02/01/2010 - Airport Relations Commission
TO: DIANNE MILLER, ASSISTANT TO THE CITY ADMINISTRATOR
FROM: JON HOHENSTEIN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: FEBRUARY 1, 2010
SUBJECT: MAC/MSP LONG TERM COMPREHENSIVE PLAN COMMENTS
As we discussed, the Airport Relations Commission will be reviewing the MSP
Long Term Comprehensive Plan Update to consider possible comments for
submittal to the MAC in its regard. Community Development staff have reviewed
the LTCP Environmental Chapter and 2030 Noise Contour Maps to provide
information to the Commission and you from the Planning and Building Inspections
perspectives.
As a part of the City’s own Comprehensive Plan update and in consideration of the
settlement of the sound attenuation lawsuit between noise affected cities and the
MAC, the City of Eagan reviewed its land use related aircraft noise attenuation
policies and implemented a Noise Attenuation Construction Ordinance for new
development and redevelopment within the MAC/Met Council Noise Exposure
Zones and the one mile buffer around the zones.
In summary, the City’s policy strategy will be to minimize the construction of new
noise sensitive land uses within the Noise Zones and buffer area. Where new
development of noise sensitive uses would be considered within those zones,
because other land use factors support it (in-fill development, redevelopment within
established residential areas, etc.), conditions of approval will be applied to
development approvals to assure indoor noise attenuation suitable for the exposure
level. In addition, the City adopted a noise attenuation construction ordinance to
clarify the standards to be followed to achieve the noise attenuation levels required
where those conditions are applied.
At the time the Noise Attenuation Construction Ordinance was approved, the City
Council concluded that it was not necessary to apply substantial new sound
attenuation requirements to existing construction in areas of the City that were not
previously required to meet them. While the City will provide best practices
information to anyone interested in improving the sound attenuation ability of their
home generally or at the time of remodeling, it was concluded that additional
standards would not be required of existing properties in those areas.
Staff has discussed the application of this policy in light of the 2030 Contours that
are included in the MSP LTCP. From a Comprehensive Plan standpoint, the City
may not use a contour in its Plan that has not been adopted by the Metropolitan
Council. Therefore, any discussion of the policies that relate to the contours are
preliminary and speculative. We would not recommend revisiting the policies
unless and until the Met Council makes a determination.
By way of preliminary review, however, as can be seen in Figure 5-4 of the Plan,
the 2030 Contours do not change dramatically in size or shape in the northern part
of Eagan as compared to the 2008 Contours. On the other hand, the Contours
associated with Runway 17/35 expand in length and width over the western part of
the City. When the one-mile buffer zone is overlaid on the 2030 Contour, it extends
over the west City boundary into Burnsville, over the City’s southern boundary into
Apple Valley near Cedar Avenue and east to a line roughly paralleling Blackhawk
Road.
This area is dominated by existing residential development and, while it is a larger
area than had been covered by the contour and buffer zone in the past, it would be
reasonable to continue to provide advisory information to property owners
interested in noise attenuation strategies, but not consider modifications of policy
until the Metropolitan Council acts on the Contours.
As a consequence, it would be advisable to ask the ARC to consider including a
comment in its recommendation along the lines of:
The City of Eagan has adopted land use policies through its
Comprehensive Guide Plan and construction regulations through its
zoning code to minimize the introduction of substantial new areas of
noise sensitive uses within the 2008 Policy Contours and to require
sound attenuation construction practices where appropriate. The City
cannot implement modifications of the Policy Contours unless and
until the Metropolitan Council takes action in that regard. The City will
monitor the Met Council review of the MSP LTCP and revisit these
topics as may be necessary once that review has been completed.
If you have any questions regarding our discussions or this memo, please let me
know.