Greenbrier Area Plan

The Greenbrier Area Plan will be presented to the City Council for approval at their July 15 meeting.  

On May 14, the Planning Commission recommend Approval of the May draft of the Greenbrier Area Plan.  It will probably be presented to the City Council at a Work Session in June and go for approval in July.  

The May draft did an excellent job of defining human-scaled neighborhoods and commercial districts that are pedestrian and bicycle friendly and balancing the needs of people while accommodating vehicular traffic.  Practically all the comments from the Bicycle and Trails Advisory Committee were incorporated in the draft.  

But the Plan falls short on taking proactive steps on tree preservation, adopting healthy lighting standards, and protecting birds.   Business as usual will result in the loss of another 300 acres of tree canopy when vacant parcels are developed around Greenbrier.  The only tree preservation recommendations our group made that were incorporated were suggestions for tree planting at the highway interchanges and the edges of City Park.  They also added a mention of increasing tree canopy in Areas of Enhancement. 

Not included were recommendations to 

• Expand Oak Grove Lake Park to preserve 94 to 110 acres of City and State-owned forested wetlands adjacent to Oak Grove Lake Park.  Although owned by City and State, the land is currently zoned for residential development.
• Add new project: Implement a street tree planting program in medians along Battlefield Blvd, Knell's Ridge Blvd, Volvo Parkway, Greenbrier Parkway, Military Highway, and Kempsville Road.  Planting 500 trees creates about 5 acres of tree canopy which will help mitigate urban heat island effects, calm traffic, reduce runoff, improve air quality, and beautify the area.
• Identify incentives to encourage development projects in Areas of Transformation and Areas of Enhancement to a) preserve mature trees during development and b) voluntarily plant tree canopy at coverage percentages higher than the 10% to 20% required by ordinance. 
• Identify incentives to encourage retrofits of existing parking lots to plant new trees and implement stormwater management best practices.

Part of the rationale the Planning Department shared was that the vision was for Greenbrier to absorb more expected growth in the City and thereby reduce development pressure in the southern part of the City.   Regarding expanding Oak Grove Lake Park, they felt that required more intensive consultation with Parks, Recreation, and Tourism.  

For lighting standards, in the Design Guidelines they added that "Lighting fixtures associated with buildings should consider Dark Sky recommendations, surrounding land uses, and limit light pollution", but only as a "recommended", i.e. not required, guideline.    They did not include the level of detail found in the recently approved Virginia Commerce Park Design Guidelines.   Added to the Building Design section, it is not obvious that this applies to parking lot lighting and it wouldn't directly apply to street lighting, since there is a separate section of the document for the Public Realm and Streets.  It does not address the street lighting color temperature to recommend warmer (<3000K) lighting.  

For bird-safe window design, in the Design Guidelines they added a mention of "building materials and detailing that support the natural habitat and wildlife such as bird-friendly window designs" but with no further detail and only as a "recommended", i.e. not required, guideline.  

You can find the current draft of the documents at Greenbrier Area Plan | Chesapeake, VA

2025 City Budget

From environment and sustainability side, there are some noteworthy new projects in the Capital Improvement Program, including 

-#20-300 Urban Forestry [Master Plan] & Tree Inventory Plan - will provide the framework for managing the green infrastructure of the City for the next 20 years and beyond [and] ensure a cohesive approach towards tree management and preservation.  - budget $500K in 2026

- #15-300 Chesapeake Pedestrian Access Improvements - funds improvements to pedestrian crossings at 33 signalized intersections in the City and include high-visibility crosswalks, pedestrian signal poles, push buttons, and curb ramps with detectable warnings. - budget $4.125M in 2026 via VDOT Reimbursements.  More details at Highway Safety Improvement Program - VDOT Smart Portal

- #27-300 Wayfinding Signage - implementation of a scalable wayfinding sign ‘family’ consisting of entryway, gateway, and both pedestrian and vehicular wayfinding signage [to] connect areas in the City to a cohesive Chesapeake identity while highlighting unique community features - budget $350K in 2026

The CEIC and Tree Board have been calling for the creation of an Urban Forestry Master Plan for several years.  Safer pedestrian crossing and wayfinding signage were both in the Bicycle/Trails Advisory Committe wish list during the review process for the Trails and Connectivity Plan.  

The City Council will vote on the proposed Budget on May 13.

General Assembly Update - Governor's Actions

The Governor has now taking actions - signing or vetoing bills passed by the General Assembly. Here are some of the environmental related bills of local interest.

Governor Approved

SB 1416 - Passed Senate 40-0, Passed Housed 75-20

• Amends Virginia Code § 46.2-924 to establish stricter penalties for drivers who fail to stop for pedestrians at crosswalks. 

HB 1941 - Passed Senate as amended 27-9, passed House as amended 67-28

SB 1166 - Passed House as amended 62-44, Passed Senate as amended 33-7

• Mandates that retailers must post conspicuous signage near each invasive plant display that identifies the plant as invasive, educates consumers about invasive plant species, and encourages them to ask about alternative plant options.

HB 2630 - Passed House 63-35, Passed Senate 27-9

• Enables localities to establish tree canopy banks or funds to facilitate tree preservation and planting efforts

Governor provided Substitute Language:

HB2034 - Passed House 80-18, Passed Senate 36-0

• Directs the Secretary of Natural and Historic Resources to establish a policy task force focused on protecting, restoring, and creating tidal and nontidal wetlands in Virginia. The task force will develop strategies to address wetland losses caused by human activities and climate change and recommend policy changes to accelerate wetland identification and protection. The task force's work will specifically aim to integrate wetland protection strategies into existing plans like the Virginia Flood Protection Master Plan and the Virginia Coastal Resilience Master Plan.
• Governor's substitute removes language related to Virginia Flood Protection Master Plan and the Virginia Coastal Resilience Master Plan

HB 1883 - Passed Senate as amended 23-17, Passed House as amended 58-39
SB 1040 - Passed House as amended 97-0, Passed Senate as amended 23-17

• Modifies the renewable energy portfolio standard (RPS) program for electric utilities, specifically expanding the definition of "behind-the-meter solar" to include solar electric generation and battery storage systems connected on the customer's side of the utility meter. The bill increases the requirement for Phase II utilities to meet a portion of their RPS program requirements with behind-the-meter solar, wind, or anaerobic digestion resources of three megawatts or less, starting at 3% in 2026 and increasing to 5% in 2028. It also removes the previous 50-kilowatt minimum requirement for solar or wind generation facilities to qualify for third-party power purchase agreements. 
• Governor's substitute makes significant changes and pushes compliance to 2028

Governor Vetoed

HB 2638 - Passed House 63-35, Passed Senate 22-18

• Expands local government authority to conserve and replace trees during the development process, increasing tree canopy percentage requirement particularly for low density developments.  Allows hardship exceptions.  Allows localities to monitor tree canopy conditions for up to 20 years after planting. Provides detailed provisions for how tree canopy can be preserved, replaced, or credited, including allowances for off-site tree planting, preservation of existing trees, and bonus credits for planting trees that provide environmental benefits like pollution reduction or wildlife habitat. Additionally, the bill enables localities to establish tree canopy banks or funds to facilitate tree preservation and planting efforts

HB 2037 - Passed Senate as amended 21-18, Passed House as amended 62-34

• Allows local governments in Virginia to create land development ordinances that require solar canopies in large nonresidential parking lots. Specifically, these ordinances can mandate solar canopies over surface parking areas with 100 or more spaces, potentially covering up to 50 percent of the parking area. 

HB 2090 - Passed Senate as amended 21-18, Passed House as amended 51-44

• Amends Virginia's multi-family shared solar program by expanding the definition of shared solar facilities to include rooftop installations on commercial buildings that share a common or adjacent substation with the subscriber, and introduces a new concept of a "minimum bill" for program participants.

SB 823 - Passed Senate 21-19; Passed House 51-46

• Requires Dominion Energy Virginia and Appalachian Power to develop comprehensive plans for renewable energy facility construction that prioritize local economic development and workforce opportunities. Specifically, when constructing renewable energy facilities, these utilities must submit a plan to the State Corporation Commission (SCC) that addresses (1) utilizing local workers, (2) demonstrating economic development benefits for Virginia including capital investments and job creation, (3) advancing workforce development goals through apprenticeship and training programs, and (4) prioritizing hiring and training of local workers, workers from historically economically disadvantaged communities, and veterans.

