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May 25, 1994 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94SN0206
Barry and Dawn Sarver
Matoaca Magisterial District
South line of Talon Point Court
REQUEST:
Amendment to a previously granted rezoning (Case 86S042) to allow a
residence to encroach approximately fourteen (14) feet into a required 100
foot buffer adjacent to Lake Chesdin.
PROPOSED LAND USE:
A residence is currently under construction on the property. A survey
performed as part of a title search has determined that this residence
encroaches approximately fourteen (14) feet into a required buffer.
Amendment to Case 86S042 is requested to allow this encroachment. It
should be noted that a stop work order has been issued, and further
construction is prohibited until the issue of this encroachment is resolved.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL.
STAFF RECOMMENDATION
Recommend approval for the following reason:
The 100 foot buffer was imposed to protect the water quality of Lake Chesdin by
controlling development in the vicinity of the lake. This buffer exceeds the current
Chesapeake Bay Protection Area Ordinance requirements for a 100 foot conservation
area adjacent to the normal water surface elevation of the lake. Specifically, in the
vicinity of the request property, the buffer extends approximately 130 feet landward
of the normal water surface elevation of the lake. A survey plat submitted with the
application indicates that with the approval of this request, a minimum 116 foot
separation would be maintained between the residence under construction and the
normal water surface elevation of Lake Chesdin. This distance is sufficient to protect
the water quality of Lake Chesdin and complies with Chesapeake Bay Preservation
requirements.)
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER
CONDITION. THE PROPERTY OWNERS MAY PROFFER OTHER
CONDITIONS.)
GENERAL INFORMATION
Location:
South line of Talon Point Court. Tax Map 185-1 (2) Eagle Cove, Lot 157 (Sheet 52).
Existing Zoning:
R-15
Size:
1.0 acre
Existing Land Use:
Single family residential (residence under construction).
Adjacent Zoning & Land Use:
North, East and West - R-15; Single family residential (Eagle Cove Subdivision)
South - R-15; Appomattox River Water Authority (Lake Chesdin)
PUBLIC FACILITIES
Utilities; Fire Services; Schools; Transportation and Fiscal Impacts:
This request will have no impact on these facilities.
Environmental:
Drainage and Erosion
At the time of zoning approval for Eagle Cove Subdivision (Case 86S042), there were
no Ordinance requirements for buffers and setbacks from Lake Chesdin to protect
water quality. At the time the Chesapeake Bay Preservation requirements had not
been enacted. In response to concerns relative to protecting the County's potable
water supply. The Planning and Environmental Engineering Departments
recommended a 100 foot buffer adjacent to Lake Chesdin. Subsequently, a 100 foot
buffer was established landward of the 164 foot contour line, which is the property
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boundary of the Appomattox River Water Authority (ARWA). The 164 foot contour
is above and landward of the normal water surface elevation for Lake Chesdin. A
survey submitted with the current request indicates that the 164 foot contour is
approximately thirty (30) feet landward of the normal water surface elevation for Lake
Chesdin in the vicinity of the request property, and the residence under construction
is approximately 116 feet from the normal water surface. It should be noted that the
100 year floodplain for Lake Chesdin, in the vicinity of the request property, lies
within the boundaries of the ARWA property (inside the 164 foot contour).
The residence under construction on the request property complies with the
Chesapeake Bay Preservation Area Ordinance relative to setbacks from Lake Chesdin.
Specifically, a field review of the request property indicates that the wetlands and
normal water surface elevation for Lake Chesdin may be the same (approximately
thirty (30) feet inside the 164 foot contour, or approximately 130 feet from the
landward boundary of the 100 foot buffer required with the approval of Case
86S042). Given that the structure on the request property encroaches approximately
fourteen (14) feet into the buffer, the structure is approximately 116 feet from the
normal water surface elevation and expected wetlands.
Based on the current available information, it would appear that the requested
encroachment would not violate the spirit and intent of the 100 foot buffer to protect
the water quality of Lake Chesdin.
LAND USE
General Plan:
Lies within the boundaries of the Southern and Western Area Plan, which designates
the property for residential use of 1 to 5 acre lots.
Area Development Trends:
The surrounding properties to the north, east and west are zoned residentially and are
occupied by single family residences or remain vacant lots in Eagle Cove Subdivision.
Property to the south is occupied by Appomattox River Water Authority property
(Lake Chesdin).
Site Design:
As noted herein, a single family residence is currently under construction on the
request property. This residence encroaches approximately fourteen (14) feet into a
required 100 foot buffer, adjacent to Lake Chesdin.
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Zoning History:
On June 25, 1986, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved rezoning from Agricultural (A) to Residential (R-
15) on the request property and surrounding area to the north, east and west (Case
86S042). To address concerns relative to water quality issues, the Board accepted the
following proffered buffer condition:
A 100 foot wide buffer strip shall be provided adjacent to the limits of the A.R.W.A.
property (Lake Chesdin). No trees six (6) inches or greater in diameter shall be
removed unless the tree is diseased or dead. This shall not be intended to prevent
the clearing of underbrush nor the sowing of seed within the buffer area. This buffer
condition shall not be binding upon the easternmost point of the subject parcel.
It should be noted that, in the vicinity of the request property, this buffer exists across
the rear portions of the lots adjacent to Lake Chesdin.
Conclusions:
The 100 foot buffer was imposed to protect the water quality of Lake Chesdin by
controlling development in the vicinity of the lake. The buffer exceeds the current
Chesapeake Bay Protection Area Ordinance requirements for a 100 foot conservation
area adjacent to normal water surface elevation of the lake, applicable to the request
property and surrounding area. Specifically, in the vicinity of the request property
this buffer is approximately thirty (30) feet landward of the normal water surface
elevation of the lake. A survey plat submitted with the application indicates that,
with the approval of this request, a minimum 116 foot separation would be
maintained between the residence under construction and the normal water surface
elevations of Lake Chesdin. Therefore, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (5/17/94):
On motion of Mr. Marsh, seconded
recommended approval of this request.
AYES: Unanimous.
by Mr. Cunningham,
the Commission
The Board of Supervisors on Wednesday, May 25, 1994, beginning at 7:00 p. m., will take
under consideration this request.
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