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3/12-3/16/2001 Meetings for the week of March 12th-March 16th http://www.stpaul.gov/depts/clerk/meetings.html , , & The City of Saint Paul Meetings for the Week of AIWA March 12th, thru March 16th, 2001 MONDAY - March 12th Board of Zoning Appeals 3:00 PM COUNCIL CHAMBERS TUESDAY - March 13th *Ramsey County Board of 9:00 AM COUNCIL CHAMBERS Commissioners *HRA Public Hearing -Multi-Family 9:00 AM COUNCIL CHAMBERS Rental Housing Program Board of Water Commissioners 5:00 PM Room 330 City Hall/Courthouse WEDNESDAY - March 14th *Housing and Redevelopment 2:00 PM COUNCIL CHAMBERS Authority *City Council --- see Agenda 3:30 PM COUNCIL CHAMBERS *Public Hearings 5:30 PM COUNCIL CHAMBERS Parks and Recreation Commission 6:30 PM Groveland Rec Ctr, 2045 St. Clair Avenue THURSDAY - March 15th Zoning Committee 3:30 PM COUNCIL CHAMBERS River Corridor Special Condition 3:30 PM COUNCIL CHAMBERS Use Permit Public Hearing -Rezoning - West 3:30 PM COUNCIL CHAMBERS Gate Drive Public Hearing - Gun Shop Zoning 3:30 PM COUNCIL CHAMBERS Study FRIDAY - March 16th No Meetings Scheduled *Cablecast live and repeated on Saint Paul Channel 18. Interpreter service for the hearing impaired will be provided at public meetings upon request. Request can be made by calling(651)266-8509(Voice and TDD)Monday thru Friday, 8:00 A.M. to 4:30 P.M A minimum of two days notice is required. For more information on any of these meetings,you can send Email to: citizen.service(aci.stpaul.mn.us, or call the Saint Paul Citizen Service Office at(651)266-8989 1 of 2 3/12/2001 9:22 AM AGENDA ZONING COMMITTEE OF THE SAINT PAUL PLANNING COMMISSION Thursday, March 15, 2001 -3:30 P.M. City Council Chambers Third Floor City Hall-Saint Paul, Minnesota NOTE: The order in which the items appear on this agenda is not necessarily the order in which they will be heard at the meeting. The Zoning Committee will determine the order of the agenda at the beginning of its meeting. APPROVAL OF MARCH 1, 2001, ZONING COMMITTEE MINUTES NEW BUSINESS 1. Keith Krupenny & Son Disposal Service Inc. -01-123-136 River Corridor Special Condition Use Permit for a Tipping floor structure not elevated on fill in the flood fringe. 565 Barge Channel Road, between Stickney and Page. Zoning: 1-2, RC-2 Staff: Martha Faust 2. Northern Star Company - 01-180-542 Rezone from 1-2 to I-1 for new development. 1055 West Gate Drive, 140 feet west of West Gate cul-de-sac. Zoning:1-2 Staff: Donna Drummond 3. Gun Shop Zoning Amendments Provide Planning Commission comments on a proposed ordinance, under City Council consideration, to amend the definition of a gun shop in the Zoning Code. Staff: Nancy Homans ADJOURNMENT ZONING COMMITTEE MEMBERS: Call Allan Torstenson at 266-6579 or Carol Martineau at 266-6550 if you are unable to attend the meeting. APPLICANT: You or your representative should attend this meeting to answer any questions that the committee may have. MAR-08-2001 16:30 RAMSEY COUNTY MANAGER 651 266 8039 P.02/02 MEETING NOTICE BOARD OF RAMSEY COUNTY COMMISSIONERS 15 W. KELLOGG BLVD., ST. PAUL, MN 55102 651 266-8350 ' .MSEY COUNTY Monday, March 12, 2001 Tuesday. March 13,2001 9:00 a.m. - HRA Public Hearing on the Multi-Family Rental Housing Program Council Chambers, Third FIoor Court House Immediately following HRA Public Hearing in Council Chambers - Policy Board Meeting - Administrative Board Meeting - Housing &Redevelopment Authority— I35W Corridor Coalition Update - Finance, Personnel & Management Committee Wednesday,March 14, 2001 7:30 a.m. - Extension Committee 2020 White Bear Avenue 3:30 p.m. - Rush Line Corridor Steering Committee 4701 Highway 61, White Bear Lake Thursday, March 15, 2001 Friday, March 16,2001 12:00 noon - Ramsey County Delegation Meeting Room 318, State Capitol ADVANCE NOTICE March 20, 2001 — 9:00 a.m. - Policy Board Meeting, Council Chambers TOTAL P.02 Saint pawl Parks and Recreation Commission 300 City Hall Annex,25 W.4th Street, Saint Paul,MN 55102 - - 612/266-6400 • *AGENDA* DATE: March 14,2001,6:30 p.m. SITE: Groveland Recreation Center,2045.St. Clair Avenue (651)695-3714 1. 6:30p.m APPROVE AGENDA,MINUTES,INTRODUCE VISITORS, ANNOUNCEMENTS City Clerk's Office 2. 