Re: NANFA-L-- The myth of restoration?

dlmcneely-in-lunet.edu
Fri, 06 May 2005 14:08:44 -0500

Yea, zoning specifications, setbacks, etc., then variances. The parcel
that went to WalMart in my town lies along an interstate highway. The
city has adopted something it calls the I-35 Corridor Development
Principle. What it says is that, in order to give passersby on the
highway the impression that we are an environmentally friendly city,
development in this corridor has to have a setback with native
vegetation or landscaping that screens the development from the
highway. Also, this particular parcel was zoned for "Community
Commercial," meaning that businesses that are less than a specified
square footage, require less than a specified amount of paved space for
parking, and that serve residences within two miles of the business
primarily are what are supposed to be there. The Cross-Timbers forest
land would-in-least have some protection in that all developments in
the I-35 corridor are supposed to preserve a substantial percent (I
forget the exact amount, but is something like 35% -- a whopping big
amount for commercial development).

Guess what. WalMart's argument that all these things would simply make
it impossible for it to do business there prevailed. The "Community
Commercial" zoning thing was easily trashed (no zoning change, but
WalMart was allowed to argue in a real charade that it's "supercenter"
fit that intent, though it was massively larger). But they declined
the initial city recommendation that they rebuild on their abandoned
Sam's site. Why? It's not a traffic generating location (on the
interstate highway).

Dave Mc

"Where are we going?" "I'm not sure, but I'm afraid that we're almost
there?"

----- Original Message -----
From: Jeff Grabarkiewicz <threehorn_wartyback-in-yahoo.com>
Date: Friday, May 6, 2005 1:47 pm
Subject: Re: NANFA-L-- The myth of restoration?

> These are great points. Many of the developing townships in ol'
> NW Ohio are run like businesses. More tax revenue equals a better
> raise for the zoning inspector, township administrator, etc when
> review time rolls around...it also equates to a nicer office,
> nicer township vehicles, etc etc.
>
> They are also scared crapless of being sued by developers.
>
> Todd and I had one township trustee walking around his office
> talking about orangethroat darters a few months ago but when it
> came time to plant a 15-yr conservation easement on a township
> property, it didn't happen. They wanted that parcel for
> development. The development value of this 6.0 acre floodplain
> area was probably $250,000 due to its proximity to the creek.
> Maybe more. People love to live on creeks. The easement was 15-
> years, $7,000. Thats about as black and white as it gets.
>
> The key to preserving these areas is to get riparian setbacks in
> the local zoning code and then somehow convince local
> jurisdictions not to allow variances. Some NE Ohio have had
> success with this, however variances are often given.
>
> Jeff
>
> geoffrey kimber <gkimber2-in-gmail.com> wrote:
> One major problem is that trees don't pay taxes and wal-mart does.
> When decision makers look-in-essentially free money, it's hard to say
> no, no matter how much they might individually love the environment.
>
> Additionally, the land owner has the right to sell the land to any
> s/he wants
>
> On top of that, if the council does not approve the development, they
> might be facing a legal challenge from wal-mart who has infinitely
> deeper pockets than most cities do.
>
> It never surprises me when land is developed. There are just too many
> factors in favor of it and too few factors against it.
>
> Even 'comprehensive land use plans' fall by the wayside quite
> often if
> enough money is waved about.
>
> Geoff Kimber
> Fredericksburg, VA
> From the Rappahanock to the Potomac to the Chesapeake Bay. Nothing
> but net.
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