SPECIAL EDITION: Stafford County Asks Court to Stop Company from Clear Cutting on Forested Parcels in Hartwood District
The Garrett Companies in April submitted a proposal to rezone the property for data center development.
By Adele Uphaus
MANAGING EDITOR AND CORRESPONDENT
Email Adele
Stafford County is asking the courts to put a stop to clear cutting that has been going on since last week on a parcel of land between Kelsey Road and Zachary Lane in the Hartwood district.
The county, on behalf of zoning administrator Juan Bernal, filed a motion for injunctive relief with Stafford Circuit Court on Monday against Augustine South Associates and its registered agent, Andrew Garrett.
The complaint, which the county shared with the Advance, alleges that the ongoing timbering work is in violation of the county’s zoning ordinance and the property’s proffers.
The property is zoned A2, rural residential, and “forestry” is not a permitted use in this zoning district, the complaint states. Additionally, the proffers, which were approved in 1990, state that, “The developer will exercise his best efforts to preserve existing trees on the site … In particular, the developer will avoid clear cutting of large areas except where absolutely necessary.”
According to the complaint, Bernal visited the property on June 4 after receiving complaints from neighbors about clear cutting on Kelsey Lane beginning on June 2. He noted that “a significant portion of the trees” had already been removed and that the company indicated that it intended to clear “at least 22 acres” of the parcel, which totals 37.2 acres.
The area where the clear cutting is occurring is the northern part of a larger, 1,042-acre collection of parcels where the Garrett Companies has proposed putting a data center. The developer has requested a rezoning to heavy industrial, or M2, use, as well as a conditional use permit to increase the permitted height of any data center building and electric transmission or substation facility to a maximum of 105 feet.
The proposal has not yet come before the Planning Commission or the Board of Supervisors.
Supervisors on May 20 voted to direct the Planning Commission to review existing data center regulations and recommend changes, either in the form of a zoning ordinance, comprehensive plan amendment, or both.
The complaint alleges that the county, the zoning administrator, and the general public will “suffer irreparable harm” if the courts do not grant the injunction.
“Augustine has already timbered, logged, and clearcut many mature trees on the Property…” the complaint states. “As the trees cannot be restored, irreparable harm has occurred, and to ensure additional trees are not removed, which are irreplaceable at their current stature, a preliminary injunction is necessary.”
According to neighbors, timbering work continued on the site today, after the motion for an injunction was filed.
Stafford County spokeswoman Shannon Eubanks told the Advance on Tuesday afternoon that she was “not aware” of having received a response to the motion from Augustine South or the Garrett Companies.
The Advanced reached out to the Garrett Companies about the timbering work and did not receive a response as of 6:15 p.m. Tuesday.
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Well done, concerned neighbors! We should all be vigilant and speak up.