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CITY COUNCIL

MEETING DATE: August 18, 2015


Planning Commission: July 8, 2015

CASE NO.: 2015-15

APPLICANT:

Paul Simonet, property owner, representing MN Shooting


Academy

REQUEST:

Request for a Special Use Permit and associated Variances for an


Amusement and Recreational Establishment to be located in the
existing structure located at 2159 Curve Crest Boulevard

ZONING: BP-O: Business Park - Office


PREPARED BY:

COMP PLAN DISTRICT: Commercial

Abbi Jo Wittman, City Planner

BACKGROUND
At the July 8 Planning Commission meeting, the Commission held a public hearing
regarding a request made by Paul Simonet, representing MN Shooting Academy, for a
Special Use Permit (SUP) for an indoor target practice range to be located at 2159 Curve
Crest Boulevard. In addition to the specially-permitted use, MN Shooting Academy is
proposing retail sales, a lounge and vending area, warehousing space as well as space
for administrative offices. In order to grant the SUP, certain variances were being
requested as well.
During the hearing the Commission took public testimony from the applicant, MN
Shooting Academy representatives and members of the public; a copy of the
Commissions minutes are attached for the Councils review. After the public hearing
the Commission discussed the unique and special character of this proposed use and
the associated variances. The Commissions discussion including making the findings
practical difficulty existed for the variance to increase by 4,040 square feet the
Amusement and Recreational Establishment portion of the structure. The Commission
could not make positive findings to support the requested off-street parking variance or
the impervious surface coverage variance, as other reasonable alternatives exist.
The Commission determined the proposed gun range use conforms to the requirements
and the intent of this chapter, and of the comprehensive plan, relevant area plans and

other lawful regulations; they added condition necessary to protect the public interest;
and with the conditions, believe the use will not constitute a nuisance or be detrimental
to the public welfare of the community. In a 5-3-1 vote, with Commissioners Fletcher,
Middleton and Siess voting nay, the Commission approved the Special Use Permit and
4,040 square foot variance to the Amusement and Recreational Establishment
standards. Commission Kelly abstained due to a conflict of interest.
APPEAL
Within ten days of the Commissions decision, the City received two appeal letters from
Melissa Douglas and Ann Kocksiek. A copy of those letters as well as the City Code1
pertaining to appeals is attached for your review.
Ms. Douglas indicates a shooting range is not an allowed use in the zoning district and
that the Commissions approval therefore constitutes a use variance, which the City
Code does not allow. She further states the approval of this use permit would
significantly limit local zoning authority over the shooting range, citing MN State
Statute 87A and the National Rifle Associations (NRA) Range Source Book. Lastly she
indicated the required use and variance findings cannot be made for the request. City
staff has obtained the NRA Range Source Book and City Attorney Magnuson has
drafted a memo addressing Ms. Douglass concerns; he letter is attached for the
Councils review.
Ms. Kochsiek encourages the City to consider a sound study of the proposed use,
specifically the air exchange system. Additionally she questions the impact of the use to
the traffic at Washington Avenue and Curve Crest Boulevard. Lastly she has indicated
no classroom use has been proposed for the site. The letter indicates the City should
converse with other municipalities who have approved similar uses.
APPLICATION REVISION AND PUBLIC COMMENT
As an appeal is made, the Council must hold a de novo public hearing meaning the
application is reviewed as a brand new application. The public hearing was advertised
in the Stillwater Gazette on August 7, 2015. Additionally, all property owners within
350 were noticed of the date and time of the hearing.
The applicant has submitted a revised plan set that includes the following:

795 square feet of classroom space has been added. This was created with the
reduction of interior warehousing spaces.

City Code Section 31-217

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A total of 14 firing lanes has been proposed instead of the previous 12.
However, the square footage of the area to be used for the firing lanes is no
larger than that proposed for the original 12 lanes.
The reconfiguration of the interior spaces necessitates a total of 84 parking
spaces. However, only 49 parking spaces are being met onsite.
o Consequently, the applicants proof of parking area proposed is located
within a greenspace area. The increased off-street parking developed on
this site would increase the impervious surface coverage variance.

Public comment has been received by Anne Siess. Ms. Siess suggests the City Council
consider the development of an ordinance specifically addressing the use and sale of
guns within Stillwater. She has included a gun range ordinance from the City of
Chanhassen, Minnesota, for the Councils reference.
SPECIFIC REQUEST
The applicant is requesting a Special Use Permit for an Amusement and Recreational
Establishment for an indoor target practice range, with accessory uses to include retail
sales, a lounge and vending area, classroom and warehousing space as well as space for
administrative offices. Educational classrooms as well as the Amusement and
Recreational Establishment are uses that are permitted by Special Use Permit. The other
proposed uses of the proeprty are uses permitted by right. The request necessitates the
following variances:
1. A 4,040 square foot variance to City Code Section 31-515.1.1 that permits an
Amusement and Recreational Establishment to occupy no more than 3,000
square feet, whereas the proposed firing lanes area is 7,040 square feet; and
2. A 35 off-street parking stall variance to City Code Section 31-510.1(c), Number of
parking spaces required which requires the facility to have 84 spaces, but only
provides 49 spaces and
3. A 19% variance to the 60% maximum (impervious) lot coverage requirement as
identified in City Code Section 31-320(c), since the total lot coverage would be
79% and only 60% is allowed.
APPLICABLE REGULATIONS AND REGULATIONS
Section 31-325 indicates Amusement and Recreational Establishments (including other
social, sport or recreational centers) and Educational Institutions in the Business Park
Office District require a Special Use Permit. The Code further indicates the use must
conform to the provisions found in Section 31-515.1:
1. The establishment may occupy no more than 3,000 square feet.

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2. (The establishment must operate in compliance with the noise standards as


specified in City Code Chapter 38, Section 38-3.
(a) The establishment shall be considered a "commercial" use pursuant to City
Code Chapter 38, Section 38-3, Subdivision 4.
(b) Not only shall the establishment meet the specified noise standards at its
respective property lines, but the noise standards shall also apply to
receiving uses in abutting tenant spaces within a multiple tenant, if the
establishment is located in such a building.
3. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified
professional shall certify that the establishment will, under normal operating
conditions, meet the noise standards specified in City Code Chapter 38, Section
38-3.
4. The amusement or recreational activities offered by the establishment must
operate exclusively indoors.
5. The establishment must have at least one adult employee or adult supervisory
volunteer in the premises during all hours of operation.
Section 31-208, Variances, indicates the Planning Commission may grant variances, but
only when all of the following conditions are found:
1. The variance is in harmony with the general purposes and intent of this
chapter.
o The general purpose and intent of the Zoning Code is to regulate and
restrict use of land for the protection of public health, safety and welfare.
The purpose of Section 31-325 limitations to the maximum size of
the establishment is to help ensure the development of the office
park into office space.
The purpose of Section 31-510 is to ensure that a property provides
sufficient on-site parking spaces to accommodate its needs and not
create a burden on the neighborhood through on-street parking.
The purpose of Section 31-320(c) is to ensure adequate drainage is
met onsite and open space area is preserved.
o The general purpose and intent of the Zoning Code may be met if certain
conditions of approval are met.
2. The variance is consistent with the comprehensive plan. No application
elements are contradictory to the Comprehensive Plan.
3. The applicant for the variance establishes that there are practical difficulties in
complying with this chapter. Practical difficulties, as use in connection with
the granting of a variance, means that all of the following must be found to
apply:
The property owner proposes to use the land in a reasonable manner for a
use permitted in the zone where the land is located, but the proposal is not
permitted by other official controls; the use of the property for a

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Amusement and Recreational Establishment, with appropriate parking and


onsite infiltration, is reasonable.
The plight of the landowner is due to circumstances unique to the property
and that are not created by the landowner; and The unique circumstance of
the property are the boundaries of the property, the size of the existing
structure on the property and the existing parking and drive areas.
a. The proposed 4,040 square foot variance for the Amusement and
Recreational Establishment helps support the businesss desire to have
a portion of the 14 lanes dedicated to be reserved for community
service endeavors. The uniqueness exists in this large space can
accommodate for the increase Establishment area, providing a service
to local law enforcement practice and community safety education,
wholly within the existing structures footprint.
b. The property owner is not able to create additional parking next to this
existing parking and drive area without a reduction in open space and
infringement on the neighboring properties. The propertys current
improvements already provide less open space than the Code requires
for office park development. Adding parking spaces would reduce
that even further.
The variance, if granted, will not alter the essential character of the locality.
The essential character of the neighborhood will not be altered with the
additional 4,040 square feet of Establishment space, as the entire Amusement
and Recreational Establishment is wholly located within the building. Also, if
the additional parking area is developed in a fashion where drainage may
occur onsite, the essential character of the locality will not be affected.

Section 31-208 further indicates:


Economic considerations alone do not constitute practical difficulties.
A previous variance must not be considered to have set a precedent for the
granting of further variances. Each case must be considered on its merits.
Section 31-207 establishes the review standards for Special Use Permits:
The proposed structure or use conforms to the requirements and the intent of this
chapter, and of the comprehensive plan, relevant area plans and other lawful
regulations.
The proposed use is allowed within the subject zoning district, if it is found compatible
with surrounding uses. In review of the request with City staff, the following item was
determined to be an item of concern:

Parking: The property currently contains 49 parking spaces but is required to


meet 84 parking spaces onsite. The applicant has shown proof of parking for an

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additional 36 spaces. However, the installation of this parking would necessitate


a variance to the maximum impervious surface coverage requirement.
o As there is no off-street parking in this area, the installation of 35 parking
spaces should be required. If installed with a permeable surfacing
material, the need for a variance to the impervious surface coverage
would not be necessary.

Impervious Surface Coverage and Drainage: The applicant is not proposing to


change the landscaping, impervious surface coverage or drainage to the site.
However, if the applicant was to increase the parking area with a material that
would allow for infiltration, the surface coverage would necessitate a variance.
o To offset the increase in impervious surface coverage, City Engineering
Department staff indicated the new parking area could be constructed
with permeable asphalt. This would maintain the required impervious
surface coverage, allowing for all parking to be met onsite and no variance
would be required for the parking. Maintenance of the permeable asphalt
would be required.

Noise: As indicated in the code, the specified noise standards must be met at its
respective property lines, but the noise standards shall also apply to receiving
uses in abutting tenant spaces within a multiple tenant, if the establishment is
located in such a building. While no specifications sheet for the exact
construction has been submitted, the proposed indoor range will be a vendordesigned system that is constructed by Action Target. The system will include
wall and ceiling baffles (which will include acoustics within them), sound
abatement within the firing area to reduce echo as well as a ballistic trap to catch
the bullets.
o The applicant has submitted sound inspection test records from Action
Target designed and constructed facilities. As submitted, those facilities
demonstrate the dBA levels, at the time a shot was fired, would be less
than the City of Stillwaters maximum decibels of 70 dBA during the day.
Furthermore, the dBA rating inside the gun shop (outside of the firing
area) was also less than the maximum decibel levels allowed by City
Code.

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o According to the NRA Range Source Book, the following address


acceptable, discretionary and unacceptable noise levels:

o With this in mind, the acceptable noise level, of 65 dB(A), is in


conformance with the Citys noise standards.
o State Statute 87A indicated [a]llowable noise levels for the operation of a
shooting range are the levels determined by replacing the steady state
noise L10 and L50 state standards for each period of time within each
noise area's classification with a single standard for impulsive noise that is
two dB(A)lower than that of the L10 level for steady state noise.
Minnesota Rules, parts 7030.0010 to 7030.0080, are also attached for
Councils review.
City staff has reached out to the MPCAs Noise Program staff for
determination of an indoor firing range classification and noise
level allowances.

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Exterior changes: Section 31-319 of the Stillwater City Code requires that the
Heritage Preservation Commission (HPC) conduct a design review on exterior
changes, signage and waste receptacle. The applicant is aware exterior changes
to the structure, including new exterior signage, will be required to obtain a
Design Permit prior to the issuance of applicable Sign Permits.

Comprehensive Plan Chapter 7, Local Economy, indicates a program to encourage a mix


of employmentand retail and service activities in the West Business Park area. The
proposed uses are not contradictory to the Comprehensive Plan. This use is consistent
with the Future Land Use Map identifying this property as having commercial use in
2030.
Any additional conditions necessary for the public interest have been imposed or use
and/or structure will not constitute a nuisance or be detrimental to the public welfare
of the community.
The proposed Amusement and Recreational Establishment will not be nuisance or be
detrimental to the public welfare of the community if conditions addressing the
concerns, above, are met.
ALTERNATIVES AND RECOMMENDATION
The Council has the following options:
1. Variances
a. Make findings practical difficulty has been established and approve, with
or without conditions: a 4,040 square foot variances to City Code Section
31-515.1.1 provision the Amusement and Recreational Establishment; a 26
parking stall variance to City Code Section 31-510.1(c), Number of parking
spaces required; and an 19% variance to the 60% maximum (impervious) lot
coverage requirement as identified in City Code Section 31-320(c).
a. Make findings practical difficulty has not been established and determine
any or all of the proposed variances and deny the variance(s).
2. Special Use Permit
a. Make findings the proposed use conforms to the provisions for issuance of
a Special Use permit and approve the Special Use Permit with or without
conditions. If the Commission would like to approve the Case No. 2015-15
with conditions, staff would recommend the following:
i. No greater than 14 firing lanes shall be permitted. Five of the firing
lanes shall be made available for rental to community service
personnel and community education activities.

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ii. The Amusement and Recreational Establishment portion of the


building shall not be in operation between the hours of 10:00 pm
and 7:00 am.
iii. The establishment must have at least one adult employee or adult
supervisory volunteer in the premises during all hours of
operation.
iv. Soundproofing specifications shall be submitted with the building
permit application.
v. The Establishment shall install appropriate and sufficient
soundproofing to be in compliance with City Code Section 38-3,
Noise Control and Regulation, for sound levels outside of the
establishment, including but not limited to the sound produced
from air handling and mechanical equipment.
vi. A total of 35 additional parking spaces shall be created onsite. A
permeable surface parking area and suitable base found
satisfactory to the City Engineer shall be utilized for all new
parking and drive areas.
vii. A grading plan shall be reviewed by the City Engineering
Department and a Browns Creek Watershed District permit shall
be obtained prior to the installation of the additional parking
spaces.
viii. Upon the sale to MN Shooting Academy and prior to the release of
necessary building permits, a 15 trail easement shall be dedicated
to the City of Stillwater along the eastern property boundary for
future trail connection between Curve Crest Boulevard and
Highway 36.
ix. Conditions of a HPC issued Design Permit shall be incorporated
into this Special Use Permit by reference.
x. Plans and the use will need to be approved by the engineering, fire
and building officials before the issuance of a building permit.
xi. All changes to the approved plans will need to be reviewed and
approved by the Community Development Director. Any major
changes will need to go to the Planning Commission for review and
approval.
b. Determine that the proposed commercial Amusement and Recreational
Establishment is not consistent with the Special Use Permit provisions or
the Comprehensive Plan and deny the Special Use Permit.
c. Table the application requesting more information be brought back before
the Council at their September 1, 2015 meeting.
FINDINGS AND RECOMMENDATION

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The applicant has demonstrated that, if certain conditions are met, the proposed use
conforms to the requirements and the intent of the zoning code, the comprehensive
plan, relevant area plans and other lawful regulations and that the use will not
constitute a nuisance or be detrimental to the public welfare of the community.
Furthermore, the unique size of the building allows for a greater than 3,000 square foot
Amusement and Recreational Establishment to be located wholly within the existing
building, a 4,040 square foot variance to the maximum Amusement and Recreational
Establishment size is reasonable and provided the use, and all associated uses including
mechanical equipment, complies with all noise regulations in effect, practical difficulty
has been established. Therefore, staff would recommend approval of a Special Use
Permit for a 7,040 square foot indoor firing range, an Amusement and Recreational
Establishment, with associated classroom spaces to be used for an educational
institution should be granted approval.
The applicant has not demonstrated practical difficulty exists for the 35 off-street
parking stall variance nor the 19% impervious surface coverage variance as other
reasonable alternatives exist. Therefore, staff recommends denial of these two
variances.
ATTACHMENTS
Memorandum, City Attorney Magnuson
Appeal Information
City Code Section 31-217
Appeal Letter and Attachment, Melissa Douglas
Appeal Letter, Ann Kocksiek
Applicant Revised Plan set (3 pages)
Public Comment, Anne Siess
MPCA Noise Pollution Control
Planning Commission July 8, 2015, Minutes
Planning Commission staff report
Site Location Map
Original Application Submission
Narrative Request (2 pages)
Plan set (3 pages)
Ballistic Walls and Baffles Specifications (5 pages)
Noise Exposure Assessment & Abatement Strategies Narrative (1 page)
Safety Baffle Cutsheet (2 pages)
Wall Baffle Cutsheet (2 pages)
Action Target Sound Inspection Reports (3 pages)

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Magnuson Law Firm


Licensed in Minnesota and Wisconsin
The Grand Garage

324 Main Street South Suite #1260 Stillwater,MN 55082-5165


Telephone: (651)439-9464 Facsimile: (651)439-5641
www.MagnusonLawFirm.com

David T. Magnuson

Amanda K. Drew

DTMagnuson@MagnusonLawFirm.com

AKDrew@magnusonlawfirm.com

MEMORANDUM
TO:

Mayor, City Council, and Staff

FROM:

David T. Magnuson

DATE:

August 5,2015

RE:

Shooting Range Zoning Appeal

The Appeal filed by Melisa Douglas alleges it would violate State Law and our City Code that to grant a
Special Use Permit for an indoor shooting range in the BP-0 Zoning District because indoor shooting
ranges are not an allowed or permitted Use in the BP-O Zoning District. The allegation is that a "use"
variance cannot be granted. The appeal would be well founded, except for a special provision in the City
Code found at Sec. 31-515.1.
"Sec. 31-515.1. Amusement and recreational establishments in the BP-O District.

The City of Stillwater finds that "amusement and recreational establishments" (such as
armories, assembly halls. Bowling alleys, dance halls, pools and billiard parlors, skating
rinks and other social, sport or recreational centers) are uses that under certain
circumstances fit compatibly with other uses in the BP-O, Business Park Office Zoning
District. Consequently, such uses shall be allowed by Special Use Permit
" and
2(a) of that Section mandates that the establishment "shall" be a commercial use for the
purpose of noise control.

The listing of uses in this Section is not intended to limit the uses permitted by Special Use Permit.
Instead, the list is illustrative of a type of use. It is amusement and recreational establishments that are
permitted by SUP and the ordinance provides examples of the uses with the introductory clause that uses
"such as" those on the list are also permitted {emphasis added).
Similarly, Sec. 31-101 Sub. 30 of our City Code defines "Commercial Recreation" to include bowling
alleys, skating rinks, dancehalls, pool halls, the same uses illustrated by Section 31-515.1. Sec. 31.101
Sub. 30 also notes that the list is illustrative and not limiting, by the phrase that included in the list are
"tavern, theater, firearm ranee and similar uses" {emphasis added).
Therefore, since a shooting range is a commercial amusement and recreational use, it can be permitted by
Special Use Permit in the BP-O Zoning District.

Page 2
August 5, 2015

Memo re: Shooting Range Zoning Appeal

The Code goes on the establish certain standards for these uses, but what is important for this analysis is
that the proposed use is allowed as a Special Use in the BP-0 Zoning District. Therefore, it is legally
permitted to consider variances associated with square footage, parking requirements and impervious lot
coverage requirements, the variances requested in this application.
Further, Courts will examine the denial of a Special Use Permit more closely than the denial of a
variance, because a Special Use is one permitted by the Ordinance and the issue is simply whether the
standards have been met. A variance may be granted only under a 5 part test established by the 2011
State Legislation. A variance may, but is not required to be granted when an applicant has "practical
difficulties'' with the regulations. Practical difficulties means: property owners propose to use the
property in a reasonable manner not permitted by the ordinance, the problem is due to circumstances
unique to the property and not created by the landowners, and the variance will not alter the essential
character of the locality. Lastly, the variance must be consistent with the Comprehensive Plan and be in
harmony with the purpose and intent of the Zoning Ordinance.

Finally, the Appeal cites a state law that grants certain rights to shooting ranges once they arc
lawfully established and operated pursuant to the November 1999 revised addition of the National Rifle
Association Ranue Source Book: A Guide to Planning and Construction. While it is true that this law,
enacted in Minnesota in 2005, grants certain protection to shooting ranges, the law does not control the

process for granting a zoning permit for the use nor should it be a basis, standing alone, for denial.
Respectfully Submitted,

David T. Magnuson
Stillwater City Attorn

Stillwater, MN Code of Ordinances

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7/20/2015 3:09 PM

MINNESOTA STATUTES 2014

87A.03

CHAPTER 87A
SHOOTING RANGES
87A.01

DEFINITIONS.

87A.02

SHOOTING RANGE PERFORMANCE


STANDARDS; BEST PRACTICES.

87A.03

COMPLIANT RANGES; AUTHORIZED


ACTIVITIES.

87A.06

NUISANCE ACTIONS; COMPLIANCE


WITH SHOOTING RANGE PERFORMANCE
STANDARDS.

87A.07

CLOSURE OF SHOOTING RANGES.

87A.08

APPLICABILITY OF OTHER LAWS.


PUBLIC SHOOTING RANGES; ACCESSIBILITY.
TRAP SHOOTING SPORTS FACILITY GRANTS.

87A.04

MITIGATION AREA.

87A.09

87A.05

NOISE STANDARDS.

87A.10

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. 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 1 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 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 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 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 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
Copyright 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 L10 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 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 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
Copyright 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

87A.08

MINNESOTA STATUTES 2014

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 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 of Natural Resources firearms safety
instruction course under section 97B.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 1 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 2014 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

MN SHOOTING ACADEMY
2159 Curve Crest Boulevard, Stillwater, MN
PROJECT
DIRECTORY

CLASSROOM
RETAIL SPACE
LOUNGE VENDING
'B' OCCUPANCY

OWNER
XXX
XXX
XXX
CONTACT: XXX
PHONE: XXX
CELL: XXX
EMAIL: XXX

CODE DATA

795 SQ.FT. 3 PARKING STALLS PER CLASSROOM + 1 PER / INSTRUCTOR = 8


7,500 SQ.FT. 1 PARKING STALLS PER 200 = 38
740 SQ.FT. 1 PARKING STALLS PER 200 = 4

GUN RANGE

7,040 SQ.FT. 14 SHOOTERS AND 6 INSTRUCTORS = 20

WAREHOUSE / STORAGE

5,383 SQ.FT. 1 PARKING STALLS PER 1000 = 6

EMPLOYEES ONLY

1,924 SQ.FT. 8 EMPLOYEES

TOTAL PARKING STALLS REQUIRED = 84

MN SHOOTING
ACADEMY

CONTRACTOR:
XXX
XXX
XXX
CONTACT: XXX
PHONE: XXX
CELL: XXX
FAX: XXX
EMAIL: XXX

67' - 1"

CURVE CREST BLVD.

CONTACT: MICHAEL F. DIEM


PHONE: 651-430-0606
CELL: 651-271-7289
FAX: 651-430-2414
EMAIL: mike@archnetusa.com

STRUCTURAL ENGINEER

11

DUFFY ENGINEERING
350 HIGHWAY 10 SOUTH
ST. CLOUD, MINNESOTA 56304

13

2159 Curve Crest


Boulevard, Stillwater, MN
1

WASHINGTON AVE.

ARCHNET INC.
333 NORTH MAIN STREET SUITE 201
STILLWATER, MN 55082

36 PROOF OF PARKING STALLS

23

ARCHITECT

26,700 SQ. FT.


49 EXISTING PARKING STALLS + 36 PROOF OF
PARKING STALLS = 85 PARKING STALLS

11

Date

1 REV.1

8-11-15

27

44' - 6"

30' - 11"

115' - 2"

Item

93' - 2"

CONTACT: RYAN SEAVERT


O: (320) 259-6575
F: (320) 259-6991
EMAIL: SeavertR@DuffyEng.com
WEBSITE: DUFFYENG.COM

Revisions

NOTE SITE PLAN IS FOR REFERENCE ONLY, ALL EXISTING SITE CONDITIONS TO REMAIN , NO NEW ADDITIONAL SITE WORK

GREEN SPACE PRELIMINARY CALCULATION:


100,877 SF SITE
21,236 SF GREEN (21%) WITH INCREASED PARKING

LOCATION MAP
SITE

DRAWING INDEX

SITE PLAN
1" = 40'-0"

GENERAL NOTES
1. IF ANY DISCREPANCIES EXIST BETWEEN ARCHITECTURAL, STRUCTURAL OR CIVIL DRAWINGS, CONSULT WITH ARCHITECT BEFORE COMMENCING WITH CONSTRUCTION.
2. DO NOT SCALE DRAWINGS, IF ADDITIONAL DIMENSIONS ARE REQUIRED CONTACT ARCHITECT.
3. GENERAL CONTRACTOR TO SUPPLY A FULL SET OF PLANS TO THE SUBS & SHOP SUPPLIERS.
4. GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO FIELD VERIFY ALL EXISTING CONDITIONS & DIMENSIONS PRIOR TO COMMENCING WITH WORK AND TO NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES.
5. GENERAL CONTRACTOR SHALL VERIFY AND INSURE ALL UTILITIES ARE LOCATED IN FIELD AND COORDINATE AS NECESSARY WITH NEW WORK.
6. GENERAL CONTRACTOR AND ALL SUB-CONTRACTORS SHALL PERFORM WORK IN CONFORMANCE WITH ALL APPLICABLE BUILDING CODES AND LAWS.
7. NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN SPECIFICATIONS, PLANS AND NOTES. CONTRACTOR SHALL BE HELD TO COMPLY WITH THE MORE STRINGENT REQUIREMENTS.
8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIREPROTECTION, AND STRUCTURE CONSTRUCTION AND SHALL COMPLY WITH ALL APPLICABLE CODES AS INDICATED.
9. REQUIRED MEANS OF EGRESS AND SECURITY TO SPACE SHALL BE MAINTAINED DURING CONSTRUCTION.
10. GENERAL CONTRACTOR TO NOTE CONSTRUCTION TIME LINE OF PROJECT AND THAT CONSTRUCTION MAY START IN WINTER. GENERAL CONTRACTOR SHOULD PLAN ACCORDINGLY FOR WINTER CONDITIONS.
11. GENERAL CONTRACTOR SHALL COORDINATE & INSTALL ALL NECESSARY BLOCKING, SHIMS & BACKING FOR FIXTURES, EQUIPMENT, AND ACCESSORIES RELATED TO THE SCOPE OF WORK.
12. CONTRACTOR SHALL CALL FIRE INSPECTOR AT ELECTRIC R.I. TO CONFIRM LOCATION OF EXIT SIGNS AND EMERGENCY LIGHTING. EMERGENCY LIGHTING IS REQUIRED AT ALL EXIT DOORS. EXIT AND DIRECTIONAL SIGNAGE SHALL BE INSTALLED AT EVERY REQUIRED EXIT DOORWAY, INTERSECTION OF CORRIDORS AND AT
OTHER SUCH LOCATIONS AND INTERVALS AS NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS.
13. FIRE EXTINGUISHER TO BE A MINIMUM 2A10BC, RATED WALL MTD. AT A HEIGHT TO MEET ADA CODES WITH SIGNAGE.
14. CONTRACTOR SHALL FURNISH/INSTALL FIRE EXTINGUISHERS AND F.E. WALL SIGNAGE COMPLIANT WITH CODES. ALL F.E.'S SHALL BE TAGGED, CURRENTLY DATED, EFFECTIVE FOR ONE-YEAR. FINAL QUANTITIES OF FIRE EXTINGUISHERS ARE SUBJECT TO CODES AND/OR LOCAL FIRE MARSHAL
DIRECTIONS/REQUIREMENTS.
15. SPRINKLER INSTALLING CONTRACTOR MUST OBTAIN A FIRE SPRINKLER PERMIT FOR FIRE SPRINKLER WORK PRIOR TO SYSTEM INSTALLATION. CONSTRUCTION DOCUMENTS AND CALCULATIONS MUST BE PROVIDED BY THE SPRINKLER INSTALLER FOR REVIEW AND APPROVAL.
16. IT IS THE SPRINKLER SUB-CONTRACTORS RESPONSIBILITY TO DESIGN THE SPRINKLER SYSTEM TO ALL AREAS INCLUDING CONCEALED SPACES AND TO FIT WITHIN THE ROOF STRUCTURE AND AVOID LIGHT FIXTURES, FANS & MECHANICAL DUCT IN THE SPACES WITH EXPOSED STRUCTURE. AS HIGH AND TIGHT TO THE
DECK AS POSSIBLE.
17. SUBMIT ALL COLOR SAMPLES TO OWNER AND ARCHITECT FOR APPROVAL PRIOR TO CONSTRUCTION. ALLOW AMPLE TIME FOR SELECTIONS AND APPROVALS.
18. DESIGN-BUILD SUB-CONTRACTORS ARE TO VERIFY THAT ALL APPLICABLE WORK IS IN THEIR SCOPE OF WORK AND THEREFORE IN THEIR RESPECTIVE BID. IT IS THE RESPONSIBILITY OF THE DESIGN-BUILD SUB-CONTRACTOR TO COORDINATE THIS WITH OTHER SELECTED DESIGN-BUILD SUB-CONTRACTORS.

Registration Information
I hereby certify that this plan,
specification, or report was prepared by
me or under my direct supervision, and
that I am a duly Licensed Architect
under the laws of the State of
Minnesota

Printed Name
MICHAEL F. DIEM
Signature
DATE

License #

8-11-15

16844

Sheet Information

SHEET# SHEET NAME


GENERAL
TO

TITLE SHEET

TITLE SHEET

ARCHITECTURAL
D1
DEMO PLAN
A1.0 FLOOR PLAN & SCHEDULES
Project No :

15-111

Drawing No :

Sheet Size : 24" x 36"


Drawn By :

STRUCTURAL
XXX
XXX

NOTE ELEVATION IS FOR REFERENCE ONLY, NO NEW WORK


EXISTING ELEVATION
1
3/32" = 1'-0"

CAL

Checked By :
Date :

RT

TO

8-11-15
C 2015 ARCHNET, Inc.

KEY
EXISTING WALL TO BE DEMO
EXISTING WALL TO REMAIN

NEW WALL

6
A1.0

MN SHOOTING
ACADEMY
DEMO WALL AND DOOR

B
2159 Curve Crest
Boulevard, Stillwater, MN

Revisions
Item

Date

1 REV.1

8-11-15

Registration Information

I hereby certify that this plan,


specification, or report was prepared by
me or under my direct supervision, and
that I am a duly Licensed Architect
under the laws of the State of
Minnesota

Printed Name
MICHAEL F. DIEM
1

DEMO PLAN
3/32" = 1'-0"

Signature
DATE

License #

8-11-15

16844

Sheet Information
DEMO SHEET

Project No :

15-111

Drawing No :

Sheet Size : 24" x 36"


Drawn By :

CAL

Checked By :
Date :

RT

D1

8-11-15
C 2015 ARCHNET, Inc.

KEY

EXISTING WALL TO BE DEMO


EXISTING WALL TO REMAIN
NEW WALL

6
A1.0
(5) NEW BOLLARDS

A
STORAGE

WOMEN

111

104

BREAK ROOM

VESTIBULE
100

110

ELEC.
112

MEN
RETAIL SPACE

105

101
21' - 0"

21' - 5"

5' - 5"

116

CORRIDOR
117

OFFICE

117

107

MN SHOOTING
ACADEMY

B
112' - 0"

8' - 0"

LANE 1

102A

102

8' - 0"

3' - 0"

5' - 5"

106

115

115
5' - 8"

5' - 5"

1' - 4 1/2"

116

OFFICE

CLASSROOM
3' - 0"

CLASSROOM

LANE 2

LANE 3

24' - 8"

TYP.

3' - 0"

1' - 4 1/2"

108

21' - 0"

OFFICE

LANE 4

GUN RANGE

LANE 5

103

LANE 6

2159 Curve Crest


Boulevard, Stillwater, MN

AIR LOCK
102

LANE 7

C
SAFETY CORRIDOR

33' - 4"

TYP.

114

LANE 10
4' - 4"

113

LANE 8
LANE 9

30' - 4"

WAREHOUSE

60' - 0"

BULLET CATCHER AREA

1' - 0"

Revisions
Item

Date

1 REV.1

LANE 11

8-11-15

LOUNGE VENDING

LANE 12

109

114

LANE 13
2' - 0"

STORAGE
1' - 0"

GUN SMITH
(OFFICE)

LANE 14

D
DOCK

N
1
1

FLOOR PLAN
3/32" = 1'-0"

NOTES:
1. DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER
2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER

Registration Information

ROOM FINISH SCHEDULE


Number

12" CMU CORE FILLED, SEE STRUCT.


FOR REINFORCING

T.O.W.
122' - 0"
EXISTING BAR JOIST BEARING 118'-0"

EXISTING BAR JOIST BEARING 116'-0"

WALL TYPE 1

INTERIOR WALL TYPES


1" = 1'-0"

SEE SCHEDULE

SEE SCHED.

SEE SCHEDULE

NEW12" CMU CORE FILLED,


SEE STRUCT. FOR
REINFORCING

FLOOR PLAN
100' - 0"

SECTION
1/8" = 1'-0"

2"

F1
HOLLOW
MTL. FRAME

PROVIDE NEW FOOTING AS


REQUIRED SEE STRUCT.

SEE SCHED.

NEW STEEL BEAMS SEE STRUCT.


NOTE WALL AND CEILING STEEL PANELS FOR
BULLET RICOCHET PREVENTION BY OTHERS

FRAME TYPES
1/4" = 1'-0"

100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117

NAME

WALL FINISH

DOOR TYPES
1/4" = 1'-0"

HARDWARE LEGEND
GROUP 1 INTERIOR LATCH SET,
BUTTS AS REQ'D
1 EA CLOSER
1 EA DOOR STOP
1 EA LATCH SET

BASE

CEILING
FINISH

CEILING
HEIGHT

COMMENTS

VESTIBULE
RETAIL SPACE
AIR LOCK
GUN RANGE
WOMEN
MEN
OFFICE
OFFICE
OFFICE
GUN SMITH (OFFICE)
BREAK ROOM
STORAGE
ELEC.
WAREHOUSE
STORAGE
CLASSROOM
CLASSROOM
CORRIDOR

Printed Name
MICHAEL F. DIEM
Signature
DATE

License #

8-11-15

16844

Sheet Information
FLOOR PLAN

A
NON-INSULATED
H.M. DOOR

FLOOR
FINISH

I hereby certify that this plan,


specification, or report was prepared by
me or under my direct supervision, and
that I am a duly Licensed Architect
under the laws of the State of
Minnesota

DOOR SCHEDULE
DOOR #
102
102A
114
115
116
117

FROM ROOM: NAME


RETAIL SPACE
AIR LOCK
RETAIL SPACE
CLASSROOM
CLASSROOM
WAREHOUSE

HEIGHT WIDTH
7'
7'
7'
7'
7'
7'

0"
0"
0"
0"
0"
0"

3'
3'
3'
2'
2'
2'

0"
A
0"
A
0"
A
10"
10"
10"

DOOR TYPE

FRAME
TYPE
F1
F1
F1

HDWR
GROUP
1
1
1

Project No :

COMMENTS

15-111

Drawing No :

Sheet Size : 24" x 36"


Drawn By :

CAL

Checked By :
Date :

RT

A1.0

8-11-15
C 2015 ARCHNET, Inc.

Abbi Wittman
From:
Sent:
To:
Cc:
Subject:

A. Sundberg Siess <afsundberg@yahoo.com>


Thursday, August 13, 2015 12:04 PM
Abbi Wittman; Bill Turnblad
Anne Siess
Case 2015-15

Abbi, Please share this with the council for Case 2015-15.
**************
Stillwater City Council,
I am a current member of the Stillwater Planning Commission; this is the second case regarding guns during my tenure.
Part of the difficulty in assessing these cases is Stillwater's lack of ordinance regarding guns. Due to lack of ordinance, the
city is left to compare the use/regulation to that of other businesses that are arguably ironic. I urge you to read the
minutes of case 2011-25 where the request to sell guns to customers out of a residence was compared to a hair salon.
The case before you tonight is lumped into an entertainment use, which is comparable to a roller rink, bowling alley, etc. A
gun to a shampoo bottle/roller skate is like apple to orange.
My hope is for the city to thoughtfully plan the use/sale of guns with wise ordinances that are fair/reasonable to all parties
and promote safety. Pasted below is an indoor gun range ordinance for Chanhassen, Minnesota for your consideration.
Respectfully,
Anne Siess
170 Interlachen Way Court, Stillwater

Sec. 20-298.5. - Gun range, indoor.


(1)
The gun range shall not be located on any lot adjacent to an existing residential district.
(2)
The gun range when established shall not be located within 1,000 lineal feet, measured from building to
building, of an establishment licensed to dispense intoxicating or nonintoxicating liquor. Indoor gun ranges shall
not sell or dispense intoxicating liquors, nor shall they be in a building which contains a business that sells or
dispenses nonintoxicating or intoxicating liquors.
(3)
The use, occupancy and construction of the building shall conform to the Minnesota State Building Code.
(4)
The building and method of operation shall comply with M.S. ch. 87A.
1

(5)
The building and method of operation shall conform to the applicable Minnesota Pollution Control Agency,
Environmental Protection Agency, and OSHA standards for indoor ventilation, emission into the atmosphere,
indoor sound levels, lead containment and outside noise standards.
(6)
The design and construction of the gun range shall completely confine all ammunition rounds within the
building and in a controlled manner. The design and construction of the gun range shall be certified by a
registered engineer in the State of Minnesota. The certified plans shall include the specifications and
construction of the bullet trap(s), ceilings, exterior and interior walls and floors. The certified plans shall state
what type and caliber of ammunition the range is designed to totally confine.
(7)
No ammunition shall be used in the range that exceeds the certified design and construction specifications of
the gun range.
(8)
Firearms shall not be stored on the premises when the range is closed for business, unless they are stored in
an acceptable gun safe or other secure locking device.
(9)
On-site supervision shall be supplied at all times by an adult who is an experienced range operator. The range
operator shall be responsible for the conduct of their place of business and the conditions of safety and order in
the place of business and on the premises.
(10)
Each range shall have a clear and concise safety plan. The plan must be signed, published, and reviewed at
specific intervals and distributed to all range users to study and use.
(11)
The range operator shall provide and maintain proof of liability insurance which shall require the insurer notify
the city manager in writing of cancellation of the policy, a change in the limit of the policy, and/or a change in
policy ownership. Said policy shall be available for inspection by the city manager and/or his/her assigns at all
times.
(12)
2

On-site instruction shall be given only by firearms instructors certified within the prior five years by an
organization or government entity that has been approved by the Minnesota Department of Public Safety.
Current certificates for firearms instructors shall be on display in a conspicuous location in the premises and
available for public inspection.
(13)
An outside security plan for the general grounds shall be submitted to the city for review and approval.
(14)
The transport of firearms on the premises, to the premises, and from the premises shall conform to state law.
(15)
Minors shall not be allowed in the range unless accompanied by an adult at all times. This provision shall not
be interpreted to prohibit minors from participating in a firearm safety class which is supervised by an adult
instructor.
(16)
In the industrial office park district, retail sales and rental shall be limited to gun-related material and equipment
with a maximum display area of 20 percent of the floor area.
(17)
In multi-tenant buildings, the gun range shall be soundproofed to prevent the sound from being heard by
persons in adjoining units.
(Ord. No. 527, 2, 8-22-11)

1
CHAPTER 7030
MINNESOTA POLLUTION CONTROL AGENCY
NOISE POLLUTION CONTROL
GENERALLY
7030.0010

INCORPORATION BY REFERENCE.

7030.0020

DEFINITIONS.

7030.0030

NOISE CONTROL REQUIREMENT.

7030.0040

NOISE STANDARDS.

7030.0050

NOISE AREA CLASSIFICATION.

7030.0060

MEASUREMENT METHODOLOGY.

7030.0070

SOUND ATTENUATION MEASUREMENT METHODOLOGY.

7030.0080

VARIANCE.
MOTOR VEHICLE NOISE LIMITS

7030.1000

DEFINITION.

7030.1010

PROHIBITIONS.

7030.1020

SCOPE.

7030.1030

EXCEPTIONS.

7030.1040

NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS.

7030.1050

MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES.

7030.1060

NOISE LIMITS FOR OTHER VEHICLES.

GENERALLY
7030.0010 INCORPORATION BY REFERENCE.
For the purpose of chapter 7030, American National Standards Institute, Specification for Sound
Level Meters, S1.4-1983 is incorporated by reference. This publication is available from the American
National Standards Institute, 1430 Broadway, New York, N.Y. 10018 and can be found at: the offices of
the Minnesota Pollution Control Agency, 1935 West County Road B-2, Roseville, Minnesota 55113; the
Government Documents Section, Room 409, Wilson Library, University of Minnesota, 309 19th Avenue
South, Minneapolis, Minnesota 55454; and the State of Minnesota Law Library, 25 Rev. Dr. Martin Luther
King Jr. Blvd., Saint Paul, Minnesota 55155. This document is not subject to frequent change.
The Federal Highway Administration publication, Sound Procedures for Measuring Highway Noise:
Final Report, FHWA-DP-45-1R (August 1981) is incorporated by reference. This publication is available
from the United States Department of Transportation, Federal Highway Administration, 1000 North Globe
Road, Arlington, Virginia 22201 and can be found at: the offices of the Minnesota Pollution Control Agency,
1935 West County Road B-2, Roseville, Minnesota 55113; the Government Documents Section, Room 409,
Wilson Library, University of Minnesota, 309 19th Avenue South, Minneapolis, Minnesota 55454; and the
State of Minnesota Law Library, 25 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.
This document is not subject to frequent change.

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.0030 NOISE POLLUTION CONTROL

Statutory Authority: MS s 116.07


History: 11 SR 43; 18 SR 614
Published Electronically: December 12, 2003
7030.0020 DEFINITIONS.
Subpart 1. Application. The terms used in this chapter have the meanings given them in this part.
Subp. 2. A-weighted. "A-weighted" means a specific weighting of the sound pressure level for the
purpose of determining the human response to sound. The specific weighting characteristics and tolerances
are those given in American National Standards Institute S1.4-1983, section 5.1.
Subp. 3. Daytime. "Daytime" means those hours from 7:00 a.m. to 10:00 p.m.
Subp. 4. dB(A). "dB(A)" means a unit of sound level expressed in decibels (dB) and A-weighted.
Subp. 5. Decibel. "Decibel" means a unit of sound pressure level, abbreviated as dB.
Subp. 6. Impulsive noise. "Impulsive noise" means either a single sound pressure peak (with either
a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure
peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced
at least by 200 millisecond pauses.
Subp. 7. L10. "L10" means the sound level, expressed in dB(A), which is exceeded ten percent of the
time for a one hour survey, as measured by test procedures approved by the commissioner.
Subp. 8. L50. "L50" means the sound level, expressed in dB(A), which is exceeded 50 percent of the
time for a one hour survey, as measured by test procedures approved by the commissioner.
Subp. 9. Municipality. "Municipality" means a county; a city; a town; a regional planning and
development commission established under Minnesota Statutes, chapter 473; the metropolitan council; or
other governmental subdivision of the state responsible by law for controlling or restricting land use within
its jurisdiction.
Subp. 10. Nighttime. "Nighttime" means those hours from 10:00 p.m. to 7:00 a.m.
Subp. 11. Person. "Person" means any human being, any municipality or other governmental or
political subdivision or other public department or agency, any public or private corporation, any partnership,
firm, association, or other organization, any receiver, trustee, assignee, agency, legal entity, other than a court
of law, or any legal representative of any of the foregoing, but does not include the agency.
Subp. 12. Sound pressure level. "Sound pressure level", in decibels, means 20 times the logarithm
to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20
micronewtons per square meter.
Statutory Authority: MS s 116.07
History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614
Published Electronically: December 12, 2003
7030.0030 NOISE CONTROL REQUIREMENT.
No person may violate the standards established in part 7030.0040, unless exempted by Minnesota
Statutes, section 116.07, subdivision 2a. Any municipality having authority to regulate land use shall take

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

NOISE POLLUTION CONTROL 7030.0050

all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in
noise area classification (NAC) 1, 2, or 3 in any location where the standards established in part 7030.0040
will be violated immediately upon establishment of the land use.
Statutory Authority: MS s 116.07
History: 11 SR 43; 18 SR 614
Published Electronically: December 12, 2003
7030.0040 NOISE STANDARDS.
Subpart 1. Scope. These standards describe the limiting levels of sound established on the basis
of present knowledge for the preservation of public health and welfare. These standards are consistent
with speech, sleep, annoyance, and hearing conservation requirements for receivers within areas grouped
according to land activities by the noise area classification (NAC) system established in part 7030.0050.
However, these standards do not, by themselves, identify the limiting levels of impulsive noise needed for
the preservation of public health and welfare. Noise standards in subpart 2 apply to all sources.
Subp. 2. Noise standards.

Noise Area Classification

Daytime

Nighttime

L50

L10

L50

L10

60

65

50

55

65

70

65

70

75

80

75

80

Statutory Authority: MS s 116.07


History: 11 SR 43; 18 SR 614
Published Electronically: December 12, 2003
7030.0050 NOISE AREA CLASSIFICATION.
Subpart 1. Applicability.The noise area classification is based on the land use activity at the location
of the receiver and determines the noise standards applicable to that land use activity unless an exception is
applied under subpart 3.
Subp. 2. Noise area classifications. The noise area classifications and the activities included in each
classification are listed below:

Noise Area
Classification
1

Land Use Activities


Household Units (includes farm houses)

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.0050 NOISE POLLUTION CONTROL

Group quarters
Residential hotels
Mobile home parks or courts
Transient lodging
Other residential
Motion picture production
Medical and other health services
Correctional institutions
Educational services
Religious activities
Cultural activities and nature exhibitions
Entertainment assembly
Camping and picnicking areas (designated)
Resorts and group camps
Other cultural, entertainment, and recreational activities.
2

Railroad terminals (passenger)


Railroad terminals (passenger and freight)
Rapid rail transit and street railway passenger terminals
Bus passenger terminals (intercity)
Bus passenger terminals (local)
Bus passenger terminals (intercity and local)
Other motor vehicle transportation
Airport and flying field terminals (passenger)
Airport and flying field terminals (passenger and freight)
Marine terminals (passenger)
Marine terminals (passenger and freight)
Automobile parking
Telegraph message centers
Transportation services and arrangements
Wholesale trade
Retail trade building materials, hardware, and farm equipment
Retail trade general merchandise
Retail trade food
Retail trade automotive, marine craft, aircraft, and accessories

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

NOISE POLLUTION CONTROL 7030.0050

Retail trade apparel and accessories


Retail trade furniture, home furnishings, and equipment
Retail trade eating and drinking
Other retail trade
Finance, insurance, and real estate services
Personal services
Business services
Repair services
Legal services
Other professional services
Contract construction services
Governmental services (except correctional institutions)
Miscellaneous services (except religious activities)
Public assembly (except entertainment assembly and race tracks)
Amusements (except fairgrounds and amusement parks)
Recreational activities (except designated camping and picnicking areas)
Parks.
3

Food and kindred products manufacturing


Textile mill products manufacturing
Apparel and other finished products made from fabrics, leather, and similar materials
manufacturing
Lumber and wood products (except furniture) manufacturing
Furniture and fixtures manufacturing
Paper and allied products manufacturing
Printing, publishing, and allied industries
Chemicals and allied products manufacturing
Petroleum refining and related industries
Rubber and miscellaneous plastic products manufacturing
Stone, clay, and glass products manufacturing
Primary metal industries
Fabricated metal products manufacturing
Professional, scientific, and controlling instruments; photographic and optical goods;
watches and clocks manufacturing
Miscellaneous manufacturing (except motion picture production)

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.0050 NOISE POLLUTION CONTROL

Railroad, rapid transit, and street railway transportation (except passenger terminals)
Motor vehicle transportation (except passenger terminals)
Aircraft transportation (except passenger terminals)
Marine craft transportation (except passenger and freight terminals)
Highway and street right-of-way
Communication (except telegraph message centers)
Utilities
Other transportation, communication, and utilities (except transportation services
and arrangements)
Race tracks
Fairgrounds and amusement parks
Agricultural
Agricultural and related activities
Forestry activities and related services (including commercial forest land, timber
production, and other related activities)
Fishing activities and related services
Mining activities and related services
Other resource production and extraction
All other activities not otherwise listed.
4

Undeveloped and unused land area (excluding noncommercial forest development)


Noncommercial forest development
Water areas
Vacant floor area
Under construction
Other undeveloped land and water areas.

Subp. 3. Exceptions. The noise area classification for a land use may be changed in the following
ways if the applicable conditions are met.
A. The daytime standards for noise area classification 1 shall be applied to noise area
classification 1 during the nighttime if the land use activity does not include overnight lodging.
B. The standards for a building in a noise area classification 2 shall be applied to a building in
a noise area classification 1 if the following conditions are met:
(1) the building is constructed in such a way that the exterior to interior sound level
attenuation is at least 30 dB(A);
(2) the building has year-round climate control; and
(3) the building has no areas or accommodations that are intended for outdoor activities.

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

NOISE POLLUTION CONTROL 7030.0060

C. The standards for a building in a noise area classification 3 shall be applied to a building in
a noise area classification 1 if the following conditions are met:
(1) the building is constructed in such a way that the exterior to interior sound level
attenuation is at least 40 dB(A);
(2) the building has year-round climate control; and
(3) the building has no areas or accommodations that are intended for outdoor activities.
D. The standards for a building in a noise area classification 3 shall be applied to a building in
a noise area classification 2 if the following conditions are met:
(1) the building is constructed in such a way that the exterior to interior sound level
attenuation is at least 30 dB(A);
(2) the building has year-round climate control; and
(3) the building has no areas or accommodations that are intended for outdoor activities.
Statutory Authority: MS s 116.07
History: 11 SR 43; 18 SR 614
Published Electronically: December 12, 2003
7030.0060 MEASUREMENT METHODOLOGY.
Subpart 1. Measurement location. Measurement of sound must be made at or within the applicable
NAC at the point of human activity which is nearest to the noise source. All measurements shall be made
outdoors.
Subp. 2. Equipment specifications. All sound level measuring devices must meet Type O, I, II, or
S specifications under American National Standards Institute S1.4-1983.
Subp. 3. Calibration. All sound level measuring devices must, at a minimum, be externally field
calibrated before and after monitoring using a calibration device of known frequency and sound pressure
level.
Subp. 4. Measurement procedures. The following procedures must be used to obtain representative
sound level measurements:
A. Measurements must be made at least three feet off the ground or surface and away from
natural or artificial structures which would prevent an accurate measurement.
B. Measurements must be made using the A-weighting and fast response characteristics of the
sound measuring device as specified in American National Standards Institute S1.4-1983.
C. Measurements must not be made in sustained winds or in precipitation which results in a
difference of less than ten decibels between the background noise level and the noise source being measured.
D. Measurements must be made using a microphone which is protected from ambient
conditions which would prevent an accurate measurement.
Subp. 5. Data documentation. A summary sheet for all sound level measurements shall be
completed and signed by the person making the measurements. At a minimum, the summary sheet shall
include:

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.0080 NOISE POLLUTION CONTROL

A. date;
B. time;
C. location;
D. noise source;
E. wind speed and direction;
F. temperature;
G. humidity;
H. make, model, and serial number of measuring equipment;
I. field calibration results;
J. monitored levels; and
K. site sketch indicating noise source, measurement location, directions, distances, and
obstructions.
Statutory Authority: MS s 116.07
History: 11 SR 43; 17 SR 1279; 18 SR 614
Published Electronically: December 12, 2003
7030.0070 SOUND ATTENUATION MEASUREMENT METHODOLOGY.
Subpart 1. Purpose. Sound level measurements made for assessing sound attenuation as specified
in part 7030.0050, subpart 3, item B, C, or D, shall be made according to the requirements of this part.
Subp. 2. Equipment. The equipment shall meet the requirements specified in part 7030.0060,
subpart 2.
Subp. 3. Calibration. The equipment must meet the calibration requirements specified in part
7030.0060, subpart 3.
Subp. 4. Measurement procedure. The measurement procedure described in FHWA-DP-45-1R,
section 8 must be used for determination of the sound attenuation.
Subp. 5. Equivalent methods. Methods equivalent to those described in subpart 4 may be
used provided they are approved by the commissioner of the Minnesota Pollution Control Agency. The
commissioner shall approve an alternative method if the commissioner finds that the method will produce
representative data and results which are as reliable as the methods specified in subpart 4.
Statutory Authority: MS s 116.07
History: 11 SR 43; L 1987 c 186 s 15; 18 SR 614
Published Electronically: December 12, 2003
7030.0080 VARIANCE.
If, upon written application of the responsible person, the agency finds that by reason of exceptional
circumstances strict conformity with any provisions of any noise rule would cause undue hardship, would be
unreasonable, impractical, or not feasible under the circumstances, the agency may permit a variance upon

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

NOISE POLLUTION CONTROL 7030.1010

the conditions and within the time limitations as it may prescribe for the prevention, control, or abatement
of noise pollution in harmony with the intent of the state and any applicable federal laws.
Statutory Authority: MS s 116.07
History: 11 SR 43; 18 SR 614
Published Electronically: December 12, 2003
MOTOR VEHICLE NOISE LIMITS
7030.1000 DEFINITION.
"Motor vehicle" means any self-propelled vehicle not operated exclusively upon railroad tracks and
any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys
which are propelled by electric power obtained from overhead trolley wires but not operated upon rails,
except snowmobiles.
Statutory Authority: MS s 116.07
History: 18 SR 614
Published Electronically: December 12, 2003
7030.1010 PROHIBITIONS.
Subpart 1. Operation of vehicle. No person shall operate either a motor vehicle or combination
of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 at any time or
under any condition of grade, load, acceleration, or deceleration in such a manner as to exceed the noise
limits contained herein for the category of motor vehicle and speed limits specified, when tested with a
measurement procedure approved by the commissioner.
Subp. 2. Sale of vehicle. No person shall sell or offer for sale a new motor vehicle or combination
of vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 which when
maintained according to the manufacturer's specifications would exceed the noise limits contained herein
for the category of motor vehicle and speed limits specified, when tested with a measurement procedure
approved by the commissioner.
Subp. 3. Modification of vehicle. No person shall modify a motor vehicle or combination of
vehicles of a type subject to registration pursuant to Minnesota Statutes, chapter 168 in a manner which
will amplify or increase the noise emitted by the vehicle, above the noise limits contained herein for the
category of motor vehicle and speed limits specified, when tested with a measurement procedure approved
by the commissioner. No person shall operate a motor vehicle so modified.
Subp. 4. Sale of parts. No person shall sell or offer for sale replacement or additional parts for a
motor vehicle or combination of vehicles of a type subject to registration pursuant to Minnesota Statutes,
chapter 168 which when installed in the vehicle will amplify or increase the noise emitted by the vehicle,
above the noise limits contained herein for the category of motor vehicle and speed limits specified, when
tested with a measurement procedure approved by the commissioner. No person shall operate a motor
vehicle incorporating such parts.

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.1040 NOISE POLLUTION CONTROL

10

Statutory Authority: MS s 116.07


History: L 1987 c 186 s 15; 18 SR 614
Published Electronically: December 12, 2003
7030.1020 SCOPE.
This chapter applies to the total noise from a vehicle or combination of vehicles of a type subject to
registration pursuant to Minnesota Statutes, chapter 168 and shall not be construed as limiting or precluding
the enforcement of any other provision of law relating to motor vehicle exhaust noise.
Statutory Authority: MS s 116.07
History: 18 SR 614
Published Electronically: December 12, 2003
7030.1030 EXCEPTIONS.
Vehicles under parts 7030.1050 and 7030.1060 are allowed to exceed the noise limits contained herein
when performing acceleration maneuvers for safety purposes.
Statutory Authority: MS s 116.07
History: 18 SR 614
Published Electronically: December 12, 2003
7030.1040 NOISE LIMIT FOR VEHICLES OVER 10,000 POUNDS.
Motor vehicle noise limits for vehicles with a manufacturer's gross vehicle weight rating of more than
10,000 pounds and any combination of vehicles towed by such motor vehicle.

A. Speed limits greater than 35 mph.


B. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with
governed engines). For stationary run-up tests on all-paved surfaces, add 2 dBA.

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

11

NOISE POLLUTION CONTROL 7030.1060

C. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with
governed engines), for vehicles manufactured on or after January 1, 1978. For stationary run-up tests on
all-paved surfaces, add 2 dBA.
D. Speed limits equal to or less than 35 mph and stationary run-up tests (for vehicles with
governed engines), for vehicles manufactured on or after January 1, 1982. For stationary run-up tests on
all-paved surfaces, add 2 dBA.
Statutory Authority: MS s 116.07
History: 18 SR 614
Published Electronically: December 12, 2003
7030.1050 MOTOR VEHICLE NOISE LIMITS FOR MOTORCYCLES.

A. For vehicles manufactured before January 1, 1975.


B. Speed limits greater than 35 mph for vehicles manufactured on or after January 1, 1975.
C. Speed limits equal to or less than 35 mph for vehicles manufactured on or after January 1,
1975.
Statutory Authority: MS s 116.07
History: 18 SR 614
Published Electronically: December 12, 2003
7030.1060 NOISE LIMITS FOR OTHER VEHICLES.
Motor vehicle noise limits for any other motor vehicle not included under parts 7030.1040 and
7030.1050 and any combination of vehicles towed by such motor vehicle.

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

7030.1060 NOISE POLLUTION CONTROL

Statutory Authority: MS s 116.07


History: 18 SR 614
Published Electronically: December 12, 2003

Copyright 2003 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

12

PLANNING COMMISSION MEETING MINUTES


July 8, 2015

REGULAR MEETING

7:00 P.M.

Chairman Kocon called the meeting to order at 7:02 p.m.


Present:
Absent:
Staff:

Chairman Kocon, Commissioners Collins, Fletcher, Hade, Hansen, Kelly, Lauer,


Middleton, Siess, Council Representative Junker
None
City Planner Wittman, Community Development Director Turnblad

APPROVAL OF MINUTES
Possible approval of June 10, 2015 meeting minutes
Commissioner Hansen pointed out the minutes should be corrected to reflect that Chairman Kocon
called the meeting to order.
Motion by Commissioner Hansen, seconded by Commissioner Fletcher, to approve the June 10, 2015
meeting minutes as corrected. All in favor, 9-0.
OPEN FORUM
There were no public comments.
PUBLIC HEARINGS
Case No. 2015-15. Special Use Permit and associated variances for Minnesota Shooting Academy to
redesign the existing building into an amusement and recreational establishment, located at 2159 Curve
Crest Boulevard. Mark Kamas, MN Shooting Academy, applicant and Paul Simonet, owner.
City Planner Wittman explained that the applicant is requesting a Special Use Permit for an indoor
target practice range to be located in the existing Simonet Furniture building. The use would require:
1) a 4,040 square foot variance to the maximum 3,000 square feet allowed for a Commercial
Recreational Establishment; 2) a 26-stall parking variance; and 3) an 18% variance to the 60%
maximum impervious lot coverage allowed by City Code. In addition to the specially-permitted use,
MN Shooting Academy is proposing retail sales, a lounge and vending area, warehouse space and
space for administrative offices, which are all permitted uses. The application included information
about sound baffling and test records from similar facilities which indicate decibel levels will be
compliant with City noise ordinance provisions. Staff recommends approval of the 4,040 square foot
variance, as practical difficulty and uniqueness of circumstance have been established, and approval
of the Special Use Permit with conditions.

