Jefferson Orchards Rezoning Proposal

UPDATE

On June 3, 2021 the Jefferson County Commission approved the Zoning Map Amendment change for Jefferson Orchards by a vote of 4-1.

Tell the JCC to vote NO on Rezoning Amendment

What is happening?

A zoning map amendment is currently under consideration by the Jefferson County Commission to be voted on at the June 3 meeting. This amendment seeks rezone two parcels in the county totaling 238.9 acres from Rural to Industrial and Residential.  

The owner is seeking to have a 43.7 acre portion rezoned “light industrial.” The remainder of the land is to be zoned residential. The Northport Avenue road is to be extended out to 480 in two locations.

The two parcels consist of a total of 238.9 acres (based on a recent survey). The request is to rezone an approximately 43.7 acre portion of Parcel 29 from Rural (R) to Light Industrial (LI) and the remaining 195.2 acres from Rural (R) to Residential Growth (RG).

“Staff finds that the request is not consistent with the Future Land Use Guide of the 2035 Plan because it is designated as Future Rural/Agricultural and is outside any Preferred Growth Area (PGA) or Urban Growth Boundary.”
Read the full Planning Commission Staff Report

Why is this important?

The location to be rezoned industrial is highly environmentally sensitive. The groundwater at the site is readily contaminated and rapidly caries pollutants through the groundwater, surface waters, and into the Potomac effecting drinking water and the economy. This rezoning does not conform to the Comprehensive Plan, the County Zoning Ordinance, or the State Zoning regulations.

The area outlined in red shows the location of the parcels in question. This diagram shows that the area is currently zoned as Rural/Agriculture. The staff of the Planning Commission found that rezoning this parcel is not consistent with the Envision Jefferson 2035 Comprehensive Plan.

How does this tie in?

This is the next step in the spread of the heavy industry. In this case, the applicant argues the zoning should be changed because the zoning of the adjacent land in Ranson was changed to industrial and has utilities. By this reasoning, what would stop the next land owner from arguing the same thing in a year? This process could repeat itself again and again as heavy industry marches across the heart of the county further endangering the county’s natural resources and way of life.

Source: Doctor, D.H., Doctor, K.Z. Spatial analysis of geologic and hydrologic features relating to sinkhole occurrence in Jefferson County, West Virginia. Carbonates Evaporites 27, 143–152 (2012).

This Zoning Map Amendment ENDANGERS the natural resources of Jefferson County and IS NOT environmentally appropriate.

The groundwater at the site is easily contaminated by surface activities due to the unique hydrogeology of the area. It also causes this pollution to be rapidly carried to large portions of the county’s groundwater, multiple surface streams, the Opequon Creek, Shenandoah River, and the Potomac River endangering drinking water for large portions of the county, and the water sources the agriculture, tourism, and equine industries rely on. This land should be protected and undeveloped due to the environmental sensitivity of the land.

The Zoning Map Amendment IS NOT consistent with the objectives and policies of the Comprehensive Plan.

This land use does not conform to the Future Land Use Guide, it is outside the Urban Growth Boundaries, and outside of the Preferred Growth Areas, and therefore it should not be approved. While the Zoning Map can be amended by the County Commission for five reasons set forth in the Comprehensive Plan, these reasons include “environmental considerations.” This environmentally sensitive land should be protected under the current rural zoning. One major goal of the Comprehensive Plan is to protect farm land. This rezoning removes a large tract of land in the rural zone from rural agricultural land and does not use any of the measure set forth in the comprehensive plan to protect and promote agriculture and agricultural land.

This Zoning Map Amendment DOES NOT conform to the purpose of the Jefferson County Zoning and Land Development Ordinance.

The Jefferson County Zoning and Land Development Ordinance sets forth 11 purposes of the legislation. This Zoning Map Amendment is contrary to seven of these purposes. The purpose of the legislation is clearly to use the comprehensive plan to grow the economy while protecting the environment and historic preservation and increasing the livability, and attractiveness of the county and in doing so, protect the health, safety and welfare of the people. On the contrary, this Zoning Map Amendment is contrary to the comprehensive plan and would adjoin vastly different land uses, decreasing agricultural and economic productivity of adjacent land, degrading historic sites, threatening widely used critical natural resources and the environment, and thereby threatening the health, safely, welfare and quality of life of a majority of residents in Jefferson County.

This Zoning Map Amendment DOES NOT conform to the West Virginia State Code on Zoning and Land Use.

The State Code sets forth seven issues that must be considered when enacting a zoning ordinance. This Zoning Map Amendment contradicts all seven of the considerations.

This Zoning Map Amendment application is misleading and inaccurate.

The misleading and inaccurate information in the Zoning Map Amendment Application Addendum make it clear that this Zoning Map Amendment does not align with the Comprehensive Pan, is contradictory to the purpose of the County Zoning Ordinance, and in opposition to the state zoning code.