WSMU_MRSV_Hearing Agenda_19970910

AGENDA
EMC WATER QUALITY COMMITTEE MEETING
September 10, 1997
Ground Floor Hearing Room
11:00 AM
Opening Comments Chairman Peterson
1. Residential Fertilizer Education Program - (Information Item) (Anne
Taylor)
Executives of ten major home lawn fertilizer manufacturers and residential lawn care
organizations from six states met recently with Senator Fountain Odom and agreed
to develop a collaborative North Carolina environmental education campaign to
promote public awareness of natural systems and the importance of proper use of
lawn fertilizer. Anne Taylor,Director of the Office of Environmental Education,
will provide information on the program.
2. Update on the Status of the Wetlands Restoration Program
(Information Item) (Ron Ferrell)
Temporary rules to establish the Wetlands Restoration Fund were approved by the
EMC in April, 1997. Staff has prepared permanent rules for the entire program
which are presently being reviewed by the Department. The Water Quality
Committee and the EMC will be asked in October to authorize staff to proceed to
public hearings with the permanent rules. This request will require a waiver of the
"30 day rule" by the WQC. Staff has met with many groups and individuals since
April to discuss the development of the Basinwide Restoration Plans and other
aspects of the program. Staff has made considerable progress in negotiating a
Memorandum of Agreement with the U.S. Army Corps of Engineers and hopes to
have a finalized agreement after EMC action in October. A Request for Proposals
has been issued for the development of the Interim Basinwide Restoration Plans
which are required prior to the implementation of projects. The first two basins, the
Neuse and the Yadkin-PeeDee are scheduled to be completed by the end of 1997.
The remainder of the plans will be completed by May, 1998.
3. Request Approval of 22 Local Government Water Supply
Watershed Protection Ordinances in Compliance with NCGS 143-
214.5 (Action Item) (Brent McDonald)
1-; cal governments have submitted ordinances and maps that meet or exceed
the statewide water supply watershed protection standards. As stated under NCGS
143-214.5, the WQC must approve these local ordinances and maps.
4. Request from the Town of Mooresville for Review and Approval of a
Major Variance as Required Under the Water Supply Watershed
Protection Rules for a Site Within the Lake Norman WS-IV
watershed. (Action Item) (Brent McDonald)
The Town of Mooresville requests that the WQC review and recommend favorably
to the EMC an approval of a major variance for a car dealership located within the
Lake Norman WS-IV watershed. DWQ staff recommends denial of this request.
Please see the supplemental information submitted with this agenda item.

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AGENDA ITEM#4
REQUEST FROM THE TOWN OF MOORESVILLE FOR REVIEW
AND APPROVAL OF A MAJOR VARIANCE,AS REQUIRED UNDER
THE WATER SUPPLY WATERSHED PROTECTION RULES,FOR
A SITE WITHIN THE LAKE NORMAN WS-IV WATERSHED
On May 16, 1997,the Town of Mooresville applied for a major variance as prescribed under the
Water Supply Watershed Protection Rules [15A NCAC 2B .0104(r)]. The Water Supply Watershed
Protection Rules require Environmental Management Commission(EMC)review and approval for all
major variances defined as "...a variance from the minimum statewide watershed protection rules that
results in the relaxation by a factor greater than five percent of any buffer,density or built-upon
requirement under the high density option..." [15A NCAC 2B.0202(36)]. The Town is requesting
permission to grant the applicant a reduction,by 50 percent,of the buffer requirement on a high density
development site.
BACKGROUND
The proposed development,which is the subject of the variance request,consists of
approximately nine acres which would be developed with a new auto sales and service lot for a Ford
dealership. The site is located on NC Highway 150 in Mooresville within the Lake Norman WS-IV
watershed protected area in the Catawba River Basin. Under the Water Supply Watershed Protection
Rules,development within WS-IV Protected Areas may contain up to 70 percent impervious surface
area with the use of engineered stormwater controls. The Rules also require a 100 foot vegetated buffer
along perennial streams for all non-residential development which exceeds 24 percent impervious
surface area.
The subject site is triangular in shape,bordered on one side by Highway 150 and on the
remaining two sides by perennial streams (see attached site illustration). The applicant claims that
Ford franchise requirements recommend a minimum five to six acres of impervious surface for the
intended use. If the applicant were to use the 100 foot buffer as required under the Water Supply
Watershed Protection Rules along both perennial streams,3.8 acres or 42 percent of the site would be
covered by impervious surfaces. The applicant is requesting a variance of the buffer requirement by 50
percent(50 feet along each stream). If the reduction is approved, the applicant could develop 5.8 acres
or 64 percent of the site with impervious surfaces.
On April 7, 1997,the Mooresville Board of Commissioners unanimously approved the major
variance request based on the following findings of fact (see attached):
1. The applicant's property is unique and the applicant proposes to mitigate the effects of
stormwater runoff using the following means:
a) The applicant is proposing to detain all runoff from the impervious areas on the site.
b) The only water which would fall in the buffer is natural rainfall.
c) The applicant proposes to design the stormwater detention pond at 1.3 times the
required storage.
2. The variance request is in harmony with the general purpose and intent of the ordinance and
preserves it's spirit.

