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HomeMy WebLinkAbout20140822 Ver 1_WQC or EMC Recommendation_20140312WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder Governor Director Request for Major Variance from the Randleman Lake Riparian Area Protection Rules Blue Diamond Investment Company, LLC 1349 -C South Park Drive Kernersville, NC March 12, 2014 John E. Skvarla, III Secretary Blue Diamond Investment Company, LLC has requested the Water Quality Committee (WQC) grant a Major Variance from the Randleman Riparian Area Protection Rules (15A NCAC 0213 .0250) diffuse flow requirements for a Medical Business Park (MBP) project in the undeveloped condition located at the intersection of Kernersville Medical Parkway and Macy Grove Road, Kernersville, NC. The proposed facility will impact six hundred (600) square feet of Zone 1 and four hundred (400) square feet of Zone 2 of the protected buffer. Accordingly, pursuant to 15A NCAC 02B.0250(12), the local government makes the preliminary finding that the major variance request demonstrates the following: • Practical difficulties or unnecessary hardships are present; • The harmony and spirit of buffer protection requirements are met; and • The protection of water quality and substantial justice has been achieved. 15A NCAC 0213 .0250 (12)(a)(i) states the following: "For any variance request, the local government shall make a finding of fact as to whether there are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements. A finding of practical difficulties or unnecessary hardships shall require that the following conditions are met: A. If the applicant complies with the provisions of this Rule, he /she can secure no reasonable return from, nor make reasonable use of, his /her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the local government shall consider whether the variance is the minimum possible deviation from the terms of this Rule that shall make reasonable use of the property possible, B. The hardship results from application of this Rule to the property rather than from other factors such as deed restrictions or other hardship; C. The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, such that compliance with provisions of this rule would not allow reasonable use of the property. D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 None Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1� ®1thCarolina Phone: 919 - 807 -6300 \ FAX 919 - 807 -6492 ra `%f Internet: www.ncwaterquality.org i/ Blue Diamond Investment Company, LLC Major Variance Request — Kernersville Findings of Fact Page 2 of 4 E. The hardship is rare or unique to the applicant's property The Town of Kernersville finds the following: There are practical difficulties that prevent compliance with the strict letter of the riparian buffer protection requirements: A. The applicant cannot make reasonable use of the property without impacting the protected riparian buffer. There are practical difficulties or unnecessary hardships to meet the diffuse flow requirements; therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman Riparian Buffer Rules. A development plan has not been prepared for the Blue Diamond property and Blue Diamond Investment Company, LLC is requesting a variance to delay installation of the BMP until development of the Blue Diamond property begins. B. The hardship results from the application of this rule rather than from other factors. There are practical difficulties or unnecessary hardships that prevent compliance with the diffuse flow requirements of the riparian buffer protection rule. The NC BMPs Manual requirement for linear footage of the level spreader and number of required discharge points for the large flow coming from the contributing drainage area is impractical. Therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman Riparian Buffer Rules. C. The hardship is due to the physical nature of the applicant's property. According to the North Carolina BMP Manual, the maximum flow from the contributing drainage basin that can be handled by a level spreader is 2 cfs. The flow coming from Blue Diamond property is around 29 cfs accounting for ultimate build -out of the property during the 1 inch /hour storm; therefore it is not practical to convert this flow to diffuse flow. Also, the NC BMP Manual requires 50 linear feet of level spreader per cfs of flow. At 1.0 inch /hour rainfall, more than 1500 linear feet of level spreader would be required for the flow from the bypass line and the maximum length of a Level Spreader allowed by the BMP manual is 100 feet. With this limitation, the flow from the bypass line would have to be split into several discrete discharge points. Both the required linear footage of level spreader and the number of required discharge points make converting the flow from this pipe to diffuse flow impractical. D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. E. The hardship is unique to the applicant's property. The Veterans Administration (VA) Hospital site lays downslope of the Blue Diamond Investment Company, LLC property (Blue Diamond property is currently undeveloped with 0% built upon area). A stormwater bypass system must be constructed to convey stormwater runoff from the Blue Diamond property through the VA site for consideration of earthwork operations and to keep runoff from Blue Diamond property separate from that of the VA site. 15A NCAC 02B .0250 (12)(b) "The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit;" The