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HomeMy WebLinkAbout7B Impervious Surface Info 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 PLANNING REPORT PREPARED BY: PUBLIC HEARING: CASE FILE #: DATE: 6B DISCUSSION REGARDING POSSIBLE MITIGATION ALTERNATIVES FOR IMPERVIOUS SURFACES JEFF MATZKE, PLANNER _YES X NO-N/A 08-124 MAY 27,2008 AGENDA ITEM: SUBJECT: INTRODUCTION: As part of our Zoning Ordinance Update project City Staff has been directed by the City Council to review the current impervious surface requirements and research possible mitigation alternatives. The following information includes details regarding the current ordinance requirements, a memorandum from City Staff related to possible Best Management Practice alternatives for impervious surfaces, and comments from the recent Lake Advisory Committee discussion. ANALYSIS: Current Ordinance Requirements The current definition of impervious surface is as follows: Impervious Surface. The portion of the buildable parcel which has a covering which does not permit water to percolate into the natural soil. Impervious surface shall include, but not be limited to, all driveways and parking areas, whether paved or not, sidewalks greater than 3 feet in width, patios, tennis and basketball courts, swimming pools, covered decks and other structures. Decks open to the sky and having open joints of at least 1/4 inch, areas beneath overhangs less than 2 feet in width, and sidewalks 3 feet in width or less shall be exempted from the calculation of impervious surface. The impervious surface of a lot shall be documented by a certificate of survey unless exempted from this requirement by the Zoning Administrator. Section 1104.306 of the Shoreland Ordinance states the following: Impervious Surface Coverage: Impervious surface coverage for lots in all Use Districts shall not exceed 30% of the lot area, except as provided in the following sections. Such impervious surface coverage shall be documented by a certificate of survey at the time of any zoning or building permit application, according to the definitions of impervious surface as listed in subsection 1101.400. (1) An existing site which is being altered, remodeled, or expanded without expanding the existing impervious surface may be allowed, provided that where appropriate and where necessary, structures and practices for the treatment of storm water runoff are in compliance with the Prior Lake Storm Water Management Plan and approved by the City Engineer. 1:\08 files\08 subject\impervious surface discUWW&.'fflytH~t!~Hfake.com Phone 952.447.9800 / Fax 952.447.4245 (2) In all "C" and "I" Use Districts and for Park/Recreation uses, new construction on conforming lots or an existing site being altered, remodeled, or expanded which expands the existing impervious surface coverage may be allowed where necessary, provided the site conforms to the Prior Lake Storm Water Management Plan, Best Management Practices and is approved by the City Engineer, provided the impervious surface coverage does not exceed 75% of the total lot and provided the following stipulations are met: y All structures, additions or expansions shall meet setback and other requirements of this Ordinance. y The lot shall be served by municipal sewer and water. y Storm water is collected and treated in compliance with the City Storm Water Management Plan and Best Management Practices. Such treatment may be comprised of either on-site control, access to the City's storm water control system, or a combination of both, to be approved by the City Engineer. (3) Impervious surface coverage for all "C" and "I" Use Districts and for Park/Recreation uses may be allowed to exceed 75% of the total lot or exceed existing conditions on the lot which are over 75% provided the following stipulations are met: y A conditional use permit is submitted and approved as provided for in subsection 1108.200. y Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in compliance with the City Storm Water Management Plan in place for the collection and treatment of storm water runoff or will be constructed in conjunction with a conditional use permit application. y All the conditions in subsection 1104.306(2) above are satisfactorily met. (4) Measures for the treatment of stormwater runoff and/or prevention of stormwater from directly entering public water include such appurtenances as sediment basins (debris basins, desilting basins, or silt traps), installation of debris guards and microsilt basins on storm sewer inlets, oil skimming devices, etc. Alternative Best ManaQement Practices (BMPs) The attached memorandum from the City's Water Resource Engineer details