6:35 p.m. DIRECTOR'S REPORT Room 170 City Hall *Budget Saint Paul, MN 55102 *Implications of Midway YMCA expansion proposal 3. 6:50 p.m. NEIGHBORHOOD CONCERNS 6:50 p.m. *Mile markers along paths and trails in St. Paul-PRESENTATION- Jim Scheibel and Mike Wilson 7:00 p.m. *Proposed bus bench advertising ordinance-PRESENTATION-Wendy Lane 4. 7:10 p.m. ADVOCACY ISSUES *Topics of mutual concern with Riverfront Corporation-DISCUSSION- Patrick Seeb *CIB process-UPDATE-John Wirka *Funding mechanism: Tree trimming service charge-Judy Barr *Como Zoo and Conservatory Society Donor Recognition Plan- RESOLUTION#01-6-Jackie Sticha *Legislative funding for Como Park-UPDATE-Liz Anderson 5. 8:30 p.m. COMMISSION STRUCTURE/ACTIVITIES *Bus route advocacy(timing/legislation)-Liz Anderson *Select topics/set schedule for discussions with Mayor and City Council *Review/approve 2001 workplan and prioritized goals *Review follow-up citizen input correspondence 6. 9:00 p.m TASK FORCE AND COMMITTEE REPORTS *Long-Range Planning Subcommittee-Al Paulson *Off-Leash Dog Area Task Force-Jill Danner and Heidi Welsch *Como Zoo and Conservatory Society- Terry Huntrods *Bicycle Advisory Board 7. 9:15 p.m. ADJOURNMENT LEASE NOTICES/OTHER ITEMS OF INTEREST For future review: Renewal of City Academy lease at Wilder Recreation Center Meetings of the Parks and Recreation Commission are open to the public. If you require special accommodation or would like a copy of the minutes, call(651) 266-6447. TTY#(651) 266-6378. Saint Paul Parks and Recreation Commissioners: Samuel Verdeja, Chairperson: Altin Paulson. Vice-Chairperson Jill Danner, William Dnnnigan, Terrence Huntrods, Kenneth Mauer, John O'Halloran, Phil Ravitzky, Heidi Welsch If cit _ lett .attle CieekybQ,= • Li; s�Nmu elm i `W Shots' L g isli 4, �.' , III a. % _�3n dam;. 1 w 3 • 4.3 w E W jSaJOj m CC I JUJ epeoN Z�. 0 , m `••'• eu�ed s ¢ 0 < p Z Z < r f" , �i 9xeo W Z Z �Gtp] • Vo° U F w U O L IIII ��` ¢ teg% O W Z ,e►su!uRsaM g ,����i��. w a U O ,L L )d `�����*.� iAllS W W 12 = 3Sti1 *��Oi����•4i� ¢ CC CC w CC 0 E cc 3 ..lre t0SIPer ). lt 1 ri) Z [ § t=liji 'At, all g WA ‘46-4,, 'Pius-: E „,0 2 • � HA W .cc ` Is Al ill4;\ b te �� 0Za � 0 U o ulelsaM 06,r�\ ■ / • ( �� Z LL •< Y - '''‘ ■ e sJ .....,, w v c4 3 Z■ u, J id,. y IJe -, 1 A elioP.A . II r zm ■1 � < ' U o 0 .- LT. 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N ab aadx ¢ ' � � g a w �, >, go a, a •< x ¢ � 7,1 ° g PLANNING COMMISSION Gladys Morton,Chair SAINT P A U L CITY OF SAINT PAUL 25 West Fourth Street Telephone:651-266-6700 Norm Coleman,Mayor Saint Paul,MN 55102 Facsimile:651-228-3220 AAAA- DATE: February 23, 2001 TO: Interested Persons FROM: Litton Field, Chair Zoning Committee Saint Paul Planning Commission RE: Gun Shop Zoning Study The Zoning Committee of the Saint Paul Planning Commission will hold a PUBLIC HEARING on the Gun Shop Zoning Study on Thursday, March 15 3:30 p.m. City Council Chambers 15 West Kellogg Boulevard - 3rd floor Summary of Findings and Recommendations • The City Council adopted a resolution requesting the Planning Commission's review of proposed amendments to the Zoning Code related to the definition and regulation of gun shops in the city. The amendments would reduce the thresholds (i.e. square feet of sales/display space and gross sales) at which retail businesses are determined to be gun shops and subject to local land use regulation. • Federal restrictions have resulted in a decline in the number of firearms dealers in the city—and across the country. In 1993, there were 31 dealers in Saint Paul. Today our best information is that there are 22, more than half of which are very small home- or office-based operations specializing in repair, Internet sales to other federally-licensed dealers, or gun shows. Most major retailers that once sold firearms—JC Penney, Montgomery Wards, Sears, Target—are no longer in the business. K-Mart is the exception in the St. Paul market. In addition to the two 1 • Interested Persons February 23, 2001 _ Page two K-Mart stores, there are three small retailers in St. Paul who sell firearms and four pawnshops that have federal firearms licenses. None of them meet the Zoning Code's current definition of a gun shop. • The Federal Bureau of Alcohol, Tobacco and Firearms (BATF) has separated the sale of firearms from the sale of ammunition in its regulations, no longer requiring those who sell ammunition to be licensed. It is likely that most retailers in Saint Paul who sell ammunition, but not firearms, are not aware of the requirement that they be licensed by the City. • After review of the issues related to clarity, enforceability and the intent of the City Council as expressed in its adoption of the 1995 amendments, staff from PED, LISP and the City Attorney's Office, recommend alternative amendments that: i. Define gun shops as all buildings in which there is the sale, lease, trade or other transfer of firearms by firearms dealers on a wholesale or retail basis. (Remove ammunition from the definition.) Exempted from the definition would be businesses engaged solely in the cleaning or repair of firearms and those businesses processing mail order transactions where the physical transfer of the firearm does not occur on or near the premises. ii Continue to restrict new gun shops to industrial zoning districts as special condition uses with the same conditions as are currently detailed in the code. iii Add the existing licensed gun shops located in B-3 zoning districts to the list of nonconforming uses allowed to expand without nonconforming use permits (Sec. 62.102). This would allow, for instance, K-Mart to add a garden center or Joe's Sporting Goods to build an addition without requiring them to get a permit for an enlargement of a non-conforming use. Introduction City Council Resolution 00-131, adopted on February 9, 2000, directed the Planning Commission to study a series of proposed amendments to the Zoning Code related to gun shops and to prepare for the Council a report and recommendation on those amendments. To protect the status quo during the study period, a twelve month moratorium on the issuance of permits or licenses for gun shops was adopted on March 8, 2000, was published on March 28, 2000 and became effective on April 27, 2000. History and Current Status Zoning Code Until 1995, gun shops were not specifically listed in the Zoning Code, but were first permitted in B-2 zoning districts as retail businesses. Amendments adopted in 1995 added a definition of gun shop and provided that they would be first allowed as special condition uses in the I-1 district. 2 Interested Persons February 23, 2001 Page three The definition is as follows: Gun shop. A gun shop is a business of any size occupied by a firearms dealer where: (a) a majority of the gross floor area is devoted to display and sales of firearms, ammunition, or both; or (b) one thousand two hundred (1,200) square feet or more of floor area are devoted to display and sales of firearms, ammunition, or both; provided, however, that a business shall not be deemed a gun shop if during the months of September, October and November, one thousand two hundred (1,200) square feet or more of floor area are devoted to display and sales of firearms, ammunition, or both; or (c) a majority of the annual gross sales of the business is derived from the sale of firearms and ammunition. Afirearms dealer is a person who is federally licensed to sell firearms. Among the conditions listed for gun shops in the I-1 district are that they: a. Be one thousand (1,000) radial feet from any residentially zoned property and from any "protected use" as defined in Section 60.614 of the Zoning Code; and b. Meet the required firearms dealers security standards outlined in Minnesota Statutes. All special condition uses are subject to general standards relating to compliance with city plans, traffic circulation, neighborhood character, and the orderly development of surrounding property. As defined in the Code, there are currently no gun shops in the City of Saint Paul. Licensing Requirements City of Saint Paul In addition to the provisions in the Zoning Code, the City's Legislative Code requires: No person shall engage in the business of selling or dealing in firearms or ammunition in Saint Paul without first obtaining a license to do so from the city council. As of