Archive

This page is an archive of past "What's New" items. Scroll down to learn more. See also our SCN history page and read media accounts of Crow's Nest in our newsroom.

NOTE: Descriptions here were accurate at the time they first appeared, but may no longer be current.

Tuesday, May 20th, @ 7:00 pm.
Board of Supervisors’ Chambers, Stafford County Administration Building.

On Tuesday, May 20th, at 7 pm the Stafford County Board of Supervisors will hold two public hearings on matters important to Crow's Nest. One hearing is on the Potomac River Resource Protection overlay district, which will create additional protection for creeks and steep slopes in environmentally sensitive areas on and surrounding Crow's Nest and three other parks. The second public hearing will be on the secondary road plan, which for the first time will remove a planned new road to Crow's Nest.

Supervisors Joe Brito (I-Hartwood), George Schwartz (D-Falmouth), Bob Woodson (D-Griffis-Widewater) and Harry Crisp (D-George Washington) all pledged support for both of these efforts. Please contact them now to thank them in advance for voting to approve the Potomac River Resource Protection Overlay ordinance, and for removing the "new" Andrew Chapel Road project from the secondary road plan.

The Potomac River Resource Protection Overlay district will increase protection of the Aquia, Accoceek and Potomac Creeks and the Potomac River by expanding buffers around creeks and limiting building on steep slopes next to creeks. The legislation focuses on the most sensitive areas surrounding four public parks: Crow's Nest, Widewater State Park, Aquia Landing and Governor's Island.

You can read the staff report on the legislation, including a copy of the ordinance and of the map depicting the overlay district. You can also view the staff presentation to the Planning Commission.

That same night the Board of Supervisors will also be holding a public hearing on the six year secondary road plan. Several years ago, the previous Board added a "new" Andrew Chapel Road This road will facilitate development of the peninsula and nearby properties.

The 4-phase Courthouse Road project plan includes building an entirely new road that dead-ends at Stafford County ’s largest track of undeveloped land, Crow’s Nest. That road would facilitate development and dramatically increase traffic in the area. (Map is from the Free Lance-Star, modified to show the property owned by Stafford Lakes LP.)

The cost of this project has ballooned to $11 million, yet this section of road serves only 3,300 vehicles per day and has a low accident rate. For that reason, a majority on the Planning Commission, which makes recommendations to the Board on transportation issues, recommended to the Board that this road project be removed, and a request be made to reallocate the fund for it to improving the Falmouth intersection.

As we predicted might happen, on Tuesday December 18, 2007, at their very last meeting and during a closed afternoon session, the lame-duck Stafford Board of Supervisors agreed to a deal to purchase a portion of the Crow’s Nest peninsula. However, most of the peninsula remains unprotected.
It is not clear if all the Supervisors even knew what they were voting for since the agreement was not made available to them in advance of the meeting. Supervisor Joe Brito (I-Hartwood) abstained from the vote saying he did not have enough time to read the purchase agreement. Supervisor Pete Fields (D-George Washington) voted against the deal. In our discussions with Mr. Fields, he stated he voted against the proposal because the price was too high, and it did not guarantee that all of Crow's Nest would be permanently protected against development. The remaining five supervisors--Milde (R-Aquia), Dudenhefer (R-Garrisonville), Gibbons (R-Rock Hill), Cavalier (I-Griffis-Widewater) and Schwartz (D-Falmouth)--voted in favor.

What we know
To understand the deal, you must first understand that there are three different portions of the Crow’s Nest peninsula to be considered

This deal guarantees purchase only of parcel “A” (green)--about 40% of the peninsula--for $19 million. It has an option, but does not guarantee, purchase of Parcel “B” (yellow), for $16 million. It does NOT cover the Crow’s Nest Harbour and nearby lots (red).

Is this good or bad?
Saving at least a portion of Crow’s Nest may seem like a step in the right direction. Unfortunately, in this case the Board has approved a bad deal that:

Real estate prices are dropping in Stafford County . Developers and land speculators like the principle owners of Crow’s Nest, Stafford Lakes LP (a.k.a. K&M Properties) are facing a difficult time. Now, the Board has agreed to pay what appears to be above-market value for the land least likely to be developed because of marshes and steep slopes, while leaving the remainder of the peninsula unprotected from development. The landowners walk away with a sweet deal, while taxpayers are left paying an inflated price.
          The Board could have used the lull in the real estate market to end its long-stalled eminent domain effort, initiate new “quick-take” eminent domain proceedings, and purchase the entire peninsula at current fair market prices. This would have been fiscally responsible and environmentally sound.
          Instead, the Board’s actions, paradoxically, almost guarantee development will now occur. One of the most sought-after amenities for new developments in this region is open space and walking trails. By purchasing only a portion of Crow’s Nest, the Board has made it all the more attractive to develop the remaining acreage. Indeed, development plans already exist for the Crow’s Nest Harbour lots and adjacent areas. If they proceed with by-right development, taxpayers will again pay by footing the bill for the necessary additional roads and services, while developers will again reap the profits.
          Save Crow’s Nest wrote to the Department of Conservation and Recreation to outline these and other concerns about the deal to purchase only part of Crow’s Nest.

What Now?
Crow’s Nest faces new development dangers in the coming months. This current deal can be salvaged only if the new Board of Supervisors acts to protect taxpayers and the environment, rather than bailing out developers.
Specifically, the new Board should:

We will be contacting you in January to let you know how you can help make this happen.

