10 & 11 June 11, 2014 Public Hearing

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1 10 & 11 June 11, 014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENTS PERTAINING TO LIVING SHORELINE PROJECTS (SECTIONS 140, , AND 160 OF ZONING ORDINANCE) AMENDMENTS: 10. An Ordinance to Amend Sections140 and of the Wetlands Zoning Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects Under a General Permit as an Authorized Use and Credit for In-Lieu Fees. 11. An Ordinance to Amend Section160 of the Coastal Primary Sand Dune Ordinance (City Zoning Ordinance) Pertaining to Living Shoreline Projects under a General Permit as an Authorized Use. SUMMARY OF AMENDMENTS House Bill 57 allows a Wetlands applicant to apply credit for in-lieu fees paid to the Virginia Aquatic Resources Trust Fund to any required local in-lieu fees imposed by the Wetlands Board. House Bill 911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if constructed under the general permit issued for such activities. Staff recommends approval. RECOMMENDATION CITY OF VIRGINIA BEACH / LIVING SHORELINES Agenda Items 10 & 11 Page 1

2 AN ORDINANCE TO AMEND SECTION 160 OF THE COASTAL PRIMARY SAND DUNE ZONING ORDINANCE (CITY ZONING ORDINANCE) PERTAINING TO LIVING SHORELINE PROJECTS UNDER A GENERAL PERMIT AS AN AUTHORIZED USE Section Amended: Coastal Primary Sand Dune Ordinance WHEREAS, the public necessity, convenience, general welfare and good zoning 1 practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: That Section 160 of the Coastal Primary Sand Dune Ordinance is hereby 18 amended and reordained to read as follows: 19 0 Sec Uses. 1 The following uses of and activities in dunes are authorized, if otherwise 3 permitted by law: (a) The construction and maintenance of noncommercial walkways which do not alter the contour of the coastal primary sand dune; 30 (!ill The construction of living shoreline projects authorized pursuant to a 31 general permit developed under Va. Code B COMMENT House Bill911 exempts living shoreline projects from the Coastal Primary Sand Dune Act if 38 constructed under the general permit issued for such activities. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 014.

3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (JJ cibti MNJ City Attorney's Office CA1993 R-1 April 9, 014

4 AN ORDINANCE TO AMEND SECTIONS 140 AND OF THE WETLANDS ZONING ORDINANCE (CITY ZONING ORDINANCE) PERTAINING TO LIVING SHORELINE PROJECTS UNDER A GENERAL PERMIT AS AN AUTHORIZED USE AND CREDIT FOR IN-LIEU FEES Sections Amended: Wetlands Zoning Ordinance 140 & WHEREAS, the public necessity, convenience, general welfare and good zoning 1 practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: That Sections 140 and of the Wetlands Zoning Ordinance are hereby 18 amended and reordained to read as follows: 19 0 Sec.140. Uses. 1 The following uses of and activities in wetlands are authorized, if otherwise 3 permitted by law: 4 5 (a) The construction and maintenance of noncommercial catwalks, piers, 6 boathouses, boat shelters, fences, duckblinds, wildlife management 7 shelters, footbridges, observation decks and shelters and other similar 8 structures; provided that such structures are so constructed on pilings as 9 to permit the reasonably unobstructed flow of the tide and preserve the 30 natural contour of the wetlands; ill The construction of living shoreline projects authorized pursuant to a general permit developed under Va. Code B.

5 4 CO~ENT House Bill 911 exempts living shoreline projects from the Wetlands Act if constructed 45 under the general permit issued for such activities Sec Standards for use and development of wetlands (a) The following standards shall apply to the use and development of 50 wetlands and shall be considered by the Board in the determination of whether any 51 permit required by this article should be granted or denied: {Q} Where an agreed-upon permit condition requires the contribution of in-lieu 55 fees to offset permitted wetland losses, the Wetlands Board shall credit the applicant for 56 any in-lieu fee payments made to the Virginia Aquatic Resources Trust Fund or another 57 dedicated wetlands restoration fund with reference to the same activity COMMENT House Bill 57 allows a Wetlands applicant to apply credit for in-lieu fees paid to the 6 Virginia Aquatic Resources Trust Fund to any required local in-lieu fees imposed by the Wetlands 63 Board Adopted by the Council of the City of Virginia Beach, Virginia, on the day 66 of _, 014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office CA13006 R-1 April 5, 014