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NEWS ARCHIVE
Updated: September 24, 2005

THE CLEVENGER'S VILLAGE DECISION.

By now, you have heard that the Culpeper Board of Supervisors voted 4-3 (Coates, Chase, Lee, Nixon - Yea. Hansohn, Rosenberger, Walker - Nay) on January 4, 2005 to approve Centex Homes' application to re-zone Clevengers Corner. And we are sure you understand the problems that may occur as a result of this action. But there are also important positive results from this three-year project:

• · Culpeper did not allow itself to be bullied, even by the largest homebuilder in the country.
• · By standing its ground far longer than anyone anticipated, Culpeper gained millions more in proffers, reduced risks, and strengthened language for enforcement of the plan.
• · Supervisors learned that developers have much more profit margin with which to deal than they believed. Further, they now realize that their goals for the County should have been more ambitious.
• · The exercise identified those who know how to deal with these matters, as well as those who do not. We know better now who has credibility to speak for the public.
• · The debate revealed those who were willing to fight for the County, even at risk of their reputation. We are not sure yet whether those who were ready to throw in the towel prematurely were impatient, uninformed, or had other priorities.
• · The gains have clearly indicated that public involvement can pay significant dividends.
• · The process set the tone for future negotiations with other developers. Having now taken on the biggest, Culpeper can readily use the lessons learned to handle future cases with relative ease.
• · The highlighted and detailed debate of finances and proffers informed the public of the critical nature of County needs and alerted the County of the requirement to provide for these needs.
• · CCC has also learned by the experience; we know better now how to meet future challenges.
• · CCC has created a credible base of support through which all citizens can express collective needs and desires for the future. A great many intelligent and thoughtful citizens have connected, and now constitute an effective voice to support and protect the Culpeper features most important to the public at large.
• · CCC has learned how the County works, developed key analytical templates and communication channels and established relationships with key personnel.

We have documented all the many twists and turns of this case study for posterity and, in due course, will make it available for other groups and counties. The Clevengers’ chronology will stay on our site for a while longer. The transcript of the Supervisor's Public Hearing on January 24th can found by clicking on this link.

We are recording this case study for the history books, complete with promises, expectations, concessions, and mistakes. Years from now, when results and consequences have revealed the true positives and negatives and promises have either been met or dishonored, the public will be able to see exactly what went right and what went wrong. Hopefully, we will have been able to move successfully through future challenges, drawing additional strength and knowledge from this experience.

Through this long and demanding process, both government and the citizenry have had an intensive course in suburban sprawl, development, and its related issues. We have learned how to better protect Culpeper County, our land and our resources. Now all we need is the will to take what we have learned, build on it, and remain engaged in the process.

Anthropologist Margaret Mead was right when she said: “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has.”

We thank our active members and subscribers for their faith and support in the effort.

UPDATE 18: CASE Z-403-04-1, REQUEST BY CENTEX HOMES, ET. AL. TO REZONE 1754 ACRES FOR CLEVENGERS VILLAGE

1. On Tuesday evening, January 4th, at their scheduled meeting, the Culpeper Board of Supervisors voted to table the application until January 24th, 2005. The reason for this delay was the fact that Mr. David Maddox, the County Attorney, had been hospitalized with a sudden illness at noon that day.

2. All parties agreed that the County Attorney should be present. This is understandable because the Water & Wastewater Agreement for this development, which is a legal contract between Centex Homes and the County, was to have preceded the public hearing on the proposed rezoning. In addition to agreeing on satisfactory terms, State statutes and County Ordinances are very specific regarding what constitutes a 'ready' contract. In this situation one, or both, of these issues were probably in doubt. The debate might very well have required legal opinion. Further, in cases such as this, a formal agreement is required before a vote can be taken on a re-zoning matter.

3. There was, however, obvious and pointed dissent within the Board to a motion to provide a special hearing, outside any regularly scheduled meeting, solely for, and on the admitted request of, the applicant (Centex Homes). The circumstances were obviously extraordinary. Supervisor Rosenberger elicited from the Director of Planning that the County legally had until June 2005 to vote on the application. Therefore, an additional week's delay to the next scheduled meeting on February 1st would have been trivial in comparison to the delays and incomplete responses over the last two years on the part of the applicant. Nevertheless, the motion passed 5-2 to table until January 24th.

