City of Chesapeake MINUTES The Chesapeake Bay Preservation Area Board Planning Department 306 Cedar Road PO Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 FAX: (757) 382-6406 Chesapeake Bay Preservation Area Board October 21, 2015 6:00 PM Human Resources Training Room Call to Order: Chair Conley called the Chesapeake Bay Preservation Board Area meeting of October 21, 2015, to order at 6:00 p.m. in the Human Resources Training Room. Roll Call: PRESENT Amy Conley, Chair Henry Curling, Member Vickie Greene, Vice-Chair William Spaur, Member Stephen F. Nowak, Alternate Member EXCUSED Roy Scott, Member George Midgette, Member ABSENT Anthony Godette, Member John A. Sherman, Alternate Member PLANNING DEPARTMENT STAFF PRESENT Michael Anaya, CBPA Planner Robin Wilcox, CBPA Recording Secretary CITY ATTORNEY STAFF PRESENT Andrew Fox, Deputy City Attorney
Page 2 CBPA APPLICATION: 1. CBPA-15-34 PROJECT/LOCATION: 249 Deepwater Drive APPLICANT/AGENT: Phillips Housing and Development / Professional Construction Consultants, LLC PROPOSAL: In accordance with Section 26-527 of the Chesapeake City Code, the applicant is seeking an EXCEPTION to construct a single-family residence within the 50-foot landward and 50-foot seaward portions of the 100-foot RPA buffer. Based on the extent of all proposed improvements, the total impervious area will be 2,942 SF. SUBDIVISION/LOT #: NR Bells Mill WATERSHED: Southern Branch of the Elizabeth River TAX MAP SECTION/PARCEL: 0471000000010 CBPA BOARD ACTION: CBPA BOARD DENIED the request due to the flood-prone nature of the subject property (3-2 - Spaur/Greene; Conley/Curling opposed; Godette, Sherman absent; Scott, Midgette excused) Staff Presentation: Mr. Anaya presented the application to the Board with the CBPA Review Committee s recommendations. He presented pictures of the site at 249 Deepwater Drive. Mr. Anaya stated that the applicant is seeking an EXCEPTION to construct a single-family residence within the 50-foot landward and 50-foot seaward portions of the 100-foot RPA buffer. The site is currently undeveloped. The proposed development of the site will create a total of 2,942 SF of impervious area on the site (862 SF in 50-foot landward, 2,080 SF in 50-foot seaward). The site is entirely encumbered by the RPA, making impacts to the buffer unavoidable. There is little existing vegetation within the proposed limits of construction: however, existing trees will be preserved and additional tree plantings and bioretention beds are proposed, thus enhancing the buffer. Based on the CBPA Review Committee findings, the proposed plantings and bioretention beds are appropriate and necessary to prevent water quality degradation. Granting this exception would be in harmony with the purpose and intent of the Ordinance and in the best interest of water quality preservation. The upland portions of the site are entirely encumbered by the 100-foot RPA buffer, making impacts to the buffer unavoidable. New tree plantings and bioretention beds are proposed, thus helping to
mitigate impacts to the buffer as well as enhance it. Chesapeake Bay Preservation Area Board Page 3 Based on the CBPA Review Committee findings, granting this exception would not be based on any circumstances that are self-created or self-imposed. The lot was recorded in 1976, possibly earlier, so the conditions are pre-existing. This application was initially reviewed by the CBPA Review Committee on September 15, 2015. The Committee was in unanimous agreement to recommend granting the requested exception with the following stipulation: Provide three (3) large canopy trees in the RPA to mitigate the impact of the proposed development within the RPA. Per Sec. VII(B) of the Chesapeake Bay Preservation Area Ordinance Specifications Manual, the tree canopy coverage requirement for encroachment into the RPA buffer is fifty percent (50%). See Appendix A of the Chesapeake Landscape Specifications Manual for recommended tree species. Proponent: Richard Barlett, P.E., Professional Construction Consultants, LLC 5316 Brockie Street, Virginia Beach, VA, 23464 appeared before the Board on behalf of CBPA-15-34 representing applicant. Board Discussion: Ms. Green: When was the lot platted? Mr. Anaya: 1976 Mr. Barlett: The lot here, as Mike has shown in a couple of aerial photographs, is vacant. It s challenge because 97-99% of it is within the buffer and it is a little strip of about 380 square feet, right above the word of Bells Mill Road that is outside of the buffer, but effectively and for practical purposes, 99% of the lot is within the buffer and unless you grant us a variance, no structure can be built on it because it s encroaching and also because of where the buffer is located. I could not situate the house and get it all in the 100 foot buffer, it just wouldn t fit. I couldn t bring it closer to Bells Mill Road because of the sign setbacks along Bells Mill Road. The only way I could have done this is to move the house down in the southeast position and that would have really been tough, and I still wouldn t have gotten the house outside of the fifty foot buffer. So, in this case here, we re fronting the house on Deepwater Drive, which is really a lot better. Bells Mill Road has heavier traffic then Deepwater Drive and also for access, children playing, car access, etc Deepwater Drive has less travel road where Bells Mill Rd is more heavily traveled. So, we want to keep the site access to the house, meaning the driveway and the front door, facing Deepwater Drive. Also, checking with the City postal address is Deepwater Drive, so it kind of makes sense to face it that direction. If you notice that I pulled the house as far as to the southwest as possible, but that one corner of the house is sitting
