September 2010 – The Observer

There is nothing standard about Old Standard Limestone Quarry.
 
The former quarry site is about 400 acres. It is located south of US 340 on Millville Road, has frontage on the Shenandoah River and adjoins the Harpers Ferry National Historical Park. For the past three years the owners have sought approval for a massive development proposal that includes over 2.6 million square feet of office space, a hotel, conference center and a restaurant. A total of 7,000 parking spaces will be needed.
 
The developers first sought a rezoning from the Jefferson County Planning Commission and the Jefferson County Commission. Their petition was denied. Undaunted, the developers then requested to be annexed by the City of Charles Town (some 2 miles away) using US 340 as the link between the site and the city. No luck. The annexation petition was denied.
 
Having failed at the municipal level and the county level, the developers took their proposal to the State of West Virginia. Here they had much better success. On March 12, 2009, the Executive Director of the West Virginia Development Office found the application to be consistent with state legislation relating to brownfield development and approved it. This approval was done without any local notice, local input or local guidance. Notice of the approval was never sent to anybody at the local level.
I first became aware of the state approval in July of this year. The county planning director learned a record plat for the development had been signed at the state level without any review by the Planning Commission. As it turns out, local zoning and subdivision rules do not apply to state approved brownfield projects. The record plat was recorded in July, 2010 by authority of the Executive Director of the West Virginia Development Office.
 
What are my concerns? I have so many but here are just three:
 
The West Virginia Development Office should have coordinated their review with local officials. The bill creating Brownfield Economic Opportunity Development Districts (5B-2-6a) states an applicant shall demonstrate they have worked in good faith with local officials in regard to land use issues. The legislative rules implementing this directive define “good faith” as the land use plan was rejected or tabled by local officials. Reading this definition is like falling down the rabbit hole in Alice in Wonderland. How can working in “good faith” be defined as rejection by local officials? Even more disconcerting is that the County Commission turned down the zoning application, not the land use plan. This nuance is lost at the state level.
 
Secondly, the traffic study submitted with the application is inadequate. The study concludes a traffic light at Millville Road and US 340 is all that is needed to manage over 10,000 new trips per day. I don’t think so. I have visions of the thousands of motorists in China that have been stuck for ten days in a traffic jam that goes on for more than 60 miles.
 
Finally, I am concerned with the economic strategy represented by this application: zone it and they (employers) will come. Attracting employers takes a lot more effort than simply proclaiming we are open for business. I prefer a more hands-on approach like the current initiatives by the Jefferson County Development Authority to promote “home grown” businesses through a revolving fund.
 
There has been a lot of discussion and concern about the provisions of the state law governing brownfield districts. I agree with our state delegates and senators that these provisions must be revisited.
 
Unfortunately, if newly adopted amendments are not applied to Old Standard Quarry, Jefferson County will be left with a new, sub-standard brownfield project.