#13 - Stillwater School District Comp Plan Amendment & Rezoning

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4 MN SHOOTING RANGE PROTECTION ACT: In May 2005, Minnesota Governor Tim Pawlenty signed into law the Shooting Range Protection Act. It became effective on May 28, 2005, becoming Minnesota Statutes, Chapter 87A. This Statute protects existing shooting ranges from becoming noncompliant as a result of adjacent development. State law establishes a 750 foot buffer from the shooting range property boundary. In that area, the law prevents the establishment of any land use which would cause the shooting range to become nonconforming with the performance standards for shooting ranges which were adopted by reference in state statute. The elementary school is proposed on a parcel abutting a portion of the Oakdale Gun Club. City staff explored this issue when the application was initially discussed and reviewed the performance standards for shooting ranges in person at the MN DNR’s Central Office. Based on what information is currently available, by allowing a school in this location, there would not be a compliance issue with the Oakdale Gun Club’s conditional use permit, City Code, or with Minnesota Statutes Chapter 87A. Furthermore, the statutes says that a new development or construction of a structure that is within 750 feet of the property line of the gun club, it may be approved by the City if the City agrees to require the School District to provide any mitigation required to keep the range within compliance with the statute. The City’s role in this project is to ensure that the School District will not cause the Oakdale Gun Club to be nonconforming with existing approvals or local and state requirements. The City must also review plans for conformance with general statutory noise limits along with other more typical state, county, and local development standards. Currently, there is no request to develop the site as the School District is currently only seeking to revise land use guidance. Detailed site development plans are not yet available for review. The School District will be required to hire an acoustic consultant to provide documentation of whether any mitigation is required at the time of a development proposal for this site. That documentation must provide information about whether additional sound mitigation is required. Any mitigation that might be required to meet state standards should be anticipated at the School District’s expense. FISCAL IMPACT: Approval of the Applicant’s requests has no fiscal impact to the City at this time. Subdivision entitlement review will be required along with a Development Agreement which will detail public improvements and address fiscal impacts. If the MUSA amendment is approved, the property will have urban services and will require associated development fees. STAFF RECOMMENDED FINDINGS AND CONDITIONS: Staff suggested to the Planning Commission that the requested comprehensive plan and zoning map amendments be recommended for approval. This was on the basis that the proposed amendments appear compatible with existing development patterns, goals established by the comprehensive plan, and intent of the Public Facilities district. The City will ultimately have the ability to review a development plan for conformance with relevant performance standards. Staff proposed the following findings and conditions to the City’s Planning Commission: