by conditional use permit, but not restrict the hours. The approved resolution for the site allows for shooting activities between the hours of 10:00 a.m. and 10:00 p.m. On established shooting days, the Club shoots from 10:00 a.m. to dusk, as there are currently no lights on the range. The days of operation are typically Tuesday, Wednesday, Thursday, and Sunday. Sunday hours are 11:00 a.m. to dusk. The shooting activities are broken into several six to ten week programs of activity throughout the year including the winter. The Club currently works with the Trap and Skeet Clubs of Hastings and Park High School to allow for practice and compe- tition events. This activity is a 10 -week program in the spring on Sundays from 11 a.m. to before 8:00 p.m. and Mondays from 3:30 p.m. to before 8:00 p.m. Noise Section 87a.05 of the State Statutes addresses the allowable noise standards related to operation of a gun range. Residents of adjacent properties in the area of the site have reported concern over noise levels from shotgun reports that can be heard in the surrounding area when the range is in operation. A letter of opposition to the expansion of the site based on noise was received by the City; it is attached to this staff report. Site Access The planned improvements do not impact the existing ingress and egress drives to the site. Planning Commission Staff Report 3M Trap and Skeet Club — CUP Expansion of a Nonconforming Use July 27, 2015 Page 5 of 7 Handicapped Accessibility The construction of the picnic shelter will require that handicapped accessible parking, signage, and access routes related to the shelter be brought into compliance for the site. Parking No additional parking is proposed to be added nor is it required. The non -conforming gravel parking surface will be allowed to continue in its current state. Routine maintenance is encouraged. Architecture The accesory structure is proposed to be of metal and pole -type construction. The application was originally published with a variance request, but during the review it was noted that the proposed structures do not trigger the City's Archtiectural controls for commercial buildings based on proximity to public right-of-way. Grading The expansion does not require grading of the site. Surface Water Management The location, size, and nature of the additional impervious improvements to the site do not trigger additional stormwater management improvements. Environmental Initiatives The Club adopted an Environmental Stewardship Plan on January 6, 2014. This plan is attached. An excerpt from the plan reports on a lead reclamation and recycling project that was completed in 2012. The plan details that: "The landing zone to be reclaimed is approximately five acres. The excavation depth will be approximately six inches. During the initial phase, or Phase 1, of operation enough lead shot was reclaimed to fill 48 bags. One bag holds approximately 3000-3500 pounds of lead shot. Therefore, in Phase 1 approximately 155, 000 pounds of lead was reclaimed." Tree Preservation No trees are impacted by the planned improvements. Landscaping The location, size, and nature of the additional structures to the site do not trigger additional land- scaping. Signage No sign modifications are proposed with the application. Utilities The site is not served by public utilities and operates on private well and septic. It was determined that the current septic system is compliant. Park Dedication The application does not trigger any park dedication fees. Planning Commission Staff Report 3M Trap and Skeet Club — CUP Expansion of a Nonconforming Use July 27. 2015 Page 6 of 7 Lighting All outdoor lighting shall be downward directed and installed in accordance with City ordinance criteria. Safety and Security The 1969 ordinance requires a range master during shooting and that the range rules be conspic- uously posted. The range is in a double fenced area that is posted as a gun range around the perimeter. Both of these tasks are still being met. There are only a select few individuals that have access to the range gate key, which is held at 3M Cottage Grove's main guard shack. Insurance Resolution No. 69-8 requires that a certificate of insurance be provided to the City. Public Hearing Notices The public hearing notice for this application was properly published and mailed. Notices were mailed to eight adjacent property owners on May 7, 2015 and again on July 15, 2015. Summary Outdoor gun ranges