7.1 SR 11-15-2021it ci
Elk*
River
Request for Action
To
Item Number
Mayor and City Council
7.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
November 15, 2021
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Steve Pullar/Landform, 20343 Meadowvale Road
Zack Carlton, Planning Manager
Preliminary Plat: Pullar Prairie
Reviewed by
Cal Portner, City Administrator
Action Requested
Approve, by motion, the Preliminary Plat for Pullar Prairie with the
following conditions:
1. The final plat cannot be approved until the documentation
required by State Statute Chapter 87A has been received and
approved by city staff.
2. The driveway to Elk River Gun Club must be moved as far
north as possible to maximize the distance between County
Road 32 and the driveway.
3. The Elk River Gun Club must agree, in writing, to the
relocation of their driveway access.
4. The developer shall construct the relocated entrance to the
Elk River Gun Club and deed the Oudot containing the
driveway to Elk River Gun Club at no cost to the club.
5. Sherburne County must approve the connection to County
Road 32.
Background/Discussion
(P 21-11)
The subject property is 39.54 acres in size, zoned R1a and located
north of Meadowvale Road at the Rawlins Street alignment (20343
Meadowvale Road). The proposed plat consists of 14 lots and
dedicates right-of-way for circulation and access to all the new buildable lots. Lot 1, Block 1 will contain the
existing house and the remaining lots will be new developable lots, which are eligible for park dedication. Two
outlots are also being created.
In 1963, the previous landowners of the subject parcel conveyed the 33-foot-wide driveway (75-119-1205) to the
gun club to provide access to the land behind the subject area.
The Elk River Vision
A n elcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
P I I E I 1 0 IY
NATURE
Updated. August 2020
Planning Commission
A commissioner asked the applicant if they explored other uses for the property as he wondered about future
resident concerns regarding the proximity to a gun club.
The applicant spoke outlining what they are requesting and why. He also indicated he met with the gun club board
of directors to discuss the driveway/access concerns.
A representative from the gun club spoke and confirmed that they did meet with the applicant to discuss the
driveway/access but had not come to a decision whether they would be willing to move their driveway.
A resident living near the proposed project and gun club spoke stating she cannot hear the gun club and felt
anyone buying a lot in the development, next to the club, would need to expect to hear some noise. She was in
favor of the plat.
The Planning Commission unanimously recommended approval.
Since the Planning Commission meeting, staff completed a final review of the plat application with the city
attorney and identified concerns with State Statute Chapter 87A - Shooting Ranges. Please see the attached letter
to the applicant and Chapter 87A for more information.
Financial Impact
None
Mission/Policy/Goal
■ Opportunity to live, work, and play
■ Responsibly grow
■ Work with citizens to achieve goals
Attachments
Planning Commission memo dated October 26, 2021
Letter to Applicant dated November 5, 2021
State Statute Chapter 87A Shooting Ranges
Request for Action
Ciry nf
Elk
River
To
Item Number
Planning Commission
4.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 26, 2021
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Steve Puller/Landform, 20343 Meadowvale Rd. NW
Zack Carlton, Planning Manager
Preliminary Plat of Pullar Prairie, Case No. P 21-11
Reviewed by
Action Requested
Recommend, by motion, approval of the Preliminary Plat for Pullar Prairie with the following conditions:
1. The driveway to Elk River Gun Club must be moved as far north as possible to maximize the distance
between County Road 32 and the driveway.
2. The Elk River Gun Club must agree, in writing, to the relocation of their driveway access.
3. The developer shall construct the relocated entrance to the Elk River Gun Club and deed the Oudot
containing the driveway to Elk River Gun Club at no cost to the club.
4. Sherburne County must approve the connection to County Road 32.
Background/Discussion
The subject property is 39.54 acres in size, zoned R1a and located
north of Meadowvale Road at the Rawlins Street alignment (20343
Meadowvale Rd). The proposed plat consists of 14 lots and dedicates
right-of-way for circulation and access to all the new buildable lots. Lot
1, Block 1 will contain the existing house and the remaining lots will be
new developable lots, which are eligible for park dedication. Two
outlots are also being created.
Comprehensive Plan
The property is guided for single family residential, and the subdivision
is consistent with all applicable plans.
Access and Circulation
One new street (Salem Street) is proposed to run through the
development from north to south and will provide future connectivity
to the northern undeveloped parcel. A temporary cul-de-sac will be
installed at the north end of the street.
Engineering, Stormwater, and Environmental
The streets will be constructed with a rural section with no curb and
gutter. The cul-de-sac does exceed the ordinance maximum of 700
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Figure
CR 33
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RR
PINEREI 11
[NATURE
Updated. August 2020
feet, but in cases where future developments is planned, a temporary cul-de-sac with the appropriate right-of-
way stub can be approved.
A wetland delineation for the parcel was approved on September 17, 2021. The deep -water basin 2P was
determined to be an incidental (created) wetland and is not regulated under Wetland Conservation Act (WCA)
rules. Wetland 1 (south of Meadowvale Road) is a natural wetland but there are no proposed impacts to that
area.
Parks and Recreation
The Parks and Recreation Commission will review park dedication for this application at their November 10,
2021, meeting.
Applicable Regulations
Preliminary Plat
City ordinance section 30-375 outlines the required findings for approval of a Preliminary Plat.
1. The proposed subdivision is consistent with the honing regulations (article VI of this chapter and conforms in all respects with
all requirements of this Code, including the honing regulations and this article.
The property is zoned single family residential and meets all dimensional requirements. The proposed
subdivision is consistent with all zoning regulations.
2. The proposed subdivision is consistent with all applicable general and speciali.Zed cio, county, and regional plans, including
but not limited to, the city's comprehensive development plan.
