6.6. SR 09-20-1999
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ITEM #6.6.
MEMORANDUM
Planning commiss~____
Michele McPherso~irector of Planning
DATE:
September 16, 1999
SUBJECT:
Case Number: CU 99-31,
Request by Minnesota Biathlon to
Construct a Shelter Building; Public
Hearing
Request
The Minnesota Biathlon requests approval of a conditional use permit to allow
construction of a 14' x 20' shelter building.
Location
.
The property is generally located in the SW % of the NW % of Section 21, Township 33,
Range 26. In general, the site is located east of the railroad trail and north of Top of the
World Park.
Zoninq/Land Use
R1a (Single Family Residential)/ME (Mineral Excavation)/LR (Low Density Residential)
Attachments
. Location Map
. Partial Site Plan
. Floor Plan
. Building Elevations
. Building Perspective
. Gravel Operations Map
. November 13, 1998 Letter from MN Biathlon
. Letter from Robert Bieraugel
. September 14, 1999 Memo from Assistant Police Chief Beahen
Overview
.
Biathlon is the sport of cross country skiing combined with target shooting with the use
of .22 caliber low velocity rifles at an approved target range. This range was originally
constructed in 1993 after much discussion with the property owner, CAMAS. The
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330. TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
.
.
.
Memo to City Council/CU 99-31
September 16,1999
Page 2
purpose of the proposed shelter is for a "warming house" for use by members during
winter training activities.
Analvsis
This request is somewhat unusual in the fact that it is a recreational use on private land
that is not related to the principle use of the property, mineral excavation, as permitted
under the overlay district.
Staff identified the following issues relating to this request:
1. Conflict with the City's firearm discharge ordinance.
2. Future reuse of the site once excavation is complete (estimated to be 2014).
3. Site plan requirements.
Firearm Discharqe Ordinance
The City's firearm discharge ordinance prohibits the discharge of firearms within 500
feet of any adjoining property, building, structure, or the boundary of any platted area.
The MN Biathlon site violates this requirement, as it is 250' from both Woodland Trails
and Top of the World Park. In order for the request to be approved, the City Council
will need to approve an ordinance amendment allowing the range to remain located
where it is.
Future Site Reuse
The range is located on property owned by CAMAS and within the approved buffer area
where no excavation will occur (refer to attached Operations Plan Map). The
underlying zoning district is currently R1a (2 % acre single family residential). It is
possible that the range could continue to exist well after the excavation activities are
complete and the site has been reused for another use. The MN Biathlon has no
formal lease agreement with CAMAS, therefore they could be removed relatively easily,
should it be required.
Site Plan Requirements
The applicant is proposing to construct a 14' x 20' wood frame structure. The structure
will include a porch, and the roof will cover both the structure and the porch for an
overall structure measuring 23' x 20'. The structure will be set onto pier footings, and
will contain two windows, two doors, and a secure storage area. In addition, the
structure will be heated with either a wood or kerosene space heater.
Access to the structure is by walking from the railroad trail to the structure. A paved
trail from the railroad trail to the structure already exists. Another section of trail is
Memo to City Council/CU 99-31
September 16,1999
Page 3
.
proposed to be added to that which exists. With the exception of trucking materials to
the site, no vehicles will be used to access the site.
PJanninq Commission Action
The Planning Commission voted unanimously to recommend approval of the request to
the City Council with the following conditions:
1. THE CITY WILL AMEND SECTION 404.12 OF THE ORDINANCE TO ALLOW
THE BIATHLON CLUB TO CONTINUE TO DISCHARGE FIREARMS AT THIS
LOCA TION.
2. THE SHELTER IS CONSIDERED TEMPORARY IN NATURE AND MAY BE
REMOVED AT THE REQUEST OF THE PROPERTY OWNER OR IF THE SITE
IS REUSED IN THE FUTURE.
3. THAT THE PROPOSED BUILDING SHALL BE CONSTRUCTED IN
COMPLIANCE WITH ALL STATE AND CITY BUILDING CODES.
4. THE PROPOSAL BE REVIEWED BY THE FIRE CHIEF PRIOR TO CITY
COUNCIL REVIEW ON SEPTEMBER 20, 1999.
. Fire Chief Review
The Fire Chief reviewed the proposal and determined that due to its location, the
building, as designed would burn down prior to the Department reaching the structure.
Access to the site from the railroad trail is adequate during summer months, however,
would be very difficult in the winter. The Fire Chief deferred to the Chief Building
Official for approval of the structure.
Police Department Review
In preparation of the amendment to the dangerous weapons ordinance to exempt the
range from the 500' buffer requirement, Assistant Police Chief Beahen inspected the
range for safety compliance (memo attached). He has the following concerns:
1. Signage is needed to clearly indicate that the range is for private use only.
2. Add gates at the entry points of the two trails to prevent entry into the property.
3. Signage is needed along the east side of the railroad trail to alert trail users of
the range's presence.
4. The target area is in disrepair, especially the boxes.
.
His memo clearly outlines his concerns.
.
.
.
Memo to City Council/CU 99-31
September 16, 1999
Page 4
Recommendation
Staff recommends that City Council approve the request for a conditional use permit,
CU 99-31, by Minnesota Biathlon to construct a shelter with the following conditions:
1. THE CITY WILL AMEND SECTION 404.12 OF THE ORDINANCE TO ALLOW
THE BIATHLON CLUB TO CONTINUE TO DISCHARGE FIREARMS AT THIS
LOCA TION.
2. THE SHELTER IS CONSIDERED TEMPORARY IN NATURE AND MAY BE
REMOVED AT THE REQUEST OF THE PROPERTY OWNER OR IF THE SITE
IS REUSED IN THE FUTURE.
3. THAT THE PROPOSED BUILDING SHALL BE CONSTRUCTED IN
COMPLIANCE WITH ALL STATE AND CITY BUILDING CODES.
4. THE PROPOSAL BE REVIEWED BY THE FIRE CHIEF PRIOR TO CITY
COUNCIL REVIEW ON SEPTEMBER 20, 1999.
5. THE BIATHLON CLUB IMPLEMENT THE SIGNAGE AND FENCING
RECOMMENDATIONS OUTLINED IN ASSISTANT CHIEF BEAHEN'S MEMO
OF SEPTEMBER 14, 1999.
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13065 'Orono Parkway · P.O. Box 490
Elk River, MN 55330
CASE: CD 99-31
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LEGEND:
BOUNDARIES & EASEMENTS
..... MINE PlMWERTY BOUNOAlIl't
... SEtlAC1(
UTILITY EAU_NT
EXISTING CONDITIONS
TOPOGRAPHIC CONtOURS 110' INTERVAL)
_ SUTllNG f RECIAC\lUTlON PONDS
JtOA,ow...y
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STRUCTURE
UISTING WOODY VEGETATION
EXtSTINO WERANDS
FUTURE MINING CONDITIONS
~':,'i) fUTURE MHNG AREA
_ MINING 'tl5
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..
..
SETTLING POND
RECIRCULATION POND
liE AM
TREE PLANTING
NOTE:
PRESENT YEAR MINE OPERATIONS
SUPERIMPOSED OVER 20 YEAR PLAN.
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SHIELY COMPANY. ElK RIVER PLANT
1995 OPERATIONS PLAN
ELK RIVER, MINNESOTA
SHlELY COMPANY
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Piotr Bednarski
MN Biathlon - Community Olympic Development Program
5032 28th S1. .
S1. Louis Park, MN 55416
(612) 924-0381
November 13, 1998
.;..
Tom Zerwas
Elk River Chief of Police
Elk River Police Dep1.
13065 Orono Rd.
Elk River, MN 55330
Dear Chief Zerwas,
The following is being presented for your consideration regarding your concern of
having a biathlon range within 500 feet of a "no discharge" zone.
Background
The Elk River Biathlon Range was originally constructed in November of 1993. Prior to its
construction we spent considerable time working with the property owner CAMAS (formerly
Shiely Co) on fmding a safe location for the range and liability related concerns.
Safety
The Elk River Range was located and constructed to take advantage of natural features of the
site. The area is heavily wooded and the target placement is located at the base of a high, tree-
covered ridge. Our targets themselves are specially designed to "catch" the bullets for both
safety and pollution concerns. To our knowledge, we have the only outdoor biathlon range in the
United States to use such a feature. I also understand that our range was inspected by your
assistant chief and he found no problems with its location and construction.