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ANALYSIS
The Water Supply Watershed Protection Rules under 15A NCAC 2B .0104 require local
watershed review boards to make the following findings of fact. In granting variances, local boards and
the EMC must find that all these standards are met.
1. There are practical difficulties or unnecessary hardships that prevent compliance with
the strict letter of the ordinance;
2. the variance is in harmony with the general purpose and intent of the local watershed
protection ordinance and preserves its spirit;and
3. in granting the variance, the public safety and welfare have been assured and
substantial justice has been done.
The Town concluded and Division of Water Quality staff agrees that the property has a unique
shape and is somewhat constrained due to the presence of the perennial streams on two sides. However,
review of the record submitted does not indicate that the applicant could not comply with the strict
letter of the ordinance. The applicant's written justification (see attached) states that the Ford Motor
Company merely"recommends",not requires,a minimum five acres of impervious surface area for a
Ford franchise. There is no evidence that the development could not be located on the site using 3.8
acres of impervious surface and providing the required 100 foot buffers along the perennial streams.
Furthermore, even if denied this request, the applicant could place any other reasonable use on the
land.
Staff does not concur with the Town in their assessment that the request is in harmony with the
general purpose and intent of the ordinance and that its spirit is preserved. Under zoning law,
variances may only be granted to allow the minimum deviation necessary from ordinance requirements.
This variance request is excessive. According to the applicant's own justification, the minimum Ford
franchise recommendation is five acres of impervious surface,not the requested 5.8 acres. Under no
circumstances does this request attempt to preserve the spirit or intent of the perennial stream buffer
requirements.
Finally, the Town made no finding of fact showing that public safety and welfare have been
assured and substantial justice done. The applicant has offered to mitigate some of the potential
impacts of the increased impervious surface area on the site by oversizing the stormwater pond.
However, the proposed development and additional impervious surface area would significantly
reduce the vegetation and interrupt the natural drainage pattern of the site. The lack of substantial
proof of a hardship, other than an economic one to the property owner, increases the potential of this
variance setting a precedent - the cumulative result of which could cause substantial harm to the water
quality in Lake Norman.
RECOMMENDATION
Staff recommends denial of the major variance request submitted because the applicant failed
to conclusively prove that the buffer requirements of the Water Supply Watershed Protection Rules
burden this site such that no reasonable use could occur. In addition,the Town did not make all the
required findings of fact.
As stated above, staff agrees that the site is unique in its shape and composition;however, it is
not evident that the hardship is caused by the site itself. Staff would not be opposed to the Town
granting a minor variance which would provide some relief to the applicant. (Minor variance requests
are not reviewed and approved by the EMC.)