A note on the problem of secrecy
A key problem plaguing the entire process leading up to this deal has been the secrecy of the Board of Supervisors. They have met behind closed doors, not only to discuss price, but to negotiate a deal with the landowners in secret without public scrutiny or input. Even now, we can only base our analysis of this deal on what has been made public. We do not know if other secret deals were made. We certainly hope the new Board of Supervisors taking office in January will bring a spirit of openness to this process.

On Tuesday, November 6th, three new people were elected to the Stafford County Board of Supervisors. Two of these, Harry Crisp (D-George Washington) and Bob Woodson (D-Griffis-Widewater) received perfect "blue heron" scores on the Save Crow's Nest "Voter's Guide," (A positive blue heron indicates an overall position consistent with preserving Crow's Nest. A negative black bulldozer indicates an overall position consistent with action that could facilitate development on the peninsula.) The third winner, Cord Sterling (R-Rock Hill), did not respond to the Save Crow's Nest survey.

On election day, volunteers from Save Crow's Nest distributed over 2,000 copies of the Voter's Guide to voters at the polls in the George Washington, Griffis-Widewater and Rock Hill precincts. In addition to informing voters of where candidates stood on Crow's Nest, this provided an opportunity to educate Stafford residents and voters about Crow's Nest and important legislation that could impact it.

We look forward to working with the new Board of Supervisors in 2008.

George Washington

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Griffis-Widewater

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Rock Hill

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Harry Crisp (D)

Bob Woodson (D)

Cord Sterling (R)

Where Do the Candidates Stand on Crow's Nest?

On November 6^th, three of the seven seats for the Stafford Board of Supervisors are up for election. Save Crow's Nest surveyed the candidates for Supervisor on where they stood on legislation that could either facilitate development on Crow's Nest, or promote preservation of it.

Read the "Voter's Guide," including candidate responses. And be sure to take a look at our Report Card to view incumbent Jack Cavalier's voting record on Crow's Nest issues.

(A positive blue heron indicates an overall position consistent with preserving Crow's Nest. A negative black bulldozer indicates an overall position consistent with action that could facilitate development on the peninsula.)

George Washington

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Griffis-Widewater

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Rock Hill

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Tom Coen (R)

Jack Cavalier (I), Incumbent

Jerry Kirven (D)

Harry Crisp (D)

Bob Woodson (D)

Cord Sterling (R)

Currently, the Stafford County Planning Commission is considering a proposed comprehensive plan amendment and a rezoning application for Stafford Town Station that will allow between 1,740 and 2,250 housing units on land currently approved for 145 homes. Because some supporters of this development project have said that the project is linked to saving Crow's Nest, Save Crow's Nest has written to the Planning Commission to make it clear that a vote in favor of the project is NOT a vote to save Crow's Nest, and that the project is a bad deal for taxpayer. The proffers made as a part of the project are not adequate to protect Crow's Nest.

Save Crow's Nest has always supported financially responsible solutions to permanently protecting the peninsula. We have never said "Crow's Nest at any price," and do not want Crow's Nest to be used to justify such a bad deal for taxpayers. For these same reasons, Save Crow's Nest spoke at the public hearing on the Traditional Neighborhood Development, the new law that makes dense residential developments such as Stafford Town Station possible.

Save Crow’s Nest held its first Crow's Nest trash pick-up on Saturday, July 21st. Braving the heat, bugs and weeds, volunteers from Save Crow's Nest were joined by Stafford candidates for Supervisor Harry Crisp (George Washington), Jerry Kirven (Rock Hill) and Bob Woodson (Griffis-Widewater), as well as Senate candidate Albert Pollard (28th District). A total of thirty-two bags of trash, about twenty feet of cable, a wood pallet, one tire, and auto parts were cleaned up from the roads through and surrounding Crow's Nest.

Clockwise from the top, left: Supervisor candidates Kirven, Crisp and Woodson joined the pick-up; some of the volunteers stop for a break by one of our signs, which you can find on Brooke and Raven roads; Senate candidate Pollard brought volunteers, bags and gloves for the pickup; the first shift started on Raven Rd, a second shift cleaned Brooke; the bags got heavy but were no match for this Marine; Raven Rd looked much better with the trash picked up

  Supervisors Effectively Kill Legislation that Could Have Helped Protect Crow’s Nest
     In a 4-3 vote, the Board of Supervisors voted on June 5th against sending the Water Resource Overlay ordinance to a public hearing before the Board. Instead, after sitting on it for more than a year, they sent it back to the Planning Commission for a third time. That move effectively kills the legislation by burying it in the County’s bureaucratic process.
     The Water Resource Overlay would have expanded the protective buffers around creeks to include steep slopes and highly erodible soils, in areas designated by the Board of Supervisors as being sensitive water resources. Such an ordinance would have gone a long way to protecting the water and other natural resources on the Crow’s Nest peninsula.
     “Save Crow’s Nest” has long advocated this legislation as one of the key things the Board could do to protect the peninsula. As an added advantage, the legislation would come at no cost to the County.
     While this legislation has been bogged down, the property owners have continued to advance their by-right plans for building on the Crow’s Nest peninsula. Supervisors Schwartz, Brito and Fields supported a motion to send the legislation to a public hearing, while Supervisors Cavalier, Dudenheffer, Gibbons, and Milde voted to effectively kill the legislation.
     Board members have sometimes complained that they do not have adequate tools to curb growth and protect the County’s natural resources. This is a case where a majority of the Board has chosen not use a tool they do have.
     Instead, plans to develop Crow’s Nest continue to move forward. The County’s move to condemn a portion of the property—which does not commit the County to an actual purchase—is moving slowly through the court process.
     We encourage you to let the Supervisors know what you think about their respective votes on this issue.

On Monday, April 2, Stafford Lakes LP (also known as K&M Properties) submitted a plan for the development of nearly 300 acres on Crow's Nest. The proposed subdivisions and construction of more than sixty homes will be done on areas previously designated by the owners as "open space" in earlier development plans, and includes acreage not included in the Board of Supervisors' purchase offer. (Read the news story.)

These new development plans are possible because the Stafford Board of Supervisors has not acted to implement legislation that would prevent inappropriate development on the peninsula and protect the natural, historical and cultural resources on it. (View our "report card" on the Board of Supervisors' legislative action.)

We will post more details on the proposed development plans as they become available.

Heavy machinery is seen on an almost daily basis on Crow's Nest. This picture was taken in March 2007.

Supervisors Initiate Eminent Domain Proceedings
On Friday, November 17, 2006 Stafford County announced it filed a petition for eminent domain proceedings to acquire 2800 acres of the Crow’s Nest peninsula for a “public park for passive recreational purposes.” (Read the local news story and the state news story.) This action follows through on a unanimous vote taken nearly five months ago authorizing such a move. In the interim, the County has been updating appraisals and attempting to negotiate with the landowners to reach a settlement. The initiation of eminent domain means that such a settlement was not achieved.
Details of this process will emerge in the coming days. Right now, here is what we know:

What does this action mean?
If it is deemed in the public interest, governments have the right of “eminent domain” to purchase property from landowners—even if they object. County governments do this routinely when they put in new roads or build other infrastructure, sometimes leading to the displacement of homeowners. If a deal cannot be reached, landowners are paid a fair market value for their property, as determined by the courts.
The Board’s actions formally initiate the legal process to acquire a part of the Crow’s Nest property. Eminent domain is especially appropriate in this case since no one lives on the property and, thus, no one will be displaced.

Is this a meaningful step forward?
Yes. This moves the County towards purchasing and preserving a significant portion of the peninsula. We have always advocated eminent domain as a last resort. However, given the lack of progress in negotiations during the past years, coupled with the repeated damage done to the natural and historical resources on Crow’s Nest, this step became necessary. In initiating this action, for the first time the County has moved from talking about saving Crow’s Nest, to doing something necessary to protect this treasure.

Does this mean Crow’s Nest is finally saved?
     No. There are a variety of hurdles still to be overcome.
     There is still a lengthy legal process involved. The Board did not file a “quick take” petition, in which the County immediately obtains possession of the property—and later pays the fair market price as determined by the Court. Instead the County filed a petition that could take a year or longer to process. At any point in the process, the County can change its mind and abandon the proceedings.
     In addition, the landowners could marshal their multitude of lawyers to challenge this every step of the way. Or a negotiated deal could still be reached.

If successful, will this action protect all of Crow’s Nest?
No. The County’s actions cover only 2800 of the roughly 4,000 acres on the Crow’s Nest peninsula. While this is significant, further actions will need to be taken to protect the remaining portion of the peninsula. Otherwise, the unique habitat created by the continuous acreage on Crow’s Nest will be lost. The pressure to develop the remaining acreage will be intense.

Board votes to increase offer to purchase portion of Crow's Nest; affirms intent to condemn property if offer refused

On September 5th, the Stafford County Board of Supervisors voted to increase by $2.7 million their offer to purchase a portion of Crow's Nest. An offer will now be made to Stafford Lakes LP (also known as K&M Properties) for $33.2 million. The increased offer was based on the market value determined by a recently completed revised appraisal. The Board also voted to initiate condemnation proceedings if Stafford Lakes, LP refuses the offer.

This is a positive first step, and goes a long way to demonstrate the Board's commitment to protect Crow's Nest from development. However, we remain concerned that the offer is for only a portion of the property, and does not include any of the property owned by Stafford Lakes, LP in the "Crow's Nest Harbour" subdivision platted out in the 1970's (see map below). That portion of the peninsula is directly adjacent to the heron rookery. In the past month, there have been increased signs of potential development. Heavy machinery, including a front loader, has been on the property. The right of way for roads in the Harbour have been marked. Aerial surveys have been taken, and extensive GPS-based surveying completed.

Offers by the Board of Supervisors to purchase property from Stafford Lakes LP, and the cash proffer for the Stafford Town Station project, do not address any of the property in “Crow’s Nest Harbor.”

Stafford Lakes LP Continues Activities on Crow's Nest
Even though the Stafford County Board of Supervisors has filed to purchase a portion of Crow’s Nest through eminent domain, Stafford Lakes LP (the property owner) is continuing activities on Crow's Nest. Following a recent Stafford Circuit Court ruling that allows Stafford Lakes LP to clear and grade land on Crow’s Nest to conduct percolation tests in anticipation of development (read more), heavy machinery has reappeared on the property. Additionally, the owners of Crow’s Nest have leased exclusive hunting rights to a private club, barring the public and local hunters from accessing the property.

This front loader with a back hoe was photographed on Crow's Nest on November 24th. That same day, the vehicles of hunters lined Raven Road (the road through Crow's Nest). Many carried ATVs and hunting dogs.

Judge Braxton of the Stafford Circuit Court has prohibited the County from enforcing its soil and erosion control ordinance, allowing Stafford Lakes LP to move forward with clearing and grading in order to conduct drain field site tests on Crow's Nest. (Read the news story.) The Judge acted on lawsuits filed by both the County and Stafford Lakes LP. These lawsuits were the result of a stop work order issued by the County when, in response to a complaint filed by Save Crow's Nest, it determined that Stafford Lakes LP had engaged in unauthorized “land disturbing activities” (clearing and grading with a front-loader) without the required permit. (Read the court documents and related news stories.)

Unfortunately, this is just the sort of thing we have been expecting. With this latest ruling, the destruction of vegetation, habitat and historical sites on Crow's Nest can continue. Until the entire peninsula is permanently protect from development, we are likely to see more actions like this that advance development and disturb the environment.

Unless Judge Braxton's ruling is overturned by the Supreme Court of Virginia, this is the type of damage that will continue to occur on Crow's Nest as Stafford Lakes LP moves forward with development plans.

On Wednesday, November 9th, members of Save Crow's Nest presented a display and spoke on a panel at an environmental summit for middle school students held at Stafford County's Rodney Thompson Middle School. (Read the news story.) Middle school students from Rodney Thompson, King George Middle School, Spotsylvania Freedom Middle School and Mariner Middle School of Milton, Delaware participated in the annual event.


SCN member Yamini Singh (far right, in photos on left and center) presents to students. Middle school students speak out (right photo).

PERMANENT PROTECTION FOR CROW’S NEST STILL NEEDED
Once again, the Stafford Board of Supervisor’s lack of action to protect Crow’s Nest has left the resources on the peninsula vulnerable to irreparable damage. (Read the SCN press statement.) On Friday morning October 27, Save Crow’s Nest (SCN) confirmed that over 150 relic hunters in more than 40 vehicles had converged on the historically-significant and environmentally-sensitive Crow’s Nest peninsula for the Grand National Relic Shootout (GNRS), a three-day contest that pits relic hunting teams against each other. A flurry of activity by citizens followed, and by the end of the day, the property owners requested that the Stafford County Sheriff intervene to evict the trespassing relic hunters. (Read more and see photos….)

Effort to Save Crow's Nest Inspires Award-Winning Art

(Click on image to enlarge.)

Inspired by the ongoing effort to preserve the Crow's Nest peninsula, Scarlett Pons-Suhy, a member of "Save Crow's Nest" produced a photographic collage piece entitled "60 Acres a Day." Her artwork was recently awarded first prize in the mixed media category as part of "Uniquely Fredericksburg," a juried art exhibit.

As she says in her artist statement for the piece, "Sixty Acres a Day was inspired by all the development that is happening in our area. Therefore, I wanted to create a piece where the traditional contrasted the new. The layout of Sixty Acres a Day is a traditional pinwheel quilt pattern that is constructed out of photographs taken of local construction sites." In assembling the images for the piece, Pons-Suhy notes, "The most surprising realization that I made […] is the amount of destruction that occurs to create this new semi-urban landscape that Fredericksburg is quickly becoming. The amount of dump trucks and 18 wheelers carrying freshly cut trees and construction equipment is astounding. The progress of leveling our hills for a new fast food restaurant or super store that already exists twice over in a 20 mile radius is overwhelming. It's the pace really that is hard to grasp. I have to ask, 'Is it worth it?' Replacing our dogwoods and cedars, our wildflowers and cardinals for another pharmacy? According to my research if we continue developing the way we have been we will be destroying an average of sixty acres a day in the Commonwealth."

You can learn more about the work of Scarlett Pons-Suhy and her husband, Gabriel, at their website, ponshopstudio.com.

In September, a "Save Crow's Nest" complaint led to county action to stop illegal clearing and grading on the Crow's Nest peninsula (see below). Stafford Lakes LP, the corporation cited in the County's stop work order, has filed a lawsuit in Stafford Circuit Court appealing the County's actions. (Read the Stafford Lakes' "Complaint for Declaratory Judgment"). The County has also filed a "Complaint for Declaratory Judgment" asking the court to prohibit any further "land disturbing" activity until Stafford Lakes complies with the zoning ordinance regarding clearing and grading. These cases will be heard together on November 7th.

Property Owners Ordered to Stop Illegal Work on Peninsula; "Save Crow's Nest" Complaint Leads to County Action

Stafford Lakes LP, the company that owns the bulk of the Crow's Nest peninsula, has used heavy machinery to do illegal work there, including clearing underbrush and uprooting trees. After observing some of this damage, Save Crow’s Nest filed a complaint on September 11, 2006 with the Stafford County Code Administration Department regarding suspected illegal clearing of land on Crow's Nest. Based on the documentation Save Crow’s Nest submitted, the County immediately sent out inspectors to the site. As a result of their inspection, the County determined that unauthorized “land disturbing activities” (clearing and grading with a front-loader) had taken place without the required permit.

The County issued a "stop work" order to Stafford Lakes LP (the property owners) to cease the work being done by Frazier Consultants (the company contracted to conduct the work). The property owners must correct the damage they have done by seeding and mulching, and cannot do any additional work until they have obtained an approved erosion and sediment control plan and a grading permit from the County.

The work being done involved "perc tests" to assess the soil's suitability for septic systems, one of the steps needed to prepare for development. The property owners have the right to conduct these tests, however, they did so in a way that the County has now determined illegally disturbed the land.

Unfortunately, this is just the sort of thing we have been expecting. Until the entire peninsula is permanently protect from development, we are likely to see more actions like this that advance development and disturb the environment.

