JANUARY 2012 GET EXCELLENT LEGAL. ARNOLD & BAILEY


ANNOUNCES A BRAND NEW


PRACTICE IN CHARLES TOWN


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208 N.GEORGE ST CHARLES TOWN, WV 25414 t 304 876-1575 f 304 876-9186 WWW.ACBATTORNEYS.COM


INJURY


DIVORCE DUI


CRIMINAL LAND USE


ARNOLD


& BAILEY ATTORNEYS AT LAW


EMPLOYMENT EXPERIENCE CREATIVITY UNDERSTANDING STRENGTH ETHICS


S. ANDREW ARNOLD, ESQ. GREGORY A. BAILEY, ESQ. CHRISTOPHER P. STROECH, ESQ.


Letter To The Editor


How Fear Drives Bad Decision Making


Only in Jefferson County


could a developer request the highest level of regulation, then have planning commis- sion staff recommend the least restrictive zoning classification (Conditional Use Permit, CUP). A CUP doesn’t provide the pub- lic what they asked for—the predictability of future uses and guaranteed future public involvement. This whole process started


with my dream of building a sustainable community, which has evolved to putting Mor- gan’s Grove Market under roof. Our current zoning, Agricul- ture, does not allow us to build this structure. We all know the county’s zoning ordinance and classification names are a mess.


After in-depth research and five years of listening to con- cerned citizens, we came to the conclusion that the county’s most restrictive zoning classifi- cation, Commercial/Industrial, would best address the stated concerns of our neighbors: fu- ture uses, public notifications, no housing, traffic, and water- shed. We all know the visual im-


age created when you say the word “industrial.” However, we showed how set-backs would prohibit the use of any Heavy Industrial uses, and how man- datory public hearings on all future structures constructed would prevent unwanted uses, as evidenced by the current activism. The remaining “In-


dustrial” uses (think cottage industries) would have been no different than what is allowed under all zoning classifications and CUPs. The new classifica- tion would have triggered the most restrictive environmental guidelines, offsite issue mitiga- tion, and public input. So, because a few individuals projected their own fears and lack of knowledge of the zoning ordinances, they left the prop- erty and neighbors unprotected as evidenced by the previously approved CUPs: 74 townhomes, 54 townhomes, 34 townhomes plus 30,000 square feet of com- mercial. Our community needs brave


leaders who are willing to en- gage all parties, without fear and bias, in order to come to a collaborative solution, or we’ll continue West Virginia’s his- tory of missing opportunities.


Peter S. Corum Morgan’s Grove Market (304) 283-2467


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