4. Although the public is allowed to speak at scheduled Board meetings on any issue, "not on the agenda", the Chairman ruled that the Board had technically deferred a standing agenda item, and he therefore enjoined the public to limit its comments to other issues, saying that there would be an opportunity for a public hearing on January 24th.
In regard to the proposed development, CCC's analyses continue to indicate that, regardless of a satisfactory Water & Wastewater Agreement and increased cash proffers, the project is destined to produce a negative revenue return for the County, resulting in a net drain on the taxpayer for at least the next 15 years, causing an unwelcome exponential increase in property taxes.

5. No convincing evidence has been produced, despite repeated requests from the public, by Centex Homes, the County Administration or the Board of Supervisors that this rezoning will be of benefit to the citizens of Culpeper County. Thus, the public welfare can only be served by the Board of Supervisors denying the plan in its present form and giving the applicant an opportunity to prepare a plan that better meets the fiscal needs of the County.

UPDATE 17: CASE Z-403-04-1, REQUEST BY CENTEX HOMES, ET. AL. TO REZONE 1754 ACRES FOR CLEVENGERS VILLAGE

1. Although it was originally closed at their last meeting, the Culpeper Board of Supervisors will re-open the public hearing on the Centex/Clevengers Village project on January 4th, 2005, at 7:00 pm in the Supervisors’ Meeting Room in the Old Post Office Building, Main Street, Culpeper. Therefore, the public will have at another opportunity to express its views. Citizens are encouraged to make their point(s) again as this may be the last opportunity.

2. CCC still believes that the Clevengers Village plan, as submitted, would only benefit a few businesses at the expense of the County's citizens as a whole and, to avoid that, at the very least, the plan must be improved. Furthermore, the limited progress on the legal water & sewer agreement during the past month may point toward negotiations stalling as the January meeting approaches.

3. CCC continues to be concerned that the financial implications of this development have not been fully examined, in particular the requirement to raise all property taxes County-wide and whether there will be sufficient money at the State level to improve roads to keep pace with this development (and others). In view of the current debate over the cost of the provision of schools and the paucity of money for other County projects, CCC find this lack of attention to detail most alarming. All that Mr. Ron Bird said in his e-mail, which he followed up with a letter to the Star-Exponent, is frighteningly real. It is interesting to note that, in Fauquier County a tax-neutral home has to sell for over $700,000. County tax dollars paid for a financial analysis of Clevengers Village (see Reports), which clearly stated that the development was not financially viable. No re-examination of this report or its use as a planning tool appears to have been done since it was issued in March 2004. This is disturbing.

4. The on-going debate (sometimes acrimonious) between the School Board and the Board of Supervisors clearly points out the shortage of money at County level. And schools are not the only areas that are hurting; the Sheriff’s department, the Library, Parks & Recreation, even the Commissioner of Revenue, all need more money in their annual budget now to cope with the growth that has occurred already – and BEFORE an additional 1,300 to 1,500 houses are built in the northern end of the County. The State of Virginia is also strapped for funds and it would be naïve to think that they will come to the County's rescue. VDOT are similarly short of funding and it would be equally foolish to think that they could keep pace with this development, let alone carry out improvements that would fully mitigate the effects of an extra 3,500 private vehicles in this area.

5. Centex's proffers, however generous, would only pay for part of the initial costs of cushioning the impact of Clevenger’s Corner (and nothing towards the "by right" development) that would be released by approval of an enhanced sewage disposal plant. The proffers would not pay for the full costs involved, nor would they pay for the running costs. This only leaves local taxes on County citizens as a source of revenue.

UPDATE 16: CASE Z-403-04-1, REQUEST BY CENTEX HOMES, ET. AL. TO REZONE 1754 ACRES FOR CLEVENGERS VILLAGE

As is well known to those who have followed this action, the Supervisors at a public hearing reviewed the third major formulation of the Centex plan on November 17th. The plan was not exactly the same as was recommended for denial by the Planning Commission in October. That denial prompted a few final concessions by the developer: an additional $1.2 million in cash proffers, a commitment to build the retail by cohesive blocks, full two-story design in the retail district, and a few other road and design fixes.

The legal water & wastewater agreement, which is required by the County's Service District Authority, had not been finalized despite furious last minute negotiations by both sides. It appears that each side thought the other was going to blink on three major issues - and neither did. The County Administrator, in particular, is to be commended for driving a hard bargain to protect the County from future liability. Some Supervisors were visibly displeased with the holdup. In the end, they voted 4-3 to close the public hearing and vote on the entire issue at their regular meeting, January 4th.