Town of Kernersville finds the following: The Randleman Rules require that concentrated runoff from manmade conveyances be converted to diffuse flow before the runoff enters Zone 2 of the buffer, unless a stormwater management facility is installed to control nutrients and attenuate flow before the conveyance discharges through the riparian buffer. Converting the by -pass flow coming from Blue Diamond property to diffuse flow is impractical; Blue Diamond Investment Company, LLC Major Variance Request — Kernersville Findings of Fact Page 3 of 4 therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman Riparian Buffer Rules. The applicant is proposing a variance to delay installation of the BMP until such time as development of the Blue Diamond property begins. The Blue Diamond property, 28.8 acres, is undeveloped with 0% built upon area. The remaining drainage area, 19.2 acres, upslope of the Blue Diamond property, is very sparsely developed, Low Density Residential as per Town of Kernersville Land Use Plan (currently has approximately 7% BUA). The aggregate BUA of all properties upslope of the VA site is 2.79 %. Runoff from this area flows overland through wooded areas and vegetated conveyances to the point where the bypass system through the VA site would collect this water. The shortest flow path of stormwater from the nearest BUA is over /through at least 700 feet of vegetation/ undeveloped area. The design of the storm drainage bypass line outlet consists of a rip -rap channel, energy dissipater device that will tie into the stream to protect the stream bank and discharge point from erosion. Given the characteristics of the Blue Diamond property and other upslope properties and the design of the storm drainage bypass line outlet, the Town of Kernersville believes that water quality will not be compromised and the intent of the Randleman Rules will be satisfied by deferring installation of the stormwater management BMP until development of the Blue Diamond property occurs. Therefore, the variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and the Town's Ordinance and preserves its spirit. 15A NCAC 02B .0250 (121(c) "in granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done." The Town of Kernersville finds the following: The variance is a minor deviation from the requirements of the Randleman Rules, since it only requests that implementation of the stormwater management plan is deferred until development of the Blue Diamond property occurs. The requirement for implementation of stormwater management prior to development of property is rare and could involve a high cost without representing improvement to water quality. Therefore, in granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done. Recommendation: Based on the information submitted, the Town of Kernersville supports this request for a Major Variance from the Randleman Riparian Area Protection Rules because practical difficulties or unnecessary hardships are present; the harmony and spirit of buffer protection requirements are met; and the protection of water quality and substantial justice has been achieved as required in 15A NCAC 02B .0250 (12) provided the conditions listed below are required. If the Water Quality Committee approves this request for a Major Variance from the Randleman Riparian Area Protection Rules, the Town of Kernersville recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B .0250 (12)(e)]: 1. This major variance shall only apply to the applicant for the specific property and for the specific uses identified in the applicant's application and supporting information. The BMP to be designed and built when the development of the Blue Diamond property takes place shall treat the runoff for the total Blue Diamond property basin area draining to the bypass system (approximately 28.8 acres) for the maximum built upon area allowed under the Town of Kernersville Environmental regulations. Blue Diamond Investment Company, LLC may Blue Diamond Investment Company, LLC Major Variance Request — Kernersville Findings of Fact Page 4 of 4 design and build the BMP structure to consider the existing runoff from the drainage area upslope of their property or by -pass that flow. 3. Prior to issuance of any watershed (Low density or High Density) or /and building permit for the Blue Diamond property (or part of this property), Blue Diamond Investment Company, LLC or its successors and assigns forever shall submit to the Town of Kernersville a Stormwater Management Plan including the design of the Structural BMP for review and approval by the Engineering Division. No certificates of occupancy shall be issued for any structure within the Blue Diamond property until the construction, completion and approval of the Structural BMP. Prior to submittal of the Stormwater Management Plan, the drainage easement for the 48 -inch bypass line shall be recorded. A copy of the recorded easement shall be submitted to the Town of Kernersville. 4. Blue Diamond Investment Company, LLC, owner of the Blue Diamond property and the applicant for this Major Variance request, shall submit to the Town of Kernersville for review and approval a recorded agreement or other legal mechanism to ensure that the above described three (3) conditions goes with the property if it is subdivided and /or sold in the future. WDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder Governor Director Request for Major Variance from the Randleman Lake Riparian Area Protection Rules Blue Diamond Investment Company, LLC 1349 -C South Park Drive Kernersville, NC March 12, 2014 John E. Skvarla, III Secretary Blue Diamond Investment Company, LLC has requested the Water Quality Committee (WQC) grant a Major Variance from the Randleman Riparian Area Protection Rules (15A NCAC 0213 .0250) diffuse flow requirements for a Medical Business Park (MBP) project in the undeveloped condition located at the intersection of Kernersville Medical Parkway and Macy Grove Road, Kernersville, NC. The proposed facility will impact six hundred (600) square feet of Zone 1 and four hundred (400) square feet of Zone 2 of the protected buffer. Accordingly, pursuant to 15A NCAC 02B.0250(12), the local government makes the preliminary finding that the major variance request demonstrates the following: • Practical difficulties or unnecessary hardships are present; • The harmony and spirit of buffer protection requirements are met; and • The protection of water quality and substantial justice has been achieved. 15A NCAC 0213 .0250 (12)(a)(i) states the following: "For any variance request, the local government shall make a finding of fact as to whether there are practical difficulties or unnecessary hardships that prevent compliance with the riparian buffer protection requirements. A finding of practical difficulties or unnecessary hardships shall require that the following conditions are met: A. If the applicant complies with the provisions of this Rule, he /she can secure no reasonable return from, nor make reasonable use of, his /her property. Merely proving that the variance would permit a greater profit from the property shall not be considered adequate justification for a variance. Moreover, the local government shall consider whether the variance is the minimum possible deviation from the terms of this Rule that shall make reasonable use of the property possible, B. The hardship results from application of this Rule to the property rather than from other factors such as deed restrictions or other hardship; C. The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, such that compliance with provisions of this rule would not allow reasonable use of the property. D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 None Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 1� ®1thCarolina Phone: 919 - 807 -6300 \ FAX 919 - 807 -6492 ra `%f Internet: www.ncwaterquality.org i/ Blue Diamond Investment Company, LLC Major Variance Request — Kernersville Findings of Fact Page 2 of 4 E. The hardship is rare or unique to the applicant's property The Town of Kernersville finds the following: There are practical difficulties that prevent compliance with the strict letter of the riparian buffer protection requirements: A. The applicant cannot make reasonable use of the property without impacting the protected riparian buffer. There are practical difficulties or unnecessary hardships to meet the diffuse flow requirements; therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman Riparian Buffer Rules. A development plan has not been prepared for the Blue Diamond property and Blue Diamond Investment Company, LLC is requesting a variance to delay installation of the BMP until development of the Blue Diamond property begins. B. The hardship results from the application of this rule rather than from other factors. There are practical difficulties or unnecessary hardships that prevent compliance with the diffuse flow requirements of the riparian buffer protection rule. The NC BMPs Manual requirement for linear footage of the level spreader and number of required discharge points for the large flow coming from the contributing drainage area is impractical. Therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman Riparian Buffer Rules. C. The hardship is due to the physical nature of the applicant's property. According to the North Carolina BMP Manual, the maximum flow from the contributing drainage basin that can be handled by a level spreader is 2 cfs. The flow coming from Blue Diamond property is around 29 cfs accounting for ultimate build -out of the property during the 1 inch /hour storm; therefore it is not practical to convert this flow to diffuse flow. Also, the NC BMP Manual requires 50 linear feet of level spreader per cfs of flow. At 1.0 inch /hour rainfall, more than 1500 linear feet of level spreader would be required for the flow from the bypass line and the maximum length of a Level Spreader allowed by the BMP manual is 100 feet. With this limitation, the flow from the bypass line would have to be split into several discrete discharge points. Both the required linear footage of level spreader and the number of required discharge points make converting the flow from this pipe to diffuse flow impractical. D. The applicant did not cause the hardship by knowingly or unknowingly violating this Rule. E. The hardship is unique to the applicant's property. The Veterans Administration (VA) Hospital site lays downslope of the Blue Diamond Investment Company, LLC property (Blue Diamond property is currently undeveloped with 0% built upon area). A stormwater bypass system must be constructed to convey stormwater runoff from the Blue Diamond property through the VA site for consideration of earthwork operations and to keep runoff from Blue Diamond property separate from that of the VA site. 15A NCAC 02B .0250 (12)(b) "The variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and preserves its spirit;" The Town of Kernersville finds the following: The Randleman Rules require that concentrated runoff from manmade conveyances be converted to diffuse flow before the runoff enters Zone 2 of the buffer, unless a stormwater management facility is installed to control nutrients and attenuate flow before the conveyance discharges through the riparian buffer. Converting the by -pass flow coming from Blue Diamond property to diffuse flow is impractical; Blue Diamond Investment Company, LLC Major Variance Request — Kernersville Findings of Fact Page 3 of 4 therefore, a stormwater BMP must be installed outside the buffer to comply with the Randleman Riparian Buffer Rules. The applicant is proposing a variance to delay installation of the BMP until such time as development of the Blue Diamond property begins. The Blue Diamond property, 28.8 acres, is undeveloped with 0% built upon area. The remaining drainage area, 19.2 acres, upslope of the Blue Diamond property, is very sparsely developed, Low Density Residential as per Town of Kernersville Land Use Plan (currently has approximately 7% BUA). The aggregate BUA of all properties upslope of the VA site is 2.79 %. Runoff from this area flows overland through wooded areas and vegetated conveyances to the point where the bypass system through the VA site would collect this water. The shortest flow path of stormwater from the nearest BUA is over /through at least 700 feet of vegetation/ undeveloped area. The design of the storm drainage bypass line outlet consists of a rip -rap channel, energy dissipater device that will tie into the stream to protect the stream bank and discharge point from erosion. Given the characteristics of the Blue Diamond property and other upslope properties and the design of the storm drainage bypass line outlet, the Town of Kernersville believes that water quality will not be compromised and the intent of the Randleman Rules will be satisfied by deferring installation of the stormwater management BMP until development of the Blue Diamond property occurs. Therefore, the variance is in harmony with the general purpose and intent of the State's riparian buffer protection requirements and the Town's Ordinance and preserves its spirit. 15A NCAC 02B .0250 (121(c) "in granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done." The Town of Kernersville finds the following: The variance is a minor deviation from the requirements of the Randleman Rules, since it only requests that implementation of the stormwater management plan is deferred until development of the Blue Diamond property occurs. The requirement for implementation of stormwater management prior to development of property is rare and could involve a high cost without representing improvement to water quality. Therefore, in granting the variance, the public safety and welfare have been assured, water quality has been protected, and substantial justice has been done. Recommendation: Based on the information submitted, the Town of Kernersville supports this request for a Major Variance from the Randleman Riparian Area Protection Rules because practical difficulties or unnecessary hardships are present; the harmony and spirit of buffer protection requirements are met; and the protection of water quality and substantial justice has been achieved as required in 15A NCAC 02B .0250 (12) provided the conditions listed below are required. If the Water Quality Committee approves this request for a Major Variance from the Randleman Riparian Area Protection Rules, the Town of Kernersville recommends approval with the following conditions or stipulations [pursuant to 15A NCAC 02B .0250 (12)(e)]: 1. This major variance shall only apply to the applicant for the specific property and for the specific uses identified in the applicant's application and supporting information. The BMP to be designed and built when the development of the Blue Diamond property takes place shall treat the runoff for the total Blue Diamond property basin area draining to the bypass system (approximately 28.8 acres) for the maximum built upon area allowed under the Town of Kernersville Environmental regulations. Blue Diamond Investment Company, LLC may Blue Diamond Investment Company, LLC Major Variance Request — Kernersville Findings of Fact Page 4 of 4 design and build the BMP structure to consider the existing runoff from the drainage area upslope of their property or by -pass that flow. 3. Prior to issuance of any watershed (Low density or High Density) or /and building permit for the Blue Diamond property (or part of this property), Blue Diamond Investment Company, LLC or its successors and assigns forever shall submit to the Town of Kernersville a Stormwater Management Plan including the design of the Structural BMP for review and approval by the Engineering Division. No certificates of occupancy shall be issued for any structure within the Blue Diamond property until the construction, completion and approval of the Structural BMP. Prior to submittal of the Stormwater Management Plan, the drainage easement for the 48 -inch bypass line shall be recorded. A copy of the recorded easement shall be submitted to the Town of Kernersville. 4. Blue Diamond Investment Company, LLC, owner of the Blue Diamond property and the applicant for this Major Variance request, shall submit to the Town of Kernersville for review and approval a recorded agreement or other legal mechanism to ensure that the above described three (3) conditions goes with the property if it is subdivided and /or sold in the future.