Page 4 right at the building setback line, that bottom right hand makes it right against the building setback line so the house will be as far away from the buffer as I can make it. I tried to keep the house front parallel to Deepwater Drive and the property at the right of way line and that s why it s situated that way. For mitigation, I offer the four trees in the plan that are shown, which is the same comments and I worked with Mike Anaya on that. The location might be slightly adjusted depending on where the landscape consultant, the homeowner and I would like to put them, but we ll keep the four trees in that area there. We will obviously keep them above the four foot contour, even though the buffer is a three foot contour, we want to keep them higher. I have placed two BMP there and they are intended to catch and treat the storm water run-off from the house. I will work with the architect of the house and if there is bounce from the house, it will bounce into the BMP so that we don t have point discharge into the wetlands area so we re try to create as much as we can, we might have to shift the bmp s a little bit after. I ll work with the architect so that we can direct the water from the house best into those BMPs. Ms. Conley: Does anyone have any questions? Mr. Spaur: I handed out to the board members a photograph I took from standing out at Deepwater Road, it s most remarkable, enormous grass of wetland and it s must be 10 15 acres of which the lot to be development is adjacent to it. When I went out there last week, the mailbox right across the from where going to put the driveway had a big homemade sign that said No Wake Zone and all the grass was brown from a recent flood. Eighteen years ago, I looked at this property and development here was rejected and over the eighteen years I supposed the water table has probably come up two or three inches and now we re considering developing what previously was thought not to be developed! Ms. Conley: Were they looking at the wetlands to be developed or this lot? Because I m thinking eighteen years ago this lot should have been able to be developed. Mr. Spaur: You got me there. I don t know exactly what the property out line was to be developed there. Mr. Bartlett: Just looking at the aerial photograph here, I never looked at eighteen years ago at the house and you can see the house on the left hand side, the upland area was not impacted by wetlands when that was built and that house is at least 30-40 years old. It probably has been rebuilt or resided. I m just wondering if the rise in the sea level and everything else from the wetland impact is pushing it more towards that, the elevation behind that house is slightly higher than the elevations, 4 1/2 5 in the backyard of the house you see where in the back here Phillips Development, you can see an immediate change between wetlands grass then an upland turf, I m just wondering if that land that with the rising sea level it just keeps continuing eating into the property. And, if we can come back one hundred years from now, that maybe all (inaudible) into Bell Mills Road. Ms. Conley: I have concern that the driveway might be crossing the ditch that s probably jurisdictional by the Corps the roadside ditch if the three foot contour comes all the
Page 5 way up to the driveway I just didn t know if you looked at wetlands for your development or if you that think your driveway be or if there would not be any? Mr. Bartlett: We re going to keep the driveway line in with the three foot contour and we re going to have to put a drainage pipe under the driveway to continue flow because right now flow is from the Elizabeth River here to the southwest corner to the northeast and that s how storm water run-off the pave streets is entering that wetlands area. So the driveway is there s a ditch if you were to go out there now there is a ditch there and we are going to have to address that in the site plans so that we don t block the flow but we also want to keep the driveway southwest of the three foot contour so that we don t get in that buffer jurisdiction. Ms. Conley: I think that regardless of whether it s below the three foot contour, you may have an issue with the Army Corps, I just wanted to put that out there for you. Mr. Spaur: Is the blue line super imposed on the three foot contour? Mr. Anaya: I highlighted the line that was drawn on the plan its labeled CBPA features. Mr. Bartlett: That s the three foot contour and you can see that it does end up there by the driveway. I ll have to approach that with the Corps as to how we re have to handle that. It a little hard to see it on the plan, you can see the driveway just stops before the three foot contour hits it, so we re going to have to do something with the drainage in there. Ms. Conley: Is there any other questions? Mr. Nowak: Well if I may. I don t know enough of the botany on this but usually when you see an area like that s been wide open for a long period of a time, there are trees in it and with the (inaudible) of trees as it stands will the four canopy trees and the bio retention planting will those actually grow and live? Mr. Bartlett: The bioretention planting beds essentially as I shown here, we have excavate our soil down to minimum of eighteen inches and replaced it with a combination of sand, compost and mulch that is like a filter. The plants that I put on there I worked with a landscape consultant on that, usually it s perennials that don t have a very deep root system, that will also absorb the stormwater run-off from the structure here so the bio retention planting beds really does live, it s the plants that I put in the bio retention plants that live and I will make sure that they are perennials and not annuals because if they are annuals they ll forget next year and I then we will have to filter without any vegetation, so perennials should be planted there. I am going to assume that when I submit the site plan that perennials for landscape will be called out so we are on record that not planting annuals and after a year there s not just a hole in the ground. The trees, I haven t selected yet, I will work with the home owner, the landscape contractor and myself, I may want cherry trees and they like willow oak or something I m just picking random trees here but for the canopy trees or the Bald Cypress, which grows very good and we don t want anything that will be impacted by the possibly of salt water intrusion up in that area, so they would have to be salt tolerant trees, canopy trees. There s a list that
Page 6 Mike has noted that the Chesapeake Landscape Specification Manual for recommend trees species so I will be working with the architect, because we have to pick some of these trees they have to salt tolerant that s in there. I was at the site Don t know what the site looks like, just whatever is put in there has to be saltwater tolerant. Ms. Conley: Any other questions? CBPA BOARD VOTE: The CBPA Board DENIED the request of CBPA-15-34. (3-2 - Spaur/Greene; Conley/Curling opposed; Godette, Sherman absent; Scott, Midgette excused) OTHER BUSINESS: There was no other business discussed at the meeting. ADJOURNMENT: With no further business, the meeting was adjourned at 7:15 P.M. Sincerely, Robin Wilcox Recording Secretary