HomeMy WebLinkAbout2015-08-12 PACKET 04.P. ,I
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REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # �
DATE 8/12/15 . � �
a
PREPARED BY: Community Development Jennifer Levitt �i
ORIGINATING DEPARTMENT STAFF AUTHOR I
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COUNCIL ACTION REQUEST:
;
Consider adopting a resolution approving a conditional use permit for the expansion of a
nonconforming use to allow for the construction of a 24-foot by 36-foot detached accessory ',
structure and a picnic shelter for the 3M Trap & Skeet Club, 9600 105th Street Court South. '�
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STAFF RECOMMENDATION:
Approve the request. '
BUDGET IMPLICATION: N/A N/A N/A
$ $
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION: '
DATE REVIEWED APPROVED DENIED
� PLANNING 7/27/15 ❑ � ❑
❑ PUBLIC SAFETY ❑ ❑ ❑ ,
❑ PUBLIC WORKS ❑ ❑ ❑ ';
❑ PARKS AND RECREATION ❑ ❑ ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS: j
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� MEMO/LETTER: Memo from John M. Burbank dated 7/31/15 �
� RESOLUTION: Draft ;
❑ ORDINANCE: �
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from unapproved minutes of 7/27/15 Planning Commission meeting �
ADMINISTRATOR'S COMMENTS: i'
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.�J �
' y Ad ' istrator Date ;
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
I�
Cottage
J Grove
�here Pride anaP�osperity Meet
TO: Honorable Mayor and City Council
Craig Woolery, Interim City Administrator
FROM: John M. Burbank, Senior Planner
DATE: July 31, 2015
RE: 3M Trap & Skeet Club CUP - expansion of a non-conforming use
Proposal
3M Trap & Skeet Club 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.
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Location Map Site Orthophoto
Planning Commission
The Planning Commission reviewed the application at their regular meeting on July 27, 2015. A
public hearing was held and testimony was heard in favor of and against the application. The
Planning Commission unanimously (7-to-0 vote) recommended that the City Council approve the
conditional use permit for an expansion of the use on the site.
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 I-3, Heavy Industrial. The range is operated on land owned by 3M by a company activity
club.
Honorable Mayor, City Council, and Craig Woolery
Case CUP015-021 —3M Trap and Skeet Expansion of a Non-Conforming u=Use
July 31, 2015
Page 2 of 6
Property Characteristics
The site has an existing clubhouse, a detached accessory storage structure, and a variety of
ancillary range improvements. The parking lot surface is gravel. There are a variety of cultivated
trees on the improved portion of the site.
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Existing Facilities Detail
Planning Considerations
Outdoor shooting ranges are not a permitted use in the I-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-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.
Honorable Mayor, City Council, and Craig Woolery
Case CUP015-021 —3M Trap and Skeet Expansion of a Non-Conforming u=Use
July 31, 2015
Page 3 of 6
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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 11-2-9F; 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 shal/not depreciate values of surrounding property.
4. The use shal/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.
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.
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Nonorable Mayor, City Council,and Craig Woolery '
Case CUP015-021 —3M Trap and Skeet Expansion of a Non-Conforming u=Use j
July 31, 2015 I
Page 4 of 6
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 I
development design. ,,
9. The use shall cause minimal adverse environmental effects.
10. The use sha//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 i
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 j
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. i
Noise I
Section 87a.05 of the State Statutes addresses the allowable noise standards related to operation �
of a gun range. Residents of adjacent properties to the site have reported concerns 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 I'
The planned improvements do not impact the existing ingress and egress drives to the site.
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 �
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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.
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Honorable Mayor, City Council, and Craig Woolery
Case CUP015-021 —3M Trap and Skeet Expansion of a Non-Conforming u=Use ;
July 31,2015 �
Page 5 of 6
Architecture
The accesory structure is proposed to be of inetal and pole-type construction. The application
was originally published with a variance request, but during the review it was noted that the I
proposed structures do not trigger the City's Archtiectural controls for commercial buildings based
on the site's 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 lnitiatives '
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 3,000-3,500 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 I
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
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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 i
The application does not trigger any park dedication fees. �
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Lighting
All outdoor lighting shall be downward directed and installed in accordance with City ordinance �
criteria. I
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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 �
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Honorable Mayor, City Council, and Craig Woolery
Case CUP015-021 —3M Trap and Skeet Expansion of a Non-Conforming u=Use ;
July 31, 2015 '
Page 6 of 6 �
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.
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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 '
,
e Outdoor gun ranges are not permitted in the I-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. ,
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• The site does not have a history of incident reports from the Public Safety Department.
Recommendation I
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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 �i
storage structure and a 24-foot by 36-foot picnic shelter at 3M Cottage Grove, 9600 105th Street �
South, subject to the conditions in the attached draft resolution. ;
Attachments �
Resolution No. 69-8 '
Applicant's response to the ordinance criteria
Public comment letter
Chapter 87A Minnesota State Statutes '
Environmental Stewardship Plan '
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RESOLUTION NOo 69-8 � '
RESOLUTION APPROVING ';
� SPECIAL UaE PERMIT j
�' T,�iEREA�, Minnesota Mining and Manufacturing Company has made . �
application for a Special Use Permit to construct and operate a . � ,
Trap ancl Skeet field� and II
WHEREAa9 the Planning Commission of the Village of Cot�age Grove
held a public hearin� on said application pursuant to Ordinance #389 � ��";
and ,
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WHEREA�y there were no objections from property owners adjacent �'
to the proposed Trap and Skeet field9 and
WHEREAa� the Cottage Grove Planning Commi�sion has xecommended to '
this Council tha� �he said application be approved� now
THEREFO�E� BE IT RESOLVED� by -the Council of the Village of Cot�age
Grovey 'v_dashington County� Minneso�a �hat the application fox° a Special � ',
Use Pe�°�i� made by Minnesota Mining and Manufacturing Compan� to I
cons�raact �r�d opexa�e a Trap and Skeet field on their property located
in �hat p�x� of the Northeast quarter (NE 4) of Sect.ian �f9 T27N9 R21W�
. lying Sou�hwesterly �of T.He 61 & 10 be approaed9 subject to the following ;
condi�ions: '
10 That adequate� insurance be provided and that a certificate �'
of insurance be furnished to the Villageo
2o Adequate provisions shall be made to control dust in ,
� the parking and shooting areaso �
3a Feneizzg shall be install.ed around the entire range area
and "Dangex° Shooting Range" signs be instal.2ed aic close I
intervals on said fenceo � ;
4o That the hours of shooting be only from 10000 .AoMo to -
10a00 P.Mo e
�o That. names � addresses and telephone numbers of the �,
� persons or person in charge of said range be registered
with the Poli�e Department and be updated periodicallyo
6, That a telephone be maintained on the premises:
�o That the use of shotgun slugs , 00 Buck� 0 Buck9 & ,
number 2-45�6 shot on the range shall be cause for ;
revocation of the Special Use �'ermito ,
8, That a Range Safe�y Officer be appointed.
90 No shooting by anyone under the age of 21 years unless
accompanied by an adult over 21 year's of ageo ;
10o A first aid kit sha].1 be kept on the premises and on the
firing line during shootingo '
11 , That range safe�y rules� be permanently pos�ed in the
C].ub facilities and in the range shooting areao
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Dated this 5th day of Febxuary9 �969 �
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C,� cottage Community Development Department Planning Division
/Grove � 12800 Ravine Parkway South Telephone:651-458-2827
���'ehPddeand4�O5PedtyMee��♦� Cottage Grove,MN 55016 Fax:651-458-2897 '�
�� www.cottaae-qrove.orq E-Mail:planninq(a)cottaqe- rove.orq ��
VARIANCE APPLICATION -- RESPONSE TO ORDINANCE CRITERIA � I
T�e P anni � Com�f ss'o_. a=tl Ci, o� ��`I ,�ay =eco: ��end a a;i:a�ce fi om =e s�ct p-1i�a`on of the .o:in� ordin�nce, if
t�e . i� � hat yo�r app ca�o= ��ee h� :d �gs >elow. ��Lease pr•ovide�a D TAI�ED �es�ons� o all o � e foil'ow�n.g ,
fi di;g �
1.The variance is in harmony with the purposes and intent of this title. Please circle� - No '�
Ttt� Q��F �tu.� /fi�taso,c.� 5ie��-� i5..t�����C�- �s t�� 6L- u-S� '� s��Lc £Q..�.�►°���
�-t P�-t '— c.J L L k�TEA l t on1 cGu n�►G
2. The variance is consistent with the comprehensive plan. Please circle: e No �
•'(YIF�"ItiRll"trf-�•..��.�0 I,JCs� W tL�. $^t �r� A,J .TM�'r1Z�,4� Cd �-�-SE L.,�cA--iLaJ �q•P!O W�Lt. onft��' ��,
�SES� � Nflo-+-��St�Otn1T/A'�- t,�S£ — NaT' t� vIL c�u.��..5'/tc t u 5�.
3. The proposal puts the property to a reasonable use. Please explain. 4'Ez, �-s�ro��� i��«0���. W�c��- ,
�� �t T1t� �Nd�� S�M��� oF ��.c��u�E�.f; ,�.,••�0 su�rVP�.I� 'iZJ-M— ��t.iP�tfrvi'c.�
6��w- s-ra�'�-A ok-��D+��$, � (�►�� , '� ���G��► ,' tr��..A�O«�.-�'Si��'-�.
j�u��.�J r� �► , �s q. 6�.�'�-��A-e�. ��.-�n.t� 3� e.o-cc�� .�.�A-a�� I��-s�N�-��- s��. �
4.There are unique circumstances to the properfy not created by the landowner, Please identify these circumstances. �
'M-�:,tirt�rc�� bu��.�0��1 Z�, w�x. 8�. I.�ca-,�� ^-�/y �t�� f��., `�-� a.r�.�Z�-r p�c C3L�c ��J�s
/�-r-tA �?'"�.1 tL�. (3� �u�- �a4. P�QI.�G ut�l� . ,�'T- W 1't.� 13� A� NoN-IN��..1'/�'��� �N� I
�I�"1�% 5�R���- P�k r c.D��t�. ��� �S �La i��c.�'�0 /�'�G�3:S � ���-Sz�u�c r-r� Cr.b'74it��-�
%b �S���i0 7f C�K-� �S Na /��-t-S t,c� /.�cGt��.7� ��5�T'C.
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. ��t-vrs� 5t� ��r�-w G) ,�-t3n�� .�N�D �5 r7� f��-�
SIbI�PE �J`tit�.1�/�Cp f,5 Za�.r� /�./,Qu-5'T1�t�1Z �S`"L Cvl� /'-�a �N�O�S��A'i� Z��✓c�Q I
571��L7�1�� /vE/��S� FD� ��"�/��t$��. %�� Sjb/L9Gf'L Fj�t ILtI�i✓LsJ t.sl1 Lt, � �-' �
�,��� 3�w 7� C 5r�,c.�.� � � 8�,�.di,t-�, r►�r;�-n-��s �.� � C'.�y��c.9--�a,.� �,,tc,�„y
N l '"�/ �t/4G /� `7 I
6, The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes No i
�
N�A
7. The granting of the variance will not be defrimental to the public welfare or injurious to other land or improvements in �
the neighborhood in which the parcel of land is Iocated,.Please circle; Yes No� i
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 potenfial impact the requested variance may have. �o �
;
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�Eco a►o ic:h'a���ip i�of rli�ded b�h�e�'Co.ur�s:�`�'as�'a�r',��e�'ason fo a proual�N ie ghbarh'ood�supp�or��o`�r�`ov'ppo ifio�
.ithou an,, b sis of�f �ts �rs not.re�d�b. fr he�Courts as�reason�for.ei hera�pr„�ou�al�o d�,e ial, � �
�Y , E.,.�9�..�.�„�,,,�Y�-���������.. .�,,,�,�
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May S, 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
����'�'��3r`c1
R��������
MAY 1 3 2015
CITY OF COTTAGE GROVE
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1 MINNESOTA STATUTES 2014 87A.03 �
CHAPTER 87A
SHOOTING RANGES '
87A.01 DEFINITIONS. 87A.06 NUISANCE ACTIONS;COMPLIANCE
WITH SHOOTING RANGE PERFOItMANCE
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, pai•tnership, corpot•ation, �
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 accheiy,and ,
includes shooting preseives as desct•ibed 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.5.Local unit of government. °Local unit of govei•nment"means a home rule charter or statutoiy
city,county,town,or other political subdivision.
History: 2005 c 105 s 1;2012 c 277 ar•t 1 s 16 i
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 National I�I
Rifle Association's Range Source Book:A Guide to Planning and Constt•uction shali seive as best practices �
for shooting range performance standards. ;
Histoi•y: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 shooting �
range performance standards must be permitted to do all of the following within its geographic boundaries, '
under the same or•different ownet•ship or•occupancy,if done in accordance with shooting range performance
standards:
(1)operate the range and conduct activities involving the discharge of firearms;
Copyright O 2014 by the Revisor of Statutes,State of Minnesota.All Rights Reserved. �
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87A.03 MINNESOTA STATUTES 2014 2 I
(2) expand or•increase its membership or oppoi•tunities for public pat•ticipation related to the primai•y I
activity as a shooting range;
(3) make those repait�s or improvements desirable to meet or exceed requirements of shooting range '
perfor•mance standards;
(4)increase events and activities related to the prima�y 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 I
unit of government with zoning jurisdiction ovei�a shooting range may extend the houis of operation by the '
issuance of a special or•conditional use permit; and �
(6)acquire additional iands to be used for buffei•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 pt•oper•ty boundaries as of the date the range becatne ;
a nonconfoi•ming use, provided the shooting range remains in compliance with noise and shooting range i
perfor•mance standat•ds under this chapter. ;
Subd. 3. Compliance with other law. Nothing in this section exempts any newly consti•ucted or '
remodeled building on a shooting range fi•om compliance with fire safety, disability accessibility,elevator i
safety, bleacher safety, or other provisions of the State Buiiding Code that have mandatoiy statewide ap- '
plication. ;
History: 2005 c 56 s 1;2005 c 105 s 3 I
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87A.04 MITIGATION AREA. '
(a) Except for those uses, developments, and structures in existence or for which appi•oval has been
granted by October 1, 2005, or as provided in paragraph(b), no change in use, new development, or con-
sti•uction of a structure shall be approved for any pot-tion of property within 750 feet of the perimetet•propet•ty ,
line of an outdoor shooting range if the change in use,development,oi�construction would cause an outdoor '
shooting range in compliance with this chapter to become out of compliance.
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(b) A change in use, new development, or constt�uction of a structure subject to this section may be I
approved if the person seeking the approval or, at the discretion of the governing body, the appi•oving ''
authority agrees to provide any mitigation required to keep the range in compliance with this chapter. I
The person requesting an approval subject to this section is responsible for providing documentation if no �
mitigation is required under this section. Failut•e to provide the documentation or any mitigation required
under this section exempts the range fi•om being found out of compliance with the shooting range per- ;
fortnance and noise standards of this chapter with regard to the pr•operty 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 standat•ds.Any action brought by the owner of the property
against the range is subject to section 87A.06. With the permission of the range opet•ator, any mitigation
required under this section may be provided on the range property. �
History:2005 c 105 s=� f
Copyright �O 2014 by the Revisor of Stahites,State of Miiuiesota.All Rights Reserved.
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3 MINNESOTA STATUTES 2014 87A.08 '
87A.05 NOISE STANDARDS.
Allowable noise levels for the operation of a shooting range ace the levels determined by replacing the I
steady state noise L10 and L50 state standards for each period of time within each noise area's classification
with a single Leq(h) standai•d foi• impulsive noise that is two dBA lower than that of the L10 level foi• ,
steady state noise. The noise level shall be lneasured outside of the range property at the location of the ��
receiver's activity according to Minnesota Rules, pai�ts 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 enei•gy as the time varying sound level for a 60-minute time period. '�
Histoiy: 2005 c 105 s S I
87A.06 NUISANCE ACTIONS; COMPLIANCE WITH SHOOTING RANGE PERFORMANCE I
STANDARDS.
