20140822 Ver 1_Blue Diamond MV Revised FOF_20140421

TOWN OF KERNERSVILLE
P.O. Box 728
Kernersville, NC 27285 -0728
Request for Major Variance from the
Randleman Lake Rparian Area Protection Rules
Blue Diamond Investment Company, LLC
1349- CSouth Park Drive
Kernersville, NC
M ay 7, 2014
Dawn H. Morgan, Mayor
Curtis L. Swisher, Town Manager
134 East Mountain Street
Telephone [phone]
Fax [phone]
Blue Diamond Investment Company, IlChas requested the Water Quality Committee (WQC) grant a Major
Variance from the Pandleman Riparian Area Protection %les (15A NCACO2B .0250) diffuse flow
requirementsfor a Medical Business Park (M BP) project in the undeveloped condition located at the
intersection of Kernersville Medical Parkway and Macy Grove Fbad, 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 15ANCACO2B.0250(12), the Town of Kernersville makesthe preliminary finding
that the major variance request demonstrates the following:
• Practical difficultiesor unnecessary hardshipsare present;
• The harmony and spirit of buffer protection requirements are met; and
• The protection of water quality and substantial justice has been achieved.
15A NCACO2B.0250 (12)(a)(i) statesthe 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 fble, 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 fble that shall make reasonable use of the property possible,
B. The hardship results from application of this fble to the property rather than from other factors
such as deed restrictions or other hardship,
ALDERMEN
Kenny Crews - Keith Hooker - Irving Neal - Joe L. Pinnix Jr. - Tracey H. Shifflette
NORTH CAROLINA'S
PIEDMONT
TRIAD

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 fble.
E The hardship is rare or unique to the applicant's property
The Town of KernersviIIe findsthe following:
There are practical difficulties that prevent compliance with the strict letter of the riparian buffer
protection requirements:
A Although the applicant can make reasonable use of and secure a reasonable return for the property
without a variance from the diffuse flow requirements of the Pandleman Riparian Buffer FUle,
there are practical difficulties and unnecessary hardships related to meeting these requirements
prior to development of the Blue Diamond site. The proposed Veterans Admi nist ration (VA)
Hospital site will be constructed prior to development of a site plan for the Blue Diamond site and
separates the Blue Diamond site from the West Fork of the Deep River. Due to the size of the
drainage area of the Blue Diamond site and its location upslope of the VAsite, the volume of
stormwater runoff draining to the proposed bypass channel istoo large to incorporate its
treatment with that of stormwater from the VAsite or to diffuse using a level spreader. Therefore,
separate stormwater BM P(s) must be installed on the Blue Diamond site to comply with the Buffer
FUle. Because the predevelopment topography of the Blue Diamond site consists of two drainage
areas, significant site grading or two BM Pswould need to be constructed in order to treat
stormwater runoff prior to development of the site. Therefore, Blue Diamond Investment
Company, LLCrequests a variance to delay installation of BM Ps until development of the Blue
Diamond property begins.
B. The hardship resultsfrom the application of this rule due to the sequence in which these two
specific propertieswill be developed rather than from other factors.
C The hardship is due to the physical nature of the applicant's property. Because the VA Hospital site
separatesthe Blue Diamond site from the nearest receiving stream, development of the VAsite
impacts the development options for the Blue Diamond site. Although the BMPfor the VAsite
could be re- designed to include the predevelopment stormwater runoff from the upslope
properties, a high flow bypass channel would become necessary once the property is developed for
a commercial use. However, it would be impractical to construct a bypass channel for the Blue
Diamond property after the VA Hospital construction is complete.
D. The applicant did not cause the hardship by knowingly or unknowingly violating this FUle.
E The hardship is unique to the applicant's property. Lack of an existing stormwater conveyance for
such a large drainage area combined with high - density development of the downslope property
prior to the applicant's property situated upslope is a unique situation. Astormwater bypass
system must be constructed to convey stormwater runoff from the Blue Diamond property through
the VAsite for consideration of earthwork operationsand to provide a high flow bypass channel
that will be necessary for the development of the Blue Diamond property.
15A NCACO2B.0250 (12)(b)
"The variance is in harmony with the general purpose and intent of the Sate's riparian buffer protection
requirements and preserves its spirit; "
The Town of KernersviIIe findsthe following:

The Pandleman 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;
therefore, a stormwater BM Pmust be installed outside the buffer to comply with the Pandleman Riparian
Buffer Rules. The applicant is proposing a variance to delay installation of the BM Puntil 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, isvery sparsely developed, Low Density Residential as per Town of Kernersville Land
Use Ran (currently has approximately 7 %BUA). The aggregate BUAof 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 believesthat water quality will not be compromised
and the intent of the Randleman RUleswill be satisfied by deferring installation of the stormwater
management BM P 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 NCACO2B.0250 (12)(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 KernersviIIe findsthe following:
It is usually impractical for multiple owners to manage a single BM P. Even if a satisfactory agreement can
be achieved initially, this can be negated if ownership of a property changes. In addition, managing
stormwater dose to the source where it is generated helps to reduce the impacts of built -upon areas on
the environment. Dispersing BM Ps throughout a large drainage area reduces the size of the conveyances
needed to carry stormwater, which reduces the risk of erosion and can also reduce costs. 9rnaIIer BM Ps
can be easier and less costly to maintain and therefore are more likely to be maintained. Also, using more
BM Ps reduces the risk of failure of a single, large BM P. If one component of a BM P network fails, the
remainder of the BMPswould still provide stormwater treatment. Also, asingle, large BMP presents a
greater risk to public safety from potential drowning and dam failure.
The variance is a minor deviation from the requirements of the Randleman Rules, since it only requests that
implementation of the stormwater management plan be 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.
Reoommendation:
Based on the information submitted, the Town of Kernersville supportsthis 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 NCACO2B .0250 (12) provided the
conditions listed below are required. If the Water Quality Committee approves this request for a Major

Variance from the Pandleman Riparian Area Protection Rules, the Town of Kernersville recommends
approval with the following conditions or stipulations [pursuant to 15A NCACO2B.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.
2. The BM Pto 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, LLCmay design and
build the BM Pstructure 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, LLCor its
successors and assigns forever shall submit to the Town of Kernersville a Stormwater Management
Ran including the design of the Structural BM Pfor 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 BM P. Prior to submittal of the
Stormwater Management Ran, 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 goeswith the property if it is subdivided and /or sold in the future.