Planning Commission

July 8, 2015

Chairman Kocon asked what recourse the City has if dba thresholds are exceeded. City Planner
Wittman said the establishment would be under noise ordinance regulations as well as State statute
provisions allowing for temporary closures and injunctions against the business if it violates noise
standards.
Chairman Kocon asked what kind of maintenance is done on a permeable surface. City Planner
Wittman said an underground tank system needs to be vacuumed out.
Barry Schalkle, representing the applicant, noted there are very strict OSHA requirements for handling
lead. When air goes out of the building it is filtered, so it is cleaner than when it is drawn in. Regarding
the proposed conditions, 14 lanes are now proposed, rather than 12; the additional 2 lanes will be used
for law enforcement. Square footage would remain the same.
Roger Tomten, Archnet, project architect, addressed the proposed condition about parking. The
majority of parking stalls required relate to the retail component of the space. Recognizing this use
will be less popular than other types of retail uses, they would like to use the proof of need for
parking approach, using the existing spaces and agreeing to provide more parking at a later date if it
is warranted. To address sound concerns, the building has 12 thick masonry walls. A concrete box
will be constructed within the building with 12 thick concrete walls with a concrete cap. The sound
will be encapsulated within the first shell of concrete.
Regarding the proposed condition about the trail easement, Mr. Schalkle noted if they are the only
business on the block, it doesnt make sense. City Planner Wittman replied that the easement would
be on the Washington Avenue side to install future pedestrian improvements, in conjunction with the
Citys Master Trail Plan.
Commissioner Fletcher asked about public safety. Mark Kamas, applicant, replied that State safety
laws govern handling of firearms outside the building. Good business practices must be used such as
not bringing in uncased weapons. There will be a safety officer present at all times to ensure
compliance.
Commissioner Collins asked about hours of operation. Mr. Schalkle replied the hours would be
Monday through Friday 10 a.m. - 9 p.m., closing earlier on Saturday and Sunday.
Commissioner Lauer asked how the law enforcement lanes will be allocated. Mr. Kamas replied they
are working with other agencies to design the law enforcement lanes. If not used by law enforcement,
those lanes would be open to members.
Commissioner Siess asked if this is a common type of location for a shooting range. Mr. Kamas replied
that usually, you see ranges in industrial parks, but they are trying to be more mainstream to be more
like other entertainment/sports establishments.
Commissioner Middleton asked what percentage would be used by members versus law enforcement.
Mr. Kamas replied that police usually shoot on off-hours, either early in the morning or late at night.
There would be special hours for police. There is a lot of interest because the law enforcement agencies
have a hard time finding places to shoot.

Page 2 of 18

Planning Commission

July 8, 2015

Commissioner Fletcher asked if there are restrictions on type of firearms that can be discharged in the
facility. Mr. Kamas replied it is more the type of ammunition than the firearms themselves.
Mr. Schalkle noted that education is an important part of the proposal. In addition to firearms safety,
there will be safety classes focusing on general home safety and protection when in public.
Commissioner Fletcher asked about compliance requirements for federal regulations. Mr. Kamas
replied the facility must be evaluated by OSHA, EPA and ATF regularly and in random checks.
Commissioner Collins asked if only one set of doors can be open at a time. Mr. Kamas replied that is
correct.
Chairman Kocon opened the public hearing.
Diane Dietz, 2221 Oak Ridge Road, Stillwater, expressed concerns about adding to the existing noise
from traffic. The establishment will bring a potential nuisance to the area because there is no other
shooting range on this side of the metro area. If the business is not viable, what will happen to the
building? She also is concerned about its impacts on nearby Stillwater Veterinary Clinic and Stillwater
Medical Group. She is concerned about the proposed lounge and whether it will sell liquor, about the
loss of green space and devaluation of property. She urged the Commission to deny the proposal.
Brian Naughton, 1457 Case Avenue, St. Paul, who is in the medical field with clients throughout the
metro area, spoke to some of the economic and societal benefits of a shooting range. Shooting sports
retailers provide a variety of firearms designed for all shooters. Compared to skiing, biking and
skateboarding, shooting is not limited to the physically trained athlete. Safety training and education
make shooting sports quite safe. There is a much greater risk from motor vehicles. The Minnesota
Shooting Academy has conveyed its long range plans for a program to ensure all members and guests
are trained in safe gun handling. Neighborhood and community relations will also be part of their long
range plan. He presented figures confirming the economic benefits of shooting ranges. He is VP of the
Minnesota Second Amendment Association. He urged the Commission to approve the proposal.
David Kalinoff, Woodbury, said he grew up in Stillwater. He is a full time police officer and an avid
participant in shooting sports. An indoor range is a safe and clean place to shoot. He has taught his
wife and children firearms safety. The educational benefits for the public are great. The classes also
teach legal concepts involved in handling firearms.
George Riley, Upper 36th Street North, Oakdale, spoke in support of Mr. Schalkle and Mr. Kamas as
ethical longstanding community service leaders and knowledgeable instructors with a wide range of
experience. He feels the proposal is well thought-out.
Carrie Brockman, 5995 Oren Avenue, Stillwater, noted her CPA office has had a number of clients
express concerns to her that the proposal will detrimentally affect their businesses. She expressed
concerns about noise from air blowers located on the roof, how emergency personnel would get into
the facility, and how much more traffic will be generated. Traffic on that corner is heavy already.
Don Slinger, 4620 Lake Elmo Avenue North, Lake Elmo, retired training and planning coordinator
for the DNR, stated it is hard to find individuals qualified to work in the conservation field who are
knowledgeable about firearms. It is difficult to find ranges where re-certification can be obtained.
Page 3 of 18

Planning Commission

July 8, 2015

Brian Simonet, 79 Maryknoll Drive, Stillwater, one of the many owners of Simonet Furniture, refuted
a statement made previously about the relationship between the ownership of Simonet Furniture and
the current lessee.
Tiffany Britz, 13991 60th Street Court North, Stillwater, a certified NRA firearms instructor, said
having an indoor range in Stillwater would be great, but she feels it is not a good location due to the
noise and traffic it would generate. There will be a woman-owned firearms range located in the area
soon that is in the final stages, in which she has an interest.
Paul Simonet, owner of Simonet Furniture and Carpet Company, stated they have been trying to sell
the building since 2009 when the store went out of business. After lowering the price in the last year
and a half, they have finally seen some interest. The furniture store never had a problem with fire
trucks getting into the parking lot. He has been hearing a lot of misinformation. He owns a gun and
goes to shooting ranges. They teach a lot about safety. As for traffic, signal lights are needed at that
intersection. Traffic has always been a problem there.
Greg Clark, 3701 Oakgreen Avenue, Baytown, asked about plans for the rest of the building, if there
are sprinklers for the firing range, and if the ventilation system will be on the ground or the rooftop.
The unit is about the size of a semi trailer and runs at 80 DBA. If more lanes are added, and another
ventilation unit would be added, where would it be installed?
Chairman Kocon closed the public hearing.
City Planner Wittman replied that the exchange system would be required to follow the noise
ordinance, 70 dba from 8:00 a.m. - 10:00 p.m., 65 dba at night from 10:00 p.m. - 8:00 a.m. A larger
range would require an amendment to the Special Use Permit. If the range were doubled in size,
another variance would be required as well. Everyone within 350 feet would be noticed. She believes
the building code would require sprinklers. The applicants would work with the Building Department
to ensure compliant fire suppression.
Commissioner Kelly stated he has a conflict and wont participate in the discussion or vote.
Chairman Kocon said he is not a big gun fan, but the discussion is about meeting ordinances and
restrictions. Its a business decision. He views the proposal as viable with the 11 stated conditions.
Commissioner Fletcher said she is not against guns but other cities have had significant discussion
before approving indoor shooting ranges. She is concerned there is not an ordinance in place to
specifically address indoor shooting ranges. Because there is not a restriction on the type of firearms
used, she interprets to mean this facility will allow high powered automatic weapons. She feels there
should be more discussion as a City before allowing the use.
Commissioner Collins stated he lives just a couple blocks away from the site. He doesnt believe there
will be an adverse effect on traffic. He does not own a gun but went to a gun range the other day to
familiarize himself. It wasnt as loud as he thought it would be, inside or outside. The proprietors have
not had an incident since it opened in 2003. He is passionate about education and is in favor of firearms
education. This facility could be a good thing for the community.
Commissioner Lauer stated that, as Chairman Kocon said, it is a business decision. If guns were taken
out of the equation, the public safety aspect probably turns in the other direction when considering the
Page 4 of 18

Planning Commission

July 8, 2015

education. Those who shoot at a gun range are responsible gun owners. Noise is the biggest issue for
him. It seems as if it can be addressed if requirements are not met. He is comfortable with the proposal.
Commissioner Siess stated she has gun safety certification but feels this is not a proper location for
this type of business. She feels it will alter the essential character of the neighborhood and she cannot
support the proposal.
Commissioner Middleton commented he too is concerned about the noise which could be very
unnerving. He cannot support the request.
Commissioner Hansen noted he is generally in favor of granting the request but he would not feel
comfortable letting the applicant do parking mitigation later. It sounds as if parking should be
addressed now.
Chairman Kocon reminded the Commission that he too would like the parking addressed now.
Commissioner Hansen pointed out the future comprehensive plan includes retail use for this area, but
there are many other uses. There are other industrially zoned properties that are closer to residential
neighborhoods with similar traffic issues. City Planner Wittman confirmed there is quite a mix of uses,
for instance a clinic in an industrial zone, retail in office zone. It has a future land use designation of
commercial.
Motion by Chairman Kocon, seconded by Commissioner Hade, to approve Case No. 2015-15, a Special
Use Permit and a 4,040 square foot variance for Minnesota Shooting Academy, located at 2159 Curve
Crest Boulevard, with the following conditions:
a. No greater than 14 firing lanes shall be permitted. A minimum of five of the firing lanes shall be made
available for rental to community service personnel and community education activities.
b. The establishment must have at least one adult employee or adult supervisory volunteer in the premises
during all hours of operation.
c. Soundproofing specifications shall be submitted with the building permit application.
d. The establishment shall install appropriate and sufficient soundproofing to be in compliance with City
Code Section 38-3, Noise Control and Regulation, for sound levels outside of the establishment.
e. A total of 26 parking spaces shall be created onsite. A permeable surface parking area and suitable base
found satisfactory to the City Engineer shall be utilized for all new parking and drive areas.
f. A grading plan shall be reviewed by the City engineering Department and a Browns Creek Watershed
District permit shall be obtained prior to the installation of the additional parking spaces.
g. Upon the sale to Minnesota Shooting Academy and prior to the release of necessary building permits,
a 15 trail easement shall be dedicated to the City along the eastern property boundary for future trail
connection between Curve Crest Boulevard and Highway 36.
h. Conditions of a HPC-issued Design Permit shall be incorporated into this Special Use Permit by
reference.
i. Plans and the use will need to be approved by the engineering, fire and building officials before the
issuance of a building permit.
j. All changes to the approved plans will need to be reviewed and approved by the Community
Development Director. Any major changes will need to go to the Planning Commission for review and
approval.
k. Quarterly maintenance of the permeable pavement and documentation of maintenance shall be
submitted to the City quarterly. Motion passed 5-3, with Commissioners Fletcher, Middleton and Siess
voting nay and Commissioner Kelly abstaining.
Page 5 of 18

Planning Commission

July 8, 2015

Asked by Commissioner Hade, City Planner Wittman acknowledged that any interested party or
Commissioner may appeal the decision to the City Council.
Case No. 2015-16. Special Use Permit for construction of a detached garage and accessory dwelling unit,
located at 912 5th Street South. Eileen Gibson and Larry Wheeler, owners.
City Planner Wittman explained that the applicants have applied for a Special Use Permit for an
Accessory Dwelling Unit to be located above a two-car garage that they plan to build. The property
owner adjacent who shares the driveway has expressed concerns about adding a dwelling unit, the
potential for access to be blocked during or after construction, and potential drainage issues. Staff
recommends approval with conditions which address the neighbors concerns.
Eileen Gibson and Larry Wheeler, applicants, stated they are custom home builders who specialize in
traditional homes. They want to adhere to the requirements, do a good job and enhance the property.
The home is currently vacant.
Commissioner Lauer asked if the applicants have spoken with the adjacent landowner. Mr. Wheeler
said he was not part of the easement agreement 34 years ago. He would prefer to separate the driveways
if that is the desire of the Commission and the neighbor.
Chairman Kocon opened the public hearing.
David Harrison, 920 5th Street South, who shares the driveway with the applicant, stated he sees the
carriage house as a rental property with double the traffic and the people. The driveway has a 10%
grade so the water will erode it more. It gets very icy in the winter.
Chairman Kocon closed the public hearing.
Commissioner Hansen pointed out it is refreshing to address a Special Use Permit that doesnt require
a variance. He supports the proposal.
Commissioner Middleton said he has a minor concern about the neighbors conflict, but it appears Mr.
Wheeler is amenable to resolving it. He supports the request.
Commissioner Collins noted that the site plan looks good. He favors approval.
Motion by Commissioner Collins, seconded by Commissioner Middleton, to approve Case No. 2015-16,
a Special Use Permit for construction of a detached garage and accessory dwelling unit, located at 912
5th Street South, with the following conditions:
a. The shared driveway shall not be blocked at any point during construction.
b. The shared driveway shall be kept free and clear of debris during construction.
c. A grading plan shall be submitted and approved by the City Engineering Department and a grading
escrow, in an amount deemed sufficient by the Engineering Department for the new construction shall be
submitted.
d. To the greatest extent possible, drainage on the south side of the garage shall be retained onsite.
e. The maximum size of the Accessory Dwelling Unit shall be 800 square feet.
f. A Design Permit shall be obtained from the Heritage Preservation Commission prior to the submittal of
a building permit.
Page 6 of 18

PLANNING COMMISSION
MEETING DATE:

July 8, 2015

APPLICANT:

Paul Simonet, property owner, representing MN Shooting Academy

REQUEST:

Request for a Special Use Permit and associated Variances for a


Commercial Amusement and Recreational Establishment to be located in
the existing structure located at 2159 Curve Crest Boulevard

ZONING: BP-O: Business Park Office


PREPARED BY:

CASE NO.: 2015-15

COMP PLAN DISTRICT: Commercial

Abbi Jo Wittman, City Planner

REQUEST
The applicant is requesting a Special Use Permit for an Amusement and Recreational
Establishment to be located in the existing Simonet Furniture building at 2159 Curve
Crest Boulevard. The use would be an indoor target practice range and would
necessitate the following:
1. A 4,040 square foot variances to City Code Section 31-515.1.1 provision the
Commercial Recreational Establishment may occupy no more than 3,000 square
feet; and
2. A 26 parking stall variance to City Code Section 31-510.1(c), Number of parking
spaces required; or
3. An 18% variance to the 60% maximum (impervious) lot coverage requirement as
identified in City Code Section 31-320(c).
In addition to the specially-permitted use, MN Shooting Academy is proposing retail
sales, a lounge and vending area, warehousing space as well as space for administrative
offices. These uses are permitted by right.
APPLICABLE REGULATIONS AND REGULATIONS
Section 31-325 indicates Amusement and Recreational Establishments (including other
social, sport or recreational centers) in the Business Park Office District require a
Special Use Permit. The Code further indicates the use must conform to the provisions
found in Section 31-515.1:

