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HomeMy WebLinkAbout2023-12-26 Applicant Response to TPC Letter 1 ,1810-v- Sambatek Engineering I Surveying I Planning I Environmental December 26,2023 Scott D. Richards City Planning Consultant Oak Park Heights,MN SUBJECT: Take 5 Oil Change—Application Materials Review Letter Dear Mr. Richards, Please find comment responses below for the comments from the City of Oak Park Heights,received on December 20,2023 regarding the Take 5 Oil Change project.We have provided a response to each comment and are including a revised set of drawings that correspond with the revisions. 1. Please clarify the lot size of Block 1, Lot 1 Brackey Fifth Addition. Response:The lot size of Lot 1 is 0.53 acres,which can be found on the development summary on sheet C3.01. 2. The maximum width of a curb cut is allowed at 24 feet. The site plan should be revised. Response:The existing north curb cut has been revised to 24'as noted. 3. Provide stormwater calculations for the site. Response: Per the Engineer's Report Date August 4,2016 prepared by EOR,the previous stormwater design for the development has allotted 0.85 acres of impervious for this site.The project proposes 0.66 acres of impervious,under the allotted impervious area.The applicant is working with the Brown's Creek Watershed District to ensure the site is properly permitted. The engineer's report referenced has been included in the resubmittal. 4. Provide an elevation plan for the trash enclosure. Response:Trash enclosure elevations provided. 5. The maximum height of a light fixture from the ground level to the top of the fixture is 25 feet. Please clarify the total height of the proposed fixtures. The mounting heights for the proposed lighting fixtures can be found on the Luminaire Schedule on the photometric plan. Per code the light pole mounting height is designed to be 25'. Lvinore Schedule Syribol Qty Lobel Arrorgentnt Descryt.on N ontirr Mepht A S.gIe 14RS-LED-24L-5IL-F1-50-70021-1L-srNGLE 25' 1 I6 S:glt x1.4-LED-02L-SIL-rT-50-70CRI 10' 1 4 VI SInIe XVS-LED-02L-SIL-rT-50-70CRI-DIMMED 50% 10' 6. Provide a plan for enclosing all exterior mechanical equipment,if required. Response: No exterior mechanical equipment is proposed on site. 7. Reference and include the requirements of Section 1307 of the City Code related to landscaping. Clarify the plant schedule so that it matches the landscape plan. Response:There are no significant trees on site per section 1307.The 4 small spruce trees near the southeast corner of the site will be protected during construction,and one is proposed to be Take 5 Oak Park Heights December 26, 2023 Page 2 transplanted. The offsite significant trees are proposed to be protected. Notes to these affects and tree protection details have been added to the landscape plans. 8. Provide a building materials board for review by the Planning Commission and City Council. Response:A materials board is being prepared and will be provided to the City prior to the Planning Commission meeting on January 11tH memo E0/ (T)651.770.8448 / (F)651.770.2552 www.eorinc.com Date j August 4, 2016 12.1 214 20 To I BCWD Board of Managers and Karen Kill, Administrator CC I Driessen Group LLC (Applicant) and Michael Brandt(Authorized Agent) From I Camilla Correll, PE; Ryan Fleming, PE Regarding I Permit Application No. 16-08 Brackey 4th Addition Engineers Report The following review of the above mentioned project located within the legal jurisdiction of the Brown's Creek Watershed District (BCWD) was conducted to determine compliance with the BCWD rules for purposes of the engineer's recommendation to the Board of Managers for its determination of the permit application. Applicant: Driessen Group LLC Permit Submittal Date: June 17, 2016 Completeness Determination: July 8, 2016 Board Action Required By: September 6, 2016 Review based on BCWD Rules effective May 1, 2007 Recommendation: Approve with Conditions GENERAL COMMENTS The Oak Park Heights Retail Development (Brackey 4th Addition) is a commercial subdivision and development project at the intersection of 60th Street North and Krueger Lane in Oak Park Heights, MN. The site includes the majority of the Menards Pond which is a regional stormwater management facility but because it is within the proposed development site is analyzed in this report as an onsite facility. Menards Pond drains to Long Lake (an impaired waterbody) which is located 0.6 miles to the northwest of the site. The site is located within the area covered by the TSMP Cooperative Agreement. In accordance with the terms of the agreement, the City of Oak Park Heights has consented to the implementation of BCWD's 2007 rule updates—in particular,the stormwater volume-control standard in section 2.4.1(b)—to land within the geographic scope of the agreement. Still,the TSMP facility provides capacity for purposes of the proposed project for the 1.5 year event volume control standard of the BCWD Rules from 2000. In addition,the site is located in the Oak Park Heights Drinking Water Supply Management Area,making infiltration infeasible. Under proposed conditions, the subject property will be subdivided into three retail lots: two located on the north side of the property and one on the south side of the property. The three buildings will be constructed on the