Chesapeake Bay Preservation Area Board Agenda

Transcription

1 Agenda February 2016

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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 Monday, February 22 nd, 2015 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 all of the items on this agenda and offer recommendations 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. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Planning Department at or Richard Scarper Environmental Coordinator Planning Department rscarper@vbgov.com (757)

4 February 22 nd, 2016 CBPA Agenda TABLE OF CONTENTS OLD BUSINESS: 1. River Shore Condominium Association River Forest Road 2. Stephen Ballard Arnold Court NEW BUSINESS: 3. Leif & Julia Lagergren Woodhouse Road 4. Tony Lucas Quail Point Road 2016 CBPA BOARD PUBLIC HEARING DATES Monday January 25 Monday February 22 Monday March 28 Monday April 25 Monday May 23 Monday June 27 Monday July 25 Monday August 22 Monday September 26 Monday October 24 Monday November 28 Wednesday December 21(tentative)

5 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 Monday, March 8 th, 2016 Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. on Friday, February 19 th, 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, April 25 th, 2016 Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. on Friday, March 25 th, 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 correspondence for distribution to Board members is required, than 15 copies of each correspondence must be provided. Please note that if any additional correspondence for distribution to Board members is required, than 15 copies of each correspondence must be provided.

6 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

7 1 River Shore Condominiums 499 River Forest Road GPIN Beach District Applicant Agent: Jennifer Copeland, Community First Management SUMMARY OF PROPOSAL: Existing Impervious Cover: 44.8% of site -or- 95,395 square feet Proposed Impervious Cover: 44.8% of site -or- 95,395 square feet New Impervious Cover in the RPA 0 square feet Redevelopment in the RPA 0 square feet Approximate fill in the RPA 225 cubic yards Construction of: Three options are proposed: fill only, bulkhead with fill, or segmental block wall with fill, construction of maintenance path with gravel or mulch Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer Land Disturbance Amount: greater than 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): Yeopim, Rumford, Rappahanock Soils (deep, well drained). Condition of Riparian Buffer: The parcel is sparsely wooded with riparian vegetation, primarily located seaward of existing improvements. Existing canopy trees and understory vegetation appears to be healthy. Approximately 54 trees to be removed Approximately 16,000 square footage of canopy to be removed Approximately 22,000 square footage of understory/brush/leaves/needles to be removed River Shore Condominiums 400 River Forest Road Page 1

8 Approximately 50 trees to be heavily pruned Condition of Shoreline: Moderate erosion of the shoreline and to adjacent highly erodible soils is evident, hence the need for the project. Much of the eroded material has been absorbed and retained within the adjacent organic leaf litter and high tidal fringe marsh. Erosion is attributable to a lack of vegetation (shading), and point source discharge of stormwater. Outboard of the toe of slope and shade zone, a resilient vegetative tidal fringe marsh exists. The Center for Coastal Resource Management has provided information towards the Preferred Shoreline Best Management Practices and suggests the following: Uplands and Bank Areas: Enhance Riparian/Marsh Buffer: Vegetation stabilization provided by a blended area of upland riparian and/or tidal marsh vegetation; target area extends from mid-tide to upland area where plants can occupy suitable elevations in dynamic fashion, e.g. seasonal fluctuations, gradual storm recovery; no action may be necessary in some situations; may include existing marsh management; may include planted marsh, sand fill, and/or fiber logs; restore riparian forest buffer where it does not exist; replace waterfront lawns with ornamental grasses, native shrubs and small trees; may include invasive species removal to promote native vegetation growth. Flood Zone: Zone AE, X, Elevation 8.0. Stormwater Management: Downspout Dispersion HISTORY OF PROPERTY: Lot Recorded: Map Book 2803, Page /3/89 EVALUATION AND CONDITIONS: This project was deferred from the January 2016 hearing. The Board desired additional information regarding the scope of the project and site specific construction proposals. The revised submittal has reduced the limit of fill, identified vertical retaining structures (substantial and minor), additional tree removal, understory clearing, tree limbing, and maintenance foot path. A recent site inspection revealed that the subject condominium structures, sidewalks, air conditioning compressor pads, and associated parking facility lie adjacent to steep slopes (slopes typically range between 10% to 30%) and a tidal fringe marsh. The structures proximity to the aforementioned features has resulted in a substantial loss of topsoil and exposure of structural River Shore Condominiums 400 River Forest Road Page 2