Read the Free Lance-Star article on this issue. (Clarification on this story: the County's actions were not in response to the perc tests per se, but to the unnecessary and illegal land disturbance which occurred in the process of carrying out the tests. Such widespread land disturbance (greater than 2500 square feet) requires a permit, which the owners did not obtain.)

The Crow's Nest Defense Fund, LLC, hosted a booth (pictured below) at Stafford's Discovery Days Festival in late August. The event the Godspeed, the Jamestown replica of the historic sailing ship, and brought thousands of people to Aquia Landing, adjacent to the Crow's Nest peninsula. While celebrating the County's rich cultural and historical heritage, visitors also learned about the County's natural heritage as embodied by its largest tract of undeveloped land, Crow's Nest. (Photos and details.)

The mission of the non-profit Defense Fund is to protect the natural and cultural resources on the Crow's Nest peninsula. The Defense Fund is selling commemorative photos of the Godspeed anchored off Aquia Landing as a fundraiser. To purchase a photo and support the Defense Fund, send a check ($10 for 8x10 color photo; $20 for 8x10 canvas print) to: Crow's Nest Defense Fund, LLC, PO Box 102, Brooke, VA 22430. A portion of the purchase price is tax-deductible.

On Saturday, September 9th, Save Crow's Nest was also at Hartwood Days, sponsored by Hartwood Presbyterian Church.

Judge rules in favor of the public’s interest in Crow’s Nest
On July 31, 2006, in the Stafford Circuit Court, Judge Braxton granted the County’s motion to extend the time for the County to respond to a lawsuit by Stafford Lakes Limited Partnership. Stafford Lakes LP sued the Stafford County Planning Commission and the Board of Supervisors after the Planning Commission denied Stafford Lakes’ preliminary subdivision plan to develop Crow’s Nest. That denial occurred in a unanimous vote of the Planning Commission in January 2006. Amazingly, the County Attorney’s office missed the deadline to respond to the lawsuit, which meant that by default the plaintiff (Stafford Lakes LP) would win the case—unless the Judge exercised his discretion that there is good cause to allow the case to proceed. In this case, Judge Braxton did find such good cause. The lawsuit will now continue to move forward, but it will be decided on its merits, rather than on a technicality. The next court hearing in the matter is scheduled for September 25th at 1:00 pm. (Read the news story.)

Save Crow’s Nest is pleased that Judge Braxton recognized the importance of Crow’s Nest to the people of Stafford County, and did not allow the errors by the County Attorney to penalize the public good. We look forward to the Board of Supervisors now moving forward with their decision to acquire and preserve this remarkable property. As the legal wrangling over Crow's Nest continues, please consider making a tax-deductible donation to the Crow's Nest Defense Fund, LLC. The Defense Fund was created to protect the cultural and natural resources on the Crow's Nest peninsula. To accomplish this mission, the Defense Fund has retained Mr. David Bailey, a noted environmental attorney.

Newspaper story highlights Crow's Nest resources
The Free Lance-Star highlighted the beauty, history, and exceptional resources found on Crow's Nest in a feature article on July 30th.

On May 19th, developer Rob Gollahon unveiled a plan for a major development, Stafford Town Station. The proposed plan calls for mixed office, commercial and residential use. Although the property is currently approved for 148 single family homes, the proposed plan calls for more than 1,600 residential units, including a mix of townhouses, single family and age-restricted housing.

The developer is offering several different proffers to mitigate the impact of the development. In addition to road improvements, the developer is offering $26 million that could be used for the purchase of Crow's Nest. (Read the news story.)

While this plan does not yet permanently protect the entire peninsula, it could be a step in the right direction towards saving Crow's Nest. The devil is in the details, of course, and we will post an analysis of the Stafford Town Station plan here as the details become known.

On Tuesday, June 20th the Stafford County Board of Supervisors unanimously voted to move forward with eminent domain proceedings to purchase Crow’s Nest. (Read the news story.) This follows the Board’s previous action of making a $30.5 million offer (see below under "Recent Developments") to Stafford Lakes LP (aka K&M Properties) for a portion of the property.

Eminent domain is a legal action governments can take when a property owner is not willing to sell at a fair price. The purpose of the legal proceeding is to get a “fair market value” for the property. A panel of commissioners, who are local landowners, is appointed by the circuit court to determine just compensation for the property owner. (Read an op-ed and a letter about eminent domain and Crow's Nest.)

The next step is for Stafford County to file a petition for condemnation in Stafford Circuit Court. The property owner then has 21 days to respond. If the experience of the Department of Transportation, which has filed numerous petitions for condemnation in Stafford Circuit Court, is a good indicator, it can take a year or longer for the petition to be settled.

It’s regrettable that this step was necessary. Stafford County made a fair offer, based on an appraisal, and apparently the property owner was unwilling to negotiate in good faith. By taking this step, the Board of Supervisors demonstrates that it is serious about protecting at least a part of Crow’s Nest, and is willing to protect taxpayers by not paying an exorbitant price for the property.

The County of Stafford has made an offer to purchase a portion of Crow's Nest, about 2,900 acres. (Read the news story and the editorial calling upon the owners to accept the offer.) The Board is to be commended for this action. However, saving the entire peninsula requires that all the property owned by Stafford Lakes LP (also known as K&M Properties) must be included in any preservation solution. Unfortunately, the offer does not include the "Crow's Nest Harbor" section of the peninsula, which is about one-quarter of the peninsula and is closest to the heron rookery. (See map below.) It also does not include about 400 other acres that are part of the large parcel owned by Stafford Lakes LP. This leaves the rest of property open for development.

The Spring 2006 offer by the Board of Supervisors to purchase property from Stafford Lakes LP, and the cash proffer for the Stafford Town Station project, does not address any of the property in “Crow’s Nest Harbor.”

On April 18^th, the Stafford Board of Supervisors voted 4-2 to approve a transportation plan that includes building a new road that dead-end's at Stafford Lakes LP's Crow's Nest property. The existing Andrew Chapel Road was not identified as a hazardous area or a priority for the County by the Youth Driver Task Force, but this new road could help facilitate development on the peninsula, and the cost of the total project will exceed $18 million. Consequently, Save Crow's Nest urged Supervisors to remove the "new Andrew Chapel road" from the plan.
Supervisor Schwartz made a motion, seconded by Supervisor Brito, to remove the road to Crow's Nest from the transportation plan. However, the motion was defeated in a 4-2 vote. The Board then approved the entire transportation plan in an identical 4-2 vote. Supervisors Milde, Fields, Dudenheffer, and Gibbons voted in favor of the plan to build a new road to Crow's Nest; Supervisors Schwartz and Brito were opposed; and Supervisor Cavalier was not present at the meeting. See the update to our Report Card for a summary of Board votes.

The Stafford County Board of Supervisors is to be commended on taking two important steps at its March 21, 2006 meeting that have positive implications for the preservation of Crow's Nest. Both actions were approved unanimously. (See our Report Card on the Board's recent and pending action.)

First, the Board unanimously passed a resolution to make a bona fide offer for the purchase of a part of Crow's Nest based on a recent appraisal of the property--said to be in the $27-$28 million range. (See Free-Lance Star article on this offer.) The purchase could be financed through a combination of State, County, and private funds. The offer is reportedly for 3,200 acres. This would include K&M's two major parcels (see map) but would not protect the area closest to the peninsula's heron rookery, Crow's Nest Harbor, a subdivision platted in the 1970s but never built.

If the owners accept the offer, they would receive fair market value for their land and the County could move towards permanently protecting this vital natural resource. If the owners reject the offer, insisting on more than the appraised value of the property, the County could then move towards acquiring the land through eminent domain. The purpose of eminent domain is to prevent landowners from extorting windfall profits from such deals. In such situations, the County commits to a purchase and the court decides on the final price.

Second, the Board unanimously passed a drain field ordinance that will help ensure that adequate information is provided early in the planning stage to determine if areas with challenging terrains, such as Crow's Nest, have adequate capacity to provide water and sewage disposal for the proposed number of lots. This means that any future subdivision plans for Crow's Nest will have to be based on a realistic assessment of on-site sewage disposal capacity. (The previous development plan for Crow's Nest was rejected unanimously in January 2006 by the Planning Commission, but the owners are appealing that decision in court.)

These first steps send a significant message about the Board's intent to save Crow's Nest. But the preservation of the entire peninsula is far from being a done deal. There is still a long way to go before a final deal is concluded and previous efforts to reach an agreement have collapsed in their final stages. However, these actions are definitely two important steps in the right direction.

Crow's Nest property owners, K&M Properties (a.k.a. Stafford Lakes LP) have dropped a challenge to a judge's ruling regarding Crow's Nest, but have filed a new appeal regarding their proposed development plan. The appeal that was dropped had challenged part of the judge's ruling in response to a citizen-initiated law suite about Crow's Nest. The new appeal challenges the Planning Commission's unanimous rejection of K&M's proposed development plan.

The Crow's Nest Defense Fund, LLC has retained Attorney David Bailey to represent citizens' interests in the legal actions regarding Crow's Nest. The Defense Fund is a non-profit organization, and needs your financial support to continue the legal effort to protect the natural and cultural resources on the Crow's Nest peninsula. Please send tax-deductible contributions to: Crow’s Nest Defense Fund, LLC, PO Box 102, Brooke, VA 22430.

Adelphia Cable's Channel 3 program "Making a Difference" will feature Save Crow's Nest. The half hour episode will premiere on Friday, April 14th at 6:30 pm. The program will be re-broadcast on Monday, April 17th at 5:00 pm; Tuesday, April 18th at 6:00 and 11:00 pm; and Thursday, April 20th at 10:30 pm. Be sure to watch! You can let Adelphia Channel 3 know what you think of the program by emailing channel3news@adelphia.net.

On March 12, Stafford Supervisor Mark Dudenhefer (R-Garrisonville) welcomed those attending a Crow’s Nest informational meeting at the Porter Library in his district. Mr. Dudenhefer fielded questions from the audience and presented a generally optimistic assessment of the campaign to save Crow’s Nest. He said the Board was engaged in behind-the-scene efforts to finally protect Crow’s Nest once and for all, noting that these efforts would be public in the next couple of months. He also pointed out that an independent real estate appraiser retained by the County valued the Crow’s Nest property at $27 million, a figure far below what the property owners have claimed it is worth.
The meeting also featured Jim Hazzard President of the Crow’s Nest Defense Fund, as well as volunteers from “Save Crow’s Nest,” Ranjit Singh, Antoinette Franke, and Cecelia Kirkman.