The property is guided for residential, and the subdivision is consistent with all applicable plans.
3. The physical characteristics of the site, including but not limited to topography, soils, vegetation, susceptibility to erosion and
siltation, susceptibility to flooding and drainage are suitable for the type and density of development and uses contemplated.
The physical characteristics of the site are suitable for the type and density of development and uses
contemplated.
4. The proposed subdivision makes adequate provision for water supply, storm drainage, sewage transportation, erosion control
and all other services, facilities and improvements otherwise required in this article.
The subdivision will include infrastructure to meet city requirements. Additional permits required to
comply with erosion control standards are required and will be secured prior to building permit issuance.
5. The proposed subdivision mill not cause substantial environmental damage.
Although there will be site grading, the subdivision will not cause substantial environmental damage.
6. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court.
The proposed subdivision will not conflict with easements of record or with easements established by
judgment of a court.
7. The proposed subdivision will not have an undue and adverse impact on the reasonable development of neighboring land.
Neighboring land to the south, west, and northwest are developed and the property to the north and east
is owned by the St. Louis Park Sportsman Club. The proposed subdivision provides access for future
development along the north boundary will not impact reasonable development of neighboring land.
S. The proposed subdivision is notpremature. A subdivision ispremature if any of the following exists:
a. Lack of adequate stormwater drainage.
b. Lack of adequate roads.
c. Lack of adequate sanitary sever systems.
d. Lack of adequate off -site public improvements or support systems.
The subdivision is not premature as the above conditions have been provided for.
Financial Impact
None
Mission/Policy/Goal
■ Opportunity to live, work, and play
■ Responsibly grow
■ Work with citizens to achieve goals
Attachments
■ Location Map
■ Preliminary Plat
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River
November 5, 2021
Steve Pullar
20343 Meadowvale Rd. NW
Elk River, MN 55330
RE: State Statute Chapter 87A Shooting Ranges
Dear Mr. Pullar:
VIA EMAIL: stpullar@gmail.com
tolin@landform.net
Staff completed a review of the plat application with the city attorney and identified concerns with State
Statute Chapter 87A Shooting Ranges, which I have attached for your information.
Section 87A.04 (a) provides that the city shall not approve a new development withing 750 feet of the
permit property line of an outdoor shooting range if the development would cause the shooting range to
be out of compliance with the noise and other standards set forth in Chapter 87A. Section 87A.04 (b)
states that the applicant requesting an approval is responsible for providing mitigation to maintain
compliance for the shooting range, or documentation that no mitigation is required.
Section 87A.05 outlines the allowable noise levels for the operation of a shooting range.
Although a development may be compliant with city land use and zoning requirements, pursuant to
Chapter 87A, the city may not approve a plat if required documentation is not provided by the applicant.
Your preliminary plat is scheduled to be reviewed by the City Council on November 15, 2021. We will
continue with this schedule and add a condition of preliminary plat approval that the final plat cannot be
approved until the documentation required by Chapter 87A is received.
Please let me know if you have any questions.
Sincerely,
360-;-��7
Chris Leeseberg Peter Beck
Senior Planner City Attorney
13065 Orono Parkway
Elk River, MN 55330
763.635.1000
1 F"W"', 6 T
NAURE
ElkRiverMN.gov
MINNESOTA STATUTES 2021
CHAPTER 87A
SHOOTING RANGES
87A.03
87A.01 DEFINITIONS. 87A.06 NUISANCE ACTIONS; COMPLIANCE WITH
87A.02 SHOOTING RANGE PERFORMANCE STANDARDS; SHOOTING RANGE PERFORMANCE STANDARDS.
BEST PRACTICES. 87A.07 CLOSURE OF SHOOTING RANGES.
87A.03 COMPLIANT RANGES; AUTHORIZED ACTIVITIES. 87A.08
87A.04 MITIGATION AREA. 87A.09
87A.05 NOISE STANDARDS. 87A.10
87A.001 MS 2006 [Renumbered 15.001]
87A.01 DEFINITIONS.
APPLICABILITY OF OTHER LAWS.
PUBLIC SHOOTING RANGES; ACCESSIBILITY.
SHOOTING SPORTS FACILITY GRANTS.
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. 5. Local unit of government. "Local unit of government" means a home rule charter or statutory
city, county, town, or other political subdivision.
History: 2005 c 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 1 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;
(2) expand or increase its membership or opportunities for public participation related to the primary
activity as a shooting range;
Official Publication of the State of Minnesota
Revisor of Statutes
87A.03 MINNESOTA STATUTES 2021
(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 zoning jurisdiction 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
application.
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
construction of a structure shall be approved for any portion of property within 750 feet of the 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 performance
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
87A.05 NOISE STANDARDS.
Allowable noise levels for the operation of a shooting range are the levels determined by replacing the
steady state noise L 10 and L50 state standards for each period of time within each noise area's classification
with a single Leq(h) standard for impulsive noise that is two dBA lower than that of the L 10 level for steady
state noise. The noise level shall be measured outside of the range property at the location of the receiver's
Official Publication of the State of Minnesota
Revisor of Statutes
MINNESOTA STATUTES 2021 87A.08
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 1. 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 operations
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
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.
Official Publication of the State of Minnesota
Revisor of Statutes
87A.08 MINNESOTA STATUTES 2021
(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 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 operations
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 ofNatural Resources firearms safety instruction
course under section 9713.015. 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 of the 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 SHOOTING SPORTS FACILITY GRANTS.
The commissioner of natural resources shall administer a program to provide cost -share grants to local
recreational shooting clubs or local units of government for up to 50 percent of the costs of developing or
rehabilitating 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; 1 Sp2015 c 4 art 4 s 40
Official Publication of the State of Minnesota
Revisor of Statutes