are not permitted in the 1-3 zoning district. • The site has a special use permit from 1969 that allows for the use. • Based on the 1969 approval, the use is a legal non -conforming use. • Expansion of non -conforming uses is permitted by CUP. The proposed use does not intensify the use on the site. The site does not have a history of incident reports from the Public Safety Department. Recommendation That the Planning Commission recommend that the City Council approve an application for a conditional use permit for the expansion of a non -conforming use to allow for the construction of a 24 -foot by 36 -foot detached accessory storage structure and a picnic shelter at 3M Cottage Grove, 9600 105th Street South, subject to the following conditions: The range shall be operated in conformance with Resolution No. 69-8. 2. Condition #6 of Resolution No. 69-8 shall be eliminated. 3. A wireless phone or other electronic communication device with calling capabilities shall be on site during shooting operations. 4. The range shall operate in compliance with Chapter 87A of Minnesota State Statutes. Planning Commission Staff Report 3M Trap and Skeet Club — CUP Expansion of a Nonconforming Use July 27, 2015 Page 7 of 7 5. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activ- ities. Detailed construction plans must be reviewed and approved by the Building Official. 6. Prior to issuance of a building permit, a final material detail board/packet must be submitted for review and approval by the Community Development Department. 7. Trash containers must be stored in accordance with ordinance criteria as approved by the City Building Official. All outdoor lighting shall be downward directed and installed in accordance with City ordi- nance criteria. 9. ADA accessibility requirements related to the picnic shelter shall be met on the site prior to the issuance of the certificate of occupancy. 10. Signage on the site shall be limited to 20 square feet. Attachments Resolution No. 69-8 Applicant's response to the ordinance criteria Public comment letter Chapter 87A Minnesota State Statutes Environmental Stewardship Plan RESOLUTION N0. 69-8 RESOLUTION APPROVING SPECIAL U3E PERMIT WHEREA3, Minnesota Mining and Manufacturing Company has made application for a Special Use Permit to construct and operate a Trap and Skeet field, and WHEREAS, the Planning Commission of the Village of Cottage Grove held a public hearing on said application pursuant to Ordinance #389 and WHEREAS, there were no objections from property owners adjacent to the proposed Trap and Skeet field, and WHEREAS, the Cottage Grove Planning Commission has recommended to this Council that the said application be approved, now THEREFORE BE IT RESOLVED, by the Council of the Village of Cottage Grove, bIashington County, Minnesota that the application for a Special Use Permit made by Minnesota Mining and Manufacturing Company to construct and operate a Trap and Skeet field on their property located in that part of the Northeast quarter (NE J) of Section 27, T27N9 R21W, lying Southwesterly of T.H. 61 & 10 be approved, subject to the following conditions: 1. That adequate insurance be provided and that a certificate of insurance be furnished to the Village. 2. Adequate provisions shall be made to control dust in the parking and shooting areas. 3. Fencing shall be installed around the entire range area and "Danger Shooting Range" signs be installed at close intervals on said fence. 4. That the hours of shooting be only from 10:00 A.M. to 10:00 P.M. . 5. That.names, addresses and telephone numbers of the persons or person in charge of said range be registered with the Police Department and be updated periodically. 6, That a telephone be maintained on the premises. 7. That the use of shotgun slugs, 00 Buck, 0 Buck, & number 2-45-6 shot on the range shall be cause for revocation of the Special Use Permit. 8. That a Range Safety Officer be appointed. 9. No shooting by anyone under the age of 21 years unless accompanied by an adult over 21 year's of age. 10. A first aid kit shall be kept on the premises and on the firing line during shooting. 