It is particularly unfortunate for the average Culpeper taxpayer that this final problem is occurring on top of the Supervisors apparently having already decided not to pursue the major problem with the entire Clevenger’s Village project - that is that it will not pay for itself and will have to be subsidized by increased property taxes. This disparity has been clearly stated from the start by their financial consultants (See the Fiscal Analysis by Davenport and Company at ‘Reports’ on our website). Some County leadership still unrealistically believes the developer's figures despite extremely unrealistic assumptions, and others may feel that they can't insist on making it better. But those sentiments are a far cry from the laudatory goal of three years ago for these projects to be the solution for the County's already imbalanced economic development profile – not yet another burden on creaking County coffers.

CCC's message to the public and County leadership is that this kind of policy may be good for certain growth-oriented business, but it is decidedly against the best interests of the average Culpeper resident; and it certainly does not promote, let along preserve, Culpeper's assets. Such policy, instead, leads Culpeper down exactly the same road that Fairfax, Prince William, and Loudoun have already experienced, and over which their constituencies have complained for decades. It is destructive, it is expensive, and its cost is borne by those who can least afford it.

Unless the County leadership can convincingly prove to the public that subsidizing development at the expense of current Culpeper residents is somehow good, at some point the policy must change. The sooner they realize this, the less the damage.

UPDATE 15: CLEVENGER'S VILLAGE - FREQUENTLY ASKED QUESTIONS

Click on the link below to see citizens' frequently asked questions (FAQs) about the Centex development at Clevenger's Corner.

Clevenger's Village FAQs

UPDATE 14: BOARD OF SUPERVISORS WORKSHOP & PUBLIC HEARING. CASE NO. Z-04-01 - WED NOV 17, 2004

The Board of Supervisors Public Hearing on the development plan for Clevenger's Village (Rtes. 211 and 229) will take place on Wednesday, November 17th, 2004, at 6:00 pm (earlier than normal practice). The Supervisors have also scheduled a work session on the subject, starting at 5:00 pm the same evening. The public may attend both meetings, but can only speak at the actual public hearing.

The Board is holding this public hearing (and the work session) at the Culpeper County Middle School (adjacent to the High School - see directions* below) to ensure there is enough audience seating.

We anticipate Centex Homes will make a presentation, as in the past, but in this case it would be with the benefit of having answered Board questions during the prior work session. A new Proffer Statement was submitted on November 3rd that provided an additional $1.2 million in cash and a few other design concessions. The previous Centex project manager for this account has been "released" from the company and replaced with a more experienced man. Otherwise, the submission is unchanged, which is our concern.

Although the County Staff and Planning Commission cited significant deficiencies with respect to fiscal sustainability, village design, and overall impact, those statements have for the most part been ignored. Centex are proceeding as if this is now a "corrected plan", but it ignores the Planning Commission's recommendations (see Update No 13 below) in several respects.

CCC has continued to study the fiscal impact analysis, the aspect that will affect every resident in Culpeper County. Although the new cash proffer helps on capital issues, such as school construction, the operational (running costs) budget remains in the red. Most changes, which would improve this problem, have still not been included. As it stands today, Culpeper citizens will pay for this development through even higher property taxes than are already anticipated. Additionally, we repeat our firm belief in our findings from past analyses of the transportation, hydrogeologic, economic, and social impacts. The current proposal has not offset the negative consequences to the local area, the County and the region, in spite of the fact that it has been pointed out to the applicant exactly how to correct these.

Following comment by the public (which is welcomed by the Chairman), the Board may decide to vote to accept or deny the application. There is an equal chance for tabling, but only because the legal water/wastewater agreement is still tied up in negotiations over financial liability.

For those not familiar with the public hearing procedure, this will be the typical variety during which any attendee may address the Board for up to three minutes. There is no obligation for response from either the applicant or the Board. Citizen attendance, as always encouraged by us, at meetings such as this reflects public understanding of the long-term consequences, and demonstrates ground roots concern to Supervisors and applicants alike that the destructive practices of the past should not be repeated.

The decision on this proposal for development could fundamentally alter the quality of life for every citizen in Culpeper County, stabilize or sharply increase personal taxation, change the face of our county landscape forever and choose to respect or ignore our agricultural and rural heritage. Because of this, we would encourage you to attend (and speak if you so wish) on Wednesday night.

[*Directions to Middle School: From Rte. 229, approximately one half of a mile north of Culpeper Town limits, turn east at the school marquee sign (Achievement Dr), proceed 1/4 mile past the first large building and into parking lot on the right. The Middle School is at the lower left end of the lot.]