October 24, 2000, there were five City-licensed firearms dealers in Saint Paul: K-mart 245 East Maryland K-mart 1450 University Avenue West East Side Gun Shop 935 Arcade Don's Gun Finishing 1821 University Avenue West Joe's Sporting Goods 935 Dale Street North It appears likely that the sale of ammunition without City license is quite widespread. Bait shops and various gas stations/convenience stores, for instance, are likely to sell ammunition related to hunting and have not applied for City licensure. Retailers are probably not aware of the City's licensing requirement inasmuch as the BATF no longer requires licensure for the sale of ammunition and it is the federal licensing process that often informs retailers of the local requirements. Thu BATF, rather, enforces the two provisions in the law that set age limits on the K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 3 I • Interested Persons February 23, 2001 _ Page four sale or transfer of ammunition (18 years old for long gun ammunition and 21 years old for handgun ammunition) and make it a crime to sell or otherwise transfer ammunition to anyone that the seller has reason to believe is prohibited from having it (e.g. felons). Bureau of Alcohol, Tobacco and Firearms (BATF) The Bureau of Alcohol, Tobacco and Firearms (BATF) reports that there are 22 federally- licensed firearms dealers in Saint Paul. The difference between the BATF's and the City's list can be accounted for by small home- and office-based repair businesses, businesses that specialize in selling firearms to other licensed dealers over the Internet and through the mail, and four pawn shops. The complete inventory is attached. Trends The BATF indicates that the reduction in the number of firearms dealers in the city is consistent with a national trend and is likely related to: (1) higher first-time license and license renewal fees; (2) vigorous efforts by the BATF to ensure compliance with local zoning laws that prohibit the sale of firearms as home occupations etc; and (3) tighter federal requirements on the sale, transfer or lease of firearms by licensed dealers. Proposed Amendments The amendments referred to the Commission propose to do four things: (1) Change the basis for calculating the percentage of floor area devoted to the display and sale of firearms and ammunition from"gross floor area" to "display and sales floor area." (2) Reduce the thresholds at which an establishment is classified as a gun shop from: a. 51 to 25 percent of floor area devoted to the display or sale of guns and/or ammunition; b. 1200 to 600 square feet of floor area devoted to the display or sale of guns and/or ammunition; or c. 51% to 25% of sales attributable to the sale of guns and/or ammunition. (3) Change the method of calculating sales from annual gross sales to annual gross sales calculated on a month-to-month rolling average. (4) Add a condition to be met by those applying for a special condition use permit that they report on their sales after each quarter. Specifically, the proposed amendments are as follows: Gun shop. A gun shop is a business of any size occupied by a firearms dealer where: (a)a majority twenty-five (25) percent of the gross display and sales floor area is devoted to display and sales of firearms, ammunition, or both; or(b)une thousand two six hundred (1,200 600) square feet or more of floor area are devoted to display and sales of firearms, ammunition, or both; provided, however, that a business shall not be deemed a gun shop if during the months of September, October and November, one thousand two six hundred (1,200 600) square feet or more of floor area are devoted to display and sales of firearms, ammunition, or both; or (c)a majority twenty-five (25) percent of the annual gross sales of the K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 4 • Interested Persons February 23, 2001 Page five business, calculated on a month to month rolling average,is derived from the sale of firearms and ammunition. Section 60.614 (12) of the Zoning Code (relating to principal uses permitted subject to special conditions) be amended to read as follows: c. A summary of sales for the purpose of demonstrating