August 2015 Chesapeake Bay Preservation Area Board Agenda

August 2015 Chesapeake Bay Preservation Area Board Agenda

CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on MONDAY, August 24 th, 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 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 385-4621 or 636-3154 Richard Scarper Environmental Coordinator Planning Department rscarper@vbgov.com (757) 636-3154

August 24 th, 2015 CBPA Agenda TABLE OF CONTENTS OLD BUSINESS: 1. 1408 MILL DAM, LLC...1 1408 Mill Dam Road NEW BUSINESS: 2. SCOTT & TRACEY PARR...20 728 Oriole Drive 3. MICHAEL ORFINI...35 401 Goodspeed Road

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, September 28, 2015 Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. on Friday, August 28, 2015. 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, October 26, 2015 Public Hearing are due in the Planning Department, Room 115 by: 5:00 p.m. on Friday, October 2, 2015. 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.

Resources The following resources are provided for information use: City of Virginia Beach Environment and Sustainability Office Website www.vbgov.com/eso City of Virginia Beach Chesapeake Bay Preservation Area Board Website www.vbgov.com/cbpa City of Virginia Beach Wetland Boards Website www.vbgov.com/wb City of Virginia Beach City of Virginia Beach Map www.vbgov.com/map/ City of Virginia Beach Development Services Center www.vbgov.com/dsc Center for Coastal Resource Management CCRMP Map Viewer http://cmap.vims.edu/ccrmp/vabeachccrmp/vabeach_ccrmp.html

1. 1408 Mill Dam Road, L.L.C. 1408 Mill Dam Road GPIN 2408396466, 2408396330, & 2408397362 Lynnhaven District Applicant s Agent: Eddie Bourdon Sykes, Bourdon, Ahern & Levy P.C. SUMMARY OF PROPOSAL: Existing Impervious Cover: Demolition of: Residence with associated concrete driveway. 7.4% of site -or- 4,240 square feet Overall Proposed Impervious Cover: 32.8% of site -or- 18,698 square feet Proposed: Re-subdivision of three existing lots into four new developable lots. Proposed Reduction in Impervious Cover via the use of permeable pavement: 28.9% of site - calculating permeable driveways at 40 percent pervious Individual Lot Proposed Impervious Cover: Lot 1 Lot 2 Lot 3 Lot 4 27.2% of site -or- 4,682 square feet 21.5% of site -or- 4,043 square feet 56.6% of site -or- 5,734 square feet 38.9% of site -or- 4,239 square feet 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: > 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): Yeopium Series Soils (deep, moderately well drained) located above the top of bank. Rumford Series Soils (highly erodible) located below the top of bank. 1408 MILL DAM ROAD, L.L.C. Page 1

Rappahannock Series Soils (deep and poorly drained). The above information was gathered from the city s Geographic Information System (GIS). Further research and soil sampling was performed and a report submitted January 28, 2015 by a private consultant. Said report is on record with the Planning Department if further review is desired. Condition of Riparian Buffer: The parcels are sparsely wooded within the landward 50 foot buffer and variable width buffer transitioning into heavily wooded within the 50 foot seaward buffer. Marsh shading is occurring along the shoreline/toe of slope. Existing canopy trees and understory vegetation appears to be healthy. Area landward of the limits of disturbance are to be cleared of all trees and underbrush. Approximately 650 linear feet of shoreline to be managed Means of Riparian Buffer Restoration proffered: Sustainable buffer restoration shall be achieved by supplementing existing vegetation within the 17,401 sf (43.5 buffer restoration units (BRU s)) of existing naturalized area to remain. Additional buffer restoration plantings equivalent to 15,799 sf (39.5 BRU) shall be installed throughout the property. Existing trees which are in good health and are to remain shall count toward the buffer restoration requirements. Said restoration shall total 33,200 sf and shall be installed with the single family construction plans. A reduction of the proposed impervious cover with any individual single-family site plan shall allow a recalculation and reduction of the buffer restoration requirement (Required BRU s). Condition of Shoreline: Shoreline is in a natural condition. Flood Zone: Zone AE, Elevation 7.0. Floodway present upstream of Mill Dam Road. Stormwater Management: Appropriate stormwater BMP s are to be sized and installed during the single family site plan process. An Agreement in Lieu of a stormwater management plan shall not be permitted. 1408 MILL DAM ROAD, L.L.C. Page 2

HISTORY OF PROPERTY: Lot Recorded: Map Book 51, Page 47 12/29/61 EVALUATION AND CONDITIONS: The previous application proposed the subdivision of two existing lots (Lots B and C sheet C2) into four new developable lots. The revised application was modified to include the subdivision of all three existing lots (Lots A, B, and C sheet C2) into four new developable lots. In addition, the overall impervious cover of the site was reduced by twelve square feet and the individual lots impervious cover percentages modified due to the vacating of existing Lot A s property lines. Staff is concerned with the intent, analysis, and verbiage provided towards buffer restoration in relation to the proposed Resource Protection Area (RPA) encroachments. The following Buffer restoration standards verbiage is taken directly from the Ordinance. Buffer restoration standards. The following standards shall apply in cases in which buffer restoration is required pursuant to the provisions of this Ordinance as a result of development within a Resource Protection Area: (1) For new impervious cover: (a) Buffer restoration of an area equal to two (2) times the proposed impervious cover in the Resource Protection Area shall be provided. The City Manager or Board, as the case may be, shall allow a lesser area of buffer restoration if the property owner demonstrates that site conditions or structural treatment methods are such that a lesser buffer restoration area will adequately protect water quality; What site conditions or structural treatment methods are proffered such that a lesser buffer restoration area will adequately protect water quality? The following has been provided by the Engineer of Record: Sustainable buffer restoration shall be achieved by supplementing existing vegetation within the 17,401 sf (43.5 buffer restoration units (BRU s)) of existing naturalized area to remain. Staff if of the opinion that this proffer is premature in the description of sustainable. Given the site conditions of the riparian buffer seaward of the limits of construction supplementing existing vegetation sustainably will be minimal at best. Additional buffer restoration plantings equivalent to 15,799 sf (39.5 BRU) shall be installed throughout the property. 15,799 sf of buffer restoration is approximately 3,939.75 sf of buffer restoration per lot. Proposed impervious cover per lot ranges from 4,043 sf to 5,734 sf. Said buffer restoration would be less than the typical 200 percent for new impervious cover in the RPA. 1408 MILL DAM ROAD, L.L.C. Page 3

Existing trees which are in good health and are to remain shall count toward the buffer restoration requirements. Staff has no comment. Said restoration shall total 33,200 sf and shall be installed with the single family construction plans. Sustainable buffer restoration 17,401 sf supplementing existing buffer + Additional buffer restoration 15,799 sf planted somewhere within Lot 1, 2, 3 &4 Proffered restoration 33,200 sf The typical Board condition for buffer restoration would be 16,565 sf (new impervious in the RPA) x 200% = 33,130 sq. ft. of required buffer restoration. 15,799 sf is proffered. The remainder is crediting the applicant for not clearing within the 50 foot seaward. A reduction of the proposed impervious cover with any individual single-family site plan shall allow a recalculation and reduction of the buffer restoration requirement (Required BRU s). Staff is of the opinion that this proffer is inappropriate given the applicant s desire to self-impose a subdivision within the RPA and be unable to meet Buffer restoration of an area equal to two (2) times the proposed impervious cover in the Resource Protection Area shall be provided. Outboard of buffer restoration the applicant has proffered 800 square feet of impervious surfaces (walkways and parking pads) for each lot with the remainder of the driveway surfaces (approximately 5,500 square feet on 4 parcels) constructed of a permeable pavement system. Should the Board desire to consider the proposed re-subdivision of three existing lots into four new developable lots the following conditions are offered for consideration: CBPA Variance Conditions: 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition as well as for the construction of each individual singlefamily residences. 2. The construction access way, staging area, stockpiling area and contractor parking area shall be noted on all submitted site plans. Said areas shall be quantified as land disturbance if not occurring on a paved or graveled surface. 3. 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 all submitted site plan submittals. 1408 MILL DAM ROAD, L.L.C. Page 4