SB1313 - Passed Senate 20-19, Passed House 50-47

• Authorizes any locality in the Commonwealth to adopt an affordable housing dwelling unit program by amending the zoning ordinance to promote construction of moderately priced housing by providing optional increases in density and other measures to boost housing supply.  In addition to optional increases in density, the program may also include any combination of the following implementation measures and tools:
  1. Lot size reductions
  2. Contribution to a local housing trust fund in lieu of construction of affordable housing units;
  3. Accessory housing unit allowances;
  4. Housing inspection programs designed to ensure the quality and safety of affordable housing constructed in accordance with the locality's comprehensive plan;
  5. Allowance of duplexes, triplexes, and quadruplexes in areas with primarily single-family detached homes
  6. Allowance of conversion of office, light industrial, and commercial space to multifamily use;
  7. Encouragement of transit-oriented development;
  8. Provision of financial incentives or removal of financial disincentives to promote development of new affordable housing
  9. Allowance of lower-cost home construction alternatives, including manufactured homes and duplex manufactured homes; and
  10. Other policies, measures, or tools that have a positive impact on the production and maintenance of affordable housing units.

SB1254 - Passed Senate 20-19, Passed House 50-47

• This bill requires cities with populations over 20,000 and counties with populations over 100,000 to consider adopting an environmental justice strategy during their next and subsequent comprehensive plan reviews, beginning July 1, 2025.

Not Passed by GA

HB 1950 - Failed, Left in Appropriations

• Establishes a new Living Shoreline Grant Fund to be administered by the Marine Resources Commission, with the purpose of providing grants to local governments or federally recognized tribes in Virginia to match federal or other funding sources.

See what happened with other environmental bills and details at Virginia Conservation Network Bill Tracker

Greenbrier Area Plan

Updated September 2, 2024

The stated purpose of the Greenbrier Area Plan is to "develop strategies to guide future development, maintain Greenbrier’s economic advantage in the marketplace and attract new businesses and residents by improving the qualities that make Greenbrier a unique place in the city." The plan envisions significantly increasing the density of the area with considerable new urban mixed-use development, new neighbor scale and age-targeted housing, adding a large capacity regional multi-purpose athletic/entertainment facility, all while enhancing the commercial retail environment and serving a major urban employment center.   

One stated goal is to improve the Quality of Life for residents and workers in the Greenbrier area "by strengthening the appeal and livability of the built environment and the availability and quality of services provided."  Some of the specific components to be studied include steps to

• improve existing open spaces, create new open spaces, integrate existing water features and other natural resources, and expand the tree canopy
• improve congestion and connectivity. Private vehicles, public transportation, parking, bike trails, and roadway beautification will all be considered.
• high-level infrastructure improvements needed to support future development within the study area, including water, sewer, stormwater, and communications.
• address resiliency in regard to the overall environmental and economic health of the study area.
• development of design guidelines to include components such as site design, building design, place-making, branding, wayfinding, and other design components 
• a deliberate approach to streetscapes, landscaping, lighting, and sidewalks will help promote a more pedestrian-friendly environment.

On May 22, the City held an Open House to share some of the plans so far, but the information presented very high level, essentially consisting of 7 charts that can be seen at Greenbrier Area Plan | Greenbrier Area Plan | Chesapeake, VA (cityofchesapeake.net). Many of the components listed above were only touched upon lightly, providing limited information on which to comment.  Another Open House is expected in the fall.

The environmental benefit of targeting development to such an urban core is that it helps divert development from open space and agricultural areas on the fringe of the region.  The City's population, currently at 255,000, is projected to grow to just shy of 300,000 by 2045. The number of households will grow from about 95,000 to over 113,000.  That is 18,000 new households.  Focusing a greater portion of this growth in existing parts of the city rather than low-density "suburban sprawl" can result in preservation of open space and agricultural lands on the outskirts of the City. 

But in order for increased density to have provide a real benefit of bringing people and business together, the area needs to have strongly enhanced pedestrian, bicycle, and transit infrastructure to encourage people to get out of their cars.  Otherwise, if all the extra people living and working in the area are forced to rely on automobiles, the plan will result in severe traffic congestion.   We also need to figure out how to grow our urban forest while building more housing, including more affordable housing.   And all this new development needs to factor in a 21st century building standards, high quality of life, and climate resilience.  

