The Lawrence-Douglas County Planning Commission has recommended denial of a proposal to rezone a property near a school and future Boys & Girls Club location to allow for a shooting range and gun shop to locate there.

The vote went against the planning staff’s recommendation, but commission members made clear they believed the staff’s recommendation was correct in terms of zoning ordinances and municipal, state and federal law. However, the commission is there to consider factors beyond just legality, commissioners said.

“To me, the real hard question is just the safety issue,” said Clay Britton, chairman of the commission. “That’s one of the golden factors, is compatibility with nearby uses, and I think the school district’s and Boys & Girls Club’s use are right in the mix.”

The Planning Commission voted 4-2 to recommend denial of the request of Lawrence businessman Rick Sells to rezone an approximately 1-acre property at 1021 E. 31st St. — currently a vacant industrial building — to allow for the indoor shooting range and a gun sales and repair shop. The proposal will now head to the City Commission for consideration.

In the explanation of their votes, the four commissioners who recommended denying the request all cited either one or both of two “golden factors” the commission uses to guide its decisions: the pubic health, safety and welfare, and compatibility with the character of the neighborhood.

The request would rezone the property from General Industrial to Limited Industrial, which would allow for its use as an indoor sports and recreation facility, as well as limited retail sales. The two commissioners who voted in favor of the request, Rob Sands and Jim Denney, both said it was a very close decision for them.

“We should make decisions for ourselves based on facts, not fears,” Sands said, noting that if the commission tried to create new zoning criteria, it would be unnecessarily restrictive. “I’m going to vote for, but it’s a very barely for.”

Lawrence school board members sent a letter to the commission last week citing safety concerns and officially opposing the proposed rezoning of the property. School board member Shannon Kimball also attended Monday night’s meeting to comment.

“A gun sale outlet and shooting range is not a use that’s compatible with the education use we have,” Kimball said. “The fact that it’s legal doesn’t mean that it’s desirable.”

The Lawrence College and Career Center, 2910 Haskell Ave., is located across 31st — about 760 feet — from the proposed site. The LCCC is attended by hundreds of students from both high schools. It’s also adjacent to the proposed site for the future Boys & Girls Club teen center, which will run an after-school program for about 300 middle and high school students.

Colby Wilson, executive director of the Boys & Girls Club of Lawrence, also spoke in opposition to the request, explaining that as an organization, the club is supported by the community, school district and families of Lawrence.

“The bedrock of that support is the expectation that we provide a safe place, both emotionally and physically,” he said.

Wilson noted that he tried to go into the issue with an open mind, and he commended Sells on the intentions he has for the business to also provide gun safety and training education. But ultimately safety could not be guaranteed, Wilson argued.

“There are just too many things outside of our control and outside of Mr. Sells’ control in regard to safety,” he said.

Despite voting to deny the request, Britton said he was glad it was a mixed vote.

“I don’t think we should necessarily make a statement that nobody supported somebody’s right to have a gun store,” he said, noting his decision was based on the golden factors. “It’s becoming an education sort of zone area over there.”

Sells explained during the public hearing that he was taking the district’s safety concerns seriously, and that measures would be in place to ensure customers of both the shooting range and the gun shop would not pose a hazard to the school, including the required background checks and gun training.

“I don’t want to come across as not having feelings for what the school district is saying about having a gun facility that close to a school,” he said.

In his denial, commissioner Bruce Liese — who noted that he is not anti-gun, and in fact owns 12 guns and himself frequents shooting ranges — said he appreciated what Sells was trying to do, and that his biggest concern wasn’t the business, but the people Sells would have to turn away.

“I’ve been in gun stores where those people have to be turned away,” he said. “My concern is not your good customers; it’s your not-so-good customers.”

The Planning Commission’s recommendation serves as guidance for the City Commission, which ultimately will make the final decision on whether the project wins the necessary rezoning approvals.

Because of the Planning Commission’s recommendation for denial, the City Commission will need a super as opposed to a simple majority — four of five commissioners instead of three voting in favor — to approve the request. Alternatively, the City Commission could choose to send the request back to the Planning Commission for further consideration.