A person who owns,operates,oi•uses a shooting range in this state that is in compliance with shooting
range perfor•mance standards is not subject to any nuisance action for damages or equitable relief based on i
noise or other matters regulated by the shooting range perfor•mance standacds.This section does not prohibit
other actions. i
History: 2005 c 105 s 6 ;
87A.07 CLOSURE OF SHOOTING RANGES. '
Subdivision 1. Closure.Except as othet•wise provided in sections 87A.01 to 87A.08,a shooting range li
that is in compliance with shooting range performance standards and the requirements of sections 87A.01 ,
to 87A.08 shall not be forced to per•manently close or permanently cease any activity related to the primaiy ';
use of the shooting range unless the range or activity is found to be a ciear• and immediate safety hazard i
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 coiu-t shali not order
the permanent closure of the range, ot•permanent ceasing of the activity found to be a clear and immediate '
safety hazard, unless the t•ange operator fails to implement the necessary mitigation to remove the safety
hazard by the date that is determined t•easonabie by the court. I
Subd.2.Preliminary injunctions.Nothing in this section prohibits a court from granting a preliminaiy ;
injunction against any activity deter•mined to be a probable clear and itnmediate 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. i
Subd. 3. Permanent injunctions.A court may grant a permanent injunction only against a pai�ticular
activity or person instead of permanently closing the r•ange 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 I
fedet�al law. To the extent consistent with this chapter, other state laws r�egarding the health, safety, and �
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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 enfot•ce its applicable ordinances and permits.
Nothing in this chapter shall supeisede more restrictive regulation of days and hours of operation imposed �
by the ter•ms 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 law,local ordinance,or permit,the i•ange may not be permanently closed unless the
1•ange operator fails to bring the range into compliance with the applicable law, ordinance, or permit undei• i
this section by the date that the court determines reasonabie.Nothing in this section prohibits a court fi•oni
granting a preliminaty 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- I
erations also create a violation under this section. �
Histo�y: 2005 c 105 s 8 '
87A.09 PUBLIC SHOOTING RANGES;ACCESSIBILITY.
(a) A publicly owned or managed shooting range located in the seven-county meh�opolitan area that ,
is funded in whole ot•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 fireat•ms safety
inshuction course under section 97B.015. The shooting range must be available during hours reasonable �
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for youth pai�ticipants. The range operator may charge a fee to cover any costs directly incurred fi•om use ,
t•equired under this section, but iliay not charge a fee to offset costs for general maintenance and operation �I
of the facility. I,
(b)This section does not apply to cities of the first class oi�a shooting range located on the same premises �
as a correctional or detention facility that holds or incarcet�ates offenders. '
History: 2012 c 277 a�•t 1 s 18
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87A.10 TRAP SHOOTING SPORTS FACILITY GRANTS.
The commissioner of natural resoui•ces shall administer a program to provide cost-share grants to local !
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t�ecreational shooting clubs for up to 50 percent of the costs of developing or rehabilitating trap shooting I
sports facilities for public use:A facility rehabilitated or developed with a grant under this section must be I
open to the general public at reasonable times and for a reasonable fee on a walk-in basis.The commissioner i
shail give preference to projects that will provide the most opportunities for youth. �
Histo�y:2014 c 290 s 13;2014 c 312 art 13 s 18 I
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Copyright O 2014 by the Revisor of Statutes,State of Miruiesota.All Rigtits Reserved.
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3M Club Trap & Skeet Club
10746 Innovation Road
(105t" 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
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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 '
INTRODUCTION
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. i
Figure 1 � Map to the 3M Trap & Skeet Club '
St. Paul ',
South St. Paul Hwy 494 Woodbury
Cottage Grove �
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Innovation Road / Cty Road 19
Hwy 61 �
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3M Trap&
Skeet Club
3M Cottage Site Hastings
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Driving directions to the 3M Trap & Skeet Club are: i
Coming from the east or west, take Highway I-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 �/4 mile and take a left on 105th Street ;
South. Follow 105'" 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 i
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: j
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1. Identifying potential environmental concerns that may exist. ,
2. Identifying, evaluating and prioritizing the appropriate actions to safely manage I
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. i
6. Evaluating the annual progress of achieving environmental stewardship plan ;
goals.