At our August Green Drinks meeting we discussed improvements and comments on the plan that the group would like to see including:

Pedestrian, Bicycle and Active Connectivity and Safety

- Adopt Complete Streets approach including sidewalks, more and better crosswalks, bike paths, etc.

- Complete Volvo Parkway Multi-Use Path to Oak Grove Park and then on to Chesapeake Hospital

- Prioritize trail connections between Summit Point, Oak Grove Park, Chesapeake Hospitial, Arboretum, and City Park.

- Be consistent with Trails and Connectivity Plan

- Address walkability (similar to Virgnia Commerce Park - FT Williams site) Design Guidelines

- Bicycle Pedestrian Connectivity to Indian River and Great Bridge (across highways)

- Trees along trails

- Add pocket parks

Transit

- Incorporate HRT Connecting Chesapeake recommendations

- Increase bus frequency

- Shuttle service between Conference Center, Summit Point, City Hall

Trees

- 30% Tree Canopy Goal

- Incentives for tree preservation rather than lawns and parking

- Street tree planting

- Preservation of City owned forest land adjacent to Oak Grove Park

Building Energy Efficiency, Lighting, and Dark Skies

- New construction and major renovation of buildings should take advantage of best available building design and operation practices.  The Virginia Commerce Park Design Guidelines 

- LED lighting at 3000K or below

- Bird Safe Glass for new construction

- Lights Out/Dark Sky protocols to minimize night time illumination other than for access and safety.  

Parking

- Eliminate Parking Minimums

- Improve Parking Lot Stormwater Management with biorention basins and pervious surface materials where feasible.

Overview charts from City website (click on image to magnify):

Charts from May Open House (click on image to magnify):

Comp Plan Update

At the Planning Commission last Wednesday Planning Director McNamara gave an update on the Comp Plan work. He'll probably give the same or similar briefing the City Council work session on Tuesday. From an environmental perspective, some positive points listed on his charts included

- Moving People, Not Cars - Complete Streets

- Proactively monitor pollutants in water supply

- Expand use of "green infrastructure"

- Economic Development - emphasize conversion of abandoned and obsolete sites

- Help community adapt to flooding and sea level rise

- Resilient Development - address development process

- Renewable Energy - adopt standardized practices; lead way in City spaces

- Urban Forest - mature tree protection policy; reforestation efforts; tree inventory

- Grow Housing Opportunities - "Missing Middle"

- Design Streets for Pedestrians - safety and beauty; wayfinding, signage, and landscaping

But presentation didn't go into details on any of these. More community meeting will happen in the fall, so more opportunity to keep pushing for good.

Thoughts on Draft Chesapeake Trails and Connectivity Plan

 The draft Chesapeake Trails and Connectivity Plan offers a great opportunity to layout a figurative and literal roadmap on improving walkability and connectivity in the City of Chesapeake, but it needs to go into more detail on how to realistically implement the proposed trail network and provide residents and visitors with tangible improvements in the near term, i.e. in the next 1 to 3 years, not just a vision for an undefined future date.  

The draft Plan finds that today in Chesapeake, “the active transportation network is disjointed and lacks accessibility. With public transit available exclusively in the north of the City, transportation options are often limited for residents and visitors traveling to different parts of the City. The many open spaces can be difficult to reach and in many cases are not easily accessible on foot or by bike.”  This also extends to being able to reach schools, libraries, community centers, places of worship, doctor’s offices, restaurants, shopping centers, etc.  People For Bikes currently ranks Chesapeake 1248th out of 2300 cities in the US and 42nd out of 44 cities in Virginia for bikeability and network connectivity (https://cityratings.peopleforbikes.org/cities/chesapeake-va).  This is also an equity issue: not everyone has access to an automobile to get around; some are too young, some too old, some cannot afford it, and some do not want to drive.  

Building out the Plan’s proposed network of nearly 400 miles of separated bike paths, multiuse trails, bike boulevards, and bike lanes is an important endeavor, but considering the slow pace and cost of building out this entire network, the City also needs to invest in near term tactical projects.  Such efforts include better maintaining and marking existing crosswalks and sidewalks, building more and better crosswalks across the City, mapping and providing better wayfinding signage for existing trails and key sidewalk connections, funding safety education and outreach for both drivers and bicyclists, generally promoting bicycling such as by providing route maps to and bicycle parking at City events and facilities.  The City also needs to prioritize completion of funded projects, such as the Western Branch Trail connected to Suffolk, the Indian River Road bike lanes, and extending paths along Gum Road and near TCC.   Completion of the multiuse path along Volvo Parkway and building lower cost bike boulevards, such as the one proposed for South Norfolk also need to be prioritized.

As the population of the City grows and the density of our communities increases, providing a robust and safe network of bikeways, sidewalks, trails, and crosswalks will be essential to reduce congestion on our roadways and providing residents with healthier options to get to nearby parks, libraries, shops, and other destinations.  The Bicycle and Trails Advisory Committee submitted a detailed letter to the Planning Commission and Planning Department with strong recommendations for improvements to the draft Plan to meet the City’s goals to be environmentally responsible and create vibrant communities that provide a high quality of life in which to live, learn, work, farm, and play, hopefully they will be accepted.

The draft Plan is going to the Planning Commission on Wednesday, August 14 for consideration.  The revised (yet to be published) draft Plan is going to the Planning Commission Meeting on September 11th, 7 pm at Chesapeake's City Hall, 306 Cedar Rd.  Persons wishing to speak must sign in with the clerk BEFORE 7 pm.   Meeting Agendas & Videos | Chesapeake, VA (cityofchesapeake.net)

You can find the first draft of the plan at https://cityofchesapeake.net/3233/Chesapeake-Trails-and-Connectivity-Plan.   

 

 

Trails and Connectivity Plan

The City is working on wrapping up its work on a Trails and Connectivity Plan.  A draft document is expected in mid-July with a tentative date for the Planning Commission in August, and then on to the City Council for final approval a few months later.  At the last Open House, the City shared a detailed draft Network Map and conceptual drawing of Separated Mulit-use Paths, on-road Buffer Bike Lanes, Bike Boulevards, etc.    The Open House material can be viewed at Chesapeake Trails and Connectivity Plan | Chesapeake, VA (cityofchesapeake.net)

But even the more modest implementation of such plans along existing rights-of-way can take many years, and sometimes decades, to become reality.  These projects almost always require years of planning, right-of-way and easement acquisition, application for grants and appropriation of substantial funding, bidding out of projects, design, and finally construction.   The Western Branch Rail to Trail project is a noteworthy example; this 2.5 mile trail was identified as a priority in 2017 (perhaps earlier); as of today, about 1 mile is constructed, a second mile is targeted to start construction this year, and the critical final 1/2 mile to connect with Suffolk is expected to complete design before the fall of 2025.

The Plan does need to include these big projects.  They represent the desired future state and we need to these plans in order to fund, design and build these projects.  But these long-term projects have do not directly help citizens who need or want to use alternative transportation methods today. 

I believe we also need an incremental approach where we deliver value to our citizens in the near term, e.g. within 1 to 3 years.  The Plan must address tactical projects that are relatively low cost and deliver results every year. Some of the tactical improvements to make our streets safe for pedestrians, bicyclists, and all users of our streets include:

• Crosswalk Maintenance - repaint fading crosswalks using latest standards for high-visibility such as "zebra striping".    
• Curb ramps at crosswalks should be properly aligned with crosswalks to allow clear passage without making bicycles - and wheelchair and other wheeled devices - have to negotiate hairpin turns.  
• Identify existing bike routes across city - this includes existing multi-use paths (e.g. Scenic Parkway) , existing dual-use (widened) sidewalks (e.g. Volvo Parkway near Summit Point), on-road bike paths (e.g. Butts Station Road), and also low traffic side streets that can serve as route connections (e.g. Lilac Ave, Wingfield Ave, Border Road, Liberty St., Ohio St., Chesapeake Ave, Rodgers St.).  
• Provide maps, install signage, and encourage use of these existing routes.  We have lots of existing routes that citizens do not know about.  
• Properly maintain sidewalks to eliminate trip hazards and other obstacles 
• Promote safety education for both automobile drivers - awareness of bicyclists, distracted driver prevention, safe passing of bicycles (change lanes, 3' law), etc. - and bicyclists - rules of the road, proper bicycle equipment and maintenance, etc.
• Adjust traffic light optical sensor sensitivity to recognize bicyclists waiting at red lights
• Implement bicycle green pavement markings at key intersections.
  
  

  

  Graphic from National Association of City Transportation Officials (nacto.org)

  
  
• Provide bicycle racks/parking areas at all City facilities and encourage private business to install the same.
• Identify locations that require new crosswalks, especially near bus stops and near parks, and install such crosswalks. Bus riders inevitably need to cross a major street reach the bus stop either coming or going; too often transit users need to make this street crossing where there is no crosswalk.  Likewise, achieving the goal of 10-minute walk to parks requires ways to safely cross major streets  
• Set a goal to develop a Ride-Share Policy

Draft Network Map - see  Chesapeake Trails and Connectivity Plan | Chesapeake, VA (cityofchesapeake.net) for close-up views.

2024 Conservation Scorecard

The Virginia League of Conservation Voters has released their 2024 Conservation Scorecard for this year's General Assembly.  It reviews various environment related bills that were considered in Richmond this year and how legislators voted on them - and whether they were signed into law by the Governor.  You can see the full scorecard at 2024-Conservation-Scorecard_Revised.pdf (valcv.org)

Bill that passed that would affect us locally - and were signed by the Governor include:

• HB1458 Establishing an Office of Resiliency
• HB746/SB565 Savings Achieved via Efficiency (SAVE) Act - ensuring electric utilities continue to provide energy efficiency programs to customers
• HB106/SB253 Expanding Shared Solar Programs - expanding Dominion's shared solar program from 200 MW to 350 MW
• SB25/HB199 - State Funding for Brownfield Renewable Energy Grant Fund - however no state funds were appropriated in the budget to help get this program going
• SB508 - Accelerating Geothermal Energy Development
• HB862 - Building a Modern, Efficient Electric Grid
• HB285 Building Better Bus Stop
• HB985 Prohibiting Toxic Pavement Sealant Use
• HB673 Prioritizing At-Risk Communities in Resiliency Funding Decisions - although an amendment from the Governor removed the preference for nature-based solutions in the bill

And bills that were ultimately vetoed by the Governor - and thus do not become the law of the Commonwealth

• HB1100 Preserving Tree Canopy Statewide
• HB47/SB306 Raising Awareness About Invasive Plants
• SB720 Establishing a Clean Energy Innovation Bank - to access federal clean energy investment funds
• HB333 Empowering the Virginia Council on Environmental Justice
• SB595/HB208 Adopting Local Healthy Community Strategies
• HB1088 Improving Environmental Literacy
• HB 405 Identifying EV Charging Infrastructure Needs Study
• HB949 Regulating Aboveground Chemical Storage Tanks

In the "Compromise Budget" provided some important environmental funding including $3.75 million in state matching funds to go toward the U.S. Army Corps of Engineers’ clean-up of Money Point on the Elizabeth River in Chesapeake, language moving up the effective date of the polystyrene “styrofoam” ban to 2025 for chains and 2026 for smaller restaurants, $100 million for the Community Flood Preparedness Fund (CFPF) to fund projects across the state that protect homes and businesses from flooding, in lieu of revenue Virginia’s forgoing by not being in the Regional Greenhouse Gas Initiative, and $150 million towards three different programs, including the Enterprise Zone Grant Program, which can go towards parking lot and rooftop solar deployment.   See the Scorecard for all the budget details.

Virginia LCV also scores how each legislator voted on environmental issues.  For representatives covering the City of Chesapeake the scores they gave were:

Delegate Bonita Anthony - 100%

Delegate Cliff Hayes - 100%

Delegate Jay Leftwich - 33%

Delegate Baxter Ennis - 48%

Delegate Nadarius Clark - 100%

Senator Christie Craig - 24%

Senator Louise Lucas - 95%

Senator Emily Jordan - 29%

See the document for details on which bills they voted for and against.

CBPA Update

On Friday, May 31st, several of us met with the Planning Department to discuss the proposed CBPA District boundary changes in Chesapeake proposed CBPA District boundary changes in Chesapeake.  In attendance were representatives from the Friends of Indian River, Fernwood Farms Civic League, and the Chesapeake Bay Foundation.   Representatives from Wetlands Watch wanted to attend the meeting but were unavoidably unavailable that day.  

The Planning Department provided an informative briefing on the process they followed for the CBPA changes.  They shared the presentation they gave to the City Council at a work session on April 16th, which can be reviewed at https://www.cityofchesapeake.net/DocumentCenter/View/18179/04-16-24-CBPA_IDA-District-Boundary-Revisions-Presentation-

We discussed multiple areas of concern at the meeting.  The Planning Department said they would request some info from the Public Works Department and put together a response that addresses these areas. They said they will also provide an updated proposed boundary map based on the review of these areas and concerns.

Below are from notes I provided to the City after the meeting on the items we asked them to follow-up on.  Information in [brackets] are additional clarification for this post.   And I posed some additional question questions after the meeting regarding two areas (10 and 11 below) in Indian River that we didn't discuss in the meeting.

1. Fernwood Farms forested wetlands

This continues to be one of our areas of greatest concern.  [The area of forested wetlands was part of the original CBPA district designation in 1992.  In the meeting, we understood that the City has only been mapping Resource Protection Area (RPA) designation systematically using GIS tools for less than 5 years, so perhaps this area really should be in the RPA and not removed as proposed].

The DEQ Guidance Document Nontidal Wetlands Guidance on the Chesapeake Bay Preservation Area Designation and Management Regulations found at 

https://www.deq.virginia.gov/home/showpublisheddocument/22569/638430806129970000 states

"The Regulations provide clarity under Section 9 VAC 25-830-80(B)(5), which notes that the 100-foot buffer is not diminished when permitted uses, encroachments and removal of vegetation occurs. Under this subsection, post-Bay Act interruptions should not diminish the original RPA, as the RPA should be determined based on the condition of the RPA feature that existed prior to land disturbance, and the development activity should not be used to remove or diminish the RPA. Thus, where the interruption occurred subsequent to October 1, 1989, the entire wetland should be treated as an RPA feature and subject to the 100-foot buffer."

As I read this, the question becomes, would the area have been in the RPA before October 1, 1989?  If so, it should still be considered an RPA.  The streets Marina Reach and Pepperwood Dr. and the associated housing were built after October 1, 1989.  

Also, the guidance document states that "RPAs are composed of: tidal wetlands; non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; tidal shores; such other lands considered necessary by the locality to protect the quality of state waters; and a 100-foot wide vegetated buffer adjacent to, and landward of, these features."

and that in

"situations where nontidal wetlands exist solely within the defined bed and bank of an intermittent or ephemeral stream, or other non-perennial conveyance. These wetlands may provide hydrologic input to the intermittent or ephemeral stream or non-perennial conveyance, or they may exist as a result of inundation due to storm events. These wetland/stream/conveyance features often exist in areas with little topographic relief, and may hold water for long periods of time given the depth to ground water of low-lying areas. These streams or conveyances may become heavily vegetated in the spring or summer months which may make onsite designation between stream and wetlands inconsistent depending on the time of year. These wetlands are not required to be included as RPA features, although they may be included as “other lands” within their local ordinance at the 

discretion of a local government provided they do so consistent with Section 9 VAC 25-830-80(4) of the Regulations."

Even today, the forest wetlands at Fernwood Farm, although surrounded by houses and roads do not exist in isolation.  During a storm event all the water that falls on these 90 acres does not stay solely within the confines of these 90 acres.  Considering the already problematic state of Fernwood Farms and Riverwalk with regards to flooding, any clearing of the forested wetlands will make these problems worse.  And if the land were developed in the future, there would be a significant increase in runoff from the area which would inevitably result in a negative impact to the water quality of state waters due to increase run-off of sediment, nitrogen, and phosphorus; no practical BMP system works as well as 100% forest cover, nor would it be required to.  So, even if this land were not required to be part of the RPA as the Interrupted Wetlands I believe it is, the City should use its discretion to include it as "other lands" to be in the RPA. 

Area designated for removal in red

National Wetlands Inventory

Google Earth 4/8/1990

2. Storm pond and forested wetlands just north of Riverwalk Parkway [at north end of Creek Lane]

[We asked the City to] provide documentation on the elevation of the stormwater conveyance from the pond on Riverwalk Parkway to its outfall. It is hard to see that this pond routinely dries out so as to leave the pond below the infall.  Also, I noted that the pond is rimmed with Baccharis halimifolia, i.e. salt bush.