the current statutory limits for impervious surface, as well as an engineering background and technical explain of various Best Management Practice methods to handle stormwater. Details regarding possible procedures for monitoring and managing these installed methods are also included at the end of the memorandum. lake Advisory Committee Discussion The Lake Advisory Committee discussed these mitigation alternatives at their May 21,2008 meeting. The following are comments from their discussion: . With high prices of lakeshore properties it would be nice to offer alternative methods for the small lots that need a greater 1:\08 files\08 subject\impervious surface discussions\pc report.doc 2 amount of impervious surface to gain the high value of the property. . In regards to a possible escrow or letter of credit to be held by the City on properties with a mitigation system, this could place a burden on a residential property owner. The mitigation systems will already incur a large cost for its installation and maintenance. . A method of reviewing/regulating maintenance schedules of the mitigation systems would need to be very clear and objective so that current and any future residents of a property and the City Staff are well aware of the requirements. . Startup and implementation of managing and monitoring methods of the mitigation systems could be a serious undertaking for the City both financially and practically. . Since our ordinance already allows for a 5% more impervious surface than the DNR regulation of 25% and our water quality has not really improved over the last few years, the DNR may not be very receptive to additional impervious surface allowances. . Impervious surface is not only looked at from a stormwater perspective (which the mitigation BMPs may address) but also its impact on aesthetic values and natural wildlife in our lake community. It is difficult for these other factors to be addressed by specific mitigation regulations because they are more arbitrary than stormwater quality and runoff statistics. CONCLUSION After reviewing the provided information, City Staff will be addressing the Planning Commission for discussion, questions, and comments regarding the possibility of using alternative mitigation techniques for impervious surface credits. These comments will be presented to the City Council at their review of any possible ordinance changes. ACTIONS REQUIRED: No Formal Action is required. ATTACHMENTS: 1. Memorandum from the Water Resource Engineer 1:\08 files\08 subject\impervious surface discussions\pc report.doc 3 Engineering Department City of Prior lake 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372 MEMORANDUM TO: Danette Walthers-Moore, Community Development and Natural Resources Director FROM: Ross Bintner, Water Resources Engineer. DATE: April 18, 2008 RE: BMP Credits for Impervious Surface Requirement. In a recent meeting with a DNR hydrologist, the possibility was floated of allowing a higher cap in the impervious limit if equivalent structural practices were put in place. Currently the City of Prior Lake enforces a maximum impervious surface limit of 30% on residential lots within 1000' of a lake. The purpose of this memorandum is threefold: I. Statutory background - Explain state planning process and statutory limit. 2. Engineering background - Explain thought process behind requiring impervious limit. 3. Technical exploration - Look into possibil\ty of allowing credit mechanism. Statutory Back2round The concept of a 1000 foot "shoreland zone" and its impervious cover limitation are a product of State Rules and Statute. Minnesota rule 6120.330 Subp II part B sets a limit of 25% maximum impervious on shoreland zone lots. The State planning processes that lead to this rule creation was complete in 1989. The impervious limit was one of many mechanisms put into place as a part of statewide rules to mitigate urbanization's detrimental affect on water quality. The impervious limit was also enacted to provide enhanced wildlife habitat and a natural visual appearance though increased tree canopy and vegetative cover, however these reasons will not be explored in this memorandum. EUI!ineerin2 Back2round The urbanization of a watershed leads to increased impervious surfaces. A more impervious watershed causes more direct nutrient transfer, higher peak runoff rates and larger runoff volumes. This increased pollutant load and connectivity of the watershed is difficult to manage in the shoreland zone, due to the proximity of the lake. As impervious surfaces increase, groundwater recharge, evaporation and transpiration decrease and runoff increases. The use of Best Management Practices (BMPs) is common in water resource management, as engineers attempt to design a sustainable series of treatment devices and practices that route and treat stormwater to mimic the G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc 0% ImpvvloLU 10-20% Im~rvious .,.I '- "2'~ I .. 