A Few Examples of Our Many Successes

Pawleys Island, SC: Residents of Pawleys Island, SC were concerned about a proposed gas station and convenience store that posed a threat to their health and to the quality of a tidal, Atlantic Ocean tributary. CEDS was in the process of helping the residents present their reasons why the gas station should not be approved or the approval should be limited to a convenience store with no gas pumps. However, the application was withdrawn before a hearing took place. For further detail see the article at: https://coastalobserver.com/royal-farms-pulls-contract-for-gas-station-site-in-litchfield/

Sarasota, FL: On July 12th the Sarasota, Florida Board of County Commissioners voted unanimously to deny the zoning change needed to build a gas station in a densely populated residential area. This success was won by the Clark & Proctor Healthy Neighborhoods Alliance. CEDS began assisting the Alliance in January. The Alliance and a sister organization, the Sandhill Preserve Healthy Neighborhoods Alliance, convinced 1,730 Sarasota residents to sign a petition opposing the rezoning and another approval required for a second gas station.  These signatures were gathered in an unusually short period, attesting to the deep concern Sarasota residents felt about the two gas stations.

Sumner, WA: An application for a 7-Eleven gas station proposed for Sumner, Washington has just been withdrawn. Area residents learned a 7-11 gas station was proposed near their homes in November, 2011. They engaged CEDS shortly thereafter to assist in formulating, then carrying out, a strategy to defeat the poorly-planned gas station. CEDS helped the residents form the  Sumner Healthy Neighborhoods Alliance and a webpage documenting the adverse effects of poorly-planned gas stations and the need to require a minimum 500-foot public health protection zone for all new gas stations, including the 7-Eleven. CEDS also created an online petition which was signed by nearly 200 people living throughout Sumner. These actions set the stage for Alliance leaders to lobby the Sumner City Council to require the 500-foot gas station health safety zone, using the proposed 7-Eleven to demonstrate the need. It appears that all of the attention focused on the project by Alliance leaders prompted the 7-Eleven applicant to withdraw their Conditional Use Permit request.  Alliance leaders are now awaiting a City Council vote in a few weeks on enacting the 500-foot health safety zone. For further information contact Alliance chair Rachel Oberg at (707) 330-2250 or  rachelvanscoy7@gmail.com.

Castle Rock, CO: Residents of Castle Rock, Colorado engaged CEDS in September, 2021 to help protect their neighborhood from a proposed Kum & Go gas station and convenience. They formed the Castle Rock Healthy Neighborhoods Alliance. After gathering more than 400 signatures on a petition and nine long months the gas station-convenience store application was withdrawn. For further information visit: https://ceds.org/2022/06/13/castlerock/

Carmel, IN: The Carmel Healthy Neighborhoods Alliance won a 18-month battle to convince their Indiana city to enact a 500-foot public health safety zone between new gas stations and homes, schools and senior care facilities.  When we started this effort in October 2020, everyone told Alliance founder and leader Jackie Phillips that the City would never adopt this essential safeguard.  Thanks to her skills as a leader, her success in mobilizing citywide support, and Jackie’s efforts to educate City decision-makers this long struggle is now over.  By the way, the proposed gas station which started this effort has been nixed by the new law and other actions taken by the Carmel City Council.  For further detail visit: https://ceds.org/2021/12/13/carmel-healthy-neighborhoods-alliance-wins-gas-station-battle/

Aurora, IL: In April the Marywood Healthy Neighborhoods Alliance, convinced the Aurora City Council to deny approval of a Circle K gas station by a vote of 8 to 5.  If it weren’t for the leadership of Alderman Emmanuel Llamas, this victory would not have been possible. So please take a moment to thank Alderman Llamas via email: ellamas@aurora-il.org or with a call: 630-272-4225.  For further detail visit: Aurora IL residents protected from gas station health impacts.

Apple Mountain, VA: On February 10^th, the residents of Apple Mountain convinced the Warren County, VA Board of Supervisors to deny approval for the rezoning of agricultural land for a gas station that would have potentially posed a number of threats to area residents.  Apple Mountain Safety and Health Alliance leader Margaret Melberg cited the actions listed at the following post as key to their success: Apple Mountain Residents Win Gas Station Battle.  

Fresno, CA: Since July, 2020, CEDS has been helping residents of the Fresno, California Copper River community with concerns about the proliferation of proposed convenience stores selling carry-out alcoholic beverages.  We assisted the residents in forming the Fresno Healthy Neighborhoods Alliance.   Early on we worked with areas residents who had a medical background in researching the effects of liquor stores on crime and health.  The result of this research was the following compilation of studies: https://ceds.org/wp-content/uploads/2020/09/Crime-Alcohol-Studies.pdf

After discussion their concerns with the Fresno City Council, our clients learned that consideration was being given to a Responsible Neighborhood Market Act which would guide new liquor stores to locations where impacts would be lessened.

On October 15th, the Fresno City Council passed the Responsible Neighborhood Market Act by a 6-1 vote.  This victory was made possible by the hundreds of Fresno residents who signed the petition and those who wrote Councilmembers or testified. 

We believe the new law will halt the proliferation of liquor stores in Fresno.  This may also stymie efforts to saturate the same area with new gas stations.  Both results preserve public health and safety. 

For further information visit the CEDS Crime & Alcohol Outlets webpage.

San Antonio, TX:  In January the San Antonio Healthy Neighborhoods Alliance won a recommendation from the City Zoning Commission to deny approval for a proposed gas station-convenience store.  The applicant then withdrew their proposal.  For further details visit: San Antonio TX Neighborhood Protected from Gas Station Impact.

Navarre, FL: On December 12th, the Santa Rosa County Commissioners voted unanimously to enforce a law requiring a 500-foot safety zone between homes and new gas stations. This safety zone protects the public from gas station fire and explosion danger as well as reