Tweet
Jefferson County has no say in quarry project
Owners of brownfield can apply directly to state for right to the tract into an official brownfield economic development distric
By RICHARD F. BELISLE
July 15, 2010
richardb@herald-mail.com
CHARLES TOWN, W.Va. — The Jefferson County Commission learned Thursday that neither they nor local land-use regulations will have any control over a vast commercial development project proposed for the 411-acre former Old Standard Quarry off Millville Road near Harpers Ferry, W.Va.
A bill passed during a special legislative session in 2009 allows owners of a brownfield created by the extraction of coal, limestone or other minerals to apply directly to the West Virginia Development Office, a division of the state Department of Commerce, for the right to turn the tract into an official brownfield economic development district.
According to the bill, the designation bypasses the usual permit process normally required by local subdivision and zoning regulations.
“Any community with a brownfield better be aware that the state can override local regulations,” Commission President Lyn Widmyer said. “It’s a done deal, a contract between the developer and the state. The county has been taken out of the equation by the state of West Virginia. That’s not right.”
Commissioner Frances Morgan said the county needs to mount a court challenge against the legislation. “We have to put the kibosh on this,” she said.
John Maxey, president of the Jefferson County Planning Commission, told the county commissioners Thursday that he doesn’t believe the investors, whom he called “speculators,” are serious about the project. “It will probably never be completed. They have no intention of following through on this project,” he said.
Jennifer Brockman, the county’s planning director, said the plat was filed in the county assessor’s office Monday by Old Standard, LLC, a local investment group. It was recorded June 18 as an approved subdivision by the state development office.
Local developer Herb Jonkers, whose name was on the documents filed by Old Standard LLC, did not return a message left on his cell phone Thursday.
Del. John Overington, R-Berkeley, was one of six House members to sign off on the bill, which was filed Feb. 25, 2009. Overington was in a special session in Charleston, W.Va., and could not be reached Thursday.
According to a brief description of the project supplied by state development officials, it calls for a 60,000-square-foot building housing office and multiple research and development functions, a data center, 2.3 million square feet of underground buildings housing Internet operations known as “server farms,” a 250-room resort hotel/convention center and a 200-room hotel dedicated as a federal training facility.
The cleanup of the site is nearly complete, all contaminants have been removed and the quarry lake contains about 1.5 billion gallons of water that can be used for cooling data centers and buildings, the development office announcement said.
This week’s announcement isn’t the first go-around for the quarry land. In 2007, the county commissioners, on a 3-2 vote, denied a request for a zoning change to build a $250 million office and hotel project.
In 2008, a proposal by Stonewall Heights LLC to build a museum and office space on the site was shelved.
http://www.herald-mail.com/?cmd=disp...78&format=html
Plat for brownfield project OK’d
By Matt Armstrong, Journal Staff Writer
POSTED: July 16, 2010
CHARLES TOWN - A plat submitted by Old Standard LLC and approved by the executive director of the West Virginia Development Office recently has drawn the attention of Jefferson County officials, some of whom are surprised that they were circumvented.
The property currently is being marketed on the West Virginia Development Office's website, and some of its intended uses include a 60,000-square-foot office building and a 2,320,000-square-foot resort and convention center.
The new plat divides the Old Standard Quarry property into 41 lots and 13 parcels. The property is located off of U.S. 340 between Charles Town and Harpers Ferry. A similar, controversial development was brought before county officials in 2007 and was voted down by the Jefferson County Commission 3-2 on July 19, 2007.
There were several reasons why county officials rejected the previous proposal, including potential traffic concerns and the property's proximity to the Harpers Ferry National Historic Park, according to past reports in The Journal.
"It was not, to my mind, a well-thought-out proposal," said commissioner Lyn Widmyer, who was not a member of the County Commission when it rejected the original request.
Because of new legislation regarding Brownfield Economic Development Districts, Old Standard LLC was able to bypass local officials and submit its plat at the state level.
Surveyor Joseph Hines certified the proposed uses for the land on June 10, and Kelley Goes, executive director of the West Virginia Development Office, approved the plat June 14.
"The applicants did not attempt to address the concerns raised at the local level," Widmyer said. "What they did instead was take it straight to the state, and I don't think that's right. I think it's a clear instance of them (Old Standard LLC) thumbing their nose at local officials."
The brownfield economic development guidelines in the West Virginia Code state that applicants must demonstrate they have attempted to work in good faith with local officials in land use issues.
"Literally no one that I'm aware of on staff had any communication or any knowledge this was happening," said Jennifer Brockman, director of Planning and Zoning.
Mike Cassell, an attorney representing Old Standard LLC, said his client did attempt to work with the county.
"We did everything we could to discuss it with them and find a way the parcel could be useful and that the county could be included," Cassell said. "Casting these dispersions about the project provides nothing productive."
John Maxey, president of the Jefferson County Planning Commission, spoke to the County Commission about his concerns Thursday as a private citizen.
"I'm not opposed to the concept of an economic development activity," Maxey said. "But this particular project has never been serious and will likely never be completed."
The members of Old Standard LLC disagree, and they are confident the project will be completed and provide jobs for Jefferson County while improving the property.
"The Old Standard project is fundamentally about cleaning up the brownfield and turning it into a place where people can work," Cassell said. "The entire theory of the project was to use a job producing project to fund an environmental cleanup."
Some commissioners, while disappointed that county officials were not informed of what was going on ahead of time, are hopeful the development will provide economic development.
"It depends on what it is that we're going to be seeing," said commissioner Patsy Noland. "I don't like the idea that the county was not given notice this was happening, although there may not have been any reason for us to have notice because it's a state code that allowed this to happen, for the county to be circumvented. If it's about economic development and it's done well and it's done right, I'm probably going to support it."
This situation could have a statewide impact because of the state government's ability to approve brownfield developments without the knowledge or approval of local officials, Widmyer said.
As of now, the Jefferson County Planning Commission has sent a Freedom of Information Act request to Goes requesting, among other documents, all communication between Goes and her office and the parties seeking to develop the brownfield.
The County Commission also discussed sending a FOIA request, and it will discuss that action in greater detail at the board's July 22 meeting.
http://www.journal-news.net/page/con....html?nav=5006
Owners of brownfield can apply directly to state for right to the tract into an official brownfield economic development distric
By RICHARD F. BELISLE
July 15, 2010
richardb@herald-mail.com
CHARLES TOWN, W.Va. — The Jefferson County Commission learned Thursday that neither they nor local land-use regulations will have any control over a vast commercial development project proposed for the 411-acre former Old Standard Quarry off Millville Road near Harpers Ferry, W.Va.
A bill passed during a special legislative session in 2009 allows owners of a brownfield created by the extraction of coal, limestone or other minerals to apply directly to the West Virginia Development Office, a division of the state Department of Commerce, for the right to turn the tract into an official brownfield economic development district.
According to the bill, the designation bypasses the usual permit process normally required by local subdivision and zoning regulations.
“Any community with a brownfield better be aware that the state can override local regulations,” Commission President Lyn Widmyer said. “It’s a done deal, a contract between the developer and the state. The county has been taken out of the equation by the state of West Virginia. That’s not right.”
Commissioner Frances Morgan said the county needs to mount a court challenge against the legislation. “We have to put the kibosh on this,” she said.
John Maxey, president of the Jefferson County Planning Commission, told the county commissioners Thursday that he doesn’t believe the investors, whom he called “speculators,” are serious about the project. “It will probably never be completed. They have no intention of following through on this project,” he said.
Jennifer Brockman, the county’s planning director, said the plat was filed in the county assessor’s office Monday by Old Standard, LLC, a local investment group. It was recorded June 18 as an approved subdivision by the state development office.
Local developer Herb Jonkers, whose name was on the documents filed by Old Standard LLC, did not return a message left on his cell phone Thursday.
Del. John Overington, R-Berkeley, was one of six House members to sign off on the bill, which was filed Feb. 25, 2009. Overington was in a special session in Charleston, W.Va., and could not be reached Thursday.
According to a brief description of the project supplied by state development officials, it calls for a 60,000-square-foot building housing office and multiple research and development functions, a data center, 2.3 million square feet of underground buildings housing Internet operations known as “server farms,” a 250-room resort hotel/convention center and a 200-room hotel dedicated as a federal training facility.