Pond on Riverwalk Parkway

Baccharis halimifolia

4. A long stretch of drainage in the Pines of Warrick in Great Bridge [south of Cedar Road]

[We asked the City to] provide documentation on the determination that this is an intermittent stream.  The stream upstream of Middle Oaks Drive is substantial, 10' to 12' wide, and considering it drains about 400 acres and is fed by two storm ponds, I wouldn't expect it to dry out during normal rainfall conditions.

Area designated for removal in red

Stream at Middle Oaks Drive

5. A section in Western Branch off Gum Road (Amelia Estates)

At least 3 additional parcels (marked with red lines on the images below) appear to be within 100 feet of the perennial stream to the east of the curve on Gum Road, that should be in the RPA.  Also, the stream valley to the west of the road does look quite healthy in this 2020 aerial and [we asked the City to] consider using its discretion to continue to protect this land west of Gum Road in the RPA, even if the stream is found to be intermittent.

Area designed for removal in red

6. Commercial block off Western Branch Blvd, east of Popular Hill Rd in Western Branch

During the meeting it was stated that the streams and wetlands in this area are cutoff by the old railroad line.  But I went and walked the right-of-way - now the new Western Branch Rail Trail - and the area to the west of the trail are connected to the stream to the east by a level culvert under the Rail Trail, located about 200 yards to the northeast of where Popular Hill Road crosses the trail.  The perennial stream running to Popular Hill Road and wetlands extending up to Washland on Portsmouth Blvd are not isolated from the stream to the east.  [I believe] these should be in the RPA.

Areas designated for removal in red

Culvert under Rail Trail

7. A section of forested wetlands in Joliff Woods - parcel 0150000000060

[We asked the City to] to check on an existing determinations.

Forested wetlands adjacent to existing CBPA area

8. Forested wetlands west of I-664 that are not in CBPA, but maybe should be 

[We asked the City to] check whether the stream under I-664 that flows between the warehouses and the forested wetlands is perennial.  

 

9. Brentwood neighborhood west of St. Juliens Annex 

[We asked the City to] to re-look at addition [to be consistent with other areas that are being removed].

Area to be added in darker greens

10*. Parcel on Indian River headwaters between Paramont Avenue and I-64 - 

[We asked the City to] look adding parcels immediately south of Indian River Road -  0200000000064 and 0200000000061 - to CBPA - the perennial stream continues through culvert under Paramont Avenue 

Also, the perennial stream continued through a culvert under I-64, therefore a portion of parcel 0280000000045, which has forested wetlands should also be considered part of the RPA.  

National Wetlands Inventory

11*. Lake/Pond at Indian River High School and behind Parkview Shopping Center

I note that on the current CBPA District Map in the City system, the lakes and stream on this central tributary of the Indian River are marked as being the in the CBPA District.  These are NOT shown as in the CBPA District in your proposed maps.

[I believe] these should be RPA's per "Determinations of Water Bodies with Perennial Flow,  Guidance on the Chesapeake Bay Preservation Area, Designation and Management Regulations,  September 2003; Revised December 10, 2007 and June 21, 2010"

https://townhall.virginia.gov/l/GetFile.cfm?File=C:%5CTownHall%5Cdocroot%5CGuidanceDocs%5C440%5CGDoc_DEQ_5406_v1.pdf

"Lakes, Ponds and Other Impoundments as RPAs -

The Resource Protection Area includes ponds, lakes, or other impoundments with perennial streams flowing either into or out of them with exceptions as noted below.  Impoundments (lakes and ponds) developed as stormwater management facilities to address stormwater quality and/or quantity requirements may be required to be designated as RPAs.  If the size of the impoundment exceeds that which is necessary to provide flood control, stormwater water quality treatment or both, then they should be considered amenities and treated as RPA features.  In order for existing stormwater management facilities to be exempted from inclusion as a required RPA feature, they must have been designed and installed in accordance with the locality's standards for stormwater management facilities in effect at the time of plan approval.  In order for new stormwater management facilities to be exempt from inclusion as a required RPA feature, they must meet all of the criteria outlined under Section 9 VAC 10-20-130 1 e of the Regulations"

The lake by the high school is an old borrow pit from the 1960's and was not designed specifically designed as a stormwater facility.  

Current CBPA District Map online