11. That range safety rules -be permanently posted in the Club facilities and in the range shooting area. Dated this 5th day of February, 1969 mayor /. Attest cottage Community Development Department Planning Division Grove12800 Ravine Parkway South Telephone: 651-458-2827 fa- = e,,.o="=v"°= * ♦? Cottage Grove, MN 55016 Fax: 651-458-2897 '_qffis� www.cottage-grove.org E -Mail: planningCo)cottage-grove.org VARIANCE APPLICATION - RESPONSE TO ORDINANCE CRITERIA t e hat yo• a .p a do eet h: f :d gs •0 1 Please proved a D TAILED res ons o all of he..following 1. The variance is in harmony with the purposes and intent of this title. Please circle 5- No "rtt!' Poll? 6e-rwr_'«c- S'T- "j 5= kL_10 r,.1ir yILL, QL L'b6-0 Fe aNdc- IQ-tt VL'6'/k AnrA .( PL.I LJ ILL "-r Ur- u5E() FCJZ 4ABiQrJ CC, n1G 2. The variance is consistent with the comprehensive plan. Please circle: e No .'n'fF 3'1ti LT��•.�I LID IrJ iT/ QkL.. 13T- to AJ . rr•"79,%A� 26,IACIO �OG L -a CA-'la.a '"fJ 411IL 0' Le 19£. kSEO LNDr-REsIoUJT/At Lt E — -oT IL oit- S/Let u5t=. 3. The proposal puts the property to a reasonable use. Please explain. YES, 1,t - s -t.AA(.0 54tLIO Wi- V tL` Au' L,3 fq�L'n17_ 51b-aAG-V- of CQ4tUOtuE­1(_t,,-LO 5L&i9t.tSZ TV-kr,aP-CCL%UTrvTU`i' bStt- r c A o4� D�R-a, XJ 4401TI-4 I it P(PcPr­{ IjLttLJ�trr kr , is A (ja FiPsYL -SPA�� ��--nim Stn C.o�rfcr�. (�"'. E. t;s fJ-ts7yLl ra-L- 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. Tats 7tiRR(rE bµ%L`QrrJtn Lu[1 8L —111 MILr- eieau Ti- pi![ iZ6E -r 04OLiC IfZbA(03 /LIMO ,r ..1tLL. 64��t' -i�aw Qa {iLtG C.11 Lll-�. ZT- LJ1'LL r6C f>•NON�IN`✓{lXjt��/J O/`r IIG'Y1 i 5�f�(z£- �r.rrG.Ol,✓(�j. 1�'lz_� �S I?ta�,ct•��0 /k^cc�15 t wrT',4-StcuLt� Ctb'}1AA-✓tel %b 117kSISA•d 0 Tia 15 Na O�Suc /1cGs�� Tn 5/TC. 5. The conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally to other property within the same zoning classifications. Please list the conditions that are unique. Pi-tvrsir 5CE err w <i ,d-t3oJA *NZ Sri �L nt li/ rWILL 57�LK�`i ILeO6 `1' Fs 5%b'U6'VS '2 £- (,ror✓�r 3 xL u % / 57** e i," 710 7-4-a4,r_7JIn-� ryL+-r'L--n-,f}c.s ti1`-// a.ILa- 1f -q 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes No N/A 7. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. Please circle: Yes Nom 8. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Please identify any potential impact the requested variance may have. /_)O =cion"omit ha"1 is of re artled b �he'Courts as026- w fora offal Net `hborhoodsu oror o p 9 g pp 4 pposttlo thou zany bases of fa ts, rs. not regaded�by•h'og n for ei h�er�annroualodenlal , e May 5, 2015 Planning Commission I'm writing to let you know that the people shooting at the site of 3M and probably the Planning Commission also do not realize how loud the noise is on the east side of the highway. You actually need ear protectors. Even with the windows closed it's very loud. We can't sit outside with family or friends on a Sunday afternoon or enjoy a peaceful late afternoon or evening on a weekday because of the noise. We have lived in our home for 44 years and put up with this problem for a very long time. We are against this expansion for storage and picnic shelter because it would probably encourage more shooting. As it is, we listen to this shooting for hours at a time at least four days a week or more. We would really like to see this whole site closed and restore peace in this valley. As citizens of this city, please consider our request. Respectly RECEIVED MAY 1 3 2015 CITY OF COTTAGE GROVE MINNESOTA STATUTES 2014 CHAPTER 87A SHOOTING RANGES 87A.03 87A.01 DEFINITIONS. 87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE 87A.02 SHOOTING RANGE PERFORMANCE STANDARDS. STANDARDS; BEST PRACTICES. 87A.07 CLOSURE OF SHOOTING RANGES. 87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. 87A.08 APPLICABILITY OF OTHER LAWS. 87A.04 MITIGATION AREA. 87A.09 PUBLIC SHOOTING RANGES; ACCESSIBILITY. 87A.05 NOISE STANDARDS. 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 designated or operated primarily for the use of firearms, as defined in section 97A.015, subdivision 19, or archery, and includes shooting preserves as described in section 97A.115 or any other Minnesota law. Subd. 4. Shooting range performance standards. "Shooting range performance standards" means the best practices for shooting range performance standards identified in section 87A.02. Subd. S. Local unit of government. "Local unit of government" means a home rule charter or statutory city, county, town, or other political subdivision. History: 2005 e 105 s 1; 2012 c 277 art I s 16 87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; BEST PRACTICES. Subdivision 1. [Repealed, 2012 c 277 art I s 91] Subd. 2. Best practices. For purposes of this chapter, the November 1999 revised edition of the National Rifle Association's Range Source Book: A Guide to Planning and Construction shall serve as best practices for shooting range performance standards. History: 2005 c 105 s 2; 2012 c 277 art I s 17 87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. Subdivision 1. Authorized activities. A shooting range that operates in compliance with the shooting range 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 performance standards: (1) operate the range and conduct activities involving the discharge of firearms; Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 87A.03 MINNESOTA STATUTES 2014 (2) expand or increase its membership or opportunities for public participation related to the primary activity as a shooting range; (3) make those repairs or improvements desirable to meet or exceed requirements of shooting range performance 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 local unit of government with zoningjurisdiction over a shooting range may extend the hours of operation by the issuance 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 comply with this chapter. Subd. 2. Nonconforming use. A shooting range that is a nonconforming use shall be allowed to conduct additional shooting activities within the range's lawful property boundaries as of the date the range became a nonconforming use, provided the shooting range remains in compliance with noise and shooting range performance standards under this chapter. Subd. 3. Compliance with other law. Nothing in this section exempts any newly constructed or remodeled building on a shooting range from compliance with fire safety, disability accessibility, elevator safety, 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 been granted by October 1, 2005, or as provided in paragraph (b), no change in use, new development, or con- struction of a st ucture shall be approved for any portion ofproperty within 750 feet ofthe perimeter property line of an outdoor shooting range if the change in use, development, or construction would cause an outdoor shooting 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 be approved if the person seeking the approval or, at the discretion of the governing body, the approving authority 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 no mitigation is required under this section. Failure to provide the documentation or any mitigation required under 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 if the failure to provide the documentation or required mitigation is the sole basis for the range being out of compliance with the shooting range performance standards. Any action brought by the owner of the property against the range is subject to section 87A.06. With the permission of the range operator, any mitigation required under this section may be provided on the range property. History: 2005 c 105 s 4 Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 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 the steady state noise LI O and L50 state standards for each period oftime within each noise area's classification with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L10 level for steady state noise. The noise level shall be measured outside of the range property at the location of the receiver'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 level that 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 PERFORMANCE STANDARDS. A person who owns, operates, or uses a shooting range in this state that is in compliance with shooting range performance standards is not subject to any nuisance action for damages or equitable relief based on noise or other matters regulated by the shooting range performance standards. This section does not prohibit other actions. History: 2005 c 105 s 6 87A.07 CLOSURE OF SHOOTING RANGES. Subdivision I. Closure. Except as otherwise provided in sections 87A.01 to 87A.08, a shooting range that is in compliance with shooting range performance standards and the requirements of sections 87A.01 to 87A.08 shall not be forced to permanently close or permanently cease any activity related to the primary use of the shooting range unless the range or activity is found to be a clear and immediate safety hazard by a court of competent jurisdiction. In any action brought to compel the permanent closure of any range in compliance with shooting range performance standards and this chapter, or to permanently cease any activity related to the primary use of the shooting range, there is a rebuttable presumption that the range or activity is not a clear and immediate safety hazard. If the shooting range provides evidence that the cause of a proven safety hazard can be mitigated so as to eliminate the safety hazard, the court shall not order the permanent closure of the range, or permanent ceasing of the activity found to be a clear and immediate safety hazard, unless the range operator fails to implement the necessary mitigation to remove the safety hazard by the date that is determined reasonable by the court. Subd. 2. Preliminary injunctions. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a probable clear and immediate safety hazard, or against any individual determined to be the probable cause of an alleged clear and immediate safety hazard, pending the final determination of the existence of the safety hazard. Subd. 3. Permanent injunctions. A court may grant a permanent injunction only against a particular activity 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 any federal law. To the extent consistent with this chapter, other state laws regarding the health, safety, and Copyright 0 7014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 87A.08 MINNESOTA STATUTES 2014 4 welfare of the public may be enforced. To the extent consistent with this chapter, a local unit of government with 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 imposed by 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 compliance with the applicable state taw, local ordinance, or permit, the range may not be permanently closed unless the range operator fails to bring the range into compliance with the applicable law, ordinance, or permit under this section by the date that the court determines reasonable. Nothing in this section prohibits a court from granting a preliminary injunction against any activity determined to be a violation of a law, ordinance, or permit under this section or against any individual determined to be causing an alleged violation, pending the final determination of the existence of the violation. Subd. 2. Permanent injunctions. A court may grant a permanent injunction only against a particular activity 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 that is funded in whole or part with public funds must be available at least twice during the spring and twice during the summer for use by participants in a Minnesota Department of Natural Resources firearms safety instruction course under section 976.015. The shooting range must be available during hours reasonable for youth participants. The range operator may charge a fee to cover any costs directly incurred from use required under this section, but may not charge a fee to offset costs for general maintenance and operation of the facility. (b) This section does not apply to cities ofthe first class or a shooting range located on the same premises as a correctional or detention facility that holds or incarcerates offenders. History: 2012 c 277 art I s 18 87A.10 TRAP SHOOTING SPORTS FACILITY GRANTS. The commissioner of natural resources shall administer a program to provide cost -share grants to local recreational shooting clubs for up to 50 percent of the costs of developing or rehabilitating trap shooting sports facilities for public use. A facility rehabilitated or developed with a grant under this section must be open to the general public at reasonable times and for a reasonable fee on a walk-in basis. The commissioner shall 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 Copyright 0 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 3M Club Trap & Skeet Club 10746 Innovation Road (105th Street South) Cottage Grove, Minnesota 55016 Located on 3M Cottage Grove Property 3M Cottage Grove Center 10746 Innovation Road Bldg. 116-1-1 Cottage Grove, Minnesota 55016-4600 January 16, 2014 1 I P a g e ESP -3M Trap & Skeet Club_v1.2_2014.01.16 I JGB CONTENT Introduction Purpose Mission Statement 3M Trap & Skeet Assessment 3M Trap & Skeet Range and Facilities Reclamation and Recycling of Lead Documenting Lead Reclamation Environmental Initiatives Trap and Skeet Clay Targets Addendums IP►ti1291A1L01[011 The 3M Trap and Skeet Club is located at 10746 Innovation Road (105th Street South), Cottage Grove, Minnesota. The direction to the club is shown in the map in Figure 1. Figure 1 1 Map to the 3M Trap & Skeet Club St. Paul St. Paul \ Hwy 494 Woodbury Innovation Road / Cty Road 19 3M Trap & Skeet Club 3M Cottage Site Cottage Grove Hwy 61 Hastings 21 P a g e ESP_3M Trap & Skeet Club_0.2_2014.01.16 I JGB Driving directions to the 3M Trap & Skeet Club are: Coming from the east or west, take Highway 1-494 to US -61 South (Exit #62B). Follow US -61 approximately 7 Miles and exit on to Innovation Road in Cottage Grove. Take a right on Innovation Road and follow approximately '% mile and take a left on 105th Street South. Follow 105th Street South about 2 blocks and you'll reach the 3M Trap & Skeet Club gated entrance. PURPOSE The 3M T & S Club is dedicated to operating a shooting range with a philosophy for environmental stewardship to minimize lead contamination and employ continual environmental improvements. The board members of the 3M T & S Club, as stewards of the environment, will familiarize themselves with the EPA "Best Management Practices for Lead Outdoor Shooting Ranges." This environmental stewardship plan has been voluntarily prepared by the board members of the 3M T & S Club. The board members intend to develop and implement this environmental stewardship plan in order to minimize potential lead contamination and manage the range in the most environmentally sound manner. This environmental stewardship plan will be presented to and reviewed by the Board of Directors for final approval as needed. MISSION STATEMENT The 3M Trap & Skeet Club is committed to this environmental stewardship plan for the purpose of: 1. Identifying potential environmental concerns that may exist. 2. Identifying, evaluating and prioritizing the appropriate actions to safely manage lead shot and to identity and address relevant environmental concerns. 3. Listing short-term and long-term actions needed for implementing lead reclamation and environmental improvements. 4. Develop and implementation schedules for all projects. 5. Identifying effective ways of monitoring and measuring the environmental stewardship plan's successes. 6. Evaluating the annual progress of achieving environmental stewardship plan goals. Goals 1. To monitor the amount of lead shot released into the environment. 2. Conduct lead recovery whenever deemed appropriate. 3. Maintain and monitor the lead shot in the fall zone of the trap and skeet ranges. 4. Avoid the use of sulfur containing trap and skeet targets. 31 P a 9 e ESP_3M Trap & Skeet Club_0.2_2014.01.16 I JGB 3M TRAP & SKEET ASSESSMENT The 3M T & S Club has four trap shooting ranges, two skeet shooting ranges and one sporting clays range. The 3M Club T & S Club is located on property owned by the 3M Company in Cottage Grove, Minnesota. 3M TRAP & SKEET RANGE AND FACILITIES The overhead view of the ranges is shown in Photograph 1. The schematic layout of the range and facilities is shown if Figure 2. Photograph 1 I Overhead view of the 3M Club Trap & Skeet Club 41P a g e ESP_3M Trap & Skeet Club_v1.2_2014.01.16 I JGB 7 U N N Y U) 06 CL M H 9 U 75 M N O 7 O T caJ U co E N .0 U N m 7 LL ao C O 0-U V) V) o7j vvi 2 m N N LL N Q) Y 4{ O Ln J UA 7 U v i V N =d E _ Ln N Q1 LL Q a I . The entrance to the club is off Innovation Road on 105th Street South. It is the sole entry point to the club grounds. 2. The club grounds are not accessible during non -shooting hours with a locked gate. 3. The club has one parking lot. 4. The club has a Summer Clubhouse and Bird house that is used during summer league and fall open shooting. 5. The club has a Winter Clubhouse -Birdhouse that is used during winter open or league shooting. 6. The club features four ATA regulation trap ranges with 16- through 27 -yards shooting stations with electronic trap machines, two skeet ranges with electronic skeet machines and one sporting clays range with manual trap machines. 7. The club has no rifle or pistol ranges. 8. January 16, 2014 the board of directors approved the funds to purchase the equipment needed to install a functional 5 -Stand Sporting Clays range. The 5 - Stand range will be installed on the site of the existing sporting clays range. RECLAMATION AND RECYCYLING OF LEAD SHOT Until 2012, the 3M T & S Club had not undertaken a lead reclamation project. At that time it was agreed by the board of directors to pursue such a project. Under the premise of environmental stewardship the board moved forward to reclaim the lead in the trap fields drop zone. The club, under an environmental stewardship focus, consulted with and hired a lead reclamation company to reclaim the lead shot in the trap fields landing zone. After consultation and consideration the following company was chosen to complete