The cleanup of the site is nearly complete, all contaminants have been removed and the quarry lake contains about 1.5 billion gallons of water that can be used for cooling data centers and buildings, the development office announcement said.
This week’s announcement isn’t the first go-around for the quarry land. In 2007, the county commissioners, on a 3-2 vote, denied a request for a zoning change to build a $250 million office and hotel project.
In 2008, a proposal by Stonewall Heights LLC to build a museum and office space on the site was shelved.
http://www.herald-mail.com/?cmd=disp...78&format=html
Plat for brownfield project OK’d
By Matt Armstrong, Journal Staff Writer
POSTED: July 16, 2010
CHARLES TOWN - A plat submitted by Old Standard LLC and approved by the executive director of the West Virginia Development Office recently has drawn the attention of Jefferson County officials, some of whom are surprised that they were circumvented.
The property currently is being marketed on the West Virginia Development Office's website, and some of its intended uses include a 60,000-square-foot office building and a 2,320,000-square-foot resort and convention center.
The new plat divides the Old Standard Quarry property into 41 lots and 13 parcels. The property is located off of U.S. 340 between Charles Town and Harpers Ferry. A similar, controversial development was brought before county officials in 2007 and was voted down by the Jefferson County Commission 3-2 on July 19, 2007.
There were several reasons why county officials rejected the previous proposal, including potential traffic concerns and the property's proximity to the Harpers Ferry National Historic Park, according to past reports in The Journal.
"It was not, to my mind, a well-thought-out proposal," said commissioner Lyn Widmyer, who was not a member of the County Commission when it rejected the original request.
Because of new legislation regarding Brownfield Economic Development Districts, Old Standard LLC was able to bypass local officials and submit its plat at the state level.
Surveyor Joseph Hines certified the proposed uses for the land on June 10, and Kelley Goes, executive director of the West Virginia Development Office, approved the plat June 14.
"The applicants did not attempt to address the concerns raised at the local level," Widmyer said. "What they did instead was take it straight to the state, and I don't think that's right. I think it's a clear instance of them (Old Standard LLC) thumbing their nose at local officials."
The brownfield economic development guidelines in the West Virginia Code state that applicants must demonstrate they have attempted to work in good faith with local officials in land use issues.
"Literally no one that I'm aware of on staff had any communication or any knowledge this was happening," said Jennifer Brockman, director of Planning and Zoning.
Mike Cassell, an attorney representing Old Standard LLC, said his client did attempt to work with the county.
"We did everything we could to discuss it with them and find a way the parcel could be useful and that the county could be included," Cassell said. "Casting these dispersions about the project provides nothing productive."
John Maxey, president of the Jefferson County Planning Commission, spoke to the County Commission about his concerns Thursday as a private citizen.
"I'm not opposed to the concept of an economic development activity," Maxey said. "But this particular project has never been serious and will likely never be completed."
The members of Old Standard LLC disagree, and they are confident the project will be completed and provide jobs for Jefferson County while improving the property.
"The Old Standard project is fundamentally about cleaning up the brownfield and turning it into a place where people can work," Cassell said. "The entire theory of the project was to use a job producing project to fund an environmental cleanup."
Some commissioners, while disappointed that county officials were not informed of what was going on ahead of time, are hopeful the development will provide economic development.
"It depends on what it is that we're going to be seeing," said commissioner Patsy Noland. "I don't like the idea that the county was not given notice this was happening, although there may not have been any reason for us to have notice because it's a state code that allowed this to happen, for the county to be circumvented. If it's about economic development and it's done well and it's done right, I'm probably going to support it."
This situation could have a statewide impact because of the state government's ability to approve brownfield developments without the knowledge or approval of local officials, Widmyer said.
As of now, the Jefferson County Planning Commission has sent a Freedom of Information Act request to Goes requesting, among other documents, all communication between Goes and her office and the parties seeking to develop the brownfield.
The County Commission also discussed sending a FOIA request, and it will discuss that action in greater detail at the board's July 22 meeting.
http://www.journal-news.net/page/con....html?nav=5006