Court to Hear Legal Challenge of Planning Commission
On March 20th the Stafford Circuit Court will hear a legal challenge by Stafford Lakes LP (a.k.a. K&M Properties) to the Planning Commission's decision to deny the proposal to develop Crow's Nest. At the hearing, attorney David Bailey will represent citizens whose properties would be adversely affected by improper development on Crow's Nest. Read the Fredericksburg Free-Lance Star news story on the developer's legal action.

The Crow's Nest Defense Fund, LLC retained Attorney David Bailey to assist with their efforts to protect the natural and cultural resources on the Crow's Nest peninsula. The Defense Fund is a non-profit organization, and needs your financial support to continue this critical legal effort. Please send tax-deductible contributions to: Crow’s Nest Defense Fund, LLC, PO Box 102, Brooke, VA 22430.

Board of Supervisors to Hold Public Hearing on Drainfield Ordinance
On March 21st, the Board of Supervisors will hold a public hearing on an ordinance to change the timing of the requirement for subdivision plans to obtain certification that proposed on-site sewage disposal systems are viable. This legislation is one of the items currently being tracked as part of the Save Crow's Nest report card. Read more.

Supporters of Crow’s Nest have won a significant victory. By a unanimous 7-0 vote, the Stafford County Planning Commission rejected the proposed development plan for Crow’s Nest at its January 25 meeting. The plan, submitted by Crow’s Nest property owner, Stafford Lakes LP (a.k.a. K&M Properties), proposed to build 688 houses on the rugged terrain of the environmentally sensitive peninsula. The Commission rejected the idea, citing numerous examples of where the plan did not comply with County regulations. The vote was consistent with the recommendation of the County Planning staff which, earlier in the day, reversed its original recommendation and, upon closer study of the plan, recommended rejection of the application.

The vote was the culmination of a year-long effort by citizens who have insisted that the proposed plan to develop Crow’s Nest did not comply with County and State regulations. Citizens also argued that the plan would be an environmental disaster that would destroy a unique regional natural resource, and would end up costing taxpayers tens of millions of dollars in subsidies to developers. During a public comment period at the beginning of the Planning Commission meeting, representatives from “Save Crow’s Nest,” the Crow’s Nest Defense Fund, the Northern Virginia Conservation Trust, and Attorney David Bailey summarized the many problems with the proposed development plan. Bailey represents local residents who had appealed the Planning Director’s original certification of the Crow’s Nest plan as meeting all applicable County codes.

Despite the unanimous rejection of the plan, the developers have initiated a legal challenge to the Planning Commission decision. Assuming litigation fails, the owner’s could then re-start the entire process by submitting a new plan. Our hope is, however, that with the prospects of development diminishing, a deal to preserve the peninsula could be in place before that happens.

Judge issues precedent setting ruling in Crow's Nest suit; empowers Planning Commission to consider zoning issues

On January 10, Judge Harrison Braxton of the Stafford County Circuit Court issued his ruling on a suit filed by Stafford Lakes LP, the owners of Crow's Nest. Judge Braxton granted the developers' request to prohibit the Stafford County Board of Zoning Appeals from hearing an appeal regarding the compliance of the Crow's Nest development plan with the zoning ordinance.

More importantly, in an unexpected victory for the efforts to protect the natural resources on the peninsula, the judge concluded that the Planning Commission has the authority to determine the compliance of the plan with the zoning ordinance. The judge also found that it is the "duty" of the County Attorney to advise the Planning Commission about the "adequacy" (compliance) of the plan. Finally, the judge stated that the time spent in litigation does not count towards the 60-day time period in which the Planning Commission must act on the plan.

What does all this mean? It will take some time to fully understand the ruling, but it appears that this means that the Planning Commission should consider zoning ordinances when reviewing a plan; that the County Attorney has a new role in determining compliance; and that the Planning Commission will have until early March to make a decision about the Crow's Nest plan. The judge only addressed procedural issues. His ruling did not evaluate the content of the plan.

The developers' suit was in response to an appeal to the Stafford County Board of Zoning Appeals filed by Attorney David Bailey. That action appealed the Planning Director's decision that the Crow's Nest plan is in compliance with Stafford County's zoning ordinance. (Read the appeal, the developers' lawsuit, and Attorney Bailey's response to it.) The parties in the suit have 30 days to file a notice of intent to appeal to the Virginia Supreme Court.

New Board Meets, Save Crow’s Nest Unveils Report Card
The newly constituted Board of Supervisors met for the first time on January 3, 2006. Representatives from Save Crow’s Nest spoke to welcome the new Board and to alert them to the new Crow’s Nest "Report Card" that will summarize the status of legislation related to Crow’s Nest and record the votes by the Supervisors.

“Save Crow’s Nest” volunteers, Mariel Berrios-Riebe, Helen Stone, and Janette Mason enjoy a lighter moment after the Board of Supervisor meeting where they announced the start of the Crow’s Nest “Report Card,” featuring blue herons (for votes that protect Crow’s Nest) and bulldozers (for votes that facilitate development).

Court Rejects Developer's Crow's Nest Appeal
On Thursday, December 29^th, the Virginia State Supreme Court refused to hear an appeal by Stafford Lakes LP (a.k.a. K &M Properties) which, if successful, could have allowed more than double the housing units on Crow’s Nest permitted under the current A-2 zoning of 1 house per acre. (This appeal was initiated by the developer in 2004.) Instead, the Court’s action confirms that the current zoning is the maximum allowable density on the property. Since many fewer units of housing can be built than Stafford Lakes was contending, this ruling substantially limits the potential profit in developing Crow’s Nest.

On December 15, 2005, Stafford Lakes LP (also known as K&M Properties), filed suit in Stafford County Circuit Court. The suit seeks immediate injunctive relief against the stay (so that action on the plan will move forward), and a dismissal of the appeal filed with the Board of Zoning Appeals. The case will be heard by Judge Braxton on January 6, 2006. Unless the judge rules otherwise, no further action will be taken on the Crow's Nest plan until the Board of Zoning Appeals rules on the appeal.

On December 14, 2005, Daniel Schardein, Stafford County Director of Code Administration, notified the Deputy Zoning Administrator and interested parties that the appeal filed by Attorney David Bailey is to be forwarded to the Board of Zoning Appeals, and all action regarding the plan is to be stayed (view his memo). The appeal is scheduled to be heard by the Board of Zoning Appeals on February 28, 2006.

Crow's Nest Plan in Legal Limbo; Citizens Point Out Many Flaws
The Stafford County Planning Commission recessed on December 7, 2005 without hearing the plan to develop Crow’s Nest. The plan is in legal limbo after an appeal was filed by an attorney retained by the Crow's Nest Defense Fund, LLC.

During a 45-minute public hearing, citizens opposed the plan for its non-compliance with zoning regulations and for its negative impact on the community. (Read details.)

WEDNESDAY, DECEMBER 7, 2005: A CROW’S NEST DOUBLE-HEADER
Two important hearings related to Crow’s Nest will take place on Wednesday, December 7 at the Stafford County Administration Building. We invite you to attend or contact your public officials to show your support for saving Crow’s Nest.

1. Plan to Develop Crow’s Nest Advances to Planning Commission (See editorial from the Free Lance-Star)
     Wednesday, December 7th, @ 7:30 pm.
     Board of Supervisors’ Chambers, Stafford County Administration Building.
     The preliminary plan to develop the Crow’s Nest peninsula is on the Planning Commission’s agenda for Wednesday, December 7. (The Planning Commission is the body that reviews and decides whether or not to approve plans for new developments.)
     We understand that a 45 minute period will be set aside towards the beginning of the meeting to accommodate public comments on the plan. Individual comments will be limited to 2 minutes. Learn more about the plan and view talking points for the Planning Commission.
     Crow’s Nest is the last item on the agenda for the evening. The agenda is very long and, since the meeting typically recesses at 11:15, it is not clear if the Crow’s Nest plan will actually be heard that night. If the Planning Commission does not finish the agenda, the remaining items, including the Crow’s Nest plan, will get bumped to a Planning Commission meeting on December 21.
     If you would like to express your opposition to the planned development of Crow’s Nest, you can contact Planning Commission members (see addresses below) or attend Wednesday’s meeting.

2. Public Hearing on New Road to Crow’s Nest (See newspaper story on this)
     Wednesday, December 7th, @ 6:00 pm.
     Board of Supervisors’ Chambers, Stafford County Administration Building.
     A public hearing on the first phase of a new road to Crow’s Nest will also be held this Wednesday, December 7th. At that hearing, the elected leaders from Spotsylvania, Fredericksburg and Stafford will vote on funding for the “Route 630/Courthouse Rd” project (view a map of the project).
     This project, which will cost over $5 million, is the first phase of an $18.2 million dollar road project to widen Courthouse Rd, replace a CSX (railroad) bridge, and build a new road from Courthouse Rd to Brooke Rd that will dead-end right in front of Crow's Nest and property owned by Stafford Lakes LP (also known as K&M Properties). This road will facilitate development of the peninsula and nearby properties.
     The stated purpose of the project is to “improve ridership” on VRE by improving the road to the Brooke VRE station. However, VRE is already operating at above capacity (view Brooke Station parking lot counts).
     According to VDOT, this section of Courthouse Rd has less than 3,500 vehicle trips per day (view the VDOT traffic counts), and has on average less than three traffic accidents per year. In a five year period, there were only 14 accidents, none of them fatal and only six led to injuries of any kind (view the VDOT accident report).
     If you think scarce taxpayer dollars should go to improving traffic congestion and road safety in areas like the Falmouth intersection, Plank Rd/Route 3, the Massaponax exit, Route 610/Garrisonville Rd or Fall Hill Ave, instead of building roads for developers, now is the time to speak out.
     Please plan on attending the public hearing! And be sure to contact elected leaders that will be voting on this project:

Spotsylvania
Bob Hagan: bobhagan@spotsylvania.va.us
Hap Connors: hapconnors@aol.com; hconnors@spotsylvania.va.us

Stafford Incumbents Swept from Office
The voters spoke out clearly in the November 8^th election as all four incumbents for the Stafford County Board of Supervisors were defeated. The Board’s lack of decisive action in controlling growth and preserving the County’s remaining natural resources left many Stafford voters ready for change, regardless of party affiliation. Citizens had enough of runaway growth, higher taxes, traffic congestion, and the destruction of the region’s rural character.
Three of the four newly-elected Supervisors have made a commitment to the preservation of Crow’s Nest.

“Save Crow’s Nest” congratulates the winners and looks forward to working with the new Board of Supervisors in finally moving forward with the preservation of the entire Crow’s Nest peninsula.
The remaining three members of the Board are up for re-election in 2007.

Did the person who wants to represent you make his or her position clear? If not, ask them about it. (Find out your district.) Democracy can only work if voters have real information on which to make a judgment. Citizens have a right to know where the candidates stand on the important issue of preserving Crow’s Nest.