UPDATE 13: CLEVENGERS VILLAGE - CASE NO. Z-04-01. REQUEST BY CENTEX HOMES, ET. AL. TO REZONE 1,754 ACRES FOR CLEVENGERS VILLAGE

Report of Planning Commission Hearing, 9/29/04

The Culpeper County Planning Commission held a Public Hearing on this case, 9/29/04. This was the applicant's second formal filing, and the fourth proposal to develop this area. During the last two years these proposals have been modified more than a dozen times in order to meet the requirements of the County's Comprehensive Plan.

The current proposal contains minor changes compared to the version which was withdrawn in April 2004. However, the changes do not address several fundamental deficiencies. As has been the case in prior filings, some changes actually have made the plan worse. Current evaluation by the County and by CCC lists the following problems:

1. The plan does not adequately incorporate village center concepts because:

2. The proffers do not adequately mitigate impacts on the County's ability to provide adequate government services.

3. The proposed addition of multiple traffic lights, and modifications to roadways unreasonably impacts the levels of transportation service, both locally and in the general geographic region.

In addition to the above, CCC's research and consultants evaluate the water production and distribution plan as inadequate for three reasons: it is based on Virginia Department of health standards which neighboring counties have augmented; it is designed to draw water from adjacent neighbors; and the production estimates have not been normalized to account for testing in the wettest year since 1886. Furthermore, CCC's review of early versions of the legal County/Applicant Water and Sewer Service Agreement note unfavorable clauses possibly undervalued by the County in its concern for larger issues.

The applicant has been apprised repeatedly of these deficiencies but has chosen not to correct most of them. During the 9/29/04 Hearing, the public and the Commissioners questioned the applicant's claimed plan benefits, as well as its sincerity to cooperate with the County. In the end, the Commissioners voted unanimously to forward a recommendation for denial to the Board of Supervisors. The Supervisors have scheduled a Work Session on this case for November 17th, at 5:00 pm, followed by a Public Hearing at 6:00 pm. Either side may request delay for additional negotiations.

UPDATE 12: CLEVENGERS VILLAGE - CASE NO. Z-04-01

Concerned Culpeper Citizens Public Forum

With reference to our e-mail last week and Update 10 below, final arrangements have been confirmed for the Public Forum on Clevengers Village hosted by The Culpeper Citizen.

Centex Homes has agreed to join Concerned Culpeper Citizens (CCC) at the forum, Wednesday, September 15th, 7:00 – 9:00 pm, at the Depot in Culpeper. Although Centex has requested to make a maximum 30-minute presentation, most of the time will be dedicated to questions from the audience.

This Public Forum will be moderated by Lou Emerson, General Editor, Culpeper (and Fauquier) Citizen Newspapers. Mr. Emerson has performed this function often in the past for debates between political candidates. He will follow a structured “Questions from the Audience" protocol.

This will be the only opportunity for the public to address their concerns directly to Centex Homes (or to CCC) in a format where an answer is effectively required, and where counter-arguments are allowed. Thereafter, the format of the public hearing at Planning Commission and Board Of Supervisors meetings allow only three minutes per speaker and answers to questions are not required and rarely given.To the best of our knowledge, there will not be an opporunity for the public to ask Centex Homes any questions after the forum tomorrow night.

This Forum will be covered by the press, Cable Channel 21, and will be attended by a number of County officials.

As the outcome of this application will have an impact on every single citizen of Culpeper County (and some outside the County), wherever they might live, we encourage you to attend and to make your voice heard at what may well be your last opportunity to express your fears and feelings.

UPDATE 11: CLEVENGERS VILLAGE - CASE NO. Z-04-01

Concerned Culpeper Citizens Public Forum

With the assistance of Mr. Lou Emerson, General
Editor Culpeper and Fauquier Citizen newspapers, CCC and Centex have
agreed to a structured Q&A session with the public regarding
Clevengers Corner. Mr. Emerson will make all arrangements, structuring
and controlling the session in the now popular 2-sided political debate
format, complete with opportunities for counter-reponses by each side.
Tentatively, this is set for Sept. 15th, 7pm, at the Culpeper Depot
(venue is not yet confirmed). A further e-mail will be sent and information will be posted on our website.

Separately, Centex has scheduled a presentation at the Amissville
Firehall and has invited South Wales residents.
The following was mailed recently to all South Wales residents

Clevengers Village Information Meeting

Centex Homes will be hosting a presentation of the plan that has been filed with
Culpeper County for the rezoning of South Wales to create Clevengers Village.
This session will not be moderated.

Amissville Firehall
Sept 9th at 7pm
For South Wales Homeowners

Agenda:
1. Opening remarks: Butch Davies .... P.C.
2. Development Plan and Design Guidelines: Bill Neville, Bowman ....
3. Proffers and Fiscal Impacts: Steve Plescow, Centex Homes
4. Questions from the Audience

We strongly encourage public attendance whenever possible, and
especially at the Depot which will be well-covered by the
press, possibly cable TV, and a broad cross-section of Culpeper
citizens, management, and leadership.

UPDATE 10: CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL - CASE NO. Z-04-01

Note New Case Number.

With the minimum of information being passed to the public, Centex Homes held a "public forum" with the Rapidan/Rappahannock CSB in the afternoon of Wednesday, August 25. We have not had a report on this meeting as yet.

Recent newspaper articles have mentioned a public meeting by Centex With South Wales HOA on September 9th to discuss its Clevenger's Plan. Neither the South Wales HOA nor the Jeffersonton Community Center have any knowledge of this, and we have discovered no record of it elsewhere.

Separately, Centex and Mr. Davies have agreed, in principle, to CCC's proposal for a public meeting at which the public can pose questions directly to either them or to us. We are currently arranging details, and should be able to announce a date and place in the near future. Please return frequently to this webpage for information.

The County indicates it will not be able to evaluate Centex's new Clevenger's application in time for the September Planning Commission meeting. It will have a work session with Centex on September 20th, which the public may attend (but not speak). It is anticipated that the first public hearing will not be until October

UPDATE 9: CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL - CASE NO. Z-04-01

In the event, the article published by the Culpeper Star-Exponent (see below) on August 8, 2004 was most disappointing as it turned out to be yet another showcase iteration of the Centex plan for Clevenger's Corner which many of us had heard, at length, before. The proffers' statement reported in that article varies by around $14,000 with the proffers reported in a subsequent article in the Star-Exponent on August 18, following the "public" forum for the Chamber of Commerce. Two more "public" forums are planned by Centex, for the Rapidan/Rappahannock CSB and for the South Wales HOA. When we have details, we will post them on this site. Please note that we are still working with Centex to have our own (truly) public forum and we should be able to confirm details by the end of the month.

UPDATE 8: CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL - CASE NO. Z-04-01

Centex Homes filed a new application on Friday, July 30, 2004 with the Culpeper County Planning Department for the proposed development at Clevenger's Corner. We have not seen copies of this but it is thought to be very similar to the proposal that Centex had planned to put forward to the Board of Supervisors and then withdrew at the last moment. Mr Davies, representing Centex Homes, said that the new proposal has been "revised and updated" and that the new plan has "...adopted a huge number of CCC recommendations and we are willing to meet with them to discuss the plan". On Saturday, July 31, 2004, the Editor of the Culpeper Star-Exponent, in his editorial column, has solicited questions from the public to be used at a meeting between the Star-Exponent and Centex, the results of which would be published. Questions MUST be received by close of business on Tuesday, August 3, 2004. We would encourage you to take advantage of this initiative. Questions may be sent by e-mail to rhumphreys@starexponent.com, by fax to 825-5211 or by handing in typewritten questions to the office at 122 W. Spencer Street.

UPDATE 7: CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL

You will note that we have dropped the case number: this is to avoid confusion between the old application and any new application by Centex. Also, in deference to Charlie Clevenger and his family, we are retaining the name "Clevenger's Corner" until such time that the County agree on a change

The previous application having been withdrawn, Centex Homes submitted a "new" concept plan for Clevenger's Corner (see Update 2 below). The Director of Planning for Culpeper County has reviewed the plan and responded to Centex Homes. His comments cover design issues, the realignment of Old Bridge Road, enhancements to proffers for the proposed school sites, early commercial development and a reduced residential build out rate.

In accordance with the County Zoning Ordinance, Centex Homes may now formally file a rezoning application: this could not be formally considered by the Planning Commission any earlier than September 8, 2004. Please note that this would be a new application and, as such, would require all the supporting materials and papers, including a proposed water and sewer agreement.

UPDATE 6: CASE 383-02-1 (CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL)

Please click on the hyperlink below to view the questions asked at the Public Forum, 23 June 2004

UPDATE 5: CASE 383-02-1 (CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL)

Due to scheduling issues, we are changing the format of the Public Forum planned for Wednesday, 23 June 2004 at 7:00 pm in the Culpeper Depot. This meeting will be used to develop and discuss questions concerning development in Culpeper County. These questions will be valuable for our, and the public's, analysis and for future meetings involving the County and developers.