All range users must be USBA members and USBA safety certified. A copy of our "Rules of the
Range" are attached for your information. (Attachment # 1). All junior members can only
participate in the presence of certified coaches and are closely supervised.
The sport of biathlon from the Olympic level to the novice level uses standardized .22 caliber
long rifle rim-fire ammunition.
Land Owner Permission
Our contact at CAMAS is Bob Bieraugel, phone # 683-8123. Bob is occasionally in Elk River
OSi17/99 TUE 12:59 FAX 3321S1~
AUG-12-1999 16:25 ~,R5
BENTZ-THOMPSON-RIETOW
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1aI 003
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.
To : Michele McPherson,
Director of Planning
City of Elk. River
13065 OrOIlO Parkway
Elk River, MN 55330
I. k;6erl_1I R~rYJufel
,
as representative for CAMAS , O'WI1er of the
proposed buildi ng site, have reviewed and approve
the basic building scheme design as submitted to your
. office with the j ntention for a building to be built and
used by Minnes ota Biathlon on the site designated on
our property as described in the permit application.
.
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Sincerely,
TOTI=IL P.02
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Memorandum
.
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To: Michelle McPherson
From: Assistant Chief Jeff Beahen
Date: 09-14-99
Subject: Biathlon Gun Range
Police Department
.
Per your request, I made a site visit to the biathlon gun range adjacent to
Woodland Trails Park. Two department range officers, Sgt. Brad Rolfe and
Investigator Robert Kluntz assisted me in checking this location. We make the'
following recommendations based on our observations:
..
1)
The range is not public-yet there is no indication when one arrives there
to indicate that it is not open for public use. The new tarred path leading
into the range itself will make it more evident to the public, and once
people discover it there is no indication that it is a private facility. To
resolve this, we suggest the following:
a) Erect signs indicating it is a private range, no public access
or trespassing. These signs need to be at the entrance
points and at the range firing line.
b) Suggest gates be erected on the path to prevent the public
from even entering the range area.
The range area, specifically the field of fire zone, is not marked at an as a
hazardous area. Although the terrain and foliage is such that one would
not typically end up behind the impact area, it should still be clearly
marked to avoid any accidental wandering into the range itself.
The new tar path along the previous railway is very close in proximity to
the west border of the range. These two parallel each other, but are only
30-35 yards apart. If someone were to wander off the path, walk east
over the slight rise and then continue east a short distance, they would
end up either in the range, or behind it. These are tremendous safety
concerns. There needs to be at a minimum these improvements:
a) Immediate signing along the East Side of the path which
runs along the West Side of the range stating "DO NOT
ENTER - GUN RANGE" or "DANGER-GUN RANGE".
b) Consider erecting a barb wire fence along the path to insure
that no one tried to walk into the range from the path.
2)
3)
4) The range target area is somewhat in disrepair. They should look at the
target boxes as they appear broken and in need work. The backstop is in
good shape, made of railroad ties and earth.
.
,
{
Most gun ranges that I am familiar with are equipped with fencing and signs
around the entire perimeter of the property. CSt. Louis Park Gun Club,
13065 Orono Parkway. P,O, Box 723. Elk River, MN 55330. (612) 441-2324. Fax (612) 441-8937
.
.
.
Minnetonka Sportsman Club, Anoka County Bunker Hills Range) There is
obviously a liability factor if someone misuses the range, and a stray round
injures a citizen. I am less concerned with authorized range use, as I am of
those who might wander in and use the range thinking it is open to the public.
That type of unsupervised use could result in a tragic accident.
This has really not been an issue prior to the development of the park. Now that
the paths are greatly improved, and in fact lead right into the range, we have
begun receiving calls from the public asking if they can use the range. As I
stated earlier, there is no indication to anyone that the general public should n9t
be in the range or that it is private property. One of the callers was surprised by
his "find", commending the city for hiding this "asset" from the general public.
He then asked if it would be ok to sighf'in his deer rifle.
I would be happy to discuss these improvements with any member of your staff
or the range group themselves, should there be any questions about our
concerns.
Submitted by:
Jeffrey Beahen
CC: Chief Zerwas
,
,