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HomeMy WebLinkAboutZMA201700007 Correspondence 2018-05-01 Tim Padalino From: Travis Pietila <tpietila@selcva.org> Sent: Tuesday, May 01, 2018 2:43 PM • To: Planning Commission Cc: Tim Padalino Subject: SELC Comments on Tonight's Rezoning Application Dear Planning Commission Members: •We regret that we have a scheduling conflict that will keep us from attending your meeting tonight, but wanted to send along these comments for your consideration on the rezoning proposal you will be considering. The applicant's concept for an urban farm residential development straddling the City and County boundary is an interesting one and could be beneficial in some parts of the County. However, we have significant concerns with approving this particular proposal at this particular location. This parcel is located along a stretch of Moores Creek that is one of the most severely impaired stream segments in the County, and, largely for that reason, it is designated as Parks and Green Systems in the County's Comprehensive Plan. As such, any proposal that may intensify uses on this property should not be taken lightly. While this application is to rezone from the existing Light Industrial district to Rural Area zoning (a change that would in many cases result in a lessening of intensity), the staff report makes clear that is not the case here. Due to this site's location within the floodplain, it appears that a change from Light Industrial to Rural Area zoning could actually enable more intensive use of the property. Importantly, one such use that would appear to be enabled by rezoning from Light Industrial to Rural Area is the ability to conduct silvicultural activities within a 100-foot stream buffer. We share staff's well-founded concerns about the potential impacts to Moores Creek from the applicant's proposal to clear existing wooded vegetation on the site to establish a tree farming use within the 100-foot stream buffer(and the regulatory floodway), leaving only a 35-foot undisturbed buffer along this impaired stream. Staff also notes that establishing agricultural uses on the site could open the door to the significant allowances for by-right events that are available in the Rural Areas zoning district. And while the applicant's concept plan and narrative suggest only limited agricultural uses, no commitment has been made in the proffers to actually limit the project to these uses. In summary, this proposal in its current form does not adequately or appropriately limit the uses to ones that would be suitable on this property, and even some of the uses being proposed raise substantial concerns. Given these uncertainties,the environmental sensitivity of this site, and the Comprehensive Plan's designation of this parcel as Parks and Green Systems, we urge you to recommend denial of this project as currently proposed. Thank you for your consideration. • Travis Pietila Travis Pietila Staff Attorney Southern Environmental Law Center 201 West Main Street, Suite 14 Charlottesville, VA 22902 (434) 977-4090 SouthernEnvironment.org 2