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3 CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on Wednesday, December 21, 2016 at 10:00 a.m. in the City Council Chamber, Virginia Beach Municipal Center, Virginia Beach, Virginia. An informal session is held at 9:00 a.m. in the City Council Chamber at which time staff briefs the Board on agenda items. All interested persons are invited to attend. There is no opportunity for citizenry to speak at the briefing session; however, the public is invited to speak at the formal Public Hearing held at 10:00 a.m. in the City Council Chamber. The staff reviews all of the items on this agenda and offer recommendation for consideration by the Chesapeake Bay Preservation Area Board, in the event they should approve the application. However, it should not be assumed that those conditions constitute all of the conditions that will ultimately be attached to the project. Staff agencies may impose further conditions and requirements applicable to city ordinances. Those members of the public interested in attending the public hearing should be advised that, for reasons the Board deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed below will be exactly followed during the public hearing. THE FOLLOWING DESCRIBES THE ORDER OF BUSINESS FOR THE PUBLIC HEARING (IF YOU DO NOT UNDERSTAND, ASK A STAFF MEMBER SITTING AT THE DESK AT THE FRONT OF THE CHAMBER OR THE STAFF MEMBER AT THE DESK OUTSIDE THE CHAMBER). 1. DEFERRALS: The first order of business is the consideration of requests to defer an item. The Board will ask those in attendance at the hearing if there are any requests to defer an item that is on the agenda. PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN. If an item is deferred, a deferral date will be determined at the public hearing. Typically deferrals range from thirty (30) to sixty (60) days or may be deferred indefinitely. The Board will vote on all of the items deferred individually. It is important, therefore, if you have an objection to an item being deferred to note your objection as the Board goes through the items being considered for deferral. 2. CONSENT AGENDA: The second order of business is consideration of the consent agenda. The consent agenda contains those items a. that the Board believes are unopposed and b. which have a favorable Staff recommendation. If an item is placed on the Consent Agenda, that item will be heard with other items on the agenda that appear to be unopposed and have a favorable staff recommendation. The Board will vote on all of the items at one time. Once the Board has approved the item as part of the Consent Agenda, the variance request is granted and will not be discussed any further. It is important, therefore, if you have an objection to an item being placed on the Consent Agenda to note your objection as the Board goes through the items being considered for the Consent Agenda. Chesapeake Bay Preservation Area Board Agenda Page 1

4 Process for the Consent Agenda: The Board will announce the item number and item title being considered for inclusion on the Consent Agenda. The Board will ask if there is anyone in the audience representing the item, and if so, ask them to go up to the podium and state their name for the record. The Board will ask the representative of the item if they are aware of the conditions and if they agree to the conditions. The Board will then ask if there is anyone in the audience in opposition to the item. If you are opposed to the item, stand or raise your hand to let the Board know. If the item is opposed, it will be removed from the consent agenda and heard in its normal place on the agenda. After the Board has gone through all of the items that it believes should be on the Consent Agenda, it will vote at one time for all of the items, announcing the number of each item being voted on. Pay attention to the list of items being voted on. 3. REGULAR AGENDA: The Board will then proceed with the remaining items on the agenda, according to the following process: a. The applicant or applicant s representative will have 10 minutes to present its case. b. Next, those who wish to speak in support to the application will have 3 minutes to present their case. c. If there is a spokesperson for the opposition, he or she will have 10 minutes to present their case. d. All other speakers not represented by the spokesperson in opposition will have 3 minutes. e. The applicant or applicant s representative will then have 3 minutes for rebuttal of any comments from the opposition. f. There is then discussion among the Board members. No further public comment will be heard at that point. The Board may, however, allow additional comments from the opposition if a member of the Board sponsors the opposition. Normally, you will be sponsored only if it appears that new information is available and the time will be limited to 3 minutes. g. The Board does not allow slide or computer generated projections other than those prepared by the Planning Department Staff. The Board asks that speakers not be repetitive or redundant in their comments. Do not repeat something that someone else has already stated. Petitions may be presented and are encouraged. If you are part of a group, the Board requests, in the interest of time, that you use a spokesperson, and the spokesperson is encouraged to have his or her supporters stand to indicate their support. Those members of the public interested in speaking in support or in opposition to an agenda item shall be limited to 3 minutes in which to address the Board. At the discretion of the CBPA Board Chairman, this time may be increased to 5 minutes. Speakers will be electronically timed. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Planning and Community Development at (757) Chesapeake Bay Preservation Area Board Agenda Page 2

5 DECEMBER 21, 2016 CHESAPEAKE BAY PRESERVATION AREA BOARD AGENDA 9:00 AM INFORMAL STAFF BRIEFINGS OF PUBLIC HEARING AGENDA ITEMS 10:00 AM FORMAL REVIEW OF PUBLIC HEARING AGENDA ITEMS ADMINISTRATIVE BUSINESS ITEM 1. Election of 2017 Chesapeake Bay Preservation Area Board Officers Chairman Vice Chairman Secretary Page 7 OLD BUSINESS AGENDA ITEM 2. Clarence E. Harris, Jr. [Property Owner] BRIBRA Acquisitions, Inc [Applicant] 321 London Bridge Road GPIN: COUNCIL DISTRICT - Beach Applicant s Agent Eddie Bourdon Staff Planner PJ Scully Page 9 Chesapeake Bay Preservation Area Board Agenda Page 3

6 NEW BUSINESS AGENDA ITEMS 3. Gerald Cox [Applicant & Property Owner] 2677 Shorehaven Drive GPIN: COUNCIL DISTRICT - Lynnhaven Applicant s Agent Nathan Lahy Staff Planner PJ Scully Page Caroline Babington [Applicant & Property Owner] 1812 Upper James Court GPIN: COUNCIL DISTRICT - Lynnhaven Applicant s Agent Billy Garrington Staff Planner PJ Scully Page Angela and Skylar Thomas Bates [Applicant & Property Owner] 1821 Addington Road GPIN: COUNCIL DISTRICT - Lynnhaven Applicant s Agent Billy Garrington Staff Planner PJ Scully Page 57 Chesapeake Bay Preservation Area Board Agenda Page 4

7 NEW BUSINESS AGENDA ITEMS (continued) 6. George Vanhouten [Applicant & Property Owner] 940 Hurds Road GPIN: COUNCIL DISTRICT - Lynnhaven Applicant s Agent Billy Garrington Staff Planner PJ Scully Page 75 SHOW CAUSE ITEMS 7. Kenneth & Judith Thrasher [Property Owner] 2101 Pallets Court GPIN: COUNCIL DISTRICT - Beach Applicant s Agent Kenneth Thrasher Staff Planner PJ Scully Page Hale Bulkheading Inc, Fred Hale [Contractor] 2101 Pallets Court GPIN: COUNCIL DISTRICT - Beach Staff Planner PJ Scully Page 97 Chesapeake Bay Preservation Area Board Agenda Page 5

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9 Administrative Business 2017 Chesapeake Bay Preservation Area Board Election of Officers Public Hearing December 21, 2016 Agenda Item Chesapeake Bay Preservation Area Board Members David W. France David Jester Vice Chairman Arthur L. Jones Brad Martin Wayne Douglas McCoy June Barrett McDaniels Richard G. Poole Secretary Reese Smith Jr. Dennis Sobota, Chairman 2017 Chesapeake Bay Preservation Area Board Election of Officers Chairman Vice Chairman Secretary Election of Officers Agenda Item 1 Page 7

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11 Property Owner Clarence E. Harris, Jr. Applicant BRIBRA Acquisitions, Inc. Address 321 London Bridge Road Public Hearing December 21, 2016 City Council District Beach Agenda Item 2 Applicant s Agent Eddie Bourdon Staff Planner PJ Scully Lot Recordation 4/8/2002 Map Book 304, Page 80 GPIN SITE AREA 104,385 square feet or acres SITE AREA OUTSIDE OF WATER/WETLANDS 103,840 square feet or acres EXISTING IMPERVIOUS COVER OF SITE 16,445 square feet or 15.8% of site Existing Impervious Cover in RPA 3,222 square feet PROPOSED IMPERVIOUS COVER OF SITE 45,110 square feet or 43.4% of site Area of Redevelopment in RPA 934 square feet Area of New Development in RPA 5,526 square feet Proposed Lots 1,051 square feet Proposed Public Street Location of Proposed Impervious Cover 50 Landward Buffer 100 Variable Width Buffer Resource Management Area (RMA) AMOUNT OF LAND DISTURBANCE Greater than 2,500 square feet Clarence E. Harris, Jr. Agenda Item 2 Page 9

12 Summary of Proposal Demolition Details All driveways, concrete pads and structures Construction Details 13 lot single family subdivision with associated asphalt roadway CBPA Ordinance Variance History No prior variance history This item was deferred for 30 days from the November 28, 2016 CBPA Public Hearing. Staff s write-up from said public hearing is as follows: The applicant s engineer of record engaged with staff regarding encroachments within the 100 foot buffer of the Resource Protection Area (RPA). As a result of that meeting, the following changes were made to the request: reduction in proposed number of lots within the 100 foot buffer of the RPA from three to two, utilization of open space within the RPA towards best management practices for stormwater infiltration promotion, and an evaluation of the existing riparian buffer for declining canopy trees and invasive plant species removal. The applicant s introduction of stormwater management and riparian buffer restoration within the 100 foot buffer offers viable means of development mitigation towards proper site management to enhance ecological benefits, pollution control and water quality maintenance. Environmental Conditions Flood Zone 0.2% Annual Chance of Flooding Soil Type(s) Augusta Series (deep, nearly level and poorly drained soils) Nawney Series (deep, poorly drained soils) Shoreline Shoreline is a narrow ravine with shallow banks. Riparian Buffer Sparsely wooded Number of existing canopy trees requested for removal within the RPA: 4 Number of existing understory trees requested for removal within the RPA: 3 Approximate square footage of tree canopy to be removed: 2,800 square feet Approximate linear footage of shoreline to be managed: Approximately 150 linear feet to be evaluated for invasive species removal Evaluation of existing tree removal request: Overall health of the riparian buffer is moderately stressed due to storage of materials on property and daily vehicular activities occurring within root zones of canopy trees. Clarence E. Harris, Jr. Agenda Item 2 Page 10

13 Evaluation and Recommendation During the November Chesapeake Bay Preservation Area (CBPA) public hearing the CBPA Board heard this request for a 13 lot single family subdivision. At that time the consensus of the CBPA Board was that additional accounting of impervious cover was needed specific to all proposed improvements within the Resource Protection Area (RPA) and Resource Management Area (RMA). As such, the request was deferred for 30 days. The intent to develop this parcel has remained intact from the initial request a 13 lot single family subdivision. The applicant s agent has provided additional information through more detailed accounting of proposed improvements on lots 1 through 13 thereby reducing the overall proposed impervious cover by 1,335 square feet. In addition, proposed impervious cover encroachments within the 50 foot seaward buffer of the RPA have been eliminated and buffer restoration for the proposed impervious cover encroachment associated with the public street provided. Said buffer restoration associated with the public street is equal to 145 percent of the proposed new impervious cover within the RPA. Accounting for this amount has been applied to the buffer restoration requirements for lots 1 through 6. This request continues to utilize open space within the RPA towards best management practices for stormwater infiltration promotion, and the management of the existing riparian buffer for declining canopy trees and invasive plant species removal as mitigation towards proper site management to enhance ecological benefits, pollution control and water quality maintenance. Staff supports this application subject to the following recommended conditions. Recommended Conditions 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition as well as for the construction of individual single family lots with encroachments into the Resource Protection Area (RPA) buffer. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. Wire reinforced 36 inches silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 15 feet from improvements. 4. Construction limits shall lie a maximum of 15 feet seaward of improvements. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 5. Prior to clearing, grading, demolition or construction, tree protection shall be erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. Said protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3 to 1 ratio for all unauthorized (damaged or removed) vegetation impacts. Clarence E. Harris, Jr. Agenda Item 2 Page 11

14 7. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 8. Individual single-family lot encroachments into the RPA buffer shall be limited to lots 1, 3, 4, 5 and 6 as shown on the Chesapeake Bay Preservation Area (CBPA) exhibit. No encroachment for any lot shall extend into the 50 foot seaward portion of the Resource Protection Area (RPA) buffer. 9. The maximum impervious cover for each proposed lot shall not exceed the following: Clarence E. Harris, Jr. Agenda Item 2 Page 12 Proposed lot 1: 2,131 square feet 40.1 percent of individual lot Proposed lot 2: 2,178 square feet 43.5 percent of individual lot Proposed lot 3: 2,178 square feet 43.5 percent of individual lot Proposed lot 4: 2,176 square feet 43.3 percent of individual lot Proposed lot 5: 2,420 square feet 24.8 percent of individual lot Proposed lot 6: 2,288 square feet 21.7 percent of individual lot Proposed lot 7: 2,103 square feet 40.9 percent of individual lot Proposed lot 8: 2,198 square feet 43.6 percent of individual lot Proposed lot 9: 2,075 square feet 41.5 percent of individual lot Proposed lot 10: 2,075 square feet 41.5 percent of individual lot Proposed lot 11: 2,075 square feet 41.5 percent of individual lot Proposed lot 12: 2,075 square feet 41.0 percent of individual lot Proposed lot 13: 2,037 square feet 36.0 percent of individual lot 10. Individual single-family site plans for lots 1, 2, 3, 4, 5 and 6 shall be submitted to the Department of Planning and Community Development, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. The conditions of this variance shall be noted on the submitted site plan. 11. Submitted concurrent with the individual single family site plans for lots 1, 2, 3, 4, 5 and 6 shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the following requirement: Proposed lot 1: Proposed lot 2: Proposed lot 3: Proposed lot 4: Proposed lot 5: Proposed lot 6: 1,872 square feet of buffer restoration 496 square feet of buffer restoration 496 square feet of buffer restoration 496 square feet of buffer restoration 4,896 square feet of buffer restoration 4,896 square feet of buffer restoration Said restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Department of Conservation & Recreation, Chesapeake Bay Local Assistance to the greatest extent practicable. Planting / buffer restoration areas shall have a mulch layer of organic material 4 to 6 inches in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of approximately 50 percent deciduous and 50 percent evergreen species and shall be evenly distributed within the RPA buffer. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 12. When applicable, under deck treatment of sand and gravel shall be installed. 13. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management.

15 14. ** As offered by the applicant for lots encroaching into the RPA, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with individual single family site plan approval. Payment shall be calculated as follows for individual lot proposed impervious cover in the Resource Protection Area (RPA): Proposed lot 1: 578 square feet of encroachment in the RPA $ Proposed lot 2: 0 square feet of encroachment in the RPA $ 0 Proposed lot 3: 117 square feet of encroachment in the RPA $ Proposed lot 4: 87 square feet of encroachment in the RPA $ Proposed lot 5: 2,385 square feet of encroachment in the RPA $ Proposed lot 6: 2,359 square feet of encroachment in the RPA $ The recordation of this variance shall be referenced on the subdivision plat by the following note: "A CHESAPEAKE BAY PRESERVATION AREA (CBPA) BOARD VARIANCE WAS APPROVED (provide date of variance). THE VARIANCE APPROVAL CONTAINED CONDITIONS FOR ALL PROPOSED CONSTRUCTION THAT QUANTIFIED LIMITS OF IMPERVIOUS COVER FOR EACH SINGLE FAMILY LOT. LIMITS OF IMPERVIOUS COVER ARE SHOWN ON THE CBPA EXHIBITS AND ARE ON FILE WITH THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. DEVIATION FROM THE CONDITIONS OF THE CBPA BOARD VARIANCE MAY REQUIRE RESUBMITTAL FOR BOARD CONSIDERATION." 16. The recordation of this variance shall be referenced on all physical surveys by the following note: "A CHESAPEAKE BAY PRESERVATION AREA (CBPA) BOARD VARIANCE WAS APPROVED (provide date of variance). THE VARIANCE APPROVAL CONTAINED CONDITIONS FOR ALL PROPOSED CONSTRUCTION THAT QUANTIFIED LIMITS OF IMPERVIOUS COVER FOR EACH SINGLE FAMILY LOT. LIMITS OF IMPERVIOUS COVER ARE SHOWN ON THE CBPA EXHIBITS AND ARE ON FILE WITH THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. DEVIATION FROM THE CONDITIONS OF THE CBPA BOARD VARIANCE MAY REQUIRE RESUBMITTAL FOR BOARD CONSIDERATION." 17. The conditions and approval associated with this variance are based on the exhibit plan dated July 29, 2016 with a revision date of October 25, 2016 and November 30, 2016, prepared by WP Large, signed November 30, 2016 by Eric Garner. The conditions and approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Clarence E. Harris, Jr. Agenda Item 2 Page 13

16 Site Aerial Clarence E. Harris, Jr. Agenda Item 2 Page 14

17 CBPA Exhibit Existing Conditions Clarence E. Harris, Jr. Agenda Item 2 Page 15

18 CBPA Exhibit Proposed Improvements Clarence E. Harris, Jr. Agenda Item 2 Page 16

19 Disclosure Statement Clarence E. Harris, Jr. Agenda Item 2 Page 17

20 Clarence E. Harris, Jr. Agenda Item 2 Page 18

21 Clarence E. Harris, Jr. Agenda Item 2 Page 19

22 Clarence E. Harris, Jr. Agenda Item 2 Page 20

23 Clarence E. Harris, Jr. Agenda Item 2 Page 21

24 Clarence E. Harris, Jr. Agenda Item 2 Page 22

25 Clarence E. Harris, Jr. Agenda Item 2 Page 23

26 PAGE LEFT BLANK Clarence E. Harris, Jr. Agenda Item 2 Page 24

27 Applicant Gerald Cox Address 2677 Shorehaven Drive Public Hearing December 21, 2016 City Council District Lynnhaven Agenda Item 3 Applicant s Agent Nathan Lahy Staff Planner PJ Scully Lot Recordation 5/11/1983 Map Book 166, Page 46 GPIN SITE AREA 50,425 square feet or acres SITE AREA OUTSIDE OF WATER/WETLANDS 44,184 square feet or acres EXISTING IMPERVIOUS COVER OF SITE 11,292 square feet or 25.5% of site PROPOSED IMPERVIOUS COVER OF SITE 12,031 square feet or 27.2% of site Area of Redevelopment in RPA 706 square feet Area of New Development in RPA 672 square feet Location of Proposed Impervious Cover 50 Seaward Buffer 50 Landward Buffer AMOUNT OF LAND DISTURBANCE Less than 2,500 square feet Gerald Cox Agenda Item 3 Page 25

28 Summary of Proposal Demolition Details Gravel driveway Portions of stone walk and stepping stone path Construction Details Garage with associated breezeway and driveway expansion CBPA Ordinance Variance History June 22, 2009 a Chesapeake Bay Preservation Area (CBPA) Board variance was granted for the installation of a 10 foot x 15 foot pre-built garden shed on skids with a gravel walkway with the following conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Orange 36 re-enforced silt fence, for erosion and sedimentation control measures, shall be installed along the seaward limits of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed 10 ft. from proposed improvements. 3. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. 4. Construction limits shall lie a maximum of 10' outboard of improvements. 5. The construction access way shall be noted on the site plan, as well as the stockpile staging area. 6. Stormwater runoff from proposed impervious cover shall be conveyed to stormwater management facilities. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 7. If and when the shoreline is hardened, a rip-rap revetment shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said revetment shall lie at or landward of mean high water or tidal vegetated wetlands, unless the Wetlands Board determines that site specific conditions warrant a more seaward alignment. Said condition shall be so noted on the site plan. 8. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $34.00 and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 38 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 9. Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 10. Where mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. Gerald Cox Agenda Item 3 Page 26

29 11. Buffer restoration of 300 sq. ft. shall be installed which is equal to 200% of the proposed impervious cover within the RPA, inclusive of the variable width buffer and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4 6 in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 12. A separate landscape / buffer restoration plan shall be submitted concurrent withthe site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized area (forest floor), planting beds, and turf zones. 13. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 14. The conditions and approval associated with this variance are based on the site plan dated May 7, 2009, prepared by Cox Kliewer & Company, P.C. Environmental Conditions Flood Zone X Soil Type(s) Tetotum Series (deep, moderately well-drained soils) Rumford Series (highly erodible soils) located below the top of bank Shoreline Shoreline has a northern exposure and is in a natural state. Riparian Buffer Heavily wooded Number of existing canopy trees requested for removal within the RPA: 1 Number of existing understory trees requested for removal within the RPA: 2 Evaluation of existing tree removal request: Location of trees are within the limits of construction with the understory trees planned as a component of an ornamental landscape. Mature forest floor is present throughout the parcel. Evaluation and Recommendation The applicant should be commended for preserving much of the parcel in a natural state with three trophic layers, including many native species. Excellent use of stepping stones in-filled with low growing ground covers is evident Gerald Cox Agenda Item 3 Page 27

30 throughout the property and the access path to the water is organic, well maintained and a model for a desired accessway to the water. The submitted request limits land disturbance to a minimum area necessary to provide for the proposed development, preserves existing vegetation to the greatest extent practicable, and is in compliance with the conditions of the June 22, 2009 Chesapeake Bay Preservation Area Board variance. As such, Staff supports this request and recommends approval. Recommended Conditions 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 inch silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be delineated in the field with the Civil Inspector. 5. Construction limits shall be contained within the limits of the delineated silt fence as delineated in the field with the Civil Inspector. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 6. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 8. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 9. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 10. Buffer restoration shall be installed per the Analysis of Development within the CBPA Resource Protection Area chart provided amount of 1,402 square feet, sheet 3 of the CBPA exhibit. Gerald Cox Agenda Item 3 Page 28 Said restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Department of Conservation & Recreation, Chesapeake Bay Local Assistance to the greatest extent practicable. The required restoration shall be maintained and not removed or allowed to revert to turf in

31 the future. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 11. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25 percent of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 168 square foot, 12 inch deep oyster shell plant within the Lynnhaven River Basin. 12. This variance and associated conditions are in addition to the conditions of the Board variance granted June 22, The conditions and approval associated with this variance are based on the exhibit plan dated December 1, 2016, prepared by MSA, P.C., signed December 1, 2016 by Nathan Lahy. The conditions and approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Gerald Cox Agenda Item 3 Page 29

32 Site Aerial Gerald Cox Agenda Item 3 Page 30

33 CBPA Exhibit Existing Conditions Gerald Cox Agenda Item 3 Page 31

34 CBPA Exhibit Analysis of Conditions Gerald Cox Agenda Item 3 Page 32

35 CBPA Exhibit Proposed Improvements Gerald Cox Agenda Item 3 Page 33

36 Disclosure Statement Gerald Cox Agenda Item 3 Page 34

37 Gerald Cox Agenda Item 3 Page 35

38 Gerald Cox Agenda Item 3 Page 36

39 X MSA, P.C. Gerald Cox Agenda Item 3 Page 37

40 Gerald Cox Agenda Item 3 Page 38

41 X MSA, P.C. Gerald Cox Agenda Item 3 Page 39

42 Gerald Cox Agenda Item 3 Page 40

43 Applicant Caroline Babington Address 1812 Upper James Court Public Hearing December 21, 2016 City Council District Lynnhaven Agenda Item 4 Applicant s Agent Billy Garrington Staff Planner PJ Scully Lot Recordation 12/21/1987 Deed Book 2698, Page GPIN SITE AREA 49,806 square feet or acres SITE AREA OUTSIDE OF WATER/WETLANDS 26,622.7 square feet or acres EXISTING IMPERVIOUS COVER OF SITE 6,223.5 square feet or 23.4% of site PROPOSED IMPERVIOUS COVER OF SITE 9,298 square feet or 34.93% of site Area of Redevelopment in RPA 1,296.5 square feet Area of New Development in RPA 2,929.5 square feet Location of Proposed Impervious Cover 50 Seaward Buffer 50 Landward Buffer 100 Variable Width Buffer AMOUNT OF LAND DISTURBANCE Greater than 2,500 square feet Caroline Babington Agenda Item 4 Page 41

44 Summary of Proposal Demolition Details Concrete driveway and sidewalk to side door with associated pea gravel Paver patio Relocate HVAC units Construction Details Concrete driveway Concrete sidewalk, 4 feet in width Shed Wood deck Swimming pool with associated concrete pool deck Pool house Relocated HVAC units with proposed pool equipment Mulch path with stepping stones 2 total CBPA Ordinance Variance History No prior variance history Environmental Conditions Flood Zone X Soil Type(s) Tetotum Series (deep, moderately well-drained soils) Rumford Series (highly erodible soils) located below the top of bank Shoreline Shoreline is in a natural state. Minor signs of erosion are present along portions of the toe of slope where shoreline shading is occurring. Moderate maintenance should be performed to limb up low hanging branches shading existing tidal marsh and to remove invasive plant species. Riparian Buffer Sparsely wooded Number of existing canopy trees requested for removal within the RPA: 4 Evaluation of existing tree removal request: The trees to be removed are within the designated limits of construction and the applicant is proposing to preserve all existing canopy trees with the exception of 2 declining Pine tree within the parcel. Said request for existing canopy tree removal has been evaluated by certified arborist. Additional maintenance (crown thinning, removal of dead wood, etc.) to promote the health of the existing canopy trees to remain is planned. Caroline Babington Agenda Item 4 Page 42

45 Evaluation and Recommendation Staff s initial concern regarding the redevelopment of this parcel is the amount of proposed impervious cover 9,298 square feet or percent of the site outside of water and wetlands. Noteworthy to the redevelopment of this parcel is the site area 49,806 square feet, comparable to the site area outside of water and wetland 26,622.7 square feet and the consultant s (landscape architect) approach towards development within the Resource Protection Area (RPA) specific to the following: Minimizing encroachment into the 50 seaward buffer subject to portions of a sidewalk Utilizing existing impervious cover to the greatest extent practicable through the redevelopment of existing walkways and patios Development of pool and pool deck in harmony with minimizing impervious cover while not conferring on the applicant any special privileges or conveniences not accorded to other owners of property in the Chesapeake Bay Preservation Area Staff s evaluation of the application is that the proposed improvements, both new development and redevelopment are made with respect to being the minimum necessary to afford relief given site area outside of water and wetlands with the majority of new development proposed within the 50 foot landward and variable width portions of the Resource Protection Area (RPA) buffers. Said proposed improvements also utilize areas of relatively flat and stabilize topography. Staff supports this application subject to the following recommended conditions. Recommended Conditions 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 inch silt fence, for erosion and sedimentation control measures, shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed as delineated per the CBPA Variance Exhibit. 5. Construction limits shall be contained within the limits of the delineated silt fence per the CBPA Variance Exhibit. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3 to 1 ratio for all unauthorized (damaged or removed) vegetation impacts. 7. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. Caroline Babington Agenda Item 4 Page 43

46 8. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 9. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 10. The proposed concrete walkway shall be constructed out of non-compacted gravel starting at the proposed shed and terminating at the proposed concrete pool deck. 11. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 12. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 13. Buffer restoration shall be installed equal to 200 percent of the proposed new impervious cover within the RPA: 2,929 square feet x 200 percent = 5,858 square feet. Said restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Department of Conservation & Recreation, Chesapeake Bay Local Assistance to the greatest extent practicable. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf or where impervious cover is removed. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 to 6 inches in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of approximately 50 percent deciduous and 50 percent evergreen species and shall be evenly distributed within the RPA buffer. Trees shall not be planted within 15 feet of the shoreline where such planting would result in marsh shading or interference with the integrity of shoreline structures. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 14. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25 percent of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 732 square foot, 12 inch deep oyster shell plant within the Lynnhaven River Basin. 15. Mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 16. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 17. The conditions and approval associated with this variance are based on the exhibit plan dated October 11, 2016, prepared by Gallup Surveyors and Engineers, signed October 11, 2016 by Bruce Gallup. The conditions and Caroline Babington Agenda Item 4 Page 44

47 approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Caroline Babington Agenda Item 4 Page 45

48 Site Aerial Caroline Babington Agenda Item 4 Page 46

49 CBPA Exhibit Existing Conditions Caroline Babington Agenda Item 4 Page 47

50 CBPA Exhibit Proposed Improvements Caroline Babington Agenda Item 4 Page 48

51 Disclosure Statement Caroline Babington Agenda Item 4 Page 49

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59 Applicant Angela and Skylar Thomas Bates Address 1821 Addington Road Public Hearing December 21, 2016 City Council District Beach Agenda Item 5 Applicant s Agent Billy Garrington Staff Planner PJ Scully Lot Recordation 3/24/2003 Map Book 155, Page 38 GPIN SITE AREA 261,924 square feet or acres SITE AREA OUTSIDE OF WATER/WETLANDS 90,756 square feet or acres EXISTING IMPERVIOUS COVER OF SITE 28 square feet or 0.03% of site PROPOSED IMPERVIOUS COVER OF SITE 14,161 square feet or 15.6% of site Area of Redevelopment in RPA 0 square feet Area of New Development in RPA 14,161 square feet Location of Proposed Impervious Cover 50 Seaward Buffer 50 Landward Buffer AMOUNT OF LAND DISTURBANCE Greater than 2,500 square feet Angela and Skylar Thomas Bates Agenda Item 5 Page 57

60 Summary of Proposal Demolition Details Undeveloped parcel Construction Details Single family residence with associated walkways Gravel driveway with concrete entry court adjacent to residence Swimming pool with concrete pool patio Detached pool house with covered patio Stacked retaining wall CBPA Ordinance Variance History August 28, 1995 a Chesapeake Bay Preservation Area (CBPA) Board variance was granted for the subdivision of a single parcel into two residential lots with the following conditions: 1. Building envelopes shall be identified for both parcels. All accessory structures must be shown within the limits of the envelope. 2. A metes and bounds description of the building envelopes to include, limits of land disturbance for both parcels, shall be shown on the final subdivision plat. No building envelope shall occur within 20 feet of the top of bank. 3. Tree mitigation for the trees six inches in caliper and greater shall be at a 3 to 1 ratio or an equal amount of planting bed be established for the existing tree canopy or any combination thereof. 4. All of the property located below the top of bank shall be left in a natural state. 5. The septic tank primary and reserve drainfield areas shall be shown on the site plan. 6. A revised site plan meeting the above conditions shall be submitted to the Planning Dept. for a full plan of development review and approval prior to the issuance of a building permit. Environmental Conditions Flood Zone AE Base Flood Elevation (BFE): 7 Soil Type(s) Tetotum Series (deep, moderately well-drained soils) Rumford Series (highly erodible soils) located below the top of bank Shoreline Shoreline is in a natural state. Moderate maintenance should be performed to limb up low hanging branches shading existing tidal marsh and to remove invasive plant species, specifically Smilax rotundifolia (Roundleaf Greenbrier). Angela and Skylar Thomas Bates Agenda Item 5 Page 58

61 Riparian Buffer Heavily wooded, undeveloped parcel Number of existing canopy trees requested for removal within the RPA: 91 Number of dead, diseased or dying existing canopy trees requested for removal within the RPA: 3 Evaluation of existing tree removal request: Trees being requested for removal are within the delineated limits of construction, shown as approximately 10 feet outboard the proposed improvements. The applicant s agent, Engineer of Record and builder evaluated access to the site and adjusted the proposed driveway layout in an attempt to preserve healthy hardwood canopy trees. In addition the proposed development of this parcel requires a septic drain field impacting addition trees outboard of the August 28, 1995 Chesapeake Bay Preservation Area (CBPA) Board granted building envelop. Evaluation and Recommendation Staff met with the applicant s agent, engineer of record, and builder to discuss the August 28, 1995 Chesapeake Bay Preservation Area (CBPA) Board granted variance for this parcel. The intent of the meeting was to develop a project compatible with the existing topography, soils, vegetation, and drainage patterns while remaining meaningful to the building envelop granted by the CBPA Board variance. As a result of the on-going discussions, the proposed improvements deviate from said variance s defined building envelop. Deviations occur along the eastern portion of the building envelop in areas within the 50 foot seaward buffer however, landward of the top of bank feature and situated within a stable area of the site. Said placement of proposed impervious cover avoids more sensitive areas of the Resource Protection Area (RPA). In regards to the impervious cover of the site, the proposed improvements dwelling and porches, pool, patio and walkways, mechanical equipment and walls total approximately 6,601 square feet and 1,473 square feet less than the CBPA Board granted building envelope of 8,074 square feet. Staff supports these adjustments coupled with the recommended conditions below and is of the opinion that said modifications will not contribute to the degradation of water quality or prove detrimental to resource protection area features. Recommended Conditions 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. Wire reinforced 36 inch silt fence, for erosion and sedimentation control measures, shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed as delineated per the CBPA Variance Exhibit. Angela and Skylar Thomas Bates Agenda Item 5 Page 59

62 5. Construction limits shall be contained within the limits of the delineated silt fence per the CBPA Variance Exhibit. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf litter) left intact. Said condition shall be so noted on the site plan. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3 to 1 ratio for all unauthorized (damaged or removed) vegetation impacts. 7. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 8. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 9. No portion of the proposed gravel or concrete driveway shall be within the 50 foot seaward portion of the Resource Protection Area (RPA) buffer. 10. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 11. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. To a reasonable extent, buffer restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers and be applied to areas devoid of a forest layer(s) ((i.e. canopy layer, understory tree layer, understory shrub layer (large to small), herbaceous layer, etc.)). The restoration shall be installed beginning in the seaward portion of the buffer, progress landward, and shall have a mulch layer of organic material 4 inches to 6 inches in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50 percent deciduous and 50 percent evergreen species and shall be evenly distributed within the RPA buffer. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In addition, any shoreline abatement initiatives which would involve a living shoreline may be a component of the subject buffer restoration. 12. Mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 13. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 14. No perimeter fill is authorized outboard or seaward of the proposed improvements. 15. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $3, and is based on 25 percent of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the Angela and Skylar Thomas Bates Agenda Item 5 Page 60

63 equivalent of an approximate 3,540 square foot, 12 inch deep oyster shell plant within the Lynnhaven River Basin. 16. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 17. This variance and associated conditions will supersede the conditions of the Board variance granted August 28, 1995 specific to this lot only. 18. The conditions and approval associated with this variance are based on the exhibit plan dated November 4, 2014, prepared by WP Large, signed December 2, 2016 by Eric Garner with a revision date of December 2, The conditions and approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. Angela and Skylar Thomas Bates Agenda Item 5 Page 61

64 Site Aerial Angela and Skylar Thomas Bates Agenda Item 5 Page 62

65 CBPA Exhibit Parcel A-1 Layout Angela and Skylar Thomas Bates Agenda Item 5 Page 63

66 CBPA Exhibit Existing Conditions Angela and Skylar Thomas Bates Agenda Item 5 Page 64

67 CBPA Exhibit Proposed Improvements Angela and Skylar Thomas Bates Agenda Item 5 Page 65

68 CBPA Exhibit 1995 Building Envelop Overlay Angela and Skylar Thomas Bates Agenda Item 5 Page 66

69 Disclosure Statement Angela and Skylar Thomas Bates Agenda Item 5 Page 67

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77 Applicant George Vanhouten Address 940 Hurds Road Public Hearing December 21, 2016 City Council District Lynnhaven Agenda Item 6 Applicant s Agent Billy Garrington Staff Planner PJ Scully Lot Recordation 6/7/1968 Map Book 75, Page 46 GPIN SITE AREA 43,427 square feet or acres SITE AREA OUTSIDE OF WATER/WETLANDS 36,992.5 square feet or acres EXISTING IMPERVIOUS COVER OF SITE 8,859.7 square feet or 24% of site PROPOSED IMPERVIOUS COVER OF SITE 10,196.6 square feet or 27.6% of site Area of Redevelopment in RPA 60.8 square feet Area of New Development in RPA 1,393.4 square feet Location of Proposed Impervious Cover 50 Seaward Buffer 50 Landward Buffer 100 Variable Width Buffer AMOUNT OF LAND DISTURBANCE Greater than 2,500 square feet George Vanhouten Agenda Item 6 Page 75

78 Summary of Proposal Demolition Details Concrete sidewalks Wood border along planting beds Construction Details Concrete sidewalk 2 total Concrete pool deck expansion Concrete driveway expansion Retaining walls 3 total Fill material 95 cubic yards Riprap swale Fountain and storm drain system plastic pipe and catch basins CBPA Ordinance Variance History No prior variance history Environmental Conditions Flood Zone X and AE Base Flood Elevation (BFE): 8 Soil Type(s) State Series (deep, well-drained soils) located above the top of bank Rumford Series (highly erodible soils) located below the top of bank Shoreline Shoreline is in a natural state. Lower portions of the rear yard, areas below the 2 foot contour and currently being maintained as turf appear to be mown marsh. Said area would be better suited to be maintained as a no mow area thus allowing the marsh to recolonize. Riparian Buffer Sparsely to moderately wooded Number of existing canopy trees requested for removal within the RPA: 1 Number of existing understory trees requested for removal within the RPA: 0 Evaluation of existing tree removal request: Staff has some concern with the long term viability of 3 mature canopy trees within the limits of the proposed fill areas. Analysis of existing to proposed grade elevations indicate the potential for 3 to 6 inches of fill within the critical root zone of said canopy trees. In addition 2 trees are within 10 feet of the proposed retaining wall with the potential to further compromise the root zone of said canopy trees with the excavation for the proposed retaining wall footers or aggregate sub-base. George Vanhouten Agenda Item 6 Page 76

79 Evaluation and Recommendation The applicant has expressed concern regarding the current drainage pattern of the parcel. Rainwater drains from the front to the rear of the property and impacts the foundation of the residence. Signs of rainwater entering the crawl space of the residence was present during Staff s site visit. As such, Staff supports the efforts presented by the applicant to address the foundation drainage issues. The rear portion of the property is moderately shaded by mature canopy cover. Minor signs of erosion are present through the center of and along the southern portion of the parcel. The most severe channelization of stormwater runoff is occurring along the southern property line with portions of the existing concrete pool patio undermined 4 to 6 inches. At this time, no major signs of structural failure is present within the area of the concrete pool patio. Staff met with the applicant and applicant s agent after reviewing the submitted request to discuss the intent of the Chesapeake Bay Preservation Area (CBPA) Ordinance in relation to the applicant s desire of redeveloping the parcel. At that meeting, Staff expressed the following concerns: The extent of encroachment into the 50 foot seaward buffer, specifically the location of the proposed concrete pool deck, retaining wall and amount of associated backfill. The overall increase in impervious cover relative to the minimum necessary to afford relief, specifically the size of the proposed concrete pool deck (14 foot wide expansion) and front sidewalk (3 ½ foot wide expansion). The necessity for the extent of fill (approximately 360 cubic yards) relative to addressing the slope of the rear yard in an attempt to reduce erosion and control sedimentation. Since said meeting, the following revisions have been made to this request: The proposed retaining wall and associated fill within the 50 foot seaward buffer have been reduced and relocated landward approximately 20 feet. The width of the proposed concrete pool deck expansion reduced by 8 feet with no encroachment proposed within the 50 foot seaward buffer. The width of the proposed front sidewalk reduced by 18 inches. The amount of proposed fill reduced from approximately 360 cubic yards to 95 cubic yards. Given the grade of the existing slope, presence of erosion occurring, condition of existing vegetation and underlying soil conditions Staff supports this request s use of a terrace retaining wall system contingent upon vegetating the disturbed areas with buffer restoration to maximize erosion and sedimentation control benefits and stormwater infiltration. Staff recommends approval of this application subject to the following recommended conditions. Recommended Conditions 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. Said areas of land disturbance shall be quantified on revised site plan submittals. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the site plan. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. George Vanhouten Agenda Item 6 Page 77

80 4. Wire reinforced 36 inch silt fence, for erosion and sedimentation control measures, shall be installed prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed as delineated per the CBPA Variance Exhibit. 5. Construction limits shall be contained within the limits of the delineated silt fence per the CBPA Variance Exhibit. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3 to 1 ratio for all unauthorized (damaged or removed) vegetation impacts. 7. Prior to clearing, grading, demolition or construction, suitable protective barriers, such as safety fencing, shall be erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 8. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 9. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 10. A site plan shall be submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 11. Submitted concurrent with the site plan shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the buffer restoration requirements. The planting / buffer restoration plan shall clearly delineate existing naturalized area (forest floor), planting beds, turf zones and areas of shoreline vegetation to be managed permitting sunlight to interface with tidal fringe marsh. 12. Buffer restoration shall be installed equal to 200 percent of the proposed new impervious cover within the RPA: 1393 square feet x 200 percent = 2,786 square feet. Said restoration shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Department of Conservation & Recreation, Chesapeake Bay Local Assistance to the greatest extent practicable. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf. The restoration shall be installed beginning in the seaward portion of the buffer and progressing landward and shall have a mulch layer of organic material 4 to 6 inches in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of approximately 50 percent deciduous and 50 percent evergreen species and shall be evenly distributed within the RPA buffer. Canopy trees shall not be planted below the 3 foot contour to prevent future marsh shading. Salt and flood tolerant plant species shall be planted below the 5 foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. George Vanhouten Agenda Item 6 Page 78

81 13. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $ and is based on 25 percent of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 348 square foot, 12 inch deep oyster shell plant within the Lynnhaven River Basin. 14. The conditions and approval associated with this variance are based on the exhibit plan dated September 29, 2016 with a revision date of December 8, 2016 prepared by Gallup Surveyors and Engineers, signed December 8, 2016 by Bruce Gallup. The conditions and approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** NOTE: The amount to be paid into the Lynnhaven River Oyster Heritage Fund may change based on the square footage of impervious cover shown on the final submitted site plan. ***NOTE: The applicant is responsible for removal of the Chesapeake Bay Preservation Area Variance Signs posted on the property. Said signs shall be removed within 5 days after the Board renders a final decision on the variance request. Failure to remove the signs within 5 days is a violation of Section 113(E) of the Chesapeake Bay Preservation Area Ordinance. George Vanhouten Agenda Item 6 Page 79

82 Site Aerial George Vanhouten Agenda Item 6 Page 80

83 CBPA Exhibit Existing Conditions George Vanhouten Agenda Item 6 Page 81

84 CBPA Exhibit Proposed Improvements George Vanhouten Agenda Item 6 Page 82

85 Disclosure Statement George Vanhouten Agenda Item 6 Page 83

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93 Property Owner Kenneth and Judith Thrasher Address 2101 Pallets Court Public Hearing December 21, 2016 City Council District Beach Agenda Item 7 Property Owner s Agent Kenneth Thrasher Staff Planner PJ Scully Lot Recordation 2/12/1960 Map Book 49, Page 12 Lot Description Point O Woods, Sec. 1, Lot 21, Blk Pallets Court GPIN Current Property Owner Kenneth and Judith Thrasher DESCRIPTION OF NONCOMPLIANCE Unauthorized Improvements Wood retaining wall approximately 24 inches in height with associated backfill Location of Unauthorized Improvements 50 Landward Buffer CBPA Ordinance The unauthorized improvements constitutes a noncompliance to Section 106 of the Chesapeake Bay Preservation Area Ordinance. AMOUNT OF LAND DISTURBANCE Less than 2,500 square feet Kenneth and Judith Thrasher Agenda Item 7 Page 91

94 CBPA Ordinance Variance History No prior variance history History of Noncompliance To staff s knowledge, Kenneth and Judith Thrasher have no history of noncompliance with the Chesapeake Bay Preservation Area Board beyond the aforementioned description of noncompliance. Chronology of Noncompliant Event October 19, 2016 November 1, 2016 November 9, 2016 November 14, 2016 November 29, 2016 November 30, 2016 Staff received a citizen inquiry regarding construction activity occurring at site. Staff sent a notice to comply letter to the property owner. Said letter served as 60 day written notice to remove the unauthorized improvements wood retaining wall and placement of material, and to restore said area to its natural condition. Staff received an from the property owner stating they were surprised to learn that their project at 2101 Pallets Court violated city planning ordinances. They are embarrassed by this and apologize for this situation. Staff spoke to the contractor regarding the unauthorized improvements at 2101 Pallets Court. The contractor was unaware that a variance to the Chesapeake Bay Preservation Area (CBPA) Ordinance was needed and informed Staff that he contacted the city regarding permit requirements for the construction of a retaining walls within the city. Staff spoke with the property owner regarding the unauthorized improvements and the necessity to proceed through the Show Cause process if the unauthorized improvements are not removed and the site restored to its natural state. Staff sent written notice to the property owner and contractor to appear before the Chesapeake Bay Preservation Area Board at the public hearing scheduled for Wednesday, December 21, 2016 for a show cause hearing. Evaluation and Recommendation Relative Degree of Deviation The subject activity of noncompliance, construction of a wood retaining wall approximately 24 inches in height with associated backfill was performed without approval from the Chesapeake Bay Preservation Area Board. Land disturbance associated with the unauthorized improvements is less than 2,500 square feet. Environmental Impact The subject area of noncompliance lies within the 50 foot landward portions of the Chesapeake Bay Preservation Area (CBPA) Resource Protection Area (RPA) buffer adjacent to tidal marsh. Kenneth and Judith Thrasher Agenda Item 7 Page 92

95 No canopy trees were removed associated with the subject activity of noncompliance, limits of construction do not appear to have disturbed a substantial area of existing forest floor, and no signs of erosion or sediment migration into the adjacent tidal marsh were present when staff visited the site. Stormwater runoff has been modified by the subject activity of noncompliance. Existing downspouts have been channelized using corrugated drainpipe and discharge at the toe of slope directly into the existing tidal marsh. Backfill placed behind the unauthorized wood retaining wall is approximately 24 inches in depth at the wood retaining wall and proceeds landward, approximately 12 to 15 feet until existing grade is met. No other naturalized areas in the rear yard were modified. Areas of land disturbance associated with the unauthorized backfill have been stabilized with seed. Recommendation It is the opinion of the Department of Planning and Community Development that the degree of deviation or noncompliance has been low and the environmental impact has been low. Kenneth and Judith Thrasher Agenda Item 7 Page 93

96 Site Aerial Kenneth and Judith Thrasher Agenda Item 7 Page 94

97 Site Aerial East View Kenneth and Judith Thrasher Agenda Item 7 Page 95

98 Exhibit Approximate Area of Unauthorized Improvements Kenneth and Judith Thrasher Agenda Item 7 Page 96

99 Contractor Hale Bulkheading Inc., Fred Hale Address 2101 Pallets Court Public Hearing December 21, 2016 City Council District Beach Agenda Item 8 Contractor s Agent Fred Hale Staff Planner PJ Scully Lot Recordation 2/12/1960 Map Book 49, Page 12 Lot Description Point O Woods, Sec. 1, Lot 21, Blk Pallets Court GPIN Current Property Owner Kenneth and Judith Thrasher DESCRIPTION OF NONCOMPLIANCE Unauthorized Improvements Wood retaining wall approximately 24 inches in height with associated backfill Location of Unauthorized Improvements 50 Landward Buffer CBPA Ordinance The unauthorized improvements constitutes a noncompliance to Section 106 of the Chesapeake Bay Preservation Area Ordinance. AMOUNT OF LAND DISTURBANCE Less than 2,500 square feet Hale Bulkheading Inc., Fred Hale Agenda Item 8 Page 97

100 CBPA Ordinance Variance History No prior variance history History of Noncompliance To staff s knowledge, Hale Bulkheading Inc., Fred Hale has no history of noncompliance with the Chesapeake Bay Preservation Area Board beyond the aforementioned description of noncompliance. Chronology of Noncompliant Event October 19, 2016 November 1, 2016 November 9, 2016 November 14, 2016 November 29, 2016 November 30, 2016 Staff received a citizen inquiry regarding construction activity occurring at site. Staff sent a notice to comply letter to the property owner. Said letter served as 60 day written notice to remove the unauthorized improvements wood retaining wall and placement of material, and to restore said area to its natural condition. Staff received an from the property owner stating they were surprised to learn that their project at 2101 Pallets Court violated city planning ordinances. They are embarrassed by this and apologize for this situation. Staff spoke to the contractor regarding the unauthorized improvements at 2101 Pallets Court. The contractor was unaware that a variance to the Chesapeake Bay Preservation Area (CBPA) Ordinance was needed and informed Staff that he contacted the city regarding permit requirements for the construction of a retaining walls within the city. Staff spoke with the property owner regarding the unauthorized improvements and the necessity to proceed through the Show Cause process if the unauthorized improvements are not removed and the site restored to its natural state. Staff sent written notice to the property owner and contractor to appear before the Chesapeake Bay Preservation Area Board at the public hearing scheduled for Wednesday, December 21, 2016 for a show cause hearing. Evaluation and Recommendation Relative Degree of Deviation The subject activity of noncompliance, construction of a wood retaining wall approximately 24 inches in height with associated backfill was performed without approval from the Chesapeake Bay Preservation Area Board. Land disturbance associated with the unauthorized improvements is less than 2,500 square feet. Environmental Impact The subject area of noncompliance lies within the 50 foot landward portions of the Chesapeake Bay Preservation Area (CBPA) Resource Protection Area (RPA) buffer adjacent to tidal marsh. Hale Bulkheading Inc., Fred Hale Agenda Item 8 Page 98

101 No canopy trees were removed associated with the subject activity of noncompliance, limits of construction do not appear to have disturbed a substantial area of existing forest floor, and no signs of erosion or sediment migration into the adjacent tidal marsh were present when staff visited the site. Stormwater runoff has been modified by the subject activity of noncompliance. Existing downspouts have been channelized using corrugated drainpipe and discharge at the toe of slope directly into the existing tidal marsh. Backfill placed behind the unauthorized wood retaining wall is approximately 24 inches in depth at the wood retaining wall and proceeds landward, approximately 12 to 15 feet until existing grade is met. No other naturalized areas in the rear yard were modified. Areas of land disturbance associated with the unauthorized backfill have been stabilized with seed. Recommendation It is the opinion of the Department of Planning and Community Development that the degree of deviation or noncompliance has been medium and the environmental impact has been low. Hale Bulkheading Inc., Fred Hale Agenda Item 8 Page 99

102 Site Aerial Hale Bulkheading Inc., Fred Hale Agenda Item 8 Page 100

103 Site Aerial East View Hale Bulkheading Inc., Fred Hale Agenda Item 8 Page 101

104 Exhibit Approximate Area of Unauthorized Improvements Hale Bulkheading Inc., Fred Hale Agenda Item 8 Page 102