CHESAPEAKE BAY PRESERVATION AREA BOARD

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2 CHESAPEAKE BAY PRESERVATION AREA BOARD NOTICE OF PUBLIC HEARING The Virginia Beach Chesapeake Bay Preservation Area Board will hold a Public Hearing on Monday, November 28 th, 2016 at 10:00 a.m. in the City Council Chamber, Virginia Beach Municipal Center, Virginia Beach, Virginia. An informal session is held at 9:00 a.m. in the City Council Chamber 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 Chamber. The staff reviews all of the items on this agenda and offer recommendation 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. 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. THE FOLLOWING DESCRIBES THE ORDER OF BUSINESS FOR THE PUBLIC HEARING (IF YOU DO NOT UNDERSTAND, ASK A STAFF MEMBER SITTING AT THE DESK AT THE FRONT OF THE CHAMBER OR THE STAFF MEMBER AT THE DESK OUTSIDE THE CHAMBER). 1. DEFERRALS: The first order of business is the consideration of requests to defer an item. The Board will ask those in attendance at the hearing if there are any requests to defer an item that is on the agenda. PLEASE NOTE THE REQUESTS THAT ARE MADE, AS ONE OF THE ITEMS BEING DEFERRED MAY BE THE ITEM THAT YOU HAVE AN INTEREST IN. If an item is deferred, a deferral date will be determined at the public hearing. Typically deferrals range from thirty (30) to sixty (60) days or may be deferred indefinitely. The Board will vote on all of the items deferred individually. It is important, therefore, if you have an objection to an item being deferred to note your objection as the Board goes through the items being considered for deferral. 2. CONSENT AGENDA: The second order of business is consideration of the consent agenda. The consent agenda contains those items a. that the Board believes are unopposed and b. which have a favorable Staff recommendation. If an item is placed on the Consent Agenda, that item will be heard with other items on the agenda that appear to be unopposed and have a favorable staff recommendation. The Board will vote on all of the items at one time. Once the Board has approved the item as part of the Consent Agenda, the variance request is granted and will not be discussed any further. It is important, therefore, if you have an objection to an item being placed on the Consent Agenda to note your objection as the Board goes through the items being considered for the Consent Agenda. Chesapeake Bay Preservation Area Board Agenda November 28, 2016 Page 1

3 Process for the Consent Agenda: The Board will announce the item number and item title being considered for inclusion on the Consent Agenda. The Board will ask if there is anyone in the audience representing the item, and if so, ask them to go up to the podium and state their name for the record. The Board will ask the representative of the item if they are aware of the conditions and if they agree to the conditions. The Board will then ask if there is anyone in the audience in opposition to the item. If you are opposed to the item, stand or raise your hand to let the Board know. If the item is opposed, it will be removed from the consent agenda and heard in its normal place on the agenda. After the Board has gone through all of the items that it believes should be on the Consent Agenda, it will vote at one time for all of the items, announcing the number of each item being voted on. Pay attention to the list of items being voted on. 3. REGULAR AGENDA: The Board will then proceed with the remaining items on the agenda, according to the following process: a. The applicant or applicant s representative will have 10 minutes to present its case. b. Next, those who wish to speak in support to the application will have 3 minutes to present their case. c. If there is a spokesperson for the opposition, he or she will have 10 minutes to present their case. d. All other speakers not represented by the spokesperson in opposition will have 3 minutes. e. The applicant or applicant s representative will then have 3 minutes for rebuttal of any comments from the opposition. f. There is then discussion among the Board members. No further public comment will be heard at that point. The Board may, however, allow additional comments from the opposition if a member of the Board sponsors the opposition. Normally, you will be sponsored only if it appears that new information is available and the time will be limited to 3 minutes. g. The Board does not allow slide or computer generated projections other than those prepared by the Planning Department Staff. The Board asks that speakers not be repetitive or redundant in their comments. Do not repeat something that someone else has already stated. Petitions may be presented and are encouraged. If you are part of a group, the Board requests, in the interest of time, that you use a spokesperson, and the spokesperson is encouraged to have his or her supporters stand to indicate their support 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. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Planning and Community Development at (757) Chesapeake Bay Preservation Area Board Agenda November 28, 2016 Page 2

4 CHESAPEAKE BAY PRESERVATION AREA BOARD TENTATIVE 2017 PUBLIC HEARING DATES Monday January 23 Monday July 24 Monday February 27 Monday August 28 Monday March 27 Monday September 25 Monday April 24 Monday October 23 Monday May 22 Wednesday November 22 Monday June 26 Wednesday December 20 Please visit for CBPA Board agendas, reports and minutes. NOVEMBER 28, 2016 CHESAPEAKE BAY PRESERVATION AREA BOARD AGENDA 9:00 AM INFORMAL STAFF BRIEFINGS OF PUBLIC HEARING AGENDA ITEMS 10:00 AM FORMAL REVIEW OF PUBLIC HEARING AGENDA ITEMS NEW AGENDA ITEMS 1. Clarence E. Harris, Jr. [Property Owner] BRIBRA Acquisitions, Inc [Applicant] 321 London Bridge Road GPIN: COUNCIL DISTRICT - Beach Applicant s Agent Eddie Bourdon Staff Planner PJ Scully Page 5 Chesapeake Bay Preservation Area Board Agenda November 28, 2016 Page 3

5 NEW AGENDA ITEMS (continued) 2. Elizabeth Rathbone [Applicant & Property Owner] 836 Coverdale Lane GPIN: COUNCIL DISTRICT - Lynnhaven Applicant s Agent Dennis W. Florence Staff Planner PJ Scully Page Dr. Alexander Ellis & Dr. Amy Skorupa [Applicant & Property Owner] 912 Enfield Chase GPIN: COUNCIL DISTRICT - Lynnhaven Applicant s Agent David Tillar, Jr. P.E. Staff Planner PJ Scully Page 32 Chesapeake Bay Preservation Area Board Agenda November 28, 2016 Page 4

6 Applicant Clarence E. Harris, Jr. Address 321 London Bridge Road Public Hearing November 28, 2016 City Council District Beach Agenda Item 1 Applicant s Agent Eddie Bourdon Staff Planner PJ Scully Lot Recordation 4/8/2002 Map Book 304, Page 80 GPIN SITE AREA 104,385 square feet or acres SITE AREA OUTSIDE OF WATER/WETLANDS 103,840 square feet or acres EXISTING IMPERVIOUS COVER OF SITE 16,445 square feet or 15.8% of site PROPOSED IMPERVIOUS COVER OF SITE 46,445 square feet or 44.7% of site Area of Redevelopment in RPA 443 square feet Area of New Development in RPA 5,526 square feet Location of Proposed Impervious Cover 50 Seaward Buffer 50 Landward Buffer 100 Variable Width Buffer Resource Management Area (RMA) AMOUNT OF LAND DISTURBANCE Greater than 2,500 square feet Clarence E. Harris, Jr. Agenda Item 1 Page 5

7 Summary of Proposal Demolition Details All driveways, concrete pads and structures Construction Details 13 lot single family subdivision with associated asphalt roadway CBPA Ordinance Variance History No prior variance history Environmental Conditions Flood Zone 0.2% Annual Chance of Flooding Soil Type(s) Augusta Series (deep, nearly level and poorly drained soils) Nawney Series (deep, poorly drained soils) Shoreline Shoreline is a narrow ravine with shallow banks. Riparian Buffer Sparsely wooded Number of existing canopy trees requested for removal within the RPA: 4 Number of existing understory trees requested for removal within the RPA: 3 Approximate square footage of tree canopy to be removed: 2,800 square feet Approximate linear footage of shoreline to be managed: Approximately 150 linear feet to be evaluated for invasive species removal Evaluation of existing tree removal request: Overall health of the riparian buffer is moderately stressed due to storage of materials on property and daily vehicular activities occurring within root zones of canopy trees. Evaluation and Recommendation The applicant s engineer of record engaged with staff regarding encroachments within the 100 foot buffer of the Resource Protection Area (RPA). As a result of that meeting, the following changes were made to the request: reduction in proposed number of lots within the 100 foot buffer of the RPA from three to two, utilization of open space within the RPA towards best management practices for stormwater infiltration promotion, and an evaluation of the existing riparian buffer for declining canopy trees and invasive plant species removal. The applicant s introduction of stormwater management and riparian buffer restoration within the 100 foot buffer offers viable means of development mitigation towards proper site management to enhance ecological benefits, pollution control and water quality maintenance. Staff supports this application subject to the following recommended conditions. Clarence E. Harris, Jr. Agenda Item 1 Page 6

8 Recommended 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 individual single family lots with encroachments into the Resource Protection Area (RPA) buffer. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 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 lie a maximum of 15' 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. 5. Prior to clearing, grading, demolition or construction, tree protection shall be erected outside of the dripline (to the greatest extent practicable) of any tree or stand of trees to be preserved. Said 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. 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. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 8. Individual single family lot encroachments into the RPA buffer shall be limited to lots 1, 3, 4, 5 and 6. Said encroachments shall not extend into the seaward 50 feet of the RPA buffer and shall not exceed the Lot Table square footage quantities described on sheet C-2.0 of the exhibit plan. 9. Individual single-family site plans for lots encroaching into the RPA shall be submitted to the Department of Planning and Community Development, Development Services Center (DSC) for review and approval prior to the issuance of a building permit. The conditions of this variance shall be noted on the submitted site plan. 10. Submitted concurrent with the individual single family site plans for lots encroaching into the RPA shall be a separate planting / buffer restoration plan detailing location, number, and species of vegetation to be installed as per the proposed square footage quantities proffered by the Buffer Restoration Table on sheet C-2.0 of the exhibit plan. 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 to the greatest extent practicable. Planting / buffer restoration areas 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. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. Clarence E. Harris, Jr. Agenda Item 1 Page 7

9 11. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 12. ** As offered by the applicant for lots encroaching into the RPA, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with individual single family 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. 13. The recordation of this variance shall be referenced on the subdivision plat by the following note: "A CHESAPEAKE BAY PRESERVATION AREA (CBPA) BOARD VARIANCE WAS APPROVED (provide date of variance). THE VARIANCE APPROVAL CONTAINED CONDITIONS FOR ALL PROPOSED CONSTRUCTION THAT DELINEATED LIMITS OF IMPERVIOUS COVER FOR SPECIFIC SINGLE FAMILY LOTS. LIMITS OF IMPERVIOUS COVER ARE SHOWN ON THE CBPA EXHIBITS AND ARE ON FILE WITH THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. DEVIATION FROM SAID EXHIBIT PLAN MAY REQUIRE RESUBMITTAL FOR BOARD CONSIDERATION." 14. The conditions and approval associated with this variance are based on the exhibit plan dated July 29, 2016 with a revision date of October 25, 2016, prepared by WPL, signed October 25, 2016 by Eric Garner. The conditions and approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** 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. Clarence E. Harris, Jr. Agenda Item 1 Page 8

10 Site Aerial Clarence E. Harris, Jr. Agenda Item 1 Page 9

11 CBPA Exhibit Existing Conditions Clarence E. Harris, Jr. Agenda Item 1 Page 10

12 CBPA Exhibit Proposed Improvements Clarence E. Harris, Jr. Agenda Item 1 Page 11

13 CBPA Exhibit Conceptual Buffer Restoration Clarence E. Harris, Jr. Agenda Item 1 Page 12

14 Disclosure Statement Clarence E. Harris, Jr. Agenda Item 1 Page 13

15 Clarence E. Harris, Jr. Agenda Item 1 Page 14

16 Clarence E. Harris, Jr. Agenda Item 1 Page 15

17 Clarence E. Harris, Jr. Agenda Item 1 Page 16

18 Clarence E. Harris, Jr. Agenda Item 1 Page 17

19 Clarence E. Harris, Jr. Agenda Item 1 Page 18

20 Clarence E. Harris, Jr. Agenda Item 1 Page 19

21 Applicant Elizabeth Rathbone Address 836 Coverdale Lane Public Hearing November 28, 2016 City Council District Lynnhaven Agenda Item 2 Applicant s Agent Dennis W. Florence Staff Planner PJ Scully Lot Recordation 12/11/1970 Map Book 122, Page 8 GPIN SMALL PROJECT IN THE RPA PROPOSED IMPERVIOUS COVER Area of Redevelopment in RPA 0 square feet Area of New Development in RPA 80 square feet Location of Proposed Impervious Cover 50 Seaward Buffer AMOUNT OF LAND DISTURBANCE Less than 2,500 square feet Elizabeth Rathbone Agenda Item 2 Page 20

22 Summary of Proposal Demolition Details None Construction Details Elevated playhouse 8 feet x 10 feet CBPA Ordinance Variance History No prior variance history Environmental Conditions Flood Zone X Soil Type(s) Rumford Series (highly erodible soils) Shoreline Shoreline has not been hardened. Riparian Buffer Moderately wooded Number of existing trees requested for removal: 0 Evaluation and Recommendation The applicant s request is to construct an elevated playhouse as depicted on the submitted Chesapeake Bay Preservation Area (CBPA) exhibit with an estimated two (2) square feet of land disturbance timber post installations. Staff support this request as submitted and recommends approval subject to the following recommended condition. Recommended Conditions 1. The approval associated with this variance are based on the exhibit prepared by the applicant and presented to the Board; the application submitted and the sworn presentation to the Board. Deviation from said exhibit will 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. Elizabeth Rathbone Agenda Item 2 Page 21

23 Site Aerial Elizabeth Rathbone Agenda Item 2 Page 22

24 CBPA Exhibit Proposed Improvements Elizabeth Rathbone Agenda Item 2 Page 23

25 CBPA Exhibit Conceptual Elevation Elizabeth Rathbone Agenda Item 2 Page 24

26 Disclosure Statement Elizabeth Rathbone Elizabeth Rathbone Agenda Item 2 Page 25

27 Elizabeth Rathbone Agenda Item 2 Page 26

28 Elizabeth Rathbone Agenda Item 2 Page 27

29 Elizabeth Rathbone Agenda Item 2 Page 28

30 Elizabeth Rathbone Agenda Item 2 Page 29

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32 Elizabeth Rathbone Agenda Item 2 Page 31

33 Applicant Drs. Alexander Ellis & Amy Skorupa Address 912 Enfield Chase Public Hearing November 28, 2016 City Council District Lynnhaven Agenda Item 3 Applicant s Agent David B. Tillar, Jr. P.E. Staff Planner PJ Scully Lot Recordation 6/21/1984 Map Book 180, Page 42 GPIN SITE AREA 71,581 square feet SITE AREA OUTSIDE OF WATER/WETLANDS 33,753 square feet EXISTING IMPERVIOUS COVER OF SITE 8,338 square feet or 24.7% of site PROPOSED IMPERVIOUS COVER OF SITE 10,071 square feet or 29.83% of site Area of Redevelopment in RPA 135 square feet Area of New Development in RPA 1,733 square feet Location of Proposed Impervious Cover 50 Seaward Buffer 50 Landward Buffer AMOUNT OF LAND DISTURBANCE Greater than 2,500 square feet Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 32

34 Summary of Proposal Demolition Details Existing paver walkway Construction Details Swimming pool Paver patio permeable paver system Building addition Hot tub The applicant is in the process of vacating the interior property line and has submitted documentation to the Development Services Center (DSC) for review and approval. The DSC is waiting for originals to be submitted. CBPA Ordinance Variance History A Chesapeake Bay Preservation Area (CBPA) application to construct two retaining walls with associated backfill, an inground swimming pool with associated paver patio and a building addition to the primary structure was heard by the CBPA Board with the following public hearing history: Deferred for 30 days from the July 25, 2016 CBPA Public Hearing Deferred for 60 days from the August 22, 2016 CBPA Public Hearing Denied at the October 24, 2016 CBPA Public Hearing Staff write-up from the October 24, 2016 CBPA Public Hearing The amount of impervious cover within the seaward buffer has been reduced by 253 square feet from approximately 490 square feet represented on the Chesapeake Bay Preservation Area (CBPA) exhibit at the August public hearing to approximately 237 square feet currently represented; however, the overall post-development area has increased. Postdevelopment area depicted on the CBPA exhibit at the August public hearing was 10,300 square feet or percent of the site. Currently, the overall post-development area is 10,425 square feet or percent of the site. To address the post-development area increase the applicant is proposing a permeable paver system for the 1,346 square foot pool deck. The proposed retaining wall located west of the existing wood steps remains a concern for Staff: As presented within the August staff report: The necessity for the proposed retaining wall and associated fill relative to conferring the applicant any special privileges or convenience not accorded to other owners of property in the CBPA who are subject to the provisions of the CBPA Ordinance [Sec. 110 (H)]. Moreover, during the site visit Staff did not see any visual signs of structural failure to the existing residence or driveway nor has any evidence of such failure been submitted. In addition, the existing bank is stabilized with vegetation and further buffered from tidal influence by the existing marsh along the entire toe of slope. Even though the modifications to the CBPA exhibit have merit, Staff does not fully support this request based on the concerns expressed above relative to Section 110 (H) of the CBPA Ordinance. Staff recommends approval of this application for a swimming pool and paver patio subject to the following recommended conditions. Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 33

35 Environmental Conditions Flood Zone AE Elevation 9.0 below the top of bank Soil Type(s) State Series (deep and well-drained soils) Rumford Series (highly erodible soils) Shoreline Shoreline has not been hardened, established marsh present along toe of slope Riparian Buffer Moderately wooded site with mature forest floor and understory vegetation present below the top of bank feature Number of existing trees requested for removal: 8 Evaluation of existing tree removal request: Trees to be removed are within the limits of construction consisting of 5 Pine trees and 3 Oak trees. Areas outboard the limits of construction are shown as remaining in the natural state of the existing riparian buffer with an introduction of buffer mitigation plant material. Evaluation and Recommendation In October the CBPA Board heard a request on this site to construct two retaining walls with associated fill, a swimming pool with associated paver patio and a building addition to the primary structure. It was the consensus of the Board that aspects of that request were excessive and the request was denied. The performance standards set forth within the Chesapeake Bay Preservation Area (CBPA) Ordinance are intended to prevent a net increase in nonpoint source pollution from new development on previously developed land and minimize impervious cover to promote infiltration of stormwater into the ground consistent with the use or development proposed through the incorporation of structural or nonstructural urban best management practices [Sec. 106 (A)(3)]. Post-denial of the October 24, 2016 CBPA Board request, the applicant modified and submitted a new request minimizing impervious cover by eliminating the proposed retaining walls and paver patio encroachment within the 50 foot seaward buffer of the Resource Protection Area (RPA). This application has retained the use of structural best management practices (permeable paver system) coupled with buffer restoration planting as mitigation towards proper site management to enhance ecological benefits, pollution control and water quality maintenance. Staff support this request as submitted and recommends approval subject to the following recommended conditions. Recommended Conditions 1. A pre-construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Land disturbance shall be limited to the area necessary to provide for the proposed use or development. 3. 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 measures shall be installed as delineated per the CBPA Variance Exhibit. Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 34

36 4. Construction limits shall be contained within the limits of the delineated silt fence per the CBPA Variance Exhibit. 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. 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. Permanent and / or temporary soil stabilization measures shall be applied to all disturbed / denuded area(s) prior to a final building inspection or certificate of occupancy. All disturbed or denuded areas shall be stabilized in accordance with the Virginia Erosion and Sediment Control Law and Regulations. 7. 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. 8. 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. 9. Stormwater management shall comply with the requirements set forth within the Code of Ordinances, Appendix D Stormwater Management. 10. Buffer restoration shall be installed in substantial compliance with the landscape plan exhibit dated August 8, 2016 prepared by David B. Tillar, P.E., signed November 3, 2016 by David B. Tillar, Jr. 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. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 11. **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 433 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin. 12. Mature trees exist adjacent to tidal waters, the select removal of lower tree limbs shall be performed thereby permitting sunlight to interface with tidal fringe marsh. 13. It is the opinion of the Board that the approval granted is the maximum impervious cover the site can support. 14. The conditions and approval associated with this variance are based on the exhibit plan dated August 8, 2016, prepared by David B. Tillar, P.E., signed November 3, 2016 by David B. Tillar, Jr. The conditions and approval associated with this variance are based on the Board exhibit prepared by the applicant and presented to the Board, the application submitted and the sworn presentation to the Board. ** 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. Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 35

37 Site Aerial Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 36

38 Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 37

39 CBPA Exhibit Existing Conditions Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 38

40 CBPA Exhibit Proposed Improvements Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 39

41 CBPA Exhibit Landscape Plan Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 40

42 Disclosure Statement Drs. Alexander Ellis & Amy Skorupa Drs. Alexander Ellis & Amy Skorupa Agenda Item 3 Page 41

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