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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.