50%1 ..., 35.50% Impervious ]5t,(o. [ W"1l1 R . 35'%1 l5~ I hydrology of an area before development. A practical example of this practice: A forested area along the Lake is planned to be developed as housing. In the existing condition only 10 percent of rainfall will run off the site. In the proposed condition 30 percent of rainfall will run off the site. Since housing and roads generate additional runoff, water quality and rate control ponds are planned with the development to slow the additional water runoff and settle out sediments and debris generated by the increased impervious surfaces. All BMPs require monitoring and maintenance to continue functioning and providing a consistent level of service. While all BMPs provide public and private benefit, to prevent public degradation of water, not all are publicly maintained. 1i\",StIW.l~' 1\t'illl'Stor..~...' t:1f1f'1""...IIt~Utt'dln\ll~ . ~ ..,/1_____ o.llrl ~~P.- ~1 11- #~, .,.tI.s.." r,..... \UO,...., 1I'!:hW..lrrh.,..1 ~'f~ m.d \\.".., LIf'\'~ :::r~ ,I' ,\,...I,I,...llrpr h tlO'MilUnuIllI SfleJ:irtU."'( S(t1tnSl' \fO.lI)(t I\Jod roOl! "ut . n("lI(h~I"'~'~ I"oll)ult. ~lu".hufl'llIt'fJ.t"RI \'-'~'.~I' kHI . ~(;nllltl/,',lkl """'("(\\""11 t 11f"..Hlr, ;l1I,j ill "II,'I~ 10 11f"I"1I1 ..lwtrl (lrntlllllg"rnu"... ~,."f"' h-.... '\\ \fJ' I 'l',w.udhC \...._- ---...- hl,~_oI~.,t_I......II, It...,....."'., .k.. SEH The above diagram shows a pond cut-section with normal, 100-year and sediment volumes pictured. Water quality ponds are generally development-scale BMPs, In the technical section of the memorandum, private home-scale BMPs will be explored. Technical Exploration This section will explore the possibility of providing a credit system that would allow a homeowner to exceed the 30% limit by providing structural BMPs, First; potential structural BMPs will be detailed, highlighting benefits, intended use, maintenance liability, and, monitoring and inspection protocol.. Next; water quality issues will be explored to detail a potential credit system. Finally; a monitoring and maintenance system will be theorized and issues detailed. Potential BMPs Type: Infiltration Trenches . Description: A trench dug with jilter fabric placed around the excavation enclosing an open graded aggregate that provides space to store water. A observation well is provided to monitor system function. · Purpose: To provide suiface water flow a place to collect and a path to disburse to the groundwater. · Benefit: Moderate benefit to volume control and groundwater recharge. Small benefits for water quality and rate control exist as well. · Suitability: This BM P is not suitable for p,.,....: SChlNtH ,N7 tight soils such as clay and may be a risk to groundwater quality in sandy soils or wellhead protection areas. . Maintenance: Sediment frequently clogs the suiface layer and over the long term clogs the storage throughout the system. Raking and replacement of suiface to maintain flow is required ANNUALLY. Monitoring is required QUARTERLY. . Design life: A infiltration trench system can be expected to last 3 to 7 years. G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc Type: Underground Storage / Rainwater Cistern . Description: A storage chamber made of Plastic or Corrugated Metal provides a place to temporarily store water. . Purpose: Water is directed from roofs or driveways and is stored under lawn or pavement until it is neededfor irrigation. . Benefit: Substantial benefit for volume control. Moderately benefit for groundwater recharge, and rate control. Small benefit to water quality. . Suitability: This BM P is suitable for many applications. . Maintenance: Tanks must be inspected for sediment QUARTERLY. Sediment must be cleaned from tanks BIYEARLY. Pump must be maintained on an as needed basis. . Design life: With regular cleaning and pump replacement a system can be expected to last 45 years. Type: Pervious Pavements . Description: A permeable pavement slllj'ace that allows rainwater to soak into the ground. Previous slllj'aces such as the one pictured to the left can also be planted with vegetation. . Purpose: To promote groundwater recharge while providing a stable pavement slllj'ace for light vehicle traffic and parking . Benefit: Moderate benefit to groundwater recharge and volume control. Some benefit to rate control and water quality. . Suitability: This BM P is not suitable