compliance with the definition of "gun shop" in Section 60.207 G shall be submitted to the Office of Licensing, Inspection and Environmental Protection, in a form approved by the Department, each quarter for the three preceding months. The reports shall be submitted by the 15th of the month after the end of each quarter. Issues Raised (1) Measuring Floor Area. The term"gross floor area" is currently used when addressing square footage requirements for a gun shop. The proposed amendments would use "display and sales area" as the basis for evaluating the proportion of a retail establishment being used for the sale of guns and/or ammunition. Discussion: Those proposing the amendment feel that LIEP's interpretation of"gross floor area" is too expansive inasmuch as it included storage areas and restrooms. They are probably not aware that "gross floor area" (the term used in the code) is specifically defined in the zoning code as: Floor area, gross. The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The gross floor area measurement is exclusive of areas of unfinished basements, unfinished cellars, unfinished attics, attached garages, space used for off-street parking or loading, breezeways, enclosed and unenclosed porches and accessory structures. Rather than creating a new definition of"display and sales floor area," reducing the basis for calculating a percentage of floor area devoted to the display and sale of firearms and/or ammunition would be done more effectively by using the term"usable floor area," already defined in the zoning code as: Floor area, usable. That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers and all that area devoted to employee workspace. Such floor area which is used or intended to be used principally for the storage of merchandise, hallways, elevator or stair bulkheads or for utilities or sanitary facilities shall be excluded from this computation of"usable floor area." Measurement of usable floor area shall be the horizontal areas of the several floors of the building, measured from the exterior faces to the exterior walls. K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 5 Interested Persons February 23, 2001 _ Page six (2) Reducing the Thresholds. The amendments propose to lower the thresholds at which an establishment that sells firearms and/or ammunition becomes gun shop under the provisions of the Zoning Code in two ways: by reducing the amount of floor area that can be devoted to display and sales and reducing the revenue that may come from the sale of firearms and/or ammunition. Discussion: This is the central policy issue related to these proposed amendments and the effects would be as follows: a. More existing City-licensed firearms dealers would be classified as gun shops and—because they are located in B-3 zoning districts--would become legally non-conforming uses, subject to the Code's provisions related to changes, expansions and re-establishments of non-conforming uses. b. Because the definition is based on the square footage of the sales area and sales revenues, any expansion of either would precipitate the requirement that the owner apply for an expansion of a non-conforming use permit. c. In determining whether a proposed new facility is a gun shop, a floor plan could be easily used to determine whether it would exceed the 600 square foot or 25% of usable floor area thresholds. More difficult to determine would be whether the 25% of sales threshold will be exceeded. d. For existing facilities that are determined not to be gun shops and, therefore, legally locate in any commercial district, the question will arise as to what should be done if, in any given year, the percent of their sales that can be attributed to guns and ammunition exceeds 25%. (3) Calculating Sales. The amendments propose to redefine how sales revenues are computed for the purpose of defining a gun shop. The Code currently bases its definition on a percentage of annual gross sales. This, potentially, opens a loop hole allowing firearms dealers who, by the end of the year, have sold"too many" firearms to sell non-gun items to inflate non-gun sales and affect the gross annual sales percentage. These dealers