CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING

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2 CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on Monday, November 24, 2014 at 10:00 a.m. in the City Council Chambers, Virginia Beach Municipal Center, Virginia Beach, Virginia. An informal session is held at 9:00 a.m. in the City Council Chambers 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 Chambers. 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. 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. The staff reviews of some or all of the items on this agenda and offer certain conditions 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 the conditions that will ultimately be attached to the project. Staff agencies may impose further conditions and requirements during administration of applicable city ordinances. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Planning Department at Richard Scarper Planning Department

3 November 24, 2014 CBPA Agenda TABLE OF CONTENTS NEW BUSINESS: 1. OCEAN RENTAL PROPERTIES, LLC th Street 2. HANES PROPERTIES VIRGINIA, LLC th Street 3. DAVID KELLY S. Spigel Drive 4. MICHAEL SCOTT NIBLO E. Admiral Drive 5. SONG JIAN CHEN Copper Kettle Drive 6. JOSEPH BENEDETTO White Acres Road 7. ISABEL & WILLIAM FLY FAMILY TRUST Hermitage Point 8. JOSEPH GILBERT Back Cove Road NEXT CBPA PUBLIC HEARING DATE FRIDAY, DECEMBER 19 th Chesapeake Bay Preservation Area Board Public Hearing dates. Monday January 26 Monday February 23 Monday March 23 Monday April 27 Thursday May 21 Monday June 22 Monday July 27 Monday August 24 Monday September 28 Monday October 26 Monday November 23 Tuesday December 22

4 Revised Plans and Correspondences 30 DAY DEFERRALS For 30 day deferrals revised plans and any correspondence to be distributed to Board members for items to be heard at the FRIDAY, December 19, 2014 Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. on Monday, December 1, Please provide the following: 15 copies of revised plans 3 copies of the CBPA application 3 copies of the Water Quality Impact Assessment (WQIA) 60 DAY DEFERRALS For 60 day deferrals revised plans and any correspondence to be distributed to Board members for items to be heard at the Monday, January 26, 2015 Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. on Monday December 29, Please provide the following: 15 copies of revised plans 3 copies of the CBPA application 3 copies of the Water Quality Impact Assessment (WQIA) Please note that if any additional correspondences for distribution to Board members are required than 15 copies of each correspondence must be provided. Please note that if any additional correspondences for distribution to Board members are required than 15 copies of each correspondence must be provided.

5 Resources The following resources are provided for information use: City of Virginia Beach Environment and Sustainability Office Website City of Virginia Beach Chesapeake Bay Preservation Area Board Website City of Virginia Beach Wetland Boards Website City of Virginia Beach City of Virginia Beach Map City of Virginia Beach Development Services Center Center for Coastal Resource Management CCRMP Map Viewer Center for Coastal Resource Management Sea Level Rise Map Viewer

6 Ocean Rental Properties, LLC 1. Ocean Rental Properties, LLC TH Street GPIN ; Beach District Applicant Agent: Eddie Bourdon, Agent; Sykes, Bourdon, Ahern & Levy P.C. SUMMARY OF PROPOSAL: Existing Impervious Cover: x -or- x Demolition of: Existing structure on lots 27A and 25A for future development, Phase 2 (II) Plan. Proposed Impervious Cover: x -or- x New Impervious Cover in the RPA - Redevelopment in the RPA - Construction of: Two (2) proposed two-story residences on lot 29A, Phase 1 (I) Plan. Four (4) proposed two-story residences on lots 27A and 25A, Phase 2 (II) Plan. Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer, Landward 50 foot buffer, Variable Width 100 foot buffer of the Resource Protection Area (RPA), and Resource Management Area (RMA) Land Disturbance Amount: >2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer, Landward 50 foot buffer, Variable Width 100 foot buffer of the Resource Protection Area (RPA), and Resource Management Area (RMA) ENVIRONMENTAL ANALYSIS: Soil Type(s): Rappahannock Series Soils (deep and poorly drained). Soil is formed from partially decomposed organic materials and strata of loamy marine and fluvial sediments. Soils are in tidal marshes on the lower part of the Coastal Plain. Soils can be flooded daily with saline water and support marsh vegetation. Udorthents Soil Series (well drained and moderately well drained). Soil consists of areas where the natural soil has been altered by excavation or covered by earthy fill materials. OCEAN RENTAL PROPERTIES, L.L.C. Page 1

7 Ocean Rental Properties, LLC Condition of Riparian Buffer: The parcel is sparsely wooded with marsh shading occurring along the shoreline. Existing canopy trees and understory vegetation appears to be healthy. All trees to be removed. Means of Riparian Buffer Restoration: None shown. Condition of Shoreline: Retaining wall and backfill proposed adjacent to existing marsh feature to elevate grade of lots. The existing grade is shallow and transitions into existing grade of adjacent marsh. Flood Zone: Zone AE, 7.0 Base Flood Elevation (BFE). Stormwater Run-off: Means of Stormwater Management: None shown. HISTORY OF PROPERTY: Lot Recorded: Map Book 5, Page 103 6/4/15 EVALUATION AND CONDITIONS: The applicant s agent has requested a 60 deferral. Staff supports the request. OCEAN RENTAL PROPERTIES, L.L.C. Page 2

8 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 3

9 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 4

10 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 5

11 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 6

12 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 7

13 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 8

14 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 9

15 Ocean Rental Properties, LLC OCEAN RENTAL PROPERTIES, L.L.C. Page 10

16 Ocean Rental Properties, LLC PHASE 1 (I) PLAN OCEAN RENTAL PROPERTIES, L.L.C. Page 11

17 Ocean Rental Properties, LLC PHASE 2 (II) PLAN OCEAN RENTAL PROPERTIES, L.L.C. Page 12

18 Hanes Properties Virginia, LLC 2. Hanes Properties Virginia, LLC th Street GPIN Lynnhaven District Applicant Agent: Eddie Bourdon, Agent; Sykes, Bourdon, Ahern & Levy P.C. SUMMARY OF PROPOSAL: Existing Impervious Cover: 0% of site -or- 0 square feet Proposed Impervious Cover: 17.5% of site -or- 2,403 square feet New Impervious Cover in the RPA 2,403 square feet Redevelopment in the RPA 0 square feet Construction of: Open-pile structure residence with concrete driveway. Area under structure to park. Four (4) foot wide mulch path with stepping stones. Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer, Landward 50 foot buffer, and Resource Management Area (RMA) Land Disturbance Amount: >2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer, Landward 50 foot buffer, and Resource Management Area (RMA) ENVIRONMENTAL ANALYSIS: Soil Type(s): Psamments Series Soils (moderately well drained material, disturbed from excavation) Condition of Riparian Buffer: The parcel is heavily wooded with marsh shading occurring along the shoreline. Existing canopy trees and understory vegetation appears to be healthy. 25 trees to be removed Means of Riparian Buffer Restoration: None shown HANES PROPERTIES VIRGINIA, LLC Page 13

19 Hanes Properties Virginia, LLC Condition of Shoreline: No method of abetment proposed, marsh shading occurring along the shoreline. Flood Zone: Zone AE, 7.0 Base Flood Elevation (BFE), Floodway - not present on site. Stormwater Run-off: Stormwater run-off flows from the front of the property to the rear. Existing soils are moderately well drained and coupled with the existing canopy cover rainfall is intercepted and infiltrated on the lot. The parcel is impacted by tidal flooding during sever storm events. Means of Stormwater Management: Bioretention HISTORY OF PROPERTY: Lot Recorded: Map Book 77, Page 29 10/15/68 EVALUATION AND CONDITIONS: Due to the existing elevations and proximity to the shoreline, the introduction of fill to the lot would compromise the intrinsic water quality value by interrupting the ecological and biological processes the lot currently performs. Staff met with the applicant and applicant s agent to discuss the proposed improvements. Staff disclosed that a conventional residential building approach consistent with the style of the neighborhood would not be supported. In response to staffs concerns, the applicant has designed the residence to be an open-pile structure with on-site understory parking. The applicant adheres to the front yard setback thereby minimizing displacement of natural resources in the rear of the property. The following conditions are offered for Board consideration should the variance be approved: Standard Site 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. HANES PROPERTIES VIRGINIA, LLC Page 14

20 Hanes Properties Virginia, LLC 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 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 10 feet from proposed improvements. 5. Construction limits shall lie a maximum of 10' 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. 6. 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. 7. For all areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 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. Site Specific Conditions: 9. 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. 10. 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. 11. *Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. HANES PROPERTIES VIRGINIA, LLC Page 15

21 Hanes Properties Virginia, LLC 12. Due to the limited lot size above water, marsh, & wetlands the remainder of the lot shall be devoted to buffer restoration. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (2,403 sq. ft. x 200% = 4,806 sq. ft.) and shall achieve the full complement of vegetation. The required restoration shall be located in the Resource Protection Area, and plant quantities utilized to infill the existing vegetated buffer in areas devoid of understory vegetation. 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 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 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. 13. No perimeter fill is authorized outboard or seaward of the proposed improvements. 14. Revised site plan shall identify a contractor parking area during the construction of the residence. There shall be no contractor parking outboard of the limits of construction. Revise the sequence of events for construction accordingly. 15. On-grade impervious cover, exclusive of the open-pile residence shall be limited to the proposed driveway and walkway, area of parking under the structure, and the stepping stone walkway to the water. 16. **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% of the proposed impervious cover. Said payment shall provide for the equivalent of an approximate 600 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 17. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 18. The conditions and approval associated with this variance are based on the exhibit plan dated October 3, 2014, prepared by Gallup Surveyors and Engineers, signed October 6, 2014 by David Butler. Deviation from said exhibit plan may require re-submittal for Board consideration. HANES PROPERTIES VIRGINIA, LLC Page 16

22 Hanes Properties Virginia, LLC * NOTE: Staff is of the opinion given the elevation of the lot, tidal influence of adjacent waterway, and elevation of groundwater the use of a permeable paver driveway and rainwater harvesting of the proposed structure shall be installed as components of compliance with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. ** 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. ****NOTE: Please be advised that the Development Services Center (DSC) and Permits and Inspections (P&I) may require additional information during the site plan submittal process. HANES PROPERTIES VIRGINIA, LLC Page 17

23 Hanes Properties Virginia, LLC HANES PROPERTIES VIRGINIA, LLC Page 18

24 Hanes Properties Virginia, LLC HANES PROPERTIES VIRGINIA, LLC Page 19

25 Hanes Properties Virginia, LLC HANES PROPERTIES VIRGINIA, LLC Page 20

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31 Hanes Properties Virginia, LLC HANES PROPERTIES VIRGINIA, LLC Page 26

32 David Kelly 3. David Kelly 805 South Spigel Drive GPIN Lynnhaven District Applicant Agent: Billy Garrington, Governmental Permitting Consultant SUMMARY OF PROPOSAL: Existing Impervious Cover: 20.6% of site -or- 6,143 square feet Demolition of: Porch, walkways and deck. Play equipment and shed in the 50 foot seaward buffer Proposed Impervious Cover: 29.7% of site -or- 8,856 square feet New Impervious Cover in the RPA 3,829 square feet Redevelopment in the RPA 887 square feet Construction of: Concrete driveway addition and walkways. Wood deck Swimming pool with associated retaining wall and stone terrace. Stepping stone walkway, stone patio and fire pit area. Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer, Landward 50 foot buffer, Variable Width 100 foot buffer of the Resource Protection Area (RPA). Land Disturbance Amount: >2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer, Landward 50 foot buffer, Variable Width 100 foot buffer of the Resource Protection Area (RPA), and Resource Management Area (RMA) ENVIRONMENTAL ANALYSIS: Soil Type(s): Rumford Series Soils (highly erodible) located below the top of bank. Yeopim Series Soils (deep, moderately well drained) located above the top of bank. DAVID KELLY Page 27

33 David Kelly Condition of Riparian Buffer: The parcel is sparsely wooded. Existing canopy trees and understory vegetation appears to be healthy. 6 trees to be removed. Revised plan submitted proposing an additional 10 trees to be removed. Arborist report provided. Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover Standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Condition of Shoreline: No method of abetment proposed, a minor scarp is present due to tidal fluctuation present along point. The Center for Coastal Resource Management (CCRMP) evaluates the existing property as an area for potential enhancement / integration to the existing riparian buffer/marsh buffer. Flood Zone: Zone AE, 7.0 Base Flood Elevation (BFE) Stormwater Run-off: Means of Stormwater Management: Bioretention planting bed for proposed areas of redevelopment HISTORY OF PROPERTY: Lot Recorded: Map Book 27, Page 13 3/5/52 EVALUATION AND CONDITIONS: The applicant s agent should be commended for providing relevant information towards the restoration of the site by incorporating existing planting beds areas into required buffer restoration areas. However, clarification of hazardous, yet healthy trees and striking distances to existing residence should be discussed in more detail. The removal of healthy trees should be a last resort action in-lieu of riparian buffer management. Important to this site and several other parcels within the city is the expansion of restoration beyond that typical of strictly addressing upland conditions. With the presence of a minor scarp at the toe of the slope and existing grades in the rear yard being moderate, potential exist to restore and promote the intrinsic water quality value of the Lynnhaven River by addressing processes where upland conditions meet tidal conditions. Addressing the scarp by grading the DAVID KELLY Page 28

34 David Kelly bank, maintaining and enhancing the existing marsh, and transitioning into the integration of upland planting would promote the ecological and biological processes of the Lynnhaven River. The following conditions are offered for Board consideration should the variance be approved: Standard Site 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 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 proposed improvements. 5. Construction limits shall lie a maximum of 15' seaward of improvements. 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. 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. 7. 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. Site Specific Conditions: 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. DAVID KELLY Page 29

35 David Kelly 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. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 11. For all trees outboard of the limits of construction requested to be removed, replacement shall be provided at a 3:1 ratio. 12. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (3,829 sq. ft. x 200% = 7,658 sq. ft.) 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 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 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 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. 13. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (887 sq. ft. x 100% = 887 sq. ft.) 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 located within 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 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 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 DAVID KELLY Page 30

36 David Kelly shoreline structures. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redeveloped areas, a 10% reduction in pollutant removal load is acceptable via a structural best management practices (BMP). 14. A means or method to abate the ongoing shoreline erosion shall be addressed on the submitted site plan. A Joint Permit Application (JPA) may be required. Said erosion abatement shall be completed prior to the release of the final building permit. 15. The pool shape, size, and location shall be as shown on the submitted exhibit/site plan. 16. The pool shall be constructed prior to or concurrent with the other proposed improvements exclusive of the proposed concrete driveway addition. 17. Under deck treatment of sand and gravel shall be installed. 18. No perimeter fill is authorized outboard or seaward of the proposed improvements. 19. **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% of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 957 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 20. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 21. The conditions and approval associated with this variance are based on the exhibit plan dated August 11, 2014, prepared by WP Large, signed October 6, 2014 by Eric Garner. Deviation from said exhibit plan may require re-submittal for Board consideration. ** 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. ****NOTE: Please be advised that the Development Services Center (DSC) and Permits and Inspections (P&I) may require additional information during the site plan submittal process. DAVID KELLY Page 31

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48 Michael Scott Niblo 4. Michael Scott Niblo 2120 E. Admiral Drive GPIN Lynnhaven District Applicant Agent: Billy Garrington, Governmental Permitting Consultant SUMMARY OF PROPOSAL: Existing Impervious Cover: Demolition of: Shed and portion of concrete walkway. 27.5% of site -or- 4,580 square feet Proposed Impervious Cover: 32.7% of site -or- 5,450 square feet New Impervious Cover in the RPA 870 square feet Redevelopment in the RPA 0 square feet Construction of: Swimming pool, associated pool patio, and equipment pad. Location of Proposed Impervious Cover: Within the Landward 50 foot buffer and Variable Width 100 foot buffer of the Resource Protection Area (RPA). Land Disturbance Amount: <2,500 square feet Location of Land Disturbance: Within the Landward 50 foot buffer and Variable Width 100 foot buffer of the Resource Protection Area (RPA). ENVIRONMENTAL ANALYSIS: Soil Type(s): Psamments Series Soils (Well drained and moderately well drained, sandy material that has been distributed during excavation, grading, or filling. Many of the fill areas within this soil series consist of stockpile materials from dredge operations.). Condition of Riparian Buffer: The parcel is sparsely wooded. Existing canopy trees and understory vegetation appears to be healthy. 0 trees to be removed MICHAEL SCOTT NIBLO Page 43

49 Michael Scott Niblo Means of Riparian Buffer Restoration: 1,978 sq. ft. of buffer restoration proffered (1,740 sq. ft. required at 200 percent of proposed new impervious cover). Condition of Shoreline: Shoreline is hardened with a bulkhead. No signs of bulkhead failure or loss of back fill. Flood Zone: Zone AE, 7.0 Base Flood Elevation (BFE). Stormwater Run-off: Stormwater run-off flows from the front of the property to the street and from the rear of the property to the adjacent canal. Means of Stormwater Management: Bioretention planting bed HISTORY OF PROPERTY: Lot Recorded: Map Book 62, Page 30 10/15/68 Previous Variance(s) to the Chesapeake Bay Preservation Area Ordinance: An administrative variance was granted May 1, 2012 for the construction of an addition to the primary structure over an existing patio: 1. A reduction of 10 percent for pollutant loading is required as a result of this project. One of two options may be utilized bioretention planting bed BMP or buffer restoration in the amount of 100 percent of the redevelopment area. EVALUATION AND CONDITIONS: Proposed improvements introduce 870 square feet of new impervious cover within the 50 foot landward buffer and increase the post-impervious cover of the parcel to 32.7 percent. Although the proposed impervious cover is landward of the 50 foot seaward buffer the overall impervious cover of the site coupled with the location of the buffer restoration does not address water quality. The intent of the Chesapeake Bay Preservation Area Ordinance is to minimize impervious cover and promote infiltration of stormwater into the ground. Moreover, buffer restoration is to be located within the 50 foot seaward buffer and progress landward. Staff if of the opinion, that all required buffer restoration can and should be located within the 50 foot seaward buffer. Accordingly, sediments and pollutants associated with stormwater run-off will be assimilated prior to reaching the adjacent tidal features. MICHAEL SCOTT NIBLO Page 44

50 Michael Scott Niblo The following conditions are offered for Board consideration should the variance be approved: Standard Site 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 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 10 feet from proposed improvements and outside of the 50 foot seaward buffer delineation. 5. Construction limits shall lie a maximum of 10' seaward of improvements and outside of the 50 foot seaward buffer delineation. 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. 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. 7. 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. Site Specific Conditions: 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. MICHAEL SCOTT NIBLO Page 45

51 Michael Scott Niblo 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. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 11. The conditions of the existing Chesapeake Bay Preservation Area (CBPA) administrative variance, specifically the required buffer restoration and stormwater management facilities shall be documented on the revised site plan. Documentation shall describe the health and functionality of said requirements. Prior restoration requirements shall be installed if not present ,978 square feet of buffer restoration shall be installed within the RPA. Said buffer 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 Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. 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 in the seaward portion of the buffer 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 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. 13. The pool shape, size, and location shall be as shown on the submitted exhibit/site plan. 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 $ and is based on 25% of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 217 sq. ft., 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. MICHAEL SCOTT NIBLO Page 46

52 Michael Scott Niblo 17. The conditions and approval associated with this variance are based on the exhibit plan dated October 3, 2014, prepared by Siska Aurand, signed October 3, 2014 by C. Douglas Aurand. Deviation from said exhibit plan may require re-submittal for Board consideration. ** 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. ****NOTE: Please be advised that the Development Services Center (DSC) and Permits and Inspections (P&I) may require additional information during the site plan submittal process. MICHAEL SCOTT NIBLO Page 47

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61 Song Jian Chen 5. Song Jian Chen 668 Copper Kettle Drive GPIN Kempsville District Applicant Agent: Song Jian Chen Small Project in the RPA SUMMARY OF PROPOSAL: Proposed Impervious Cover: New Impervious Cover in the RPA Redevelopment in the RPA Construction of: Wood deck. 166 square feet 120 square feet Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer of the Resource Protection Area (RPA) Land Disturbance Amount: <2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer of the Resource Protection Area (RPA) ENVIRONMENTAL ANALYSIS: Soil Type(s): Munden-Urban Series Soils (deep, nearly level, moderately well-drained). Udorthents Series Soils (moderately well-drained soils altered by excavation). Condition of Riparian Buffer: The parcel is not wooded. 0 trees to be removed Means of Riparian Buffer Restoration: Two (2) trees and three (3) shrubs. Condition of Shoreline: No method of abetment proposed. Existing shoreline is hardened by concrete rubble. SONG JIAN CHEN Page 56

62 Song Jian Chen Flood Zone: Zone AE, 8.0 Base Flood Elevation (BFE), Floodway - not present on site. Stormwater Run-off: Stormwater sheetflows from the existing impervious cover into the adjacent tidal waters untreated. Means of Stormwater Management: None shown HISTORY OF PROPERTY: Lot Recorded: Map Book 81, Page 50 10/22/69 EVALUATION AND CONDITIONS: The proposed improvements are within the 50 foot seaward buffer of the Resource Protection Area (RPA). Although 166 square feet of new impervious cover is minimal, the proposed improvements are directly adjacent to the tidal feature. Moreover the new impervious cover would disturb a sloped area that is surprisingly stable given the condition of the hardened shoreline. Staff is of the opinion that the request is ill-advised and recommends the applicant redevelops with a wood deck that is within the footprint of the existing concrete patio permitting safe ingress/egress to the rear. The following conditions are offered for Board consideration should the variance be approved: Standard Site 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. 3. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on the CBPA exhibit. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 4. If necessary, wire reinforced 36 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 5 feet from proposed improvements. SONG JIAN CHEN Page 57

63 Song Jian Chen 5. Construction limits shall lie a maximum of 5' seaward of improvements. 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. If and when the shoreline is hardened, a rip-rap revetment or living shoreline, if applicable shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead). The toe of said rip-rap 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. Site Specific Conditions: 8. The proposed wood deck shall be constructed within the foot print of the existing concrete patio and steps. Said existing concrete patio and steps shall remain and not be removed with the construction of the wood deck. 9. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (120 sq. ft. x 100% = 120 sq. ft.) 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 located within 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 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 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. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redeveloped areas, a 10% reduction in pollutant removal load is acceptable via a structural best management practices (BMP). 10. The conditions and approval associated with this variance are based on the exhibit prepared by the applicant and presented to the Board. Said exhibit and conditions shall be submitted to the Department of Planning, Development Services Center for review and approval prior SONG JIAN CHEN Page 58

64 Song Jian Chen to the issuance of a building permit. The Development Services Center and/or Permits and Inspections may require additional information that may affect the release of a building permit. ** 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. ****NOTE: Please be advised that the Development Services Center (DSC) and Permits and Inspections (P&I) may require additional information during the site plan submittal process. SONG JIAN CHEN Page 59

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71 Joe Benedetto 6. Joe Benedetto 4183 White Acres Road GPIN Lynnhaven District Applicant Agent: Richard Bartlett, Agent; Professional Construction Consultants, L.L.C. SUMMARY OF PROPOSAL: Existing Impervious Cover: Demolition of: (complete demolition) Residence, associated walkways, and sheds. Fountain pool. Septic field and 550 gallon underground storage tank (UST). Relocate barn outside of 100 foot buffer. x -or- x Proposed Impervious Cover: x -or- x New Impervious Cover in the RPA - Redevelopment in the RPA - Construction of: Residence with swimming pool and associated retaining walls. Shed. Pervious concrete driveway at residence. Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer and Landward 50 foot buffer of the Resource Protection Area Land Disturbance Amount: >2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer and Landward 50 foot buffer of the Resource Protection Area ENVIRONMENTAL ANALYSIS: Soil Type(s): Rumford Series Soils (highly erodible) located below the top of bank. Tetotum Series Soils (deep, nearly level, moderately well drained). JOE BENEDETTO Page 66

72 Joe Benedetto Condition of Riparian Buffer: The parcel is heavily wooded with marsh shading occurring along the shoreline. Existing canopy trees and understory vegetation appears to be healthy. 2 trees to be removed Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover Standard buffer restoration for redeveloped impervious cover or substitute a 10% Condition of Shoreline: No method of abetment proposed Flood Zone: Zone AE, 8.0 Base Flood Elevation (BFE). Stormwater Run-off: Given the parcels high amount of permeable surface, mature forest floor, and substantial canopy cover the majority of rainfall is intercepted and infiltrated on the lot Means of Stormwater Management: None shown HISTORY OF PROPERTY: Lot Recorded: Instr. No /27/04 Previous Variance(s) to the Chesapeake Bay Preservation Area Ordinance: A variance was granted June 24, 2002 for a seven lot subdivision with the following conditions: 1. For proposed Lots 2 and 3, no portion of the pool shall be located within the 50' seaward portion of the buffer. The proposed pool for Lot 7 shall lie a maximum of 15 feet east of proposed improvements to the existing dwelling. In addition, said pool for Lot 7 shall lie equidistant of the top-of-banks. 2. For proposed Lot 5, no portion of any improvement (impervious cover) shall lie within the 100 foot buffer as shown on the revised site plan dated July 12, 2002 prepared by TES Inc. In addition, the driveway extension for said residence / Lot 5, shall be crush in run or equivalent. Said driveway shall be circuitous in nature within the White Acre Lane rightof-way so as to minimize the removal of any mature trees. 3. Seaward construction limits, for all proposed lots, shall lie a maximum of 15' seaward of improvements. No portion of any existing riparian forest and associated forest floor, shall JOE BENEDETTO Page 67

73 Joe Benedetto be removed seaward of said construction limits. Said condition shall be noted on each site plan. 4. Tree compensation shall be at a 1 to 1 ratio for proposed Lots 1 through 3 and 5. Compensation shall be at a 3:1 ratio for proposed lots 4, 6, and Improvements for proposed Lot 6, inclusive of the swimming pool, shall be re-located no less than 35' to the south. 6. No portion of any improvement associated with proposed Lot 7, inclusive of the swimming pool, shall lie within 50 feet of the toe-of-slope. 7. All swimming pools shall be installed prior to or concurrent with construction of the primary residences. 8. If and when the shoreline is hardened for any proposed lot, a riprap revetment shall be installed in lieu of a vertical retaining structure. 9. Buffer restoration, equal to 1 2 times proposed impervious cover, shall be provided for Lots 4, 6, and 7. A separate buffer restoration / landscape plan shall accompany said site plans. Existing forest cannot be counted towards required restoration. Restoration shall occur within those areas currently devoted to turf. Said restoration shall be installed prior to the issuance of a certificate of occupancy. 10. A temporary chain link fence shall be provided adjacent to the northern and southern limits of construction associated with proposed Lot Payment into the Lynnhaven River Oyster Heritage Fund for an area equal in size to 25% of any impervious cover encroachment into the buffer associated with the proposed lots. Payment is designed to establish the equivalent of a 12 inch deep oyster shell plant within the Lynnhaven River Basin for the 25% of displaced buffer. The formula for payment shall be total impervious cover divided by 27 = cubic yards X 15 (bushels per cubic yard) X $1.65 ( cost per bushel installed). Said payment shall be made prior to approval of any site plan. 12. All stormwater from new impervious cover shall be conveyed to structural stormwater management facilities. For Lot 7 all stormwater from existing and proposed improvements shall be conveyed to structural stormwater management facilities. 13. The size of homes and pools shall be in substantial compliance with that which was provided on the site plan dated July 12, 2002, prepared by TES, Inc. JOE BENEDETTO Page 68

74 Joe Benedetto 14. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. EVALUATION AND CONDITIONS: A 30 day deferral has been requested by the applicant s agent to coordinate submitted application with the conditions of the June 24, 2002 Chesapeake Bay Preservation Area Board variance. Staff supports the request. JOE BENEDETTO Page 69

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84 Isabel & William Fly Family Trust 7. Isabel & William Fly Family Trust 4117 Hermitage Point GPIN Bayside District Applicant Agent: Billy Garrington, Governmental Permitting Consultant SUMMARY OF PROPOSAL: *2,999 square feet of city street is within the parcel Existing Impervious Cover: Proposed Impervious Cover: *26% of site -or- *7,915 square feet *36% of site -or- *10,952 square feet IMPERVIOUS COVERS CALCULATED WITHOUT THE CITY STREET Existing Impervious Cover: 16.2% of site -or- 4,916 square feet Demolition of: (complete demolition) Existing residence and associated accessory structures, driveway, and shed. Proposed Impervious Cover: 26.2% of site -or- 7,953 square feet New Impervious Cover in the RPA 5,053 square feet Redevelopment in the RPA 2,900 square feet Construction of: Residence with attached garage, screened porch and paver walkways. Concrete circular driveway. Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer, Landward 50 foot buffer, Variable Width 100 foot buffer of the Resource Protection Area (RPA). Land Disturbance Amount: >2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer, Landward 50 foot buffer, Variable Width 100 foot buffer of the Resource Protection Area (RPA). ISABEL & WILLIAM FLY FAMILY TRUST Page 79

85 Isabel & William Fly Family Trust ENVIRONMENTAL ANALYSIS: Soil Type(s): Rumford Series Soils (highly erodible) located below the top of bank. Tetotum Series Soils (deep, nearly level, moderately well drained). Condition of Riparian Buffer: The parcel is sparsely wooded with marsh shading occurring along the shoreline. Existing canopy trees and understory vegetation appears to be healthy. 18 trees to be removed Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover Standard buffer restoration for redeveloped impervious cover or substitute a 10% stormwater pollutant reduction in lieu of redevelopment buffer restoration. Condition of Shoreline: Existing shoreline partially hardened by a wood bulkhead. Existing concrete driveway directly discharges into tidal water via an old concrete boat ramp. Flood Zone: Zone AE, 7.0 Base Flood Elevation (BFE). Stormwater Run-off: The existing concrete driveway directly discharges into adjacent tidal waters. The submitted application proposes to remove the existing concrete driveway and restore the disturbed area. Means of Stormwater Management: None shown HISTORY OF PROPERTY: Lot Recorded: Map Book 39, Page 37 9/9/55 EVALUATION AND CONDITIONS: The overall impervious cover for the proposed improvements is 26 percent absent the impervious cover contributed from the public street being within the parcel. The proposed improvements do provide areas of benefit by utilizing redevelopment, maintaining existing canopy cover within the 50 foot buffer, and removing the concrete driveway that directly discharges stormwater into the adjacent tidal waters. However, staff is of the opinion that the proposed driveway is excessive and does not provide the minimum necessary to afford relief. Moreover, the required buffer restoration is 10,106 square feet. Staff questions how the required buffer restoration will ISABEL & WILLIAM FLY FAMILY TRUST Page 80

86 Isabel & William Fly Family Trust be addressed should the variance be approved. Given the retention of existing riparian forest and limited areas to be converted to riparian forest, the applicant s agent should address this concern. The following conditions are offered for Board consideration should the variance be approved: Standard Site 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 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 10 feet from proposed improvements. 5. Construction limits shall lie a maximum of 10' seaward of improvements. 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. 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. 7. For all areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 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. ISABEL & WILLIAM FLY FAMILY TRUST Page 81

87 Isabel & William Fly Family Trust Site Specific Conditions: 9. 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. 10. If and when the shoreline is hardened, a living shoreline, if applicable shall be constructed in lieu of a vertical retaining structure (vinyl, timber or steel bulkhead) or riprap revetment. The toe of said rip-rap 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. 11. Reduce the circular portion of the proposed driveway to be a minimum of 12 feet in width or utilize a permeable paver system for the proposed driveway. 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. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 14. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (5,053 sq. ft. x 200% = 10,106 sq. ft.) 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 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 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 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. 15. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (2,900 sq. ft. x 100% = 2,900 sq. ft.) and shall achieve the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers ISABEL & WILLIAM FLY FAMILY TRUST Page 82

88 Isabel & William Fly Family Trust 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 located within 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 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 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. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redeveloped areas, a 10% reduction in pollutant removal load is acceptable via a structural best management practices (BMP). 16. No perimeter fill is authorized outboard or seaward of the proposed improvements. 17. Gravel downspout intercepts and/or gravel dripline intercepts shall be provided as a means of erosion and sediment control for stormwater run-off from the proposed improvements. 18. **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 $1, and is based on 25% of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 1,263 sq. ft., 12- inch deep oyster shell plant within the Lynnhaven River Basin. 19. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 20. The conditions and approval associated with this variance are based on the exhibit plan dated September 22, 2014, prepared by WP Large, signed November 4, 2014 by Eric Garner. Deviation from said exhibit plan may require re-submittal for Board consideration. ** 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. ****NOTE: Please be advised that the Development Services Center (DSC) and Permits and Inspections (P&I) may require additional information during the site plan submittal process. ISABEL & WILLIAM FLY FAMILY TRUST Page 83

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100 Joseph Gilbert 8. Joseph Gilbert 1428 Back Cove Road GPIN Lynnhaven District Applicant Agent: Joseph Gilbert Small Project in the RPA SUMMARY OF PROPOSAL: Existing Impervious Cover: Proposed Impervious Cover: New Impervious Cover in the RPA Redevelopment in the RPA Construction of: Riprap retaining wall. 19% of site -or- 10,988 square feet 20% of site -or- 11,267 square feet 279 square feet 0 square feet Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer of the Resource Protection Area (RPA). Land Disturbance Amount: <2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer of the Resource Protection Area (RPA). ENVIRONMENTAL ANALYSIS: Soil Type(s): Rumford Series Soils (highly erodible) located below the top of bank. Tetotum Series Soils (deep, nearly level, moderately well drained). Condition of Riparian Buffer: The parcel is moderately wooded with marsh shading occurring along the shoreline. Existing canopy trees and understory vegetation appears to be healthy. 0 trees to be removed Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover JOSEPH GILBERT Page 95

101 Joseph Gilbert Condition of Shoreline: Shoreline has not been hardened. A wood retaining wall is present along the shoreline and is located above mean high water. Flood Zone: Zone AE, 8.0 Base Flood Elevation (BFE). Stormwater Run-off: Given the parcels high amount of permeable surface, mature forest floor, and substantial canopy cover the majority of rainfall is intercepted and infiltrated on the lot Means of Stormwater Management: None shown HISTORY OF PROPERTY: Lot Recorded: Map Book 38, Page 14 2/11/55 EVALUATION AND CONDITIONS: The applicant s agent has indicated that the homeowner intends to have all construction activity performed by hand, inclusive of placement of the riprap retaining structure. Staff questioned the Engineer of Record as to the homeowners desire to retain the wood retaining wall. The Engineer of Record indicated that the homeowner does not want to disturb the area any more than necessary. This application lies within the realm of high risk given the location of the proposed improvements and condition of the existing wood retaining wall. The following conditions are offered for Board consideration should the variance be approved: Standard Site 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. 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. Dual wire re-enforced 36 erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land JOSEPH GILBERT Page 96

102 Joseph Gilbert disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed in accordance with a field alignment to be determined at the pre-construction meeting. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. Said erosion and sedimentation measures shall be inspected by the contractor at the end of every work day. 5. Construction limits shall be in accordance with a field alignment to be determined at the pre-construction meeting. 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 areas to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 7. 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. Site Specific Conditions: 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. The Development Services Center and/or Permits and Inspections may require additional information that may affect the release of a building permit inclusive of a site plan being submitted to the Department of Planning, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. 9. Specifications of the proposed riprap retaining structure shall be provided with the site plan in lieu of the generic rip-rap revetment detail provided. A Joint Permit Application (JPA) may be required. 10. All excavation associated with the proposed improvements shall occur by hand. No equipment shall be utilized seaward of the existing wood retaining wall. 11. All construction materials (i.e. riprap) associated with the proposed improvements shall be placed by hand. No equipment shall be utilized seaward of the existing wood retaining wall. 12. The amount of excavation/open trench associated with the installation of the riprap retaining structure shall not exceed the amount of riprap that will be hand-placed in a single day. JOSEPH GILBERT Page 97

103 Joseph Gilbert 13. Excavated material from the open trench associated with the installation of the riprap retaining structure shall be removed immediately. Any excavated material shall not be stockpiled downslope of the work area. Excavated material shall be stockpiled within a stable area (i.e. rear yard where existing slope is minimal) and encompassed with silt fence unless said material is being removed from the site and disposed of in a lawful manner the day of excavation. 14. Once the riprap retaining structure is complete, all areas of disturbance shall be temporarily stabilized during construction and permanently stabilized immediately once construction is completed. 15. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 16. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (279 sq. ft. x 200% = 558 sq. ft.) 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 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 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 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. 17. No perimeter fill is authorized outboard or seaward of the proposed improvements. 18. The conditions and approval associated with this variance are based on the exhibit plan dated August 19, 2014, prepared by WP Large, signed August 29, 2014 by Eric Garner. Deviation from said exhibit plan may require re-submittal for Board consideration. ** 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 JOSEPH GILBERT Page 98

104 Joseph Gilbert 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. ****NOTE: Please be advised that the Development Services Center (DSC) and Permits and Inspections (P&I) may require additional information during the site plan submittal process. JOSEPH GILBERT Page 99

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