4. Wire reinforced 36 silt fence, for erosion and sedimentation control measures, shall be installed along the seaward portion of the project/development of each single-family residence prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said location of silt fence associated with any proposed improvements shall be installed 10 from said 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 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. 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. Individual single-family site plans 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 individual single-family site plans 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. The subdividing of the subject lots is a common plan of development and requires a subdivision construction plan which includes a stormwater management plan to cover the entire development, inclusive of demolition. As such, stormwater best management practices (BMP s) will be designed and reviewed as part of the subdivision construction plan and not designed and reviewed under individual Agreement in-lieu of a Stormwater Management Plan for each single-family site plan. 1408 MILL DAM ROAD, L.L.C. Page 5

12. Exclusive of an approximately 60 foot long driveway stem (measured from the northern side of the proposed driveway) eliminate the proposed impervious cover for lot 1 in the 50 seaward buffer. 13. The maximum impervious cover for each proposed lot shall not exceed the following: Proposed lot 1: 4,500 square feet 26.2 percent, reduction represents an elimination of proposed impervious cover in the 50 seaward buffer, exclusive driveway stem. Proposed lot 2: 4,043 square feet 21.5 percent Proposed lot 3: 3,545 square feet 35.0 percent, exclusive of lot 2 driveway Proposed lot 4: 3,811 square feet 35.0 percent 14. The proposed driveways shall be constructed of a permeable paver system. 15. Turf shall be limited to 400 square feet per each single-family residence. All remaining pervious area landward of the limits of disturbance and/or areas cleared shall be devoted to buffer restoration. Buffer restoration areas for each single-family residence shall be approximately: Proposed lot 1: Proposed lot 2: Proposed lot 3: Proposed lot 4: 2,562 square feet, exclusive of 400 square feet of turf 6,341 square feet, exclusive of 400 square feet of turf 3,629 square feet, exclusive of 400 square feet of turf 4,983 square feet, exclusive of 400 square feet of turf 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: 1 canopy trees, 2 understory, and 3 shrubs per each 400 square foot of buffer restoration. The required restoration shall be located in the Resource Protection Area, in areas currently devoted to turf, where impervious cover is removed, or where existing vegetation was cleared. The restoration 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. 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. 16. When applicable, under deck treatment of sand and gravel shall be installed. 1408 MILL DAM ROAD, L.L.C. Page 6

17. No perimeter fill is authorized seaward of the proposed improvements. 18. 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. 19. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be calculated as follows (proposed impervious cover in the Resource Protection Area (RPA) divided by 4, divided by 27, times 15, and times 1.65 for the total amount required). Said amount is based on 25% of the proposed impervious cover within the RPA and shall provide for an 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 CBPA Variance Exhibit dated July 31, 2015, prepared by Martin Engineering, signed July 31, 2015 by Scott Wilkins. Deviation from said conditions during site plan review may require re-submittal for Board consideration. *NOTE: The daughter of the adjacent property owner (1416 Mill Dam Road) has expressed concerned over individuals traversing her mother s property to gain access to 1408 Mill Dam Road. The applicant s agent should address said concerns and any potential safeguards. ** 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 1408 MILL DAM ROAD, L.L.C. Page 7

1408 Mill Dam Road GPIN 2408396330, 2408396466, and 2408397362 R20 R10 R10 R10 1408 MILL DAM ROAD, L.L.C. Page 8

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PREVIOUS CBPA EXHIBIT 1408 MILL DAM ROAD, L.L.C. Page 14

