20050578 Ver 1_More Info Received_20050805

Planning F~ Development
August 4, ?005
Mr. Boyd DeVone
NC Division of Water Quality
1617 Mail Service Center
Raleigh, NC ?7699-1617
Re: Major Water Supply Watershed Variance (Case # WSVOS-OS)
Dear Mr. DeVone:
Enclosed is the request by Pennybyrn at Maryfield for a major watershed variance to disturb
approximately 550 feet of perennial and internuttent stream buffer. A public hearing before the
High Point City Council is scheduled for August 15, ?005. Pending a favorable recommendation
from City Council, the complete request, including the staff report and council minutes will be
forwarded, for your consideration. It is the applicant's desire for this request to be heard on the
September 7, ?005 Environmental Management Commission. If you have any questions please do
not hesitate to call.
Sincerely,
~~w~ ~~~
Mark Schroeder, AICP
Planner
File: y:\trebvtrshed\varianceslwsv05-OSlstatenoticel.doc
Administration Planning Services Development Services Inspection Services
336.883.3328 336.883.3328 336.883.3328 336.883.3151
Ciry of High Point, P.O. 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: [phone] www.high-point.net/plan Permit Fax: [phone] TDD 336.883.8517
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Applicant: Ptuiybr}m at Maryfield
Location: 131 ~ Greensboro Road (Northwest corner of Greensboro Road and Penny Road).
Area: 70,19 acres
Request: Develop a new community commons and wellness center on the Petuiybryn at
Maryfield campus within Tier 3 of the City Hollow Lake Watershed Critical Area
(WCA). The proposed development disturbs existing 15% and great slopes
(minor watershed variance required) and disturbs an existing intermittent and
peremlial stream as classified by the Department of Natural Resources Division of
Water Quality (major watershed variance required).
Jurisdictions being notified: Guilford County, Greensboro, Forsyth County, Kernersville,
Jamestown, and the Piedmont Triad Water Authority.
The City Council will consider tliis variance request.
MEETING DATE: August 15, 2005 TIME: 4:45 n.m.
LOCATION: City Council Chamber, Third Floor, Municipal Office Building,
211 South Hamilton Street.
Additional inforn~ation concerning this request is available at the Department of P1atuling and
Development, Municipal Office Building, 211 South Hamilton Street, Room 316, or by
telephone at [phone], or fax [phone].
Please forward cotntnents to Mark Schroeder by 3:00 PM, July 26, 2005. If you, or any member
of your staff, have any questions regarding this request, please do not hesitate to call Mark
Schroeder at 883-3336.
PLANNING SERVICES DEVELGP~IENT SERVICES INSPECTIONS SERVICES 1N$PECTIONS FAX PLANNING FAX
[phone] [phone] [phone] (336)883-S518 [phone]
P.O. Box 230, 21 I S. HAMILTON STREET, HIGH POINT, NORTH CAROLINA, 27261 TDD (336) S83-5517

~~~.~e^~ KOOI~TZ-~RYANT, P.C.
~~~v EnQfneors • Surveyors • Plann©rs • Sciantfsts
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August 2, 2005 AUG 0 5 2005
Mark Schroeder DENR • WATER QuAL~TY
City of High Point Department of Planning and Development WO~"d8 a Stom~wat°r t3ranc
211 South Hamilton Street
High Point, NC 27261
Re: Variance to Standard Restrictions of Chapter 7, Article A: Watershed Protection Qverlay
Districts for Pennybym at Maryfield.
Mr. Schroeder,
We are requesting a major variance of Chapter 7, Section 6.d.1 pertaining to stream buffers.
Variance A is to disturb the 50' buffer along both sides of the stream. We are also requesting a
minor variance of Chapter 7, Section 4.e.1 and Chapter 7, Section 4.c.2. Variance B for Chapter
7, Section 4.e.1 is to disturb slopes equal or Beater than 15% lying adjacent to natural drainage
ways, intermittent streams, perennial streams and wetlands.
A. The variance to Chapter 7, Section 6.d.1, which is to disturb buffers along perennial
and intermittent streams in the Randleman Lake watershed is requested due to site
constraints and limitations, The attached figure number 1 depicts the site layout and
stream buffers with the impacted area highlighted. We are proposing to impact
G3,049 square feet of buffer area. The variance shall be addressed in the categories
required in Chapter 9, Section 9.g as follows:
1) It is first important to understand that Maryfield has owned and operated
on this property since 1947. They have expanded their care over the years with
several expansions. 1n the summer of 2001 Maryfield, in support of the
communities needs to provide housing for our elderly population, applied for a
zoning change to expand their existing campus. Maryfield believes that by
providing a continuing care facility, which consists of offering independent living,
assisted living and skilled nursing care all at one location, creates a practical
solution to the housing needs for our elderly population. High Point's City
Council heard and approved the zoning change and conditional use permit to
expand the Maryi"ield Campus and the services they could provided in December
of 2001. The approved zoning change and conditional use permits are based on
master plan submitted by Maryfteld's consultant. The master plan shows the
development of the campus by depicting the location of buildings, building
heights, services per building, density of services provided, etc.
During the development stages of the master plan, meetings with the City Staff
resulted in Buffers along the Perennial Stream located on the Western Side of the
site. Qther meetings were held in 2001 with the Army Carp of Engineers and
DWQ who walked the site to indicate areas under their jurisdiction that if
developed would require permitting though the Army Corp of Engineers.
(3909 International Dnve d Suite 100 o Greensboro, NC 27409 Q [phone] ~ Fax [phone]

Pate 2
Pennybyrn at Marytield Variance Request
The Architects, Engineers and Owner believed that all major issues with
developing the proposed mater plan were addressed. The owner then pursued the
sales of the assisted and independent living spaces until 70 percent were sold, At
that point, the designers completed both site and building designs for submittal to
the proper authorities, It was at this time that we filed a permit with the Army
Corp of Engineers for all jurisdictional areas that we axe disturbing. During the
permit review NCDENR stated that a drninage channel on the site was considered
to be a regulated stream.
This resulted in the master plan disturbing a stream and stream buffer in the City
Lake Watershed as shown in figure 1, Even though NCDENR walked the site in
2001 with the Army Corp of Engineer's, they did not officially classify the
channel until July of 2005 as part of the permitting process. This is why we are-
now requesting a variance from the City of High Point.
The approved zoning in 2001 provided for a development density on the site that,
if the stream and stream buffers were now honored, could not be achieved on the
existing Maryfield Campus. Abandoning the existing facilities and starting over
at another location to achieve the desired density of services would be an
unnecessary hardship to Marytield, the residents at Maryfield and the community,
2) The details of the variance are as follows. 3'he stream we are proposing to
disturb has a drainage basin of approximately eighteen and a half (1$.50) acres.
Of this area, only approximately six (6) acres passes throug}t the stream buffer.
The remaining area in the basin enters into defined drainage channels that then
drain into the stream. There is approximately two point three (2,3) acres of
impervious area in the drainage basin; however, none of the impervious area
passes through the stream buffers because it is already in a drainage channel when
it reaches the stream as shown in Figure 2.
We are proposing to address both the quantity and quality of runoff from the site
by treating 377,102 SF of the 480,297 SF proposed impervious area; in addition
to, treating 25$,556 SF of existing impervious area that we are not required to
treat as shown on Figure 3. A majority of the exiting impervious area is piped to
within three hundred ten (310) feet of the lake before entering a drainage channel
leading to City Lake, We believe that very little treatment is achieved if any
within the existing 310 foot long channel.
We think that the combination of. treating both proposed and existing impervious
areas provides for better water quality entering City Lake than the existing
conditions stream and stream buffer provide. This is because the exiting buffer
treats runoff from only the surrounding wooded area and a majority of existing
impervious areas arc routed through pipes and diversion ditches to City Lake.
Currently during a storm event, all first flush suspended solids, oil, etc. is
transported to City Lake. We are proposing to treat the first flush suspended
G909 Intamational Drive v Suite 100 v Greensboro, NC 27409 v [phone] 0 Fax [phone]

Page 3
Pennybyrn at Ivlaryfield Variance Request
solids, oil, etc, and control the flow up to a 10 year rain event. The treatment of
the first ttush one (1) inch of runoff exceeds the required first flush half (1/2) inch
ofrunotffrom the City of High Point's Ordnance for new impervious areas.
3) We would have preferred to have the information about the stream in 2001
so that we could have addressed all these issues during final design. We therefore
believe that the proposed treatment of cxistins and proposed impervious areas as a
concession not only meets the intent of the ordinance to protect water supplies but
exceeds it. This is achieved by using stotmwater management structures to
remove 85% of the total suspended solids and controlling the flow, which is
currently not being achieved for the existing 258,556 SF of existing impervious
area. We are also proposing to expand the required buffer areas around City bake
adjacent to the proposed expansion area. We propose the expand the buffer by
utilizing existing vegetation in areas not disturbed and plantings of naturally
occurring trees, shrubs, etc. within disturbed areas. The entire proposed buffer is
shown in Figure 1. The sections of existing vegetation are on the submitted
landscape plans and site development plans.
13. The variance for Chapter 7, Section 4.e.1, w}uch is to disturb slopes equal ar greater
than 15% lying adjacent to natural drainage ways, intermittent streams, perennial
streams and wetlands is being requested due to site constraints and limitations. The
attached figure number 2 depicts the site layout and highlip~tts l5% slopes to be
disturbed. The variance shall be addressed in the categories required in Chapter 9,
Section 9.f as follows:
1) The practical difficulties which contribute to this request are the site
constraints. The site drains naturally to the Northeast, Northwest and West with a
majority of the proposed and existing drainage going to the Northwest.
Therefore, we are proposing a wet detention pond on the Northwest side of the
site to address stormwatcr runoff fiom the existing impervious area, as well as,
the proposed impervious area that drains in that direction. The logical place to
locate the wet pond is in the draw where existing runoff is currently directed via
pipes and drainage channels. This location does require the disturbing areas of
15% slopes. However, a majority of runoff tmm existing impervious areas is
routed through storm pipes and diversion ditches, which does not get treated by
the existing buffers.
We are also proposing to add other alternate measures on the northeast side of the
site to handle 80% of the proposed impervious areas draining that direction. Once
again, the constraints on the Northeast side lead to the disturbing of 15% slopes
for installation of buildings, parking lots and alternative measures to treat runoff
as shown on Figure 4. Currently, no impervious area is treated by the existing
slope buffers on the Northeast Side,
8909 international Drive a Suite 100 ©Greonsboro, NC 27409 v [phone] o Fax [phone]

Page 4
Pennybyrn at Maryficld Variat~ee Request
2) The details of the variance are as follows. The stormwater requirements
for this site, which is in the City Lake Watershed Tiers 2 and 3 arc Alternative
Measures since we are under twenty-four (24) percent built upon area. Thcsc
measures include extended dry pond, infiltration Trench, Natural [nfiltration Area,
participation in a public or private regional runoff control program or any 13MP
approved by the Enforcement Officer,
We are constructing a wet detention pond on the northwest portion of the site to
treat not only the water quantity but water quality given our proximity to City
I.alte. The wet pond also treats 258,556 SF of existing impervious area, which is
currently not flowing through any buffers, We are treating a minimum of 80% of
the proposed impervious area in the northeast portion of the site as shown on
Figure 3. Therefore, the request to disturb 15% slopes and use constructed
stormwater treatment measures not anly meets the intent of the ordinance but
exceeds that intent by providing additional treatment of storm water runoff from
impervious areas. 'This is accomplished by treating the first flush one (t) inch of
runoflt; which exceeds the required first flush half (1/2) inch of runoff from the
City of High Point's Qrdcianee for new irnpcrvious areas.
3) The construction of stormwater treatment measures instead of natural
buffers provides an equal or better water quality than the existing buffers. In this
case, we are proposing 480,104 SF of new impervious area while treating with
constructed stormwater treatment measures 635,658 S)~, of impervious area.
25$,556 SF of the 635,658 SF is currently existing impervious area, which
through pipes and division ditches does not pass throug}~ the buffers before
entering City Lake.
We understand that the material presented is on the very technical side of the ordnance in terms
of Watershed Protection. We also believe that we acted within the ordnance tvhcn we submitted
the project layout in December of 2001 for review and approval of a conditional use permit. The
variances if granted shall allow the development of a first class independent living community in
High Point on property owned by Pennybyrn at Maryficld since 1947.
Your time on this matter is appreciated,
KQQNTZ-BRYANT, P.C.
Monte J. Mores i
G909 Intematlonal Orivo a Suite 100 a Greensboro, NC 27409 v {336) 685.0200 Q Fax (33B) 665.0210

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