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3 <br /> <br />Chapter 87A. This Statute protects existing shooting ranges from becoming noncompliant as a result of <br />adjacent development. State law establishes a 750 foot buffer from the shooting range property <br />boundary. In that area, the law prevents the establishment of any land use which would cause the <br />shooting range to become nonconforming with the performance standards for shooting ranges which <br />were adopted by reference in state statute. <br /> <br />The elementary school is proposed on a parcel abutting a portion of the Oakdale Gun Club. When the <br />application was initially discussed, City staff explored this issue and reviewed the performance <br />standards for shooting ranges in person at the MN DNR’s Central Office. Staff’s initial finding was that <br />the only performance standard requiring further review was statutory noise limits created by State <br />Statute 87A.05 Noise Standards. <br /> <br />The Stillwater Area School District was required to submit a noise study which tested the noise levels <br />generated by the Oakdale Gun Club to determine whether the establishment of any new uses on site <br />would be over the allowable levels in statute. The noise study, completed by Veneklasen Associates, <br />measured noise levels at four different locations in the 750’ buffer area. Measurements were taken <br />during the week after the 4th of July, when the Oakdale Gun Club is open to the general public and <br />therefore it’s busiest time of year. The Study concludes that the noise generated at all four testing <br />locations is below the maximum levels in state statue for a Public School, which has the most sensitive <br />Noise Area Classification (NAC) in statue. <br /> <br />Staff required the noise study be revised to include an assessment of sound levels at the testing locations <br />during the fall period with leaf-off conditions when higher caliber rifles are typically used more <br />frequently at the Oakdale Gun Club. The acoustic consultant has provided an updated memo containing <br />methodology and updated findings based on modeling and past attendance records shared by Oakland <br />Gun Club. The findings show that even with fall conditions, all testing points remain under the state <br />statutory noise threshold. <br /> <br />Tree Preservation. The subject property is heavily wooded with many densely planted qualifying <br />significant trees requiring protection under the City’s ordinance. A significant amount of the trees on <br />this parcel will need to be removed for the School District’s proposed improvements, with removals <br />mostly concentrated on the east half of the site. Tree removals are proposed in part due to a need for <br />mass grading to allow improvements such as stormwater management, drives, parking areas, ball and <br />recreational fields, and the school building. <br /> <br />The School District has proposed an exception to the City’s Tree Mitigation Standards under LEC <br />105.12.460 (f). The rationale is that the former property owner, who had owned the property for over <br />three decades, planted the majority of trees on site between 1990 and 2003. In the areas on site where <br />the previous owner planted trees, they were planted in a grid-like pattern similar to tree farms in terms of <br />species composition and planting proximity. <br /> <br />The City’s ordinance allows for exceptions to tree mitigation requirements if all the following conditions <br />exist: <br />A. It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as <br />required green space;