separate lots, and there will be a remaining undeveloped outlot in the NE corner of the site that may be developed into a retail site at a later date. (Presently temporary easement restrictions preclude development.) The stormwater management plan designed for the proposed project provides for management of drainage from the NE outlot with an assumption of 85% impervious coverage . Drainage from the site is designed to sheet flow from the parking lots to tree trenches and curb cuts which discharge to Menards Pond. Approximately 50% of the site's runoff is captured and treated by tree trenches and a pretreatment device(Stormceptor)prior to discharging into a filtration basin located on the east side of the project area. This filtration basin has been designed to manage stormwater runoff from Outlot A which is located directly to the north of the facility(as noted above). To protect the stormwater EOR is an Equal Opportunity Affirmative Action Employer Emmons&Olivier Resources, Inc. 651 Hale Avenue North Oakdale, Minnesota 55128 ,P. .170.2` management facilities during construction, the site will be constructed in two phases: this will facilitate keeping stormwater BMPs off-line while the contributing drainage area is constructed and stabilized. 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(T)651.770.8448 (F)651.770.255:2 www.eorinc.corn Rule 2.0—STORMWATER MANAGEMENT According to Rule 2.2 (b) the proposed project triggers the application of Rule 2.0 Stormwater Management because it is non-residential development creating impervious surface that,in the aggregate, exceeds either one acre of five percent of the site. Rate Control According to BCWD Rule 2.4.1, part (a), an applicant for a stormwater management permit must demonstrate to the District that the proposed land-altering activity will not increase peak stormwater flow from the site, as compared with the pre-settlement condition, for a 24-hour precipitation event with a return frequency of two, 10,or 100 years for all points where discharges leave the site. o Rule Requirements Met The Menards Pond was designed to provide rate control for the contributing drainage area assuming a developed curve number of 92, and information submitted by the applicant supports the conclusion that the pond continues to provide capacity consistent with the original design. Therefore, the stormwater plan for the proposed development must provide onsite control of the difference in rate between the pre- settlement condition (2007 Rules)and the pre-development condition (2000 Rules). Table 1 illustrates how the proposed stormwater management plan meets the District's rate control requirement: Table 1.Summary of Rate Control Analysis 24-Hour Rainfall Event Required rate reduction' Proposed Rate reduction(less than regional pond inflow design) 2-year 0.52 cfs 3 cfs 10 year 1.17 cfs 4.6 cfs 100 year 2.11 cfs 5.84 cfs Volume Control According to BCWD Rule 2.4.1, part (b), an applicant for a stormwater management permit must demonstrate to the District that the proposed land-altering activity will not increase stormwater flow volume from the site, as compared with the pre-settlement condition, for a 24-hour precipitation event with a return frequency of two years, or five years within a landlocked basin or a subwatershed draining to a landlocked basin. o Rule Requirements Met The TSMP Cooperative Agreement provided that land-disturbing projects within the geographic area to which the agreement applies would be deemed to comply with the volume-control requirement in 2.4.1(b) of the 2000 BCWD rule by operation of the TSMP facility, and precluded application of the higher 2007 volume standard to work within the geographic scope of the agreement unless the city agreed. Oak Park Heights has concurred with the application of the 2007 volume standard within the portion of the TSMP geographic scope within the city. The 2007 Rules implement a higher volume-control standard than the Difference between the pre-development rate(met by the TSMP facility)and presettlement rate(applicable now,per paragraph 2.4.1a). 5 Emmons&Olivier Resources, Inc. 651 Hale Avenue North Oakdale,Minnesota 55128 memo cora (T)651 770.8448 (F)651.7702552 www.eorinc.corn 2000 rules (i.e., require more volume control); because the TSMP continues to provide volume control to the 2000 standard, the project must provide volume control to meet the difference in the two standards. The required infiltration volume is the difference between the 1.5 year 24-hour rainfall event volume from the pre-development site conditions with 5% impervious surface and the 2-year 24-hour runoff volume from the pre-settlement site conditions. For this site, the required infiltration volume is 2,090 cubic feet. Because the site is located in the Oak Park Heights Drinking Water Supply Management Area, stormwater infiltration to meet the District's volume control standard is not feasible. The stormwater- treatment system for the site has been designed to maximize evapotranspiration (ET) by locating tree trenches along portions of the perimeter and in parking-lot islands. These tree trenches have been designed with curb cuts to allow stormwater runoff to enter the BMP, depressional storage to hold the water, an engineered soil to provide conditions amenable for plant establishment and