CCC will continue to work towards holding a moderated panel discussion at a later date to which developers would be invited to participate. We hope you will maintain interest in these important events.

UPDATE 4: CASE 383-02-1 (CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL)

Concerned Culpeper Citizens is sponsoring a public forum on Wednesday, 23 June 2004 at 7:00 pm in the Culpeper Depot to which the public is invited to participate in a panel discussion on major issues of development in Culpeper County. Invited panelists are John J (Butch) Davies Esq; Stephen T Plescow, Centex Corporation and the directors of CCC. The discussion will be moderated by Lou Emerson, the Editor of the Culpeper (and Fauquier) Citizen. We encourage you to attend and prepare questions. To avoid duplication, the questions will be handed to the moderator, but this should not prevent any spontaneous questions from the audience.

We trust that you will be able to attend and support this important event. Please feel free to invite any of your friends who might be interested in this matter.

UPDATE 3: CASE 383-02-1 (CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL)

Following on from an approach by letter to CCC by the Applicant's counsel, we have arranged a public forum at The Depot, Culpeper, on June 23, 2004 commencing at 7:00pm. Centex and the other applicants, together with Mr John Davies, their lead counsel, have been invited. The forum will be moderated to allow both sides to speak. Questions from the audience will be most welcome and would be passed through the moderator to avoid repetition. We will update this information closer to the date and will also send out an e-mail to members who have given us their addresses. If you believe we do not have your e-mail address, please send this to us through this site.

UPDATE 2: CASE 383-02-1 (CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL)

Centex filed a 'Concept Plan" on May 14, 2004 with Culpeper County Planning for the proposed development at Clevenger's Corner . In essence, this is the same proposal that Centex had planned to put forward to the Board of Supervisors and then withdrew at the last moment. We will be following this closely and will be commenting to the County Planning Staff. We will keep you informed, either by e-mail or on our website.

UPDATE 1 : CASE 383-02-1 (CLEVENGERS VILLAGE BY CENTEX HOMES, ET. AL)

The Board of Supervisors cancelled the public hearing scheduled for 4/29/04 for this case because earlier in the day the applicant had withdrawn the case from consideration. The County Staff had repeatedly told the applicant that it was not ready for consideration, and recommended denial (see Final Report).

This simple description of the issue masks broad and deep problems with the case. The plan offered by the applicant for the required wastewater treatment plant was, literally, 'too little and too late'. In January, the County's Director of Environmental Services noticed that the plant design was so unusual and that no other facility on the proposed scale existed in the United States. It was later discovered that the nearest operation, in Canada, had been named in a legal suit; that there were no operator or training programs in the US; and that the design would not convert to a potential State bio-solids pelletization mode without expensive modifications. There were also a number of unresolved issues relating to the proposed water supply and water treatment systems. Inasmuch as the area is in a County Service District, all such features must be covered in a legal agreement

. Although the water and wastewater problems are obviously necessary for health, safety, and welfare of current and future residents of the area, there are even deeper problems yet relating to cost, efficiency, effectiveness, and the consequent impact on the County's budget, and, by extension, all Culpeper's taxes and fees. Just as water and wastewater systems involve initial capital costs, replacement or modification capital costs, and operational costs, so also do most other components of any development plan on this scale. In this regard, the County long ago recognized the need for what is called 'sustainable development', that is to say, integrated residential and commercial construction that generates as much revenue from taxes and fees as it costs in County services. The County wrote this standard into the existing Comprehensive Plan, and much of the County staff and leadership recognize the inherent value of this growth principle.

On the other hand, the applicants in this case tried to whitewash this issue by painting an unrealistically rosy economic picture, and then, having lost that point, assiduously ignored the issue. The reason is obvious. Sustainable designs generally require what are called 'traditional neighborhood development" (TND) features, and genuine smart growth principles. The former require specialized design experts and more up-front capital; and the latter are not always available for land that developers buy at bargain prices. In other words, speculative investment patterns are frequently at odds with what is best for the community.

As this report is being posted, CCC has learned that the applicants have just revived this case by providing the County what is called a 'concept plan'. This is a preliminary step on which negotiations with the County staff can begin before opening a new file for formal review by the Planning Commission and the Board of Supervisors. As this and other cases proceed, we will continue to stress the issues of sustainable development and smart growth (see above). We are convinced they are far more important for current and future generations' quality of life than cheap quick solutions.

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