for tight soils such as clay, or may require additional under drains in such situations. . Maintenance: Pores need cleaning in situations where sedimentation can occur. ANNUAL sweeping and reseeding is required. Freeze thaw cycle can cause heaving and damage if drainage is not functioning. Shoveling and plowing may cause damage. . Design life: A pervious pavement system can be expected to last 25 years. Type: Green Roofs . Description: A roof with special reinforcement and planting media that allows plant growth on top of homes, garages, or sheds. . Purpose: Provide a unique architectural aesthetic that also provides benefit to water quality. G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc . Benefit: Substantial Benefit to water quality and volume control. Moderate benefit to rate control. Added benefit of habitat and reduced heat. · Suitabil ity: This BM P is suitable to a wide variety of situations but can be very cost prohibitive. . Maintenance: Frequent maintenance is required to establish vegetation. Weeding and replanting can be a challenge at heights and slopes. . Design life: A green roof can be expected to last 15 years. Type: Raingardens . Description: A shallow depression planted with flowering perennial plants and native grasses. · Purpose: Raingardens collect water from nearby impervious slllj'aces and allow it to infiltrate. Rain gardens use the deep rooted plants to provide a path for groundwater recharge. . Benefit: Substantial benefit to volume control and groundwater recharge. Moderate benefit to water quality and rate control. · Suitability: Rain gardens are suitable for a wide variety of situations but may not work well on tight soils such as clay, or in excessive sediment conditions or groundwater sensitive areas. . Maintenance: Vegetation management is required MONTHLY. Sediment cleaning is required ANNUALLY. Tilling and replanting is required BIANNUALLY. · Design life: A properly maintained rain garden can be expected to last 20+ years before major soil amendments are needed. [--.: . ~ 'If ~..p. . -" ~~.~ Type: Buffer Zones . Description: A near shore zone planted with deep rooted native vegetation. . Purpose: Buffer zones stabilize the shoreline and near shore area soil by providing a thick cover of native vegetation and root growth both upland and in the water. . Benefit: Substantial benefits to water quality and shoreline stabilization exist. Small benefits for volume and rate control also present. . Suitability: Buffers are suitable for all shorelines. Heavy tree canopy can reduce ground plants thickness and limit species, but tree roots serve the same purpose for soil retention. . Maintenance: Establishing a buffer zone can take MONTHLY maintenance in the first 5 years. After vegetation is established, minimal maintenance is required. · Design life: A diverse plant community is self repairing and can be expected to last indefinitely. Protection is required from encroachment. Some vegetation management may be desired to promote wiklflower growth. G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc Type: Boulevard Trees . Description: Trees planted near impervious surfaces with canopy overlapping planned. . Purpose: Boulevard Trees intercept rainwater that would otherwise fall onto impervious surfaces. This concept of "canopy intercept and evaporation" can have a applicable effect on total runoff in small storms. . Benefit: Some volume control benefit exists. . Suitability: This is a natllral process and can be taken advantage of in all near-pavement tree plantings. . Maintenance: This practice depends on the size and health of the tree. Proper tree care is required. . Design life: Variable based on number of trees. tree age and health. SHADE TIlIiES ORNAMENTAL TIlIiES 40' IS' J1MT7uaHT In this first portion of the technical exploration, the following potential BMPs were detailed: Infiltration trenches, underground storage / rainwater cistern, pervious pavements, green roofs, raingardens, buffer zones, and boulevard trees. In the next section the BMPs will be compared with the potential trade off of increased site impervious balance water quality issues. Potential Credit System If a credit system were allowed, a homeowner would be able to apply for a permit to build roofs, driveways, sheds, patios and other impervious surfaces that would amount to greater than the current 30% impervious limit. In exchange for this increased impervious the homeowner would agree to design, construct, monitor and maintain a series of BMPs that would provide equivalent or greater public benefit to water quality. (Aesthetic and habitat public benefits would be lost, or mitigated through another, unexplored method) To craft a credit system and figure out what methods would be required to mitigate the affects of a hypothetical impervious addition on a small scale basis, first we must look at what is lost by adding more impervious. RELATlOtIALlRHlDS OF FRESH WATER FISH AOIVITYTO TURBIDITY VALUES AND TIME The addition of impervious causes the following: . Increased runoff volumes. . Increased runoff rates. . Increased pollutant loads. o Phosphorus (organic matter) o Turbidity (suspended sediment) o Heavy metals (pavement and roof) o Salts and household chemicals o Hydrocarbons (cars) . Decreased soil stability. . Decreased Groundwater Recharge. These five items each could be mitigated for using a series of BMPs such as those described above. To steam line the planning design and approval process a fixed credit system with strict design standards could be created, G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc , I v; = I-- 3- ~ = c:; = = I-- I , HOURS I',!;YS WEEKS .. norn HS TIME This fixed credit system would call out how-much and which methods could be used mitigate increased impervious. The following is a concept: POTENTIAL CREDIT SYSTEM Per 1000 SF Requirement Infiltration Cistern Pervious Green roof Raingarden Buffer Trees Pavement Volume 104C ICICF ICICF 0.5C I SF 0.5C I SF ICICF N/A IC/ea Rate 1000C (credits) 10C I CF 10C I CF 5C I SF 2C I SF 20C I CF 0.05C/SF N/A Pollutant IOOOC (credits) 5C I CF 3C I CF 2C I SF 2C I SF I OC I CF 0.6C/SF 10C/ea Soil Stabilize Shore N/A N/A N/A N/A N/A IC/SF 15C/ea and Runoff path I: I wi IOcrease ( 1000C) Groundwater 42C 0.5C I CF 0.5CICF .25C/SF N/A 1.5C I CF N/A N/A In this concept, a hypothetical 1000SF impervious surface would need to meet the 5 requirements (volume, rate, pollutant, soil, and groundwater) by mixing the 7 BMPs credit systems; an example. I OOOSF of new impervious would require the following per storm: . 104 Cubic Feet of volume control . 1000 Credits of rate control . 1000 Credits of Pollutant removal . 1000 Credits of Soil Stabilization . 42 Credits of groundwater recharge Here is an example of a mix of BMPs installed to meet the credit requirements. (In this example, all BMPs are used, but this is not required) . Green roof on 80SF shed . 10CF rain barrels/cistern . 30CF Infiltration trench . 30SF Pervious path . 5 Boulevard/Driveway Trees . 12CF Raingarden Requirement Infiltration Cistern Pervious Green Raingarden Buffer Trees Total (C=credits) Pavement roof DESIGN 30CF 10CF 30SF 80SF 12CF 925SF 5 Volume 104C 30C 10C 15C 40C 12C 5C 112C Rate 1000C 300C IOOC 150C 160C 240C 50C 1000C Pollutant 1000C 150C 30C 60C 160C 120C 555C 50C 1125C Soil 1000C 925C 75C 1000C Groundwater 42C 15C 5C 7.5C 18C 45.5C G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc Sustainable Monitoring and Maintenance Protocols Because benefits provided by the homeowner-installed and maintained BMPs would need to be sustainable indefinitely, there would need to a program to ensure that monitoring and maintenance was taking place a regular intervals. The following will detail a recommended protocol for successful implementation and monitoring of BMPs: The recommended protocol has 3 parts: Homeowner agreements, Design review and construction verification, and Program manager duties, I. Homeowner Agreements: A legally enforceable tool will be required such that the City can compel current and future owners of BMPs to maintain all BMPs to an agreed upon level of service. The agreement must be easily enforceable allowing the City to enter onto private property and must be a part of the property Deed so that future buyers are bound to the requirements as well. 2. Design Review and Construction Verification: The design and construction must be approved and witnessed by City Staff to ensure proper methods are used and BMPs will function as planned. The agreement will need to spell out liability issues, such that a failed BMP that causes damage to property or financial hardship does not expose the City to liability since Staff will review and approve design and construction. 3. Program Manager: To maintain the promised level of service, City Staff must regularly inspect and test BMP function. A program manager will be needed to coordinate program documentation, record keeping, notification correspondence, and other duties. The startup costs of creating a sustainable monitoring and maintenance protocol would be significant, due to the technical and legal nature of the agreement and BMPs. This protocol only puts a basic outline to the program and more thought it needed if a credit system is offered. G:\Water Resources\080418 BMP Shoreland Impervious Memo.doc