draintile to limit the infiltration of stormwater in the Drinking Water Supply Management Area. ET calculations were performed using guidance provided by the Minnesota Pollution Control Agency. One of the assumptions in determining the ET from the vegetation being proposed on the site is that the perennials are 100% mature and the trees are 40%mature. This provides a conservative estimate by calculating the ET at a fraction of full maturity. While the evapotranspiration (ET) calculations demonstrate that the tree trenches provide approximately 2,000 cubic feet of ET every three days, all of the vegetation used to generate these results is not located in tree trenches (areas with depressional storage and amended soils). However, the amount of depressional storage provided by the tree trenches equates to 2,800 cubic feet and the filtration basin provides an additional 14,000 cubic feet of storage, allowing for storage of the remainder of the required volume until it can be taken up by the trees and plant material. Pollutant Loading According to BCWD Rule 2.4.1, part (c), an applicant for a stormwater management permit must demonstrate to the District that the proposed land-altering activity will not at the down gradient property boundary,increase annual phosphorus loading as compared with the pre-development condition. o Rule Requirements Met The Menards Pond was designed to meet and continues to provide treatment meeting the water-quality standard in the District's 2000 Rules. The 2007 Rules implemented a change in the water quality standards; therefore the project must provide water quality treatment to meet the difference between the two standards. The requirement under the 2007 Rule is to provide no increase in phosphorous load at the downgradient property boundary requirement; i.e., 84% removal efficiency. For this site, the post-development untreated load to Menards Pond is 6.8 lb/yr, resulting that the site would have to provide 5.7 lb/yr of water quality treatment to meet the 2007 Rules. The Menards Pond was shown in the Long Lake Management Study to provide 36% phosphorous removal; equating to removal of 2.4 lbs/yr of to meet the 2000 Water Quality Rule. 6 Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale, Minnesota 55128 merr€c, ,,ont. ---(1)651.770.8446 (F)651.770.2552 www.eorinc.com The difference equals 3.3 lb/yr removal required for the water-quality requirement for this site. The load removal from the proposed onsite filtration practice is 3.7 lb/yr, providing slightly more treatment than required to meet the standard. Lake/Wetland Bounce According to BCWD Rule 2.4.1, part (d), an applicant for a stormwater management permit must demonstrate to the District that the proposed land-altering activity will not increase the bounce in water level or duration of inundation, for a 24-hour precipitation event with a return frequency of two, 10, or 100 years in the subwatershed in which the site is located,for any downstream lake or wetland beyond the limit specified in Appendix 2.3. o Rule Not Applicable to Permit Rule 3.0—EROSION CONTROL According to BCWD Rule 3.2, all persons undertaking any grading, filling, or other land disturbing activities which involve movement of more than fifty (50) cubic yards of earth or removal of vegetative cover on five thousand (5,000) square feet or more of land shall submit an erosion control plan to the District, and secure a permit from the District approving the erosion control plan. The proposed project triggers the application of Rule 3.0 Erosion Control because the proposed development activity will result in grading, construction of stormwater infrastructure, installation of utilities and an access road which in total will disturb 6.6 acres of an 8.9-acre site. o Rule Requirements Met with Conditions The Permit Applicant has submitted an erosion and sediment control plan that meets a majority of the District's requirements. To meet all of the District's requirements the following information needs to be incorporated in these plans: Conditions and Comments: 1) Add bioroll to tree trenches located in parking lot islands to protect them until curb and gutter installed. 2) Add a sock to the draintile in the tree trench detail and the filtration basin to prevent sandy soil and other material from migrating into and clogging the draintile. Rule 4.0—LAKE, STREAM, AND WETLAND BUFFER REQUIREMENTS Buffer zone widths are dictated by the presence of a stream or tributary of Brown's Creek and by the quality of lakes or wetlands on the development site. o Rule Not Applicable to Permit 7 Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128 rn Y i C o n f (7)651.770.6448 (F)651.770.2552 www.eorinc.com Rule 5.0—SHORELINE AND STREAMBANK ALTERATIONS According to BCWD rule 5.0,no person shall construct or install a shoreline or streambank improvement below the ordinary high water mark of a waterbody,without first obtaining a District permit. ❑ Rule Not Applicable to Permit Rule 6.0—WATERCOURSE AND BASIN CROSSINGS According to Rule 6.2, no person shall use the beds of any waterbody within the District for the placement of roads,highways and utilities without first securing a permit from the District. o Rule Not Applicable to Permit Rule 7.0—FLOODPLAIN AND DRAINAGE ALTERATIONS According to BCWD Rule 7.2,no person shall alter