Goals �
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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. �
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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 � Overhead view of the 3M Club Trap & Skeet Club
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Figure 2 � Schematic Layout of the 3M Club Trap & Skeet Club
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Sporting
Trap Fields Clays
Skeet Fields
Summer Club Winter
House ciUb
House&
Birdhouse
Pa rki ng Lot
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1. 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 I
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 '
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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 I
reclamation project.
Lead Us Reclaim Company LLC was hired began lead reclamation in early October i
2012 with a projected timeline to finish by November 1, 2012. j
The lead reclamation company information is as follows:
Lead Us Reclaim Company LLC I
10150 South Kelly Road �
Augusta, Wisconsin 54722 �
715-286-5710 '
Employees: Gary Frase, Dan Creviston and Tom Torgenson
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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 E
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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. I
DOCUMENTING LEAD RECLAMATION
All records associated with the lead reclamation wilt 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 inembers 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. i
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.
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ADDEMDUM ,
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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: ,
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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 I
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. i
In Scope: !
Equipment, tools, spare parts, spare throwers
Grounds repair, building repair, fixtures, appliances
Driveway repair/conditioning, equipment maintenance ,
Tree planting, shelters, storage 'i
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 '
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RESOLUTION NO. 2015-XXX '
A RESOLUTION APPROVING A CONDITIONAL '
USE PERMIT FOR EXPANSION OF A NONCONFORMING USE
TO ALLOW THE CONSTRUCTION OF A DETACHED ACCESSORY
STORAGE STRUCTURE AND PICNIC SHELTER FOR THE
3M TRAP & SKEET CLUB, 9600 105TH STREET COURT SOUTH
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WHEREAS, 3M Trap & Skeet Gub applied for a conditional use permit for the expansion of '
a nonconforming use to allow for the construction of a 24-foot by 36-foot detached accessory '
storage structure and a picnic shelter at 3M Cottage on the property legally described below:
{Legal Description}
WHEREAS, public hearing notices were mailed to property owners within 500 feet of the '
property and a public hearing notice was published in the South Washington County Bulletin; and
WHEREAS, the Planning Commission held a public hearing on July 27, 2015; and
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WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and '
WHEREAS, the ublic hearin was o en for ublic testimon and testimon from
p g p p y y the ,
applicant and the public was received and entered into the public record; and i
WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended approval ;
of the applications, subject to certain conditions listed below. �
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, ,
Washington County, Minnesota, hereby approves the conditional use permit for the expansion �
of a nonconforming use to allow for the construction of a 24-foot by 36-foot detached accessory
storage structure and a picnic shelter at 3M Cottage, located on the property legally described
above, subject to the following conditions: �
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1. The range shall be operated in conformance with Resolution No. 69-8. i
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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.
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 '
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Resolution No. 2015-XXX �
Page 2 of 2 ,
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construction activities. 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.
8. All outdoor lighting shall be downward directed and installed in accordance with
City ordinance 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.
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10. Signage on the site shall be limited to 20 square feet.
Passed this 12th day of August 2015.
Myron Bailey, Mayor
Attest: i
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Joe Fischbach, City Clerk !
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EXCERPT FROM UNAPPROVED MINUTES OF THE
JULY 27, 2015, PLANNING COMMISSION MEETING ,
6.1 3M Trap & Skeet Club— Case CUP2015-021
3M Trap & Skeet Club has applied for 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. The 3M Trap & Skeet Club is located at 9600 105th Street Court South. ,
Burbank summarized the staff report and recommended approval subject to the conditions II
stipulated in the staff report.
John Babin, 9634 Hillside Trail South, President of the Trap & Skeet Club, stated that they are a �
private, non-profit club. He reported that the Park High School team started shooting at the club in
2014 and the Hastings team in spring 2015. ;
Brittain opened the public hearing.