1. The establishment may occupy no more than 3,000 square feet.


2. (The establishment must operate in compliance with the noise standards as
specified in City Code Chapter 38, Section 38-3.
(a) The establishment shall be considered a "commercial" use pursuant to City
Code Chapter 38, Section 38-3, Subdivision 4.
(b) Not only shall the establishment meet the specified noise standards at its
respective property lines, but the noise standards shall also apply to
receiving uses in abutting tenant spaces within a multiple tenant, if the
establishment is located in such a building.
3. Prior to issuance of a Certificate of Occupancy for the establishment, a qualified
professional shall certify that the establishment will, under normal operating
conditions, meet the noise standards specified in City Code Chapter 38, Section
38-3.
4. The amusement or recreational activities offered by the establishment must
operate exclusively indoors.
5. The establishment must have at least one adult employee or adult supervisory
volunteer in the premises during all hours of operation.
Section 31-208, Variances, indicates the Planning Commission may grant a variance, but
only when all of the following conditions are found:
1. The variance is in harmony with the general purposes and intent of this
chapter.
o The general purpose and intent of the Zoning Code is to regulate and
restrict use of land for the protection of public health, safety and welfare.
The purpose of Section 31-325 limitations to the maximum size of
the establishment is to ensure the development of the office park
into office space.
The purpose of Section 31-510 is to ensure that a property provides
sufficient on-site parking spaces to accommodate its needs and not
create a burden on the neighborhood through on-street parking.
The purpose of Section 31-320(c) is to ensure adequate drainage
and open space area is preserved.
o The general purpose and intent of the Zoning Code may be met if certain
conditions of approval are met.
2. The variance is consistent with the comprehensive plan. No application
elements are contradictory to the Comprehensive Plan.
3. The applicant for the variance establishes that there are practical difficulties in
complying with this chapter. Practical difficulties, as use in connection with
the granting of a variance, means that all of the following must be found to
apply:
The property owner proposes to use the land in a reasonable manner for a
use permitted in the zone where the land is located, but the proposal is not
CPC 7/8/2015 (Case No. 2015-15)
2159 Curve Crest Boulevard
Page 2 of 6

permitted by other official controls; the use of the property for a


Commercial Recreation and Amusement Establishment, with appropriate
parking and onsite infiltration, is reasonable.
The plight of the landowner is due to circumstances unique to the property
and that are not created by the landowner; and The unique circumstance of
the property are the boundaries of the property, the size of the structure on
the property and the existing parking and drive areas.
a. The proposed 4,040 square foot variance for the Recreational and
Amusement Establishment helps support the businesss desire to have
42% of the 12 lanes dedicated to be reserved for community service
endeavors. The uniqueness exists in this large space can accommodate
for the increase Establishment area, providing a service to local law
enforcement practice and community safety education, wholly within
the existing structures footprint.
b. The property owner is not able to create additional parking next to this
existing parking and drive area without a reduction in open space and
infringement on the neighboring properties.
The variance, if granted, will not alter the essential character of the locality.
The essential character of the neighborhood will not be altered with the
additional 4,040 square feet of Establishment space, nor the additional
parking area.

Section 31-208 further indicates:


Economic considerations alone do not constitute practical difficulties.
A previous variance must not be considered to have set a precedent for the
granting of further variances. Each case must be considered on its merits.
Section 31-207 establishes the review standards for Special Use Permits:
The proposed structure or use conforms to the requirements and the intent of this
chapter, and of the comprehensive plan, relevant area plans and other lawful
regulations.
The proposed use is allowed within the subject zoning district, if it is found compatible
with surrounding uses. In review of the request with City staff, the following item was
determined to be an item of concern:

Parking: The property currently contains 49 parking spaces but is required to


meet 75 parking spaces onsite. The applicant has shown proof of parking for an
additional 28 spaces. However, the installation of this parking would necessitate
a variance to the maximum impervious surface coverage requirement.
o As there is no off-street parking in this area, the installation of 26 parking
spaces should be required. If installed with a permeable surfacing

CPC 7/8/2015 (Case No. 2015-15)


2159 Curve Crest Boulevard
Page 3 of 6

material, then the need for a variance to the impervious surface coverage
will not be necessary.

Impervious Surface Coverage and Drainage: The applicant is not proposing to


change the landscaping, impervious surface coverage or drainage to the site.
However, if the applicant was to increase the parking area, the surface coverage
would necessitate a variance.
o To offset the increase in impervious surface coverage, City Engineering
Department staff indicate the new parking area could be constructed with
permeable asphalt. This would maintain the required impervious surface
coverage, allowing for all parking to be met onsite and no variance would
be required for the parking.

Noise: As indicated in the code, the specified noise standards must be met at its
respective property lines, but the noise standards shall also apply to receiving
uses in abutting tenant spaces within a multiple tenant, if the establishment is
located in such a building. While no specifications sheet for the exact
construction has been submitted, the proposed indoor range will be a vendordesigned system that is constructed by Action Target. The system will include
wall and ceiling baffles (which will include acoustics within them), sound
abatement within the firing area to reduce echo as well as a ballistic trap to catch
the bullets.
o The applicant has submitted sound inspection test records from three
Action Target designed and constructed facilities which indicate decibel
noise levels on the property, outside the building and on adjacent parcels
to be meet the threshold of the City of Stillwaters maximum decibels of 70
db during the day and 65 db at night.

Exterior changes: Section 31-319 of the Stillwater City Code requires that the
Heritage Preservation Commission (HPC) conduct a design review on exterior
changes, signage and waste receptacle. The applicant is aware exterior changes
to the structure, including new exterior signage, will be required to obtain a
Design Permit prior to the issuance of applicable Sign Permits.

Comprehensive Plan Chapter 7, Local Economy, indicates a program to encourage a mix


of employmentand retail and service activities in the West Business Park area. The
proposed uses are not contradictory to the Comprehensive Plan. This use is consistent
with the Future Land Use Map identifying this property as having commercial use in
2030.
Any additional conditions necessary for the public interest have been imposed or use
and/or structure will not constitute a nuisance or be detrimental to the public welfare
of the community.
CPC 7/8/2015 (Case No. 2015-15)
2159 Curve Crest Boulevard
Page 4 of 6

The proposed Commercial Recreational and Amusement Establishment will not be


nuisance or be detrimental to the public welfare of the community if conditions
addressing the concerns, above, are met.
ALTERNATIVES AND RECOMMENDATION
The Commission has the following options:
1. Variances
a. Approve, with or without conditions, a 4,040 square foot variances to City
Code Section 31-515.1.1 provision the Commercial Recreational
Establishment, a 26 parking stall variance to City Code Section 31-510.1(c),
Number of parking spaces required and an 18% variance to the 60%
maximum (impervious) lot coverage requirement as identified in City
Code Section 31-320(c).
a. Determine any or all of the proposed variances have not established
practical difficulty and deny the variance.
2. Special Use Permit
a. Approve the Special Use Permits with or without conditions. If the
Commission would like to approve the Case No. 2015-15 with conditions,
staff would recommend the following:
i. No greater than 12 firing lanes shall be permitted. Five of the firing
lanes shall be made available for rental to community service
personnel and community education activities.
ii. The establishment must have at least one adult employee or adult
supervisory volunteer in the premises during all hours of
operation.
iii. Soundproofing specifications shall be submitted with the building
permit application.
iv. The Establishment shall install appropriate and sufficient
soundproofing to be in compliance with City Code Section 38-3,
Noise Control and Regulation, for sound levels outside of the
establishment.
v. A total of 26 parking spaces shall be created onsite. A permeable
surfaceparking area and suitable base found satisfactory to the City
Engineer shall be utilized for all new parking and drive areas.
vi. A grading plan shall be reviewed by the City Engineering
Department and a Browns Creek Watershed District permit shall
be obtained prior to the installation of the additional parking
spaces.
vii. Upon the sale to MN Shooting Academy and prior to the release of
necessary building permits, a 15 trail easement shall be dedicated
CPC 7/8/2015 (Case No. 2015-15)
2159 Curve Crest Boulevard
Page 5 of 6

to the City of Stillwater along the eastern property boundary for


future trail connection between Curve Crest Boulevard and
Highway 36.
viii. Conditions of a HPC issued Design Permit shall be incorporated
into this Special Use Permit by reference.
ix. Plans and the use will need to be approved by the engineering, fire
and building officials before the issuance of a building permit.
x. All changes to the approved plans will need to be reviewed and
approved by the Community Development Director. Any major
changes will need to go to the Planning Commission for review and
approval.
b. Determine that the proposed commercial Recreational and Amusement
Establishment is not consistent with the Special Use Permit provisions or
the Comprehensive Plan and deny the Special Use Permit.
c. Table the application requesting more information be brought back before
the Commission at their August 12, 2015 meeting.
Staff recommends the Commission move to grant a 4,040 square foot variance to the
3,000 square foot maximum provision of City Code Section 31-515.1.1 as practical
difficulty has been established and move to approve the Special Use Permit for the
Commercial and Recreational Establishment to be located at 2159 Curve Crest
Boulevard.
ATTACHMENTS
Site Location Map
Narrative Request (2 pages)
Plan set (3 pages)
Ballistic Walls and Baffles Specifications (5 pages)
Noise Exposure Assessment & Abatement Strategies Narrative (1 page)
Safety Baffle Cutsheet (2 pages)
Wall Baffle Cutsheet (2 pages)
Action Target Sound Inspection Reports (3 pages)

CPC 7/8/2015 (Case No. 2015-15)


2159 Curve Crest Boulevard
Page 6 of 6

ST
IL

1101

2600

1465

1440
1420
1424

1401

2400

1526
1522
1510
1530
1506

2300

2500

WEST

ORLEANS

COTTAGE DRIVE

BO
LW
AT
ER

1031

1401

STREET

6490

2159 Curve Crest Boulevard

2225

AVE
NU
E

2601

1150

1674
1732
1754

T
KE
R
A
M
1725

VE
RI

N
WAS
HING
TO

1650

1655
1754

2510

2510

CURVE

CREST

2020

180

360

General Site Location

BOULEVARD

2225

BLVD

1500

1650

1675

Subject Proeprty
Parcel Boundaries
Municipal Boundary

2159
2000

1801
2100

1835

TOWER

1901

2255

DRIVE
2251

1946

SH
WA

1986

720
Feet

Stillwater Planning Commission


Our proposal is to retro-fit the old Simonets Furniture building into an outdoor sporting goods retailer and
range similar to (Cabelas and Gander Mountain) the building is approximately 26,000 square feet. It is
located on the corner of Washington Avenue.
The building will include approximately 7500 sq feet of retail space which will include (sales counter,
display cases, waiting lounges, commercial sales area) The first level will also host restrooms, lounge,
training rooms and 2 offices, gunsmith room and warehouse area.
The south side of the building would include a two range bays will be divided up into an public range with
7 state of the art shooting lanes, and a separate 6 lanes for use of private members and law enforcement.
The actual shooting range length would be 75 feet. There would also be a bullet trap area, The Rubber
Berm Traps design allows for collection of spent rounds for salvage or recycling. The trap may be
cleaned at anytime and requires no rear access for cleaning or service. The trap typically requires
cleaning between 80,000 to 100,000 spent rounds per lane. Exceeding the recommended cleaning time
can result in excessive bullet fragmentation and adhesion. The range walls would be made of 8-inch thick
solid concrete. The ceiling would have AR300 steel baffles that act as a ceiling barrier and sound
dampening. The bullet trap and firing range components would be constructed by Action Target, a
national fabricator of law enforcement grade firing ranges. The range area is required to be constructed in
accordance with federal, state and local building codes.
Recycling happening in two steps; the bass cartridges will be recycled by Metro Metals Recycling in St
Paul, MN and the spent lead will be recycled by Metro Metals Recycling, Eau Claire, WI
Training will be a large part of the day to day operations. With over 1 million firearms sold in 2014, we
would like to ensure the citizens that live in and around the twin cities as well as western Wisconsin have
the best possible training available to them. Guardian Tactical Solutions will head all our training classes.
Our classes range from introductory to firearms, basic firearms course and higher level conceal and carry
courses. As of today we have 10 NRA certified instructors. There will be a training room and range times
set aside for Law Enforcement qualifications and training.
Sound abatement is a critical concern of the comfort level of our customer both inside and outside the
range. The applicant assured city staff the building materials would not allow audible noises to be heard
from adjacent businesses. The applicant will be including additional sound proofing measures so the
decibel level would be reduced to less than that of a passing vehicle to the while standing in the parking
lot. We do this thought construction of the range wall leaving a sound barrier between the existing
building wall and the internal range walls. We will also using sound proofing wall panels and ceiling
panels.
Mark Kamas
MN Shooting Academy

MNShootingAcademy
June17,2015

ProjectNarrative

RequestforVariance

SpecialUsePermit

ProjectUse:MNShootingAcademy,LLCproposestopurchasetheexisting27,000sf1story
TypeIIB(noncombustiblesprinklered)buildinglocatedonCurveCrestBoulevard.Nonew
exteriormodificationsoradditionsareproposed.Plannedinternalremodelingshallbefor
purposesofprovidingapracticetargetrangeandassociatedretailandbackofhousefunctions.
AsperrequirementsforrequestforavariancetotheSpecialUsePermit(CityCodeSection31
515.1Amusementandrecreationalestablishments,noncompliantitem1limitof3,000sf,
compliantwithitems2through5),wehavenotedthefollowing:
1. Thevarianceisinharmonywiththegeneralpurposesandintentofthischapter.(Itis
understoodthatanindoortargetpracticerangeisanalloweduseunderCommercial
Entertainment).Recreationalsportshooting,bothindividuallyandleague.
2. Thevarianceisconsistentwiththecomprehensiveplan.(Itisunderstoodthatthisuseis
consistentwiththecomprehensiveplanforBPOdistrict).
3. Theapplicantforthevarianceestablishesthattherearepracticaldifficultiesin
complyingwiththischapter.Practicaldifficulties,asusedinconnectionwiththe
grantingofavariance,meansthatallofthefollowingmustbefoundtoapply.
a. Thepropertyownerproposestousethelandinareasonablemannerforause
permittedinthezonewherethelandislocated,buttheproposalisnot
permittedbyotherofficialcontrols.(MNShootingAcademyproposedsquare
footagefortheindoorgunrangeis7,000sf;however,localzoningonlypermits
3,000sfforcommercialentertainmentuse.Oursquarefootageisgreaterthan
allowedforthefollowingreasons:
i. Theentertainmentareaproperisconsideredtobefromthestagingarea
tothefiringline;allhumanactivityisprohibitedforwardofthefiringline.
ii. Theshootinggalleryisdividedinto12lanes;5oftheselanes
(Approximate7,000squarefootage)shallbereservedatspecifiedtimes
anddatesforcommunityservice,notcommercialentertainment.
Communityservicescouldincludelawenforcementpracticeand
communitysafetyeducation.
b. Theplightofthelandownerisduetocircumstancesuniquetothepropertyand
thatarenotcreatedbythelandowner,and(N/A,Theplightofthecircumstances
isrelatedtotheuseoftheproperty,notcircumstancesuniquetotheproperty).
c. Thevariance,ifgranted,willnotaltertheessentialcharacterofthe
neighborhood.(Theproposedremodel/useisinternalonly.Additionally,the
proposedgunrangeuseisanaccessoryuse,asitonlyoccupiesapproximately
ofthetotalbuildingarea).

MNShootingAcademy
June17,2015

Narrativeforrequiredparking

ProjectUse:MNShootingAcademyproposestopurchasetheexisting27,000sf1storyTypeII
B(noncombustiblesprinklered)buildinglocatedonCurveCrestBoulevard.Plannedinternal
remodelingshallbeforpurposesofprovidingapracticetargetrangeandassociatedretailand
backofhousefunctions.

MNShootingAcademyproposesnoparkinglotexpansionorremodelingtotheexistingparking
lot.Ourexperiencehasshownthattheexisting49parkingspaceswillbemorethanadequate
tomeetourcustomersneeds.Itisnotourdesireorourintenttounderparkthisfacility.We
haveenclosedacheckfor$525shouldtheplanningcommissiondetermineadditionalparking
beinstalled.PleaseseesheetT1forgraphicanalysisofparkingrequirements(aspercityoff
streetparkingordinance31510).Shouldtheplanningcommissiondeterminethatadditional
parkingmustbeinstalled,avariancewillberequiredforgreenspace.Providing77stallswill
resultinanoverallgreenspaceof22%(lessthan40%requiredforthisdistrict).Thecheck
submittedcouldbeusedforavarianceforeitherparkingstallreductionorgreenspace
reduction.

MN SHOOTING ACADEMY
2159 Curve Crest Boulevard, Stillwater, MN
PROJECT
DIRECTORY

CODE DATA
RETAIL SPACE
LOUNGE VENDING
'B' OCCUPANCY

OWNER
XXX
XXX
XXX
CONTACT: XXX
PHONE: XXX
CELL: XXX
EMAIL: XXX

7,500 SQ.FT. 1 PARKING STALLS PER 200 = 38


740 SQ.FT. 1 PARKING STALLS PER 200 = 4

GUN RANGE

7,040 SQ.FT. 12 SHOOTERS AND 6 INSTRUCTORS = 18

WAREHOUSE / STORAGE

6,570 SQ.FT. 1 PARKING STALLS PER 1000 = 7

EMPLOYEES ONLY

1,924 SQ.FT. 8 EMPLOYEES

TOTAL PARKING STALLS REQUIRED = 75

MN SHOOTING
ACADEMY

CONTRACTOR:
XXX
XXX
XXX

CURVE CREST BLVD.

67' - 1"

CONTACT: XXX
PHONE: XXX
CELL: XXX
FAX: XXX
EMAIL: XXX

ARCHNET INC.
333 NORTH MAIN STREET SUITE 201
STILLWATER, MN 55082
CONTACT: MICHAEL F. DIEM
PHONE: 651-430-0606
CELL: 651-271-7289
FAX: 651-430-2414
EMAIL: mike@archnetusa.com

STRUCTURAL ENGINEER
DUFFY ENGINEERING
350 HIGHWAY 10 SOUTH
ST. CLOUD, MINNESOTA 56304

13

13

115' - 2"

SITE PLAN
1" = 40'-0"

Item

27

GREEN SPACE PRELIMINARY CALCULATION:


100,877 SF SITE
22,636 SF GREEN (22%) WITH INCREASED
PARKING

GENERAL NOTES
1. IF ANY DISCREPANCIES EXIST BETWEEN ARCHITECTURAL, STRUCTURAL OR CIVIL DRAWINGS, CONSULT WITH ARCHITECT BEFORE COMMENCING WITH CONSTRUCTION.
2. DO NOT SCALE DRAWINGS, IF ADDITIONAL DIMENSIONS ARE REQUIRED CONTACT ARCHITECT.
3. GENERAL CONTRACTOR TO SUPPLY A FULL SET OF PLANS TO THE SUBS & SHOP SUPPLIERS.
4. GENERAL CONTRACTOR SHALL BE RESPONSIBLE TO FIELD VERIFY ALL EXISTING CONDITIONS & DIMENSIONS PRIOR TO COMMENCING WITH WORK AND TO NOTIFY ARCHITECT IMMEDIATELY OF ANY DISCREPANCIES.
5. GENERAL CONTRACTOR SHALL VERIFY AND INSURE ALL UTILITIES ARE LOCATED IN FIELD AND COORDINATE AS NECESSARY WITH NEW WORK.
6. GENERAL CONTRACTOR AND ALL SUB-CONTRACTORS SHALL PERFORM WORK IN CONFORMANCE WITH ALL APPLICABLE BUILDING CODES AND LAWS.
7. NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN SPECIFICATIONS, PLANS AND NOTES. CONTRACTOR SHALL BE HELD TO COMPLY WITH THE MORE STRINGENT REQUIREMENTS.
8. GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR THE COORDINATION OF ALL MECHANICAL, ELECTRICAL, PLUMBING, HVAC, FIREPROTECTION, AND STRUCTURE CONSTRUCTION AND SHALL COMPLY WITH ALL APPLICABLE CODES AS INDICATED.
9. REQUIRED MEANS OF EGRESS AND SECURITY TO SPACE SHALL BE MAINTAINED DURING CONSTRUCTION.
10. GENERAL CONTRACTOR TO NOTE CONSTRUCTION TIME LINE OF PROJECT AND THAT CONSTRUCTION MAY START IN WINTER. GENERAL CONTRACTOR SHOULD PLAN ACCORDINGLY FOR WINTER CONDITIONS.
11. GENERAL CONTRACTOR SHALL COORDINATE & INSTALL ALL NECESSARY BLOCKING, SHIMS & BACKING FOR FIXTURES, EQUIPMENT, AND ACCESSORIES RELATED TO THE SCOPE OF WORK.
12. CONTRACTOR SHALL CALL FIRE INSPECTOR AT ELECTRIC R.I. TO CONFIRM LOCATION OF EXIT SIGNS AND EMERGENCY LIGHTING. EMERGENCY LIGHTING IS REQUIRED AT ALL EXIT DOORS. EXIT AND DIRECTIONAL SIGNAGE SHALL BE INSTALLED AT EVERY REQUIRED EXIT DOORWAY, INTERSECTION OF CORRIDORS AND AT
OTHER SUCH LOCATIONS AND INTERVALS AS NECESSARY TO CLEARLY INDICATE THE DIRECTION OF EGRESS.
13. FIRE EXTINGUISHER TO BE A MINIMUM 2A10BC, RATED WALL MTD. AT A HEIGHT TO MEET ADA CODES WITH SIGNAGE.
14. CONTRACTOR SHALL FURNISH/INSTALL FIRE EXTINGUISHERS AND F.E. WALL SIGNAGE COMPLIANT WITH CODES. ALL F.E.'S SHALL BE TAGGED, CURRENTLY DATED, EFFECTIVE FOR ONE-YEAR. FINAL QUANTITIES OF FIRE EXTINGUISHERS ARE SUBJECT TO CODES AND/OR LOCAL FIRE MARSHAL
DIRECTIONS/REQUIREMENTS.
15. SPRINKLER INSTALLING CONTRACTOR MUST OBTAIN A FIRE SPRINKLER PERMIT FOR FIRE SPRINKLER WORK PRIOR TO SYSTEM INSTALLATION. CONSTRUCTION DOCUMENTS AND CALCULATIONS MUST BE PROVIDED BY THE SPRINKLER INSTALLER FOR REVIEW AND APPROVAL.
16. IT IS THE SPRINKLER SUB-CONTRACTORS RESPONSIBILITY TO DESIGN THE SPRINKLER SYSTEM TO ALL AREAS INCLUDING CONCEALED SPACES AND TO FIT WITHIN THE ROOF STRUCTURE AND AVOID LIGHT FIXTURES, FANS & MECHANICAL DUCT IN THE SPACES WITH EXPOSED STRUCTURE. AS HIGH AND TIGHT TO THE
DECK AS POSSIBLE.
17. SUBMIT ALL COLOR SAMPLES TO OWNER AND ARCHITECT FOR APPROVAL PRIOR TO CONSTRUCTION. ALLOW AMPLE TIME FOR SELECTIONS AND APPROVALS.
18. DESIGN-BUILD SUB-CONTRACTORS ARE TO VERIFY THAT ALL APPLICABLE WORK IS IN THEIR SCOPE OF WORK AND THEREFORE IN THEIR RESPECTIVE BID. IT IS THE RESPONSIBILITY OF THE DESIGN-BUILD SUB-CONTRACTOR TO COORDINATE THIS WITH OTHER SELECTED DESIGN-BUILD SUB-CONTRACTORS.

Registration Information
I hereby certify that this plan,
specification, or report was prepared by
me or under my direct supervision, and
that I am a duly Licensed Architect
under the laws of the State of
Owner

Printed Name
MICHAEL F. DIEM
Signature
DATE

License #

6-16-15

Project Status

Sheet Information

SHEET# SHEET NAME


GENERAL
TO

Date

93' - 2"

NOTE SITE PLAN IS FOR REFERENCE ONLY, ALL EXISTING SITE CONDITIONS TO REMAIN , NO NEW ADDITIONAL SITE WORK

Revisions

44' - 6"

DRAWING INDEX

26,700 SQ. FT.


49 EXISTING PARKING STALLS + 28 PROOF OF
PARKING STALLS = 77 PARKING STALLS

30' - 11"

SITE

2159 Curve Crest


Boulevard, Stillwater, MN

CONTACT: RYAN SEAVERT


O: (320) 259-6575
F: (320) 259-6991
EMAIL: SeavertR@DuffyEng.com
WEBSITE: DUFFYENG.COM

LOCATION MAP

23

WASHINGTON AVE.

ARCHITECT

28 PROOF OF PARKING STALLS

TITLE SHEET

TITLE SHEET

ARCHITECTURAL
D1
DEMO PLAN
A1.0 FLOOR PLAN & SCHEDULES
Project No :

15-111

Drawing No :

Sheet Size : 24" x 36"


Drawn By :

STRUCTURAL
XXX
XXX

NOTE ELEVATION IS FOR REFERENCE ONLY, NO NEW WORK


EXISTING ELEVATION
1
3/32" = 1'-0"

CAL

Checked By :
Date :

RT

TO

6-16-15
C 2015 ARCHNET, Inc.

KEY
EXISTING WALL TO BE DEMO
EXISTING WALL TO REMAIN

NEW WALL

6
A1.0

MN SHOOTING
ACADEMY
B

B
2159 Curve Crest
Boulevard, Stillwater, MN

Revisions
Item

Date

Registration Information

I hereby certify that this plan,


specification, or report was prepared by
me or under my direct supervision, and
that I am a duly Licensed Architect
under the laws of the State of
Owner

Printed Name
MICHAEL F. DIEM
1

DEMO PLAN
3/32" = 1'-0"

Signature
DATE

License #

6-16-15

Project Status

Sheet Information
DEMO SHEET

Project No :

15-111

Drawing No :

Sheet Size : 24" x 36"


Drawn By :

CAL

Checked By :
Date :

RT

D1

6-16-15
C 2015 ARCHNET, Inc.

KEY

EXISTING WALL TO BE DEMO


EXISTING WALL TO REMAIN
NEW WALL

6
A1.0
(5) NEW BOLLARDS

A
STORAGE

WOMEN

111

104

BREAK ROOM

VESTIBULE
100

110

ELEC.
112

MEN
RETAIL SPACE

105

101

MN SHOOTING
ACADEMY

OFFICE
106

B
OFFICE

OFFICE

8' - 0"

102A

LANE 1

102

8' - 0"

15' - 0"

4' - 4"

75' - 0"

TYP.

22' - 0"

107

2159 Curve Crest


Boulevard, Stillwater, MN

24' - 8"

LANE 2

108

LANE 3

GUN RANGE
LANE 4

AIR LOCK

103

102

LANE 5

113
114

LANE 7
LANE 8
33' - 4"

WAREHOUSE

LANE 6

Revisions

SAFETY CORRIDOR

BULLET CATCHER AREA

60' - 0"

Item

LANE 9

Date

LOUNGE VENDING

LANE 10

STORAGE

109

114

LANE 11
2' - 0"

GUN SMITH
(OFFICE)

LANE 12

D
DOCK

1
1

Registration Information
I hereby certify that this plan,
specification, or report was prepared by
me or under my direct supervision, and
that I am a duly Licensed Architect
under the laws of the State of
Owner

FLOOR PLAN
3/32" = 1'-0"
NOTES:
1. DOOR AND ROOM FINISH SCHEDULE ARE FOR REFERENCE ONLY VERIFY ALL FINISHES WITH OWNER
2.NOTE: ALL HARDWARE GROUPS ARE FOR REFERNCE ONLY VERIFY ALL HARDWARE WITH OWNER

Printed Name
MICHAEL F. DIEM

ROOM FINISH SCHEDULE

12" CMU CORE FILLED, SEE STRUCT.


FOR REINFORCING

T.O.W.
122' - 0"
EXISTING BAR JOIST BEARING 118'-0"

EXISTING BAR JOIST BEARING 116'-0"

INTERIOR WALL TYPES


1" = 1'-0"
SEE SCHED.

SEE SCHEDULE

FLOOR PLAN
100' - 0"

SECTION
1/8" = 1'-0"

2"

F1
HOLLOW
MTL. FRAME

PROVIDE NEW FOOTING AS


REQUIRED SEE STRUCT.

SEE SCHED.

NEW STEEL BEAMS SEE STRUCT.

NEW12" CMU CORE FILLED,


SEE STRUCT. FOR
REINFORCING

NAME

WALL FINISH

BASE

CEILING
FINISH

CEILING
HEIGHT

COMMENTS

Signature

WALL TYPE 1

SEE SCHEDULE

NOTE WALL AND CEILING STEEL PANELS FOR


BULLET RICOCHET PREVENTION BY OTHERS

Number

FLOOR
FINISH

FRAME TYPES
1/4" = 1'-0"

A
NON-INSULATED
H.M. DOOR

100
101
102
103
104
105
106
107
108
109
110
111
112
113
114

VESTIBULE
RETAIL SPACE
AIR LOCK
GUN RANGE
WOMEN
MEN
OFFICE
OFFICE
OFFICE
GUN SMITH (OFFICE)
BREAK ROOM
STORAGE
ELEC.
WAREHOUSE
STORAGE

6-16-15

Project Status

FLOOR PLAN

Project No :

DOOR SCHEDULE
DOOR #

FROM ROOM: NAME

HEIGHT WIDTH

DOOR TYPE

FRAME
TYPE

HDWR
GROUP

COMMENTS

Drawn By :

CAL

Checked By :

102
102A
114

RETAIL SPACE
AIR LOCK
RETAIL SPACE

7' - 0"
7' - 0"
7' - 0"

3' - 0"
3' - 0"
3' - 0"

A
A
A

15-111

Drawing No :

Sheet Size : 24" x 36"

GROUP 1 INTERIOR LATCH SET,


BUTTS AS REQ'D
1 EA CLOSER
1 EA DOOR STOP
1 EA LATCH SET

License #

Sheet Information

DOOR TYPES
1/4" = 1'-0"

HARDWARE LEGEND

DATE

F1
F1
F1

1
1
1

Date :

RT

A1.0

6-16-15
C 2015 ARCHNET, Inc.