could then liberally accept the return of these non-gun items at the beginning of the calender year. If amended, the Code would require that annual gross sales be computed as a month-to-month rolling average—effectively for any twelve month period. The application for licensure or license renewal would be amended to require that—in addition to a floor plan--monthly sales data (total sales and sales of firearms and ammunition)be provided. LIEP staff would then be able to calculate the percentage of annual sales on a monthly basis. Discussion: The question before the Planning Commission and City Council is one of whether the more detailed reporting requirements are justified by greater clarity and enforceability of the code. Again, the issue is more cumbersome in light of the fact that it will only be related to those seeking renewal of firearms licenses or responding to a complaint since new licensees K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 6 Interested Persons February 23, 2001 Page seven will not have sales data to evaluate. The City will then be faced with the question of what to do when an existing retailer's data reflect—for one or more months—that more than 25 percent of his/her sales is attributable to firearms and ammunition. (4) Reporting Requirements as Conditions. The proposed amendments would add a condition to a special condition use permit requiring quarterly reporting of sales. Discussion: This amendment does not have the results anticipated by those proposing it inasmuch it would affect only those establishments that have already been determined to be gun shops under the provisions of the Code and received a special condition use permit. It would not result in identifying additional gun shops or precipitating enforcement action against an establishment trying to avoid designation as a gun shop. The routine reporting mechanism anticipated by the authors of the proposed amendments would be more effective if it is tied to the application for the renewal of a firearms license. (See discussion above.) (5) Staff suggestions: If these amendments are adopted by the City Council, planning staff would propose an amendment to clarify the exemption currently in the definition of gun shop that excludes those establishments that exceed the minimum gross floor area during the months of September, October and November. It is clearly the intent of the language that those exempted should be those that exceed the minimum levels only in September, October and November. In addition, staff would propose that the language in the definition of gun shops related to floor area or gross sales include the phrase 25 percent or more. Staff Proposed Alternative Acknowledging the market trends related to the retail sale of firearms and recognizing the enforcement issues presented by the proposed amendments before the City Council, staff proposed the following alternative provisions for Planning Commission consideration: 1. Define gun shops as all buildings in which there is the sale, lease, trade or other transfer of firearms by federally-licensed firearms dealers on a wholesale or retail basis. (Remove ammunition from the definition.) Exempted from the definition would be businesses engaged solely in the cleaning or repair of firearms and those businesses processing mail-order or on- line transactions where the physical transfer of the firearm does not occur on or near the premises. 2. Continue to restrict new gun shops to industrial zoning districts as special condition uses with the same conditions as are currently detailed in the code. K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 7 • Interested Persons February 23, 2001 Page eight 3. Add the existing licensed gun shops located in B-3 zoning districts to the list of nonconforming uses allowed to expand without nonconforming use permits (Sec. 62.102). This would allow, for instance, K-Mart to add a garden center or Joe's Sporting Goods to build an addition without requiring them to get a permit for an enlargement of a non- conforming use. Discussion. There would be four impacts of this change: 1. There would be no ambiguity about whether an existing or proposed establishment is a gun shop. Wherever firearms are—or are proposed to be--sold, leased, traded or otherwise transferred on a wholesale or retail basis would be a gun shop, regardless of the size of the display area or the percent of sales attributable to firearms in any given month. And any new establishment where guns would be sold, leased, rented or traded—including a new K-Mart or Gander's Mountain (if they chose to sell guns)—would have to locate in an I-1 zoning district with a Special Condition Use Permit. 