Linden Rezoning Disaster 

The Warren County Board of Supervisors (BOS) June 15 decision approving the rezoning for development of a Sheetz at Interstate-66’s exit 13 is a disappointment. Since the justification for that decision was not apparent, I asked several supervisors who supported it what their reasoning was. Property rights were one response.  However, in prior testimony to the BOS I offered that the landowner’s property rights had and were still intact, and he was able to conduct any of the permitted agricultural activities on his property. No one should be entitled to a zoning change just because it provides them a financial benefit.

What about the property rights and interests of the hundreds of nearby residents whose quality of life will be forever diminished, as well as the rights of other citizens who travel through that area who took the time to voice their opposition to this proposal?  Plus, what about the concern that the proposed gas station posed a potential risk to the water supply of a residential community?

Another answer received was that commercial development at that exit was inevitable, which is nothing short of ridiculous, in my opinion. If that were true, there would be no need to analyze the pros and cons of any issue because the outcome would already be a certainty. A free people should have the right to determine what is in the best interest of their community on every separate matter on its independent merits.  Just because something might be a nice fit at a location does not mean that it’s appropriate, beneficial, or desirable. Should commercial development be justified at every highway exit simply because it provides easy access?

A supervisor suggested that the landowner had been cooperative with the community and previously permitted the use of his property for a school bus stop for free, and thus he was entitled to special consideration, I guess as a reward. Should being a good neighbor and doing the right thing be an altruistic action rather than a business decision with an expectation of future compensation? What would that say about a person’s character?

None of the answers offered to date have provided reasonable justification for the rezoning. A Sheetz service station at that location will provide no significant benefit, beyond the school bus stop proffer, to the citizens of Warren County since similar types of businesses are already operating in proximity. Concerned residents made it abundantly clear that the bus stop provision in the planned development did not offset the negative aspects of the full proposal. Also, it was pointed out in public testimony that the proposed development was not consistent with our Comprehensive Plan, but that didn’t seem to be acknowledged by or influence the supervisors. If I didn’t know the supervisors better, I would think that we may have begun slipping back to the old political ways of good old boy, biased politics. But discounting that, I am at a loss to consider any critical thinking logic that could be used to support the rezoning approval.

Your guess is as good as mine as to why the Happy Creek Supervisor voted to approve the rezoning after initially opposing it. Strangely enough, he was the ringleader of the effort to reconsider the original decision which denied the rezoning request. Maybe he’ll be forthcoming with his reasoning at some point, but I won’t hold my breath waiting for his full transparency. Could it be just a last-minute opportunity to screw constituents who previously mounted a recall effort, (since it does not appear that he is pursuing another term in office)?

Up until now, I have been a consistent, vocal supporter of this Board, but the rezoning decision should cause concern for all Warren County citizens. If this Board can be so wrong on this matter, which should have been a unanimous denial, in my opinion, how can we feel comfortable that more nonsensical decisions will not follow in the future? The Board’s decision, which benefits only one citizen at the expense of many, is very troubling to me. At a minimum, the supervisors that supported this should be transparent and provide a clear and complete public explanation of why they chose to represent the interests of one, possibly greedy, property owner over the majority of citizens who were opposed.

Even more concerning than the recent bad rezoning decision is that this Board has indicated it may not be committed to having a fully participatory government by receiving citizen feedback, as is evidenced by the arbitrary 60 minutes in-person public comment period limit imposed at the Board meetings. Unlimited time should be permitted for the Board to hear the opinions of their constituents. Being able to send letters, emails and make personal contacts with the BOS is not as effective as in-person testimony in an open forum, in my view. I hope the Board will give this matter the attention it deserves and correct this bad policy.

Unfortunately, the rezoning is a done deal and that area will soon be despoiled forever. Once completed, the Sheetz at Exit 13 will be a constant reminder of how our representatives failed to protect the public’s interests when they had the opportunity. We can only hope this decision was a one-off, and we’ll witness better decision-making in the future. We’re all human, so making a mistake periodically can be expected and forgiven.

Gary Kushner 
Bentonville, Virginia