Ballistic & Acoustic

Ballistic Rubber Protection and Acoustic Systems


The primary purpose of ballistic protection in a range is to help prevent injury
and protect property from damage. Traditional ballistic systems are designed
to simply redirect misfires and ricochets, not necessarily to stop their path and
contain them. Range Systems ProTact ballistic protection systems provide
a safer range environment by eliminating these hazards with full
encapsulation of errant rounds and ricochets. Our proprietary ballistic rubber
allows us to create the safest, cleanest and quietest ranges in the industry
today. Here are some of the ballistic protection products where we use our
ProTact systems:

Baffles

Safety Ceiling

Ballistic Sidewall Protection

Shooting Lane Dividers

Free-Standing Ballistic Shields

Acoustic Systems

Baffles
Range Systems has a variety of baffle designs and options to suit your needs.

The baffles on a range must be matched with the capabilities of the


ammunition being fired on the range. While we have several levels of ballistic
protection, with our proprietary ballistic rubber, we not only can provide you
the safest shooting environment possible, but also improve the overall
appearance of your range.
Whether you train from a fixed firing line or advance downrange, Range
Systems baffle systems can be installed in a no-blue sky configuration so
errant rounds cannot escape the perimeters of the range. Our baffles also
protect downrange lights, columns, utilities or any type of protuberance that is
in the line of fire. Simply put, Range Systems has the widest range of baffle
options in the industry allowing you to choose both your level of protection and
safety.

Sidewall Systems
ProTacts Ballistic Sidewall System is ideal for tactical training, close range

fire, angled fire, and any environment where shooters advance downrange.
Our ballistic Sidewall System eliminates the potential hazard of ricochets and
splatter from bullets impacting the sidewalls of the range. This allows you to
not only advance down range, but have 270 range of fire, shoot cross lane as
well as engage multiple targets at once.
Tactical Training
Angled Fire
Close Range Fire
Shoot Cross Lane

Ceiling System
One of the most critical areas in a range where a misdirected shot could

compromise personnel safety is the area from the firing line extending to
twelve feet downrange. Range Systems ProTacts ballistic rubber ceiling
system reduces the risk of injury of a vertically misdirected shot by stopping
the path of the round and safely containing it.

Acoustic Systems
There are many hazards on a shooting range, and one of the most overlooked

is the noise. Obviously you have the noise of the guns firing, but also noise
from bullet impact and reverberations. An effective noise control measure for
firing ranges is ballistic rubber. Unlike steel and plywood ranges, ranges with
ballistic rubber nearly eliminate bullet impact noise. In addition, our Acoustic
Dura-Panel rubber with channeled exterior reduces reverberation as well.
Noise is absorbed as the channels disrupt sound wave patterns so they
quickly dissipate resulting in a noise reduction. Acoustic Dura-Panel has a
Noise Reduction Coefficient (NRC) rating of 0.65.
When used as a component of a ballistic containment system, Acoustic DuraPanel will capture and encapsulate bullets and fragments, prevent ricochet
from trajectory angles as shallow as 12 degrees from the rubber surface, and
reduce airborne lead particles.

Noise exposure assessment and abatement strategies for a


indoor firing range.
Exposuretoimpulsenoiseiscommonduringthefiringofweaponsatindoorfiringranges.The
aims of this study were to characterize the impulse noise environment at a law enforcement
firing range; document the insufficiencies found at the range from a health and safety
standpoint; and provide noise abatement recommendations to reduce the overall health
hazardtotheauditorysystem.Tenshootersconductedatypicallivefireexerciseusingthree
different weaponsthe Beretta.40 caliber pistol, the Remington.308 caliber rifle, and the
M4.223 caliber rifle. Measurements were obtained at 12 different positions throughout the
firing range and adjacent areas using dosimeters and sound level meters. Personal and area
measurements were recorded to a digital audio tape (DAT) recorder for further spectral
analysis.Peakpressurelevelsinsidethefiringrangereached163decibels(dB)inpeakpressure.
Equivalentsoundlevelsrangedfrom78decibels,Aweighted(dBA),inofficeareaadjacentto
therangeto122dBAinsidetherange.Noisereductionsfromwallstructuresrangedfrom2944
dB.Noiseabatementstrategiesrangedfromsimplenoisecontrolmeasurestoelaboratedesign
modificationstoeliminatestructuralbornesoundsusingacousticaltreatments.

Acousticaltreatmentofexposedwalls,overheadbaffles,safetyceilings,shootingstalls,andthe
range floor changes the surfaces from reflective to absorptive and significantly reduces the
noise level in the range. These acoustical applications are specifically designed to absorb the
loud reverberation of indoor gunfire, decrease the sound level within the range, and reduce
noisetransmissionoutsideoftherange.

INDOOR RANGES

U.S. PATENT # 5822936

SAFETY BAFFLES
In addition to keeping fired bullets from exiting the range, baffles offer protection for
overhead lights, pipes, ventilation ducts, and other structures.

A critical safety concern on any indoor range is making sure bullets cannot escape
to the outside. Using an innovative combination of steel, wood, and acoustical
tile, Action Target Safety Baffles provide ballistic protection, sound abatement,
and a polished, professional appearance.

WWW.ACTIONTARGET.COM PO BOX 636 PROVO, UT 84603 P 801.377.8033 F 801.377.8096

To ensure you get exactly what you need for your specific
range requirements, Action Target Safety Baffles come in four
levels of protection.

LEVEL 1: Baffles are made of 10-gauge steel and will deflect

LEVEL 3: Baffles are made of 1/4 AR steel and will

and contain most standard handgun rounds fired at an angle

deflect and contain standard handgun rounds fired at a

of at least 45 degrees from perpendicular. Some damage to

perpendicular angle with no damage to the steel plate.

the steel plate may occur. Repeated rounds impacting in

Baffle will also deflect and contain high power rounds (.223

the same area may breach the baffle.

and .308) fired at an angle of at least 45 degrees from

LEVEL 2: Baffles are made of 1/4 mild steel and will deflect

perpendicular. Some damage to the steel plate may occur.

and contain standard handgun rounds fired at an angle

LEVEL 4: Baffles are made of 3/8 AR steel and will

of at least 45 degrees from perpendicular with little or

deflect and contain standard handgun rounds fired at a

no damage to the steel plate. Baffle will also deflect and

perpendicular angle with no damage to the steel plate.

contain standard handgun rounds fired at a perpendicular

Baffle will also deflect and contain high power rounds (.223

angle with some potential damage to the steel plate.

and .308) fired at a perpendicular angle. High power rounds


fired at a perpendicular angle will cause damage to the steel
plate. Repeated high power rounds fired at a perpendicular
angle impacting in the same area may breach the baffle.

Nearly impenetrable barrier


Protect lighting, ventilation, and other utilities and equipment
Help control acoustics and other sound issues
Match the grade of baffles to the scope of the range be it handguns or rifles.

Performance Characteristics

Fixed firing line baffles: calculate line of sight from standing,


kneeling, and prone positions
Tactical movement baffles: entire ceiling must be completely protected
not just certain areas
Baffles are different than deflectors

WWW.ACTIONTARGET.COM PO BOX 636 PROVO, UT 84603 P 801.377.8033 F 801.377.8096

indoor ranges

wall baffle
Complete ballistic containment that will safely direct ricochet and splatter away
from the shooter. Available in handgun and rifle rated configurations.

Action Targets Wall Baffle system is designed to keep errant rounds safely
contained within the shooting range while not damaging the structure of the
building. Wall Baffles are available in configurations capable of containing both
handgun and standard rifle calibers (5.56, 7.62, etc.).

WWW.ACTIONTARGET.COM PO BOX 636 PROVO, UT 84603 P 801.377.8033 F 801.377.8096

All impact surfaces on the Wall Baffles are made of through hardened
AR500 steel. The joint system provides an overlapping and continuous
barrier eliminating any gaps through which rounds may escape. The
overlapping joint design also allows wall baffles to be modular to fit
any range. Wall Baffle panels are available in 1/4 and 3/8 thicknesses
depending on the range requirements. In order to contain impacts from
rifle calibers at various angles (including perpendicular shots), 3/8 steel
must be used. All steel panels are cut on computer controlled, highdefinition plasma cutters and are prepped and painted to meet SP-6
specifications. No flame cutting of any type is used.

Standard Accessories

Optional Accessories

Mounting Requirements

Plywood
Acoustic paneling

Rubber covering
Various acoustic tiling options

CMU / Concrete wall / drywall / plywood styuds / self supporting wall

Height

4 to 40

Width

Unlimited

Thickness

2 to 8

WWW.ACTIONTARGET.COM PO BOX 636 PROVO, UT 84603 P 801.377.8033 F 801.377.8096

Shooting Range Sound Test


Action Target conducted a test on Saturday December 7, 2002 to determine the level of sound emitting
from an uninsulated indoor range. We used the facilities of Rangemasters of Utah located at: 712 West
1300 North Springville, UT 84663. The range is a standard 25 yard fixed position commercial range
with a Total Containment Trap, 9 rows of overhead baffles (7 with fascia), and shooting stalls. The
walls are solid grout CMU block. Above the baffles is a wood truss assembly with standard roof
construction and no insulation.
This range is located in a light industrial area. There is one City access road to the north about 200' that
has moderate traffic. Other roads in the area are south of the range with very little traffic.
We took our sound measurements moving away from the building to the west through an open lot. The
next building to the west is 500' away. The lane we used for our testing in the range was just inside the
western wall shooting to the north.
The equipment used for this test was a Larson-Davis hand held meter, model DSP80 (see attached spec
sheet). In order to produce the worst case scenario we used a 50 caliber BMG rifle. The rounds fired
were TTI Armory FMJ Ball 647 gr. (see attached spec sheet). All shots were fired from the 25 yard
line.
The test was conducted from six positions outside the range. At each distance three measurements
were taken; ambient sound, normal conversation, and peek levels with a single shot fired in the range.
The results are as follows:
Distance
10'
Traffic
100'
200'
300
400
450

Ambient db
50
55
50
50
47
45.5
43.5

Conversation db
75.2

Shot Fired db
84.3

74.9
72
72.6
71.5
72.5

71.9
66.9
59.2
54.3
56.9

The reading from 450' when the shot was fired increased slightly from the reading at 400'. We believe
this was due to reverberation off the building to the west.
This test was conducted by employees of Action Target namely; Layne Ashby, Ernie John, Justin
Briggs, and Jarom Xochimitl.
Sincerely,

Layne Ashby
Action Target, Inc.

Shooting Range Sound Test


Action Target conducted a test on Friday April 18, 2008 to determine the level of sound emitting from
an insulated indoor range. This test was conducted on the shooting range listed:
Get Some Guns
6651 S. State Street
Murray, UT 84107
The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows
of overhead baffles (7 with fascia), and shooting stalls. The walls are solid grout CMU block. Above
the baffles is a steel truss assembly with standard roof construction and fiberglass insulation. This range
is equipped with sound absorbing panels with a .95 NRC rating to reduce reverberation time.
This range is located in a commercial area. State Street is west of the range about 20' and has heavy
traffic. Other roads in the area are on all sides of the range with little traffic.
We took our sound measurements moving away from the building to the north, west and east through
the parking lots. The closest buildings to the range are:
North
Sam's Club
500+' away
South
Commercial strip center
25' away
West
Commercial strip center
100' away
East
Residential homes
70' away
There were 4 shooters in lanes in the south bay of the range just inside the southern wall shooting to the
east. The shooters were shooting 9mm and 40 cal handguns.
The equipment used for this test was a RadioShack digital hand held meter. Sound levels were
measured in the A-weighting scale with frequencies from 500 to 10,000 Hz.
The test was conducted from five positions outside the range and readings at the shooting line in the
range. At each distance three measurements were taken; ambient sound, traffic, and peek levels with
shots fired in the range. The results are as follows:
Distance
In the range
In the Gun store
10' south
50' east
State St. sidewalk
200' north

Ambient db
79
64
61
56
53
54

Traffic db
-68
68
63
64
63

Shot Fired db
107
72
67
61
54
55

The readings from 50' east and 10' south increased slightly from the other readings. We believe this was
due to reverberation between the buildings.
This test was conducted by Layne Ashby of Action Target with assistance from Skyler Wallin of Get
Some Guns.

Shooting Range Sound Test


Action Target conducted a test on Friday May 2, 2008 to determine the level of sound emitting from a
well insulated concrete tilt-up indoor range. This test was conducted on the shooting range listed:
Whistling Pines Gun Club
1418 Woolsey Heights
Colorado Springs, CO 80915
The range is a standard 25 yard fixed position commercial range with a Total Containment Trap, 9 rows
of overhead baffles (7 with fascia), and shooting stalls. The walls are solid tilt-up concrete. Above the
baffles is a steel truss assembly with standard roof construction and fiberglass insulation. This range is
equipped with sound absorbing panels with a .95 NRC rating to reduce reverberation time.
This range is located in an industrial area. Markshuffle Street is east of the range about 500' and Hwy
124 is South about 1000', both with heavy traffic. Other roads in the area are on all sides of the range
with little traffic.
We took our sound measurements moving away from the building to the north, south, west and east
through the parking lots. The closest buildings to the range are:
North
Storage yard
300' away
South
Open field
West
Industrial offices
200' away
East
Industrial offices
200' away
There were 6 shooters in lanes in the east bay of the range just inside the eastern wall shooting to the
north. The shooters were shooting 9mm handguns.
The equipment used for this test was a RadioShack digital hand held meter. Sound levels were
measured in the A-weighting scale with frequencies from 500 to 10,000 Hz.
The test was conducted from 10 positions outside the range and readings at the shooting line in the
range. At each distance three measurements were taken; ambient sound, traffic, and peek levels with
shots fired in the range. The results are as follows:
Distance
Ambient db Traffic db
Shot Fired db
In the range
76
-102
In the Gun store
50
-62
10' east
63
67
68
50' east
54
68
67
100' east
61
68
66
50' west
62
66
65
100' west
63
67
65
50' north
77
--100' north
58
60
59
50' south
63
67
66
100' south
64
66
66
It was very windy the day of this test which made it very difficult to collect these reading. The wind

gusts were much louder than the traffic or shots fired. The readings on the north side of the building
were higher due to the HVAC equipment. The shots fired were nearly undetectable as we moved away
from the range building. We believe this is due to the construction type and insulation of the building.
This test was directed by Layne Ashby and conducted by Wayne Ashby of Action Target with
assistance from Kevin Klesser of Whistling Pines Gun Club.

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