or fill land below the 100-year flood elevation of any waterbody, wetland, or stormwater management basin, or place fill in a landlocked basin, without first obtaining a permit from the District. No person shall alter stormwater flows at a property boundary by changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet, without first obtaining a permit from the District. The proposed project triggers the rule because the stormwater flows at the property boundary will be significantly altered, as explained in the general comments and analysis of compliance with BCWD Rule 2.0 above. The only Rule 7.0 criterion requiring additional analysis here is 7.3.2; residential buildings are proposed adjacent to stormwater management facilities that must be evaluated to ensure drainage alterations comply with the requirements defined in Rule 7.0. o Rule Requirements Met with Conditions According to paragraph 7.3.2 of the BCWD rules, all new residential, commercial, industrial, and institutional buildings shall be constructed such that the lowest basement floor elevations are at a minimum of two feet above the 100 year high water elevation or one foot above the emergency overflow. The high water level(HWL) during the 100 year rainfall event, EOF, and adjacent building elevation of Menards Pond and the Filtration Basin are provided in Table 2. As this table illustrates, the proposed structures located on the site meet the District's freeboard requirement, relative to the two relevant facilities on site. 8 Emmons&Olivier Resources, Inc. 651 Hale Avenue North Oakdale,Minnesota 55128 memo cont. (T)651.770.8448 (F)651.770.2552 www.eorirc:.com Table 2.Summary of Freeboard Requirements Stormwater 100 year HWL Emergency Overflow Basement Floor Elevation Management Facility [feet] [feet] [feet] I Menards Pond 925.18 928+ 928.50 Filtration Basin 924.90 927.10 928.50 Rule 8.0—FEES Fees for this project as outlined below: 1. Stormwater management fee $3,000 2. Erosion control fee for grading or alteration of 5.0— 19.9 acres $1,500 3. Floodplain and drainage alterations fee $500 • TOTAL FEES $5,000.00 Rule 9.0—SURETIES Sureties for this project are as outlined below: 1. Grading or Alteration(—S 8 acres) $15,700 2. Stormwater Management Facilities—(125%of facility cost) *$175,000 • TOTAL SURETIES($5,000 Minimum Performance Surety) $190,700 *No Stormwater Mgt Facilities surety is necessary if applicant can demonstrate that the municipality has received equal or greater performance surety amount from applicant. RECOMMENDED CONDITIONS OF THE PERMIT: The following is a summary of the remaining tasks necessary to bring the project into compliance with the BCWD Rules: 1. Provide the final construction plan set to the BCWD for review against the plan set dated07/27/16 and marked"ISSUED FOR PERMIT—NOT FOR CONSTRUCTION". 9 Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128 memo cont. (T)651.770.8448 (F)651.770.2552 www.eorinc.corn 2. Address all erosion control requirements as stated in report under Rule 3.0 Erosion Control, as follows: - Add bioroll to tree trenches located in parking lot islands to protect them until curb and gutter installed. - Add a sock to the draintile in the tree trench detail and the filtration basin to prevent sandy soil and other material from miratinz into and clogging the draintile. 3. Submit a revised BMP Maintenance Plan that includes activities related to the tree trenches and the vegetation being used to demonstrate compliance with the volume control requirements via evapotranspiration. 4. Provide a copy of National Pollutant Discharge Elimination System stormwater permit application for the project from the Minnesota Pollution Control Agency. (BCWD Rule 2.6.13) 5. Provide a stormwater facility maintenance declaration in a form acceptable to the District and, after approval, proof of recordation with Washington County. The maintenance declaration shall be recorded with the County after a draft is approved by the District (BCWD Rule 2.5.5 and 4.2.2, respectively). A template will be provided to the applicant. 6. Replenish the permit fee deposit(BCWD Rule 8.0 and Board Policy): a. Stormwater Management fee($3,000). b. Erosion Control fee($1,500). c. Shoreland or Streambank Alteration fee-NA d. Stream and Lake Crossings fee-NA e. Floodplain and Drainage Alteration fee($500) If the permit fee deposit is not replenished within 60 days of receiving notice that such deposit is due, the permit application or permit shall be deemed abandoned and all prior approvals shall be revoked and collection proceedings shall begin on unpaid balances. 7. Provide the following required sureties(BCWD Rule 9.0): a. Total grading or alteration surety($15,700). b. Stormwater management facilities surety or proof that the municipality has received a Performance Surety of equal or greater amount than 125% of the construction costs for the stormwater management facilities($175,000). STIPULATIONS OF APPROVAL: 1. Note that the permit, when issued, will require that the applicant notify the District in writing at least three business days prior to commencing land disturbance. (BCWD Rule 3.3.1) 2. Provide the District with As-built record drawings showing that the completed grading conforms to the grading plan. 10 Emmons&Olivier Resources,Inc. 651 Hale Avenue North Oakdale,Minnesota 55128