the lead reclamation project. Lead Us Reclaim Company LLC was hired began lead reclamation in early October 2012 with a projected timeline to finish by November 1, 2012. The lead reclamation company information is as follows: Lead Us Reclaim Company LLC 10150 South Kelly Road Augusta, Wisconsin 54722 715-286-5710 Employees: Gary Frase, Dan Creviston and Tom Torgenson The landing zone to be reclaimed is approximately five acres. The excavation depth will be approximately six inches. During the initial phase, or Phase 1, of operation enough lead shot was reclaimed to fill 48 bags. One bag holds approximately 3000-3500 pounds of lead shot. Therefore, in Phase 1 approximately 155,000 pounds of lead was 61P a 9 e ESP_3M Trap & Skeet CJub_0.2_2014.01.16 I JGB reclaimed. The lead shot was delivered to a lead reclamation company in Birmingham, Alabama. Phase 2 of the reclamation project was completed in the spring of 2013 and the total funds issued to the club for the lead shot reclaimed was nearly $100,000 LEAD RECLAMATOIN IDEA HOPPER All proceeds from the lead reclamation project will go to the 3M Trap & Skeet Club. Any costs associated with the lead reclamation will be paid by the 3M Trap & Skeet Club. The Board of Directors will publicize to club members the lead reclamation project and will solicit ideas and suggestions from members on how to utilize the lead reclamation funds. A subcommittee was formed to create an Idea Hopper to document all club members' ideas and suggestions. The Idea Hopper will be fluid and continually updated by the subcommittee. Any project approved by the subcommittee will need to be reviewed and approved by the Board of Directors. Please see the Addendum for the 3M Club Trap & Skeet Club Reclamation Revenue Charter that outlines the scope and use of recuperated funds from the lead reclamation project. DOCUMENTING LEAD RECLAMATION All records associated with the lead reclamation will be maintained by the Treasurer and will be available upon request. ENVIRONMENTAL INITIATIVES In addition to lead shot reclamation, the 3M Trap & Skeet Club will review and implement other environmental initiatives when deemed appropriate. A subcommittee comprising of members of the Board of Directors and the club will be formed to review these initiatives as they are proposed. TRAP AND SKEET CLAY TARGETS The 3M Trap & Skeet Club does not use White Flyer Bio Targets because these targets contain a significant amount of elemental sulfur. It is reported that the biodegradation of White Flyer Bio Targets can affect soil pH and vegetation growth. The club only purchases pitch trap and skeet targets because it is reported that the biodegradation of this type of target reportedly does not affect soil pH. 71P a g e ESP_3M Trap & Skeet Club_v1.2_2014.01.16 I JGB ADDEMDUM 3M Club Trap & Skeet Lead Reclamation Revenue Charter 04/18/2013 The 3M Trap and Skeet club will institute and continue to follow a policy to recover lead shot from all practically accessible landing zones. The frequency of this recovery shall be determined by calculating the volume of shooting and comparing this to the costs of the recovery effort. All details pertaining to this will be published in a separate policy procedure to be published on the 3M T&S website. This effort is being instituted to: Demonstrate 3M Trap and Skeet Club's commitment to environmental stewardship. To recuperate value from the used shot to invest back into the club. Continue to promote the sport of clay target shooting within 3M for employees, retirees, family, and guests. A project hopper will be maintained by the vice-president of the T&S BOD. Project ideas can be submitted by anyone. Projects will be approved by majority vote of the active BOD members conditional upon all 3M Company rules/mandates and all public/state regulatory rules/mandates. Modifications to this charter shall be made by motion and normal voting by the Trap and Skeet BOD. Revenues obtained by shot reclamation shall be used by the club following the below scoping statements. In Scope: Equipment, tools, spare parts, spare throwers Grounds repair, building repair, fixtures, appliances Driveway repair/conditioning, equipment maintenance Tree planting, shelters, storage Communications technology (internet, displays, computers, printers, etc) ATV/UTV Out of Scope Shooting Fees, membership fees Ammunition, fun shoot prize money, regular event prize money 81P a g e ESP -3M Trap & Skeet Club_v1.2_2014.01.16 I JGB