9 footers. The majority of topsoil has eroded into the adjacent tidal fringe marsh and organic leaf litter. Moreover, it was noted that one of the existing private drop inlets is completely compromised by sediment/debris. Stormwater is being discharged via over the curb. The residual sloped and flat surface zones adjacent to the structures are devoid of any stabilizing vegetative cover. The applicant has indicated that geotechnical and structural design professionals were consulted prior to submission of the subject variance request. It was agreed that a minimum of 18 of topsoil be applied above the concrete footers and denuded portions of the site. The site conditions (proximity to top of bank, below top of bank, near tidal fringe marsh, etc.) bordering the perimeters of the buildings vary, thereby precipitating the need for an array of erosion abatement methods. The applicant has indicated that an embankment cross sectional analysis be performed individually, given the structural improvements proximity to wetlands, minimal exposure to sunlight, severity of slope, volume of fill needed, and potential exposure to storm tides. Staff concurs with this analysis and will be involved when said analysis is conducted. As noted above, the majority of the subject activity will occur within the upland riparian buffer. Staff is of the opinion that in order for the subject fill material to remain stable, not only in the short term but long term, sunlight availability to the entire shoreline is critical. In the absence of this objective, the subject fill material will eventually erode into the Lynnhaven River. As such, it is understood that as part of the design team, a local certified landscape professional will be an integral part of the aforementioned analysis. Extensive maintenance and modification of the woody vegetation around the shoreline perimeter is necessary. Also of importance, a management plan needs to be developed and implemented for the duration of the River Shore Condominium development. The following conditions are offered for Board consideration should the variance be approved: CBPA Variance 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 5 from improvements. River Shore Condominiums 400 River Forest Road Page 3

10 5. Construction limits shall lay a maximum of 5' seaward of improvements. 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. 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. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 11. The drop inlets on the property shall be cleaned and maintained of sediment and debris. 12. Post approval of the site plan, an annual report shall be submitted in the month of October to the Environment & Sustainability Office to ensure compliance with the approved site plan/permit for three years. Said report shall include information relative to the current state of the maintenance paths, bulkheads, segmental block walls, downspout interceptors, requisite vegetation, and fill material. 13. No perimeter fill is permitted below the 5 contour elevation or seaward of any vertical retaining structure. In the event that fill is desired below the 5 contour elevation, an additional retaining structure will be installed where that occurs. 14. The conditions and approval associated with this variance are based on the revised exhibit prepared by American Engineering, signed February 10, 2015 by Scott M. Wilkins. Deviation from said conditions during site plan review 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 River Shore Condominiums 400 River Forest Road Page 4

11 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. River Shore Condominiums 400 River Forest Road Page 5

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21 . 2 Stephen Ballard 1612 Arnold Circle GPIN Lynnhaven District Applicant s Agent: Billy Garrington Governmental Permitting Consultant SUMMARY OF PROPOSAL: Existing Impervious Cover: 26.6% of site -or- 21,522 square feet Demolition of: Existing residence, pool, pool decking, recent demolition of 1,600 s.f. basketball court, shoreline hardening structures Proposed Impervious Cover: 31.2% of site -or- 25,250 square feet New Impervious Cover in the RPA 3,023 - square feet Redevelopment in the RPA 9,298 - square feet Construction of: New residence, driveway, pool, pool decking, walkways After-the-Fact synthetic turf steps, four concrete terrace walls, conversion of turf to synthetic turf, sand traps, two golf greens, flower beds, approximately 7,000 constructed wetlands, flagpole with concrete base Location of Proposed Impervious Cover: Within the seaward, landward, variable width portions of the Resource Protection Area (RPA) Land Disturbance Amount: more than 2,500 square feet Location of Land Disturbance: Within the seaward, landward, variable width portions of the Resource Protection Area (RPA), Resource Management Area (RMA) Total land disturbance approximately 64,500 s.f. or 1.48 acres (29,500 for new proposal, approximately 35,000 s.f. for the after-the-fact synthetic turf/golf green improvements). ENVIRONMENTAL ANALYSIS: Soil Type(s): State Series Soils (deep, well drained) Bojac Series Soils (deep, well drained) Condition of Riparian Buffer: STEPHEN BALLARD 1612 Arnold Circle Page 15

22 Prior to the installation of the water-dependent facilities, the riparian buffer was devoted primarily to turf. Post-construction of the water-dependent facilities, said turf was eliminated and replaced with golf greens, sand traps, synthetic turf, landscaped native and adaptive plants, and bioretention trenches. 0 trees to be removed Means of Riparian Buffer Restoration: None shown Condition of Shoreline: Vertical bulkhead with concrete cap, rip rap revetment, marsh sill and constructed wetlands, sandy beach Flood Zone: Zone AE, X Stormwater Management: Bioretention trenches, constructed wetland, and sand traps with gravel infiltration beds HISTORY OF PROPERTY: Lot Recorded: Map Book 34, Page 42 1/9/53 Previous Variance(s) to the Chesapeake Bay Preservation Area Ordinance: A variance was granted January 29, 1996 with the following conditions: 1. Elimination of an 8 wide by 750 long concrete walkway adjacent to tidal waters and wetlands. Sand and gravel is acceptable. 2. Permit one pedestrian access point to the water consistent with Section 108 (D) (4) of the Ordinance. 3. Reduction of the concrete pad/tunnel to 17 x 35 with proper BMP s. 4. Allow dredge spoil material in the Resource Protection Area Buffer with sand to have topsoil and be sodded. Undesirable material is to be hauled away. 5. A site plan shall be submitted to the Development Services Center for review and approval prior to the issuance of a building permit A variance was granted May 22, 2000 with the following conditions: 1. Dual erosion and sedimentation control measures are to be installed prior to any land disturbance and shall be maintained until such time as vegetative cover is established. STEPHEN BALLARD 1612 Arnold Circle Page 16

23 2. Construction limits shall lay a maximum of 15' channelward of structural improvements. 3. All stormwater associated with the existing principal structure and the proposed impervious area to be developed on this site shall be conveyed to a structural stormwater management facility. 4. Buffer restoration employing bayscape landscaping principles shall be installed downslope of improvements. The restoration area shall be equal to new impervious cover (6,844 square feet) and shall be linear in design to the greatest extent practical. A separate landscape plan shall accompany the site plan. 5. The steps shall employ under deck treatment if developed with timber and shall be a maximum of 10' in width. 6. 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: The following conditions are offered for Board consideration should the variance be approved: CBPA Variance 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 from improvements. 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 STEPHEN BALLARD 1612 Arnold Circle Page 17

24 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 3:1 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. 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. 12. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 3,023 sq. ft. x 200% = 6,046 sq. 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 Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance: 15 canopy trees, 30 understory, and 45 shrubs. 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 approximately 50% deciduous and 50% evergreen species and shall STEPHEN BALLARD 1612 Arnold Circle Page 18

25 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 shall be constructed prior to or concurrent with the residence. 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% of the proposed impervious cover within the Resource Protection Area (RPA). Said payment shall provide for the equivalent of an approximate 756 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 15. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 16. This variance and associated conditions will supersede the conditions of the Board variance granted January 29, 1996 and May 22, The conditions and approval associated with this variance are based on the exhibit plan sealed January 29, 2016, prepared by SB Ballard, signed Wayne Barrett, L.S. Deviation from said conditions during site plan review may require re-submittal for Board consideration. Said exhibit and conditions shall be submitted to the Department of Planning, Development Services Center 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. ** 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. STEPHEN BALLARD 1612 Arnold Circle Page 19