Mary Heldman, 10176 East Point Douglas Road South, stated that she opposes this application !
because it would encourage more shooting. She believes the noise affects the property values. It �
is so hard to be outside because when it comes through the valley the noise is magnified and ,
echoes. She also believes the hours of operation have been abused. She does not understand '
how the City cannot regulate the club. She suggested that they turn the course around and shoot
towards the river to help mitigate the noise issues. '
Ruth Pommerening, 9826 East Point Douglas Road South, agreed with Heldman's comments �
about the noise levels. She does not understand why they have to have their building in that
location when they have a lot of land. '
Paula Bushilla, 10276 East Point Douglas Road South, stated that they own Hope Glen Farm and i
work with the neighbors on their noise levels from the events on their property. She stated that
there have been more noise problems this year than there have been in the past. She noted this
is the year brides have expressed concern about noise during their weddings. She asked that the
club look into ways to mitigate the noise levels.
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Pete Soukop, 7757 Inskip Trail South, stated that he is the head coach for the Park High School ',
Trap Team. He explained what 3M has done for the team and the support they have given for the �
sport. He stated that he is a Minnesota certified firearm safety instructor, Level 1 range safety ;
officer/instructor, and a shotgun coach. He understands the frustrations of the neighbors but he ;
equates what goes on at the gun club with the noise from activities at the high school. He stated
that they are not adding more shooters to the club; they are just building new structures to provide
shelter and storage space.
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Benjamin Siedel stated that he is a member of the trap team and he supports the 3M Trap & Skeet
Club because they have helped lower costs for shells and membership fees. He does not believe
shooting toward the river would help mitigate noise levels. He noted that there have not been any '
complaints to Public Safety. This program provides kids with opportunities to learn about gun
safety.
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Excerpt from Unapproved Planning Commission Minutes �
3M Trap& Skeet Club—Case CUP2015-021 i,
July 27, 2015 �
Page 2 of 2
Kristy Roarke, 7366 Irvin Avenue South, stated that she is one of the coaches of the trap team i
and shoots in the adult league. She supports the application. She explained that the application is
for the expansion of the buildings. The current shelter is not large enough for the current group to
utilize. She reiterated that this application is not to expand memberships or additional teams but
simply to allow larger structures. I
Babin stated that he respects the concerns about noise but they have been in operation since
around 1973. He is the current president of the board and the membership has been steady at ;
about 300 to 325 members. They do not intend to expand the membership. He provided a ',
summary of the shooting schedule, noting that they are very strict about their hours of shooting. '
Brittain ask 'f h
ed i t e topography between the range and Highwa 61 is relativel flat. Babin ,
Y Y
responded yes and there are trees along the highway. They are considering planting more trees ',
in that area. Brittain asked if an earth berm in addition to trees would help with noise abatement. I
Babin noted that several years ago they did sound testing and found that the some of the highway
noises were louder than the shotgun noise. ,
Graff asked if there have been past noise complaints. Babin responded that he is aware of one �,
complaint. As part of their stewardship plan, they are working to find ways that are better for the
community and environment. He is not aware of any formal complaints,just anecdotal. Graff asked
if it was possible to publish the results of their noise study. Babin stated that he could provide a
copy to the City. ',
Bushilla asked how often they have special events at the club. She stated that there is no noise
buffer between the club and the properties across the highway. She asked the Trap & Skeet Club
to work on mitigating the noise issues. '
Diane Babin, 9634 Hillside Trail South, stated that she thinks that the noise from the highway could �
be just as loud as the gun range on shooting days.
Soukup stated hours that the Park High School team has a ten-week season in the spring and a ',
six-week season in the fall, so the shooting is not year round. '
No one else spoke. Brittain closed the public hearing. �
Johnson stated that the trap shooting is great for kids and noted that rules and regulations for gun ,,
clubs are very stringent.
Graff suggested that the residents keep a log of noise concerns and record the sounds. j
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Graf made a motion to approve the conditional use permit subject to the conditions listed ;
in the staff report. Fox seconded.
Graf stated that Minnesota Statute 87A precludes the City from governing noise or expansion as
long as the range is in compliance. He encourages 3M to work with the neighbors to remediate
those issues. Brittain agreed, noting that it does not appear as if the gun club received feedback ��
regarding noise issues.
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Motion passed unanimously(7-to-0 vote).
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