This is an op-ed by Reston resident and attorney John Farrell. It does not represent the opinion of Reston Now.
The Resource Protection Area is the law when it comes to the Tetra property Reston Association is seeking to purchase.
The Resource Protection Area (RPA) will prevent any lakefront restaurant on the Tetra Property — and Reston Association has known that since at least 2010. Below is an exhibit from the 2010 Appraisal ordered and paid for by Milton Matthews showing both the RPA and the floodplain easement on the Tetra property.
The Chesapeake Bay Preservation Act is part of the Virginia Code: §64.1 44.15:67 et seq. It required Fairfax County to adopt the Chesapeake Bay Preservation Ordinance: Chapter 118 of the County Code.
Section 118-1-7(b)(3)(a) of the County Code requires any water body with perennial flow to be in the RPA. Lake Newport has perennial flow. A 100 foot buffer around Lake Newport is also require to be part of the RPA pursuant to §118-1-7(b)(ii) of the County Code.
While there are a very limited number of exceptions to the RPA in Chapter 118, Article 5, a restaurant is not included among them. Any exception requires a public hearing ( §118-6-3) and any decision on any exception could be appealed to the Board of Supervisors. ( §118-8-1)
A copy of the proffers applicable to the Tetra property can be found on the RA website. The proffers are only two pages. None of those proffers require work in the RPA. Thus, the exception cited in Mr. Sanio’s Op Ed on Monday does not apply. . . .To read the rest of Mr. Farrell's op-ed, please click here.