2. All of the existing City-licensed firearms dealers would become legally non-conforming gun shops, but would be exempted from requirements that they apply for a permit to enlarge a nonconforming use when and if they should want to expand the size of their building. 3. The sale of ammunition would not be included in a definition of a gun shop. This would eliminate the apparent current"disconnect" between the code and its enforcement and not impose on dozens of small retailers who seasonally stock ammunition for hunters a new series of regulations. 4. Should the City's licensing provisions be successfully challenged, the zoning provisions would be sufficient to effectively regulate the establishment of new facilities. For Further Information Questions about the study or the public hearing should be directed to Nancy Homans, Saint Paul Department of Planning and Economic Development, at 651-266-6557 or nancv.honnans@ci.stpaul.mn.us Attachments: Attachment A- Federally Licensed Firearms Dealers in Saint Paul Attachment B -Draft Ordinance Attachment C - City Council Resolution Referring Proposed Amendments to the Planning Commisstion for Study and Report Attachment D - City Council Moratorium K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 8 Attachment A: Federally Licensed Firearms Dealers in Saint Paul Federally Licensed City License Comment Firearms Dealers (1-2-01) East Side Gun Shop City-licensed firearms dealer 935 Arcade Joe's Sporting Goods City-licensed firearms dealer 935 North Dale K-Mart City-licensed firearms dealer 245 East Maryland K-Mart City-licensed firearms dealer 1450 University Avenue Don's Gun Finishing City-licensed firearms dealer 1821 University Avenue American Pawn Shop City-licensed pawn shop 189 East 7`1' Street Lincoln Pawn and Jewelry City-licensed pawn shop 1675 White Bear Avenue 10`h Street Paul City-licensed pawn shop 136 10`h Street JJ Jewelers & Pawn Broker City-licensed pawn shop 6 Licenses- Varied addresses Home-based repair/permitted home occupation 4 Licenses - Varied addresses Home-based Internet sales with delivery by mail to licensed dealers or sale at gun shows Mid-States Distributing 548 South Snelling DC Arms 215 Ohio Paul Burke 1746 Rome Avenue K:\Shared\Ped\HOMANS\Gun Shop Zoing Study.wpd 9 Attachment B: Draft Ordinance Council File # Ordinance # Green Sheet # ORDINANCE CITY OF SAINT PAUL, MINNESOTA - Presented By Referred To Committee: Date 1 ORDINANCE ADOPTING ZONING ORDINANCE AMENDMENTS 2 RELATED TO GUN SHOPS 3 4 WHEREAS, the Planning Commission has made a survey of the area within the m n p liiboundaries of 5 Saint Paul, for the purpose of considering amendments to ttoningOrdinance of tliy€< €nd has 6 determined that the number of real estate descriptions beinggffoggiby the proposed`c anges would 7 render obtaining written consent impractical; and 8 9 WHEREAS, the Planning Commission, following a public hearing heldMitffekittAt..purpose on (date), 10 recommended, on (date), that the Zoning Ordinance be;a ended, and<th Council, having considered 11 the report and recommendations of the Planning Cor ssi n nd having i jt acted a public hearing on 12 the proposed Zoning Ordinance amendments, does ere yer ie.0 the Zoning Ordinance pursuant to the 13 authority granted by and in accordance with therocedures ; fn Minnesota Statutes 462.357; 14 15 The Council of the City of Saint Paul Does:Ordain: 16 17 SECTION 1 18 19 The the Council of>ahe City of Saint:Pap does herebyhdt.00ViiiiitiOirid the Saint Paul Zoning Ordinance by amending definition of>:a''� : •:sho in:» cf Q '60.207 a:<the'Saint Paul Legislative Code as follows: 20 the >::>::::>: � »:.. p <��:� ,:;� :: �:: 9 21 22 Requested byDepartment of: Yaws <=:>.:.:�Ta�;r,� Ahsant � P Rananavr R1a1ra. Planning & Economic Development Rn s t rz#a:> Harr ' '. By; ................................. ................................ ............................... ............................. ............................ .......................... ............... Adopted by Council: Date Form Approved by City Attorney Adoption Certified by Council Secretary By: By: Approved by Mayor: Date Approved by Mayor for Submission to Council By: By: 24 Gun shop. A gun shop is a 25 floor arecri tkvolcd lv-dtsplay acid-sal�� of f���a�,��� , 26 , > 27 , , 28 and November, one thousand two hundred (1,200). square feet or more of floor area are devoted to display and 29 , 30 fi.Om llic-satle of fc i cecu i and ain,eldi aililiu,r buildm►nQ ithinsw hich fses denrra�yn.»:.l�iceen nsedth fiinrde garmsdea: leriis 31 egacedin the salleasetradorothafer offeamsonawholesalo retail basis Excet �errns 32 �►s d0fi0itona � >�11federatll ►cens firearsde er �nge us p e d f ro g :.re�air leantg©r 3343 mahero mdanseneasn'>toe ootfh fierrelaimnean:ddefa2l}e frsed ehraelrey:ttcee npsheyds ficraelarmn dee aertsh ep rfoearmsin gonese nrnoet,:o bakietdo ;g"ro. r premises' 35 neartle pr 36 4. 37 SECTION 2 «< ><> :<>: of Saint Paul does herebyamenc( a Saint Pa:€€1'Zdtlati' t dnnance b >l'' 38 The the Council of the City ::::: .;;; . amendingprovisions relatingto nonconforminguses of stru res, or structures an ;1 €i .cc brination, in 39 Legislative Code as follows:::.. Paul Le i I iv 41 ..... 40 Section 62.102(f) of the Saintg ; :;:: ; b 42 (17 l listing gun shops that are legally` onconforming.,n the B 3 zoning d►strict shall be conside d% € r 43 purposes of i hang s>in nonconforming uses, as l3 S uses and may expand evert though gun shops are not 44 err itted..use it1:.1 3.zoning districts;' 45 46 47 49 This ordinance shall take effect and be in force thirty (Sad'days r r i: `rid after its passage, approval and 50 publication. • Green Sheet# W S:56 ATTAC$MENT C RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By 2429, 46,,S--- Referred To Committee: Date 1 2 WHEREAS, the Council of the City of Saint Paul,pursuant to Minn. Stat. § 462.357, 3 Subd. 4,proposes to amend certain sections of the Saint Paul Legislative Code: NOW, 4 THEREFORE, BE IT 5 6 RESOLVED, that the following amendments to Saint Paul Legislative Code § 60.207.G 7 be referred to the Saint Paul Planning Commission for study and report: 8 9 Gun shop. A gun shop is a business of any size occupied by a firearms dealer 10 where: (a) arty twenty-five (25)percent of the grass display and sales floor 11 area is devoted to display and sales of firearms, ammunition, or both; or (b) one 12 theta six hundred (-172430 600) square feet or more of floor area are 13 devoted to display and sales of firearms, ammunition, or both; provided, however, 14 that a business shall not be deemed a gun shop if during the months of September, 15 October and November, six hundred (1,200 600) square feet or 16 more of floor area are devoted to display and sales of firearms, ammunition, or 17 both; or (c)-a-maje,rity twenty-five (25)percent of the annual gross sales of the 18 business, calculated on a month to month rolling average is derived from the sale 19 of firearms and ammunition. 20 1 2 . AND, BE IT FURTHER RESOLVED,that the following amendment to Saint Paul 3 Legislative Code § 60.614(12)(c)be referred to the Saint Paul Planning Commission for study 4 and report: 5 6 c. A summary of sales for the purposes of demonstrating compliance with 7 the definition of a gun shop as set forth in section 60.207.G of this chapter shall - 8 be submitted to the department of licence, inspections and environmental 9 protection, in a form approved by the department, each quarter for the three 10 preceding months. The reports shall be submitted by the 15th of the month after 11 the end of each quarter. leas Nays Absent Benanav Requested by Department of: Blakey Boa tram Coleman Harris B+': Lantry _. Reiter Form Approved by City Attorney BY: Adopted by Council: Date Adoption Certified by Council Secretary Approved by Mayor for Submission to Council By: By: Approved by Mayor: Date By: