City Commission to make final decision on gun range location

This aerial photograph from Sept. 5, 2015, shows 1021 East 31st St., one of two possible locations for a proposed shooting range and gun shop.

Lawrence City Commissioners will have the final say Tuesday on where in the city a new, private gun range will be located.

Because the businessman behind the idea submitted plans for two locations, commissioners will decide whether to rezone the shooting range in what’s currently an industrially zoned building at 1021 E. 31st St., near the 31st and Haskell intersection, or let him use a backup location in The Malls shopping center at 23rd and Louisiana streets.

City planners and many Lawrence residents have voiced concern about The Malls location — a “highly active center” where the shooting range would be bounded by a yoga studio on one side and a barber shop on the other, according to city documents. But the Lawrence school board, Boys and Girls Club and the Prairie Park Neighborhood Association have argued against locating it off East 31st Street.

The existing building just northwest of the 31st and Haskell intersection is adjacent to the Prairie Park neighborhood and within 1,000 feet of the Lawrence College and Career Center and the proposed site of a Boys and Girls Club teen center.

“There’s an expectation we provide a safe, positive place for kids,” said Duane LaFrenz, a member of the Boys and Girls Club board of directors, in February. “If a teen center is going to be successful, there can be no doubt that this is a safe and positive environment.”

Tuesday will be the second instance the City Commission will see the gun range proposal for 31st and Haskell streets. It first came to the commission in January, with the recommendation from the Lawrence-Douglas County Planning Commission that it be denied.

But Rick Sells, who’s establishing the shooting range, told commissioners at that meeting that if the 31st and Haskell location were denied, he’d pursue another site at The Malls. That site, because it’s already zoned to allow for a shooting range, would not require Sells to get approval from the planning or city commissions.

After hearing about the other site, commissioners Matthew Herbert and Lisa Larsen said they intended to approve the 31st and Haskell proposal. But when Commissioner Stuart Boley and Vice Mayor Leslie Soden said they’d vote it down and Mayor Mike Amyx said he was unsure, the majority of the group decided to send it back to the Lawrence-Douglas County Planning Commission for a comparative analysis of the sites.

Before the planning commission heard it for a second time Feb. 22, The Malls site was administratively approved by the city.

After an hours-long discussion at the Feb. 22 meeting, planning commissioners voted 8-0 to express their preference that the range be located at 1021 E. Haskell Ave. Two commissioners abstained. They also voted to recommend rezoning 1021 E. 31st St. to allow for the gun range. The vote was 5-2-3, with three commissioners abstaining.

The planning commission’s initial decision to deny the rezoning, which was made in November, went against city planners’ suggestion and came after the Lawrence school board expressed its opposition.

It was discussed whether a shooting range at 1021 E. 31st St. would be a violation of the Gun Free School Zones Act, which prohibits firearms on public property within 1,000 feet of a school. It was determined that the law would not apply because the shooting range is private property.

City commissioners will need a simple majority of 3-2 to either approve or deny the rezoning request Tuesday.

Commissioners will not be asked later to vote on a site plan for the site because that requires only administrative approval, said Scott McCullough, city planning director.

The commission convenes at 5:45 p.m. Tuesday at City Hall, 6 E. Sixth St.

In other business, commissioners will:

• Vote on a revised plan for the HERE @ Kansas apartment and retail development at 1101 and 1115 Indiana St.

The HERE @ Kansas apartment and retail project at 1111 Indiana St. is seen looking south from the intersection of 11th and Indiana Streets, Monday, March 14, 2016.

Developers are seeking permission to use an already-constructed parking garage as valet parking. Under the original plan, the garage was supposed to be automated, but developers have been working to devise a new parking strategy when the manufacturer of the automated garage filed for bankruptcy in October.

City Commissioners voted Jan. 26 to defer a vote on the valet garage after voicing concerns about the feasibility of a valet garage.

HERE developers responded to those concerns earlier this month, when they provided the city with studies proving a valet parking garage would work — though it would allow for fewer parking spaces than an automated garage.

City planners are suggesting the revised development plan be approved with several conditions, the first being that developers can’t fill all 624 bedrooms. Thirty-two bedrooms and the development’s retail and restaurant space must remain empty until developers secure more parking.

Other conditions include: following a parking operation plan that states valets will man the garage all day, every day, and providing a monthly report to the city each month during the first year about the garage’s use.

• Vote on a parking schedule and fees for 108 on-street metered parking spaces along Mississippi Street that are part of the HERE @ Kansas development.

The agreement between developers and the city established that HERE would keep revenue from the meters to help maintain the meters. The city will be tasked with enforcing the parking. Revenue from parking violations will go to the city.

The proposal calls for meters to be enforced from 9:30 a.m. to 6 p.m. Monday through Saturday. Those using the parking spaces would pay $1.50 per hour. Fines for meter violations would start at $15, and go to $25 after two weeks of nonpayment.