REVISED CBPA PLAN 1408 MILL DAM ROAD, L.L.C. Page 15

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2. Scott & Tracey Parr 728 Oriole Drive GPIN 2418617995 Lynnhaven District Applicant s Agent: Billy Garrington Governmental Permitting Consultant SUMMARY OF PROPOSAL: Existing Impervious Cover: 29.7% of site -or- 11,875 square feet Demolition of: Demolition of all existing improvements except as noted existing pool and existing stone wall along the eastern property line. Proposed Impervious Cover: 30.8% of site -or- 12,325 square feet New Impervious Cover in the RPA 3,651.3 square feet Redevelopment in the RPA 7,098.0 square feet Construction of: Two story residence with three covered porches and brick paver driveway. Brick paver pool deck around existing pool with hot tub and associated retaining wall. 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): Rumford Series Soils (highly erodible). State Series Soils (deep, well drained). Udorthents Series Soils (moderately well-drained soils altered by excavation). SCOTT & TRACEY PARR Page 20

Condition of Riparian Buffer: The parcel is sparsely wooded. Existing canopy trees and understory vegetation appears to be healthy. 11 trees to be removed Means of Riparian Buffer Restoration: Standard buffer restoration for new impervious cover Condition of Shoreline: No method of abetment proposed, erosion present along point. The Center for Coastal Resource Management has provided information towards the Preferred Shoreline Best Management Practices and suggests the following for this site: 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: 0.2 percent annual chance Stormwater Management: Bioretention HISTORY OF PROPERTY: Lot Recorded: Instr. No. 20141104001050660 11/4/14 EVALUATION AND CONDITIONS: The submitted application is not atypical of redevelopment proposals associated with previous developed parcels within this area of the city. The proposal introduces fill material only within the area adjacent to the existing driveway establishing grade from elevation 3.18 to approximately 7.45. The introduction of said fill material will eliminate the current drainage system discharging onto the adjacent property. The areas of expansion to the primary residence outboard of redevelopment occur within the 50 SCOTT & TRACEY PARR Page 21

landward and variable width portions of the buffer and are in areas currently devoted to turf. Staff is of the opinion that the expansions to the accessory structures (i.e. paver pool deck) occur in more sensitive areas of the lot. However, the use of a retaining wall at the seaward limit of the proposed brick paver pool deck is appropriate given the retention of existing mature canopy trees within the same area. Although the overall impervious cover only increases by 450 square feet from existing (11,875 square feet to 12,325 square feet) the improvements to the parcel will exceed 30 percent. Staff is of the opinion that minor revisions could be made to the proposed improvements to keep proposed impervious cover amounts at existing impervious cover amounts. Moreover, the redevelopment of the existing driveway lends the opportunity to reduce stormwater run-off from impervious cover via the use of a permeable pavement system in-lieu of traditional brick pavers. 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 prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed as delineated per the CBPA Variance Exhibit prepared by Gallup Surveyors and Engineers. 5. Construction limits shall be contained within the limits of the delineated silt fence per the CBPA Variance Exhibit prepared by Gallup Surveyors and Engineers. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 ratio for all unauthorized (damaged or removed) vegetation impacts. SCOTT & TRACEY PARR Page 22

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. The maximum impervious cover of the parcel shall not exceed 11,875 square feet. Said limits of impervious cover shall not be seaward of the construction limits delineated per the CBPA Variance Exhibit prepared by Gallup Surveyors and Engineers. 13. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA: 3,651 sq. ft. x 200% = 7,302 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: 19 canopy trees, 38 understory, and 57 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 SCOTT & TRACEY PARR Page 23

integrity of shoreline structures. Salt and flood tolerant plant species shall be planted below the five foot contour to ensure greater survival of the plantings. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 14. The proposed driveway shall be constructed of a permeable pavement system. 15. 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. 16. No perimeter fill is authorized outboard or seaward of the proposed improvements. 17. **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 $835.99 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 912 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 18. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 19. The conditions and approval associated with this variance are based on the CBPA Variance Exhibit dated June 30, 2015, prepared by Gallup Surveyors and Engineers, signed July 2, 2015 by Bruce Gallup. 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 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. SCOTT & TRACEY PARR Page 24

728 Oriole Drive - GPIN 2418617995 R40 A12 R40 A36 SCOTT & TRACEY PARR Page 25

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3. Michael Orfini 401 Goodspeed Road GPIN 2419609843 Lynnhaven District Applicant s Agent: Rick Bartlett, P.E. Professional Construction Consultants, LLC SUMMARY OF PROPOSAL: Existing Impervious Cover: 12.4% of site -or- 2,820 square feet Proposed Impervious Cover: 12.4% of site -or- 2,820 square feet New Impervious Cover in the RPA 0 square feet Redevelopment in the RPA 0 square feet Installation of: Fill material fill depth varies from 0 inches to approximately 18 inches. Location of Proposed Fill Material: Within the Seaward 50 foot buffer, Landward 50 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 of the Resource Protection Area (RPA), and Resource Management Area (RMA) ENVIRONMENTAL ANALYSIS: Soil Type(s): Lakehurst Series Soils (Deep, moderately drained sandy marine and eolian sediments). 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. 1 tree to be removed Means of Riparian Buffer Restoration: Landscape buffer (15 foot width) immediately adjacent to existing fence at pond. MICHAEL ORFINI Page 35

Condition of Shoreline: Existing shoreline is a tidal pond connected under Goodspeed Road via two reinforced concrete pipes (RCP). Flood Zone: Zone AE, Elevation 7.0. Stormwater Management: None shown HISTORY OF PROPERTY: Lot Recorded: Map Book 41, Page 2 3/19/56 EVALUATION AND CONDITIONS: The applicant desires to fill portions of the parcel to better protect existing improvements from tidal inundation via influence of the adjacent tidal pond and stormwater run-off from adjacent parcels and city infrastructure. During certain storm events stormwater run-off enters the parcel from multiple directions: To the east from 59 th Street, Discovery Road, and associated properties, To the north from portions of Goodspeed Road, and To the south from portions of Dawson Road and 58 th Street. Staff is of the opinion that portions (area below the 2.5 contour) of the existing lawn area are mown wetlands and in the absence of a wetland delineation suggest that all fill material, if granted remain above the 2.5 contour as delineated on the site plan. Moreover, the 15 landscape buffer immediately adjacent to the existing fence proffered will integrate said area and should incorporate the mown wetlands species into a comprehensive restoration plan. 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. MICHAEL ORFINI Page 36

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 all 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 and parallel to the existing wood fence and property lines adjacent to Goodspeed Road and 58 th Street. Said silt fence location shall be field verified with the Civil Inspector prior to any land disturbance. 5. Construction limits shall lie a maximum of 15' from and parallel to the existing wood fence and property lines adjacent to Goodspeed Road and 58 th Street. Within the RPA, exclusive of limits of construction, areas of existing landscaped beds, trees, areas of existing leaf litter or forest floor, and other naturalized areas, such as shoreline vegetation, may not be removed. 6. For all trees to be preserved outboard of the limits of construction that are encroached upon, replacement of existing vegetation shall be provided at a 3:1 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. 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. Fill material shall be limited to the area within the construction limits with no perimeter fill authorized outboard of said construction limits. 12. Existing natural drainage channels/swales if disturbed shall be stabilized appropriately to accommodate critical velocities rates of stormwater run-off to prevent channel bed erosion. MICHAEL ORFINI Page 37

13. A 15 wide buffer restoration bed shall be installed adjacent and parallel to the existing wood fence adjacent to the tidal pond. Said buffer restoration shall provide for appropriate shoreline fringe, riparian fringe, and floodplain terrace vegetation tolerant to expected durations and frequency of tidal inundation to ensure greater survival of the plantings or said area shall be a managed mow area (mown once per year during the month of January). Said restoration shall be installed/implemented prior to the issuance of the certificate of occupancy or release of the building permit. 14. The conditions and approval associated with this variance are based on the CBPA Variance Exhibit dated July 6, 2015, prepared by Professional Construction Consultants, signed July 6, 2015 by Richard Bartlett. Deviation from said conditions during site plan review may require re-submittal for Board consideration. ***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. MICHAEL ORFINI Page 38

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