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34 3 Leif & Julia Lagergren 1412 North Woodhouse Road GPIN Lynnhaven District Applicant Agent: Eric Garner, LS, WPL SUMMARY OF PROPOSAL: Existing Impervious Cover: 18% of site -or- 6,894 square feet Proposed Impervious Cover: 20.6% of site -or- 7,823 square feet New Impervious Cover in the RPA 960 square feet Redevelopment in the RPA 549 square feet Demolition of: Existing wood deck and portion of existing structure Construction of: Building addition, screen porch, covered patio, open paver patio, paver walkway Location of Proposed Impervious Cover: Within the 50 landward and Variable-Width buffer Land Disturbance Amount: greater than 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), and Resource Management Area (RMA) ENVIRONMENTAL ANALYSIS: Soil Type(s): State Series Soils (deep, well drained). Condition of Riparian Buffer: The parcel is primarily turf with several canopy trees. Along the lower reach there exists mowed tidal marsh and an emergent fringe marsh along the navigable canal. Existing canopy trees and understory vegetation appears to be healthy. 0 trees to be removed Leif and Julia Lagergren 1412 North Woodhouse Road Page 28

35 Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover Condition of Shoreline: Minimal erosion of the shoreline was observed and there exists little or no site fetch conditions. The Center for Coastal Resource Management has provided information towards the Preferred Shoreline Best Management Practices and suggests the following: Uplands and Bank Areas: Enhance Riparian/Marsh Buffer: Vegetation stabilization provided by a blended area of upland riparian and/or tidal marsh vegetation; target area extends from mid-tide to upland area where plants can occupy suitable elevations in dynamic fashion, e.g. seasonal fluctuations, gradual storm recovery; no action may be necessary in some situations; may include existing marsh management; may include planted marsh, sand fill, and/or fiber logs; restore riparian forest buffer where it does not exist; replace waterfront lawns with ornamental grasses, native shrubs and small trees; may include invasive species removal to promote native vegetation growth. Flood Zone: Zone AE, X Stormwater Management: Bioretention (WQIA) HISTORY OF PROPERTY: Lot Recorded: Map Book 32, Page 13 7/7/52 EVALUATION AND CONDITIONS: A recent field visit suggests that the majority of the buffer is devoted to turf with mowed marsh along the lower reaches of the property. Canopy trees are primarily located along both sides of the property lines. The following Conditions are offered for Board consideration: 1. 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. Leif and Julia Lagergren 1412 North Woodhouse Road Page 29

36 2. 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. 3. 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 from improvements. 4. 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. 5. 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 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. 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. 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. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. Leif and Julia Lagergren 1412 North Woodhouse Road Page 30

37 11. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 960 sq. ft. x 200% = 1,920 sq. 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 Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance: 5 canopy trees, 10 understory, and 15 shrubs. 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 approximately 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. 12. **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 240 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 13. The conditions and approval associated with this variance are based on the exhibit plan dated January 25, 2016, prepared by WPL, signed by Eric Garner, L.S. Deviation from said conditions during site plan review may require re-submittal for Board consideration. Said exhibit and conditions shall be submitted to the Department of Planning, Development Services Center 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. ** 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 Leif and Julia Lagergren 1412 North Woodhouse Road Page 31

38 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. Leif and Julia Lagergren 1412 North Woodhouse Road Page 32

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48 4 Tony Lucas 1500 Quail Point Road GPIN Lynnhaven District Applicant Agent: Billy Garrington SUMMARY OF PROPOSAL: Existing Impervious Cover: 25.2% of site -or- 9,212 square feet Demolition of: Existing residence and associated accessory structures, driveway, two sheds, and walkways leading to the gazebo Proposed Impervious Cover: 22.2% of site -or- 8,110 square feet New Impervious Cover in the RPA 1,959 square feet Redevelopment in the RPA 5,638 square feet Construction of: Residence with swimming pool, patio areas, and driveway Location of Proposed Impervious Cover: Within the Seaward 50 foot buffer, Landward 50 foot buffer, and Variable Width 100 foot buffer of the Resource Protection Area (RPA). Land Disturbance Amount: more than 2,500 square feet Location of Land Disturbance: Within the Seaward 50 foot buffer, Landward 50 foot buffer, and Variable Width 100 foot buffer of the Resource Protection Area (RPA) ENVIRONMENTAL ANALYSIS: Soil Type(s): Yeopim (deep, well drained). Condition of Riparian Buffer: The parcel is sparsely wooded with moderate to extreme shoreline erosion. Recent site visit revealed that a failed vertical bulkhead and subsequent revetment structure have both been compromised with resultant loss of upland backfill into receiving waters. Existing canopy trees and understory vegetation appears to be healthy. 0 trees to be removed Tony Lucas 1500 Quail Point Road Page 42

49 Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover Condition of Shoreline: No method of abatement proposed. The Center for Coastal Resource Management has provided information towards the Preferred Shoreline Best Management Practices and suggests the following: Uplands and Bank Areas: Enhance Riparian/Marsh Buffer: Vegetation stabilization provided by a blended area of upland riparian and/or tidal marsh vegetation; target area extends from mid-tide to upland area where plants can occupy suitable elevations in dynamic fashion, e.g. seasonal fluctuations, gradual storm recovery; no action may be necessary in some situations; may include existing marsh management; may include planted marsh, sand fill, and/or fiber logs; restore riparian forest buffer where it does not exist; replace waterfront lawns with ornamental grasses, native shrubs and small trees; may include invasive species removal to promote native vegetation growth. Tidal Wetlands, Beach, and Shoreline Areas: Enhance / Maintain Marsh: Preserve existing tidal marsh for wave attenuation. Avoid using herbicides near marsh. Encourage both low and high marsh areas, do not mow within 100 ft from top of bank. Remove tidal debris at least annually. Repair storm damaged marsh areas with new planting. Flood Zone: Zone AE, X Stormwater Management: Bioretention HISTORY OF PROPERTY: Lot Recorded: Map Book 47, Page 58 8/26/59 EVALUATION AND CONDITIONS: Staff is of the opinion that given the disposition of the shoreline, the subject request is not ripe for Board consideration. Recent site visit revealed that a failed vertical bulkhead and subsequent revetment structure have both been compromised with resultant loss of upland backfill into receiving waters. In addition, retention of the concrete slab and sidewalk adjacent to the gazebo is also ill-advised. Construction inclusive of demolition, limits of construction, stockpile and staging area, will likely accelerate upland erosion into receiving tidal waters. Tony Lucas 1500 Quail Point Road Page 43

50 However, the following Conditions are offered for Board consideration should the variance be approved: CBPA Variance 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 from improvements. 5. Construction limits shall lay a maximum of 15' seaward of improvements. 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 3:1 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. 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 Tony Lucas 1500 Quail Point Road Page 44

51 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. 12. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 1,959 sq. ft. x 200% = 3,918 sq. 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 Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance: 10 canopy trees, 20 understory, and 30 shrubs. 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 approximately 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. 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. 14. The proposed walkways, exclusive of the walkway to the front door, shall be constructed of organic material (mulch), and maximum of 4 in width, with stepping stones not to exceed 50% of the path area. 15. Pool decking shall be as depicted on the site plan sealed 12/29/ The pool shall be constructed prior to or concurrent with the residence. 17. Under deck treatment of sand and gravel shall be installed. 18. No perimeter fill is authorized outboard or seaward of the proposed improvements. Tony Lucas 1500 Quail Point Road Page 45

52 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 489 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 12/29/15 prepared by Gallup Surveyors and Engineers, signed by Bruce Gallup, P.E. Deviation from said conditions during site plan review may require re-submittal for Board consideration. 22. 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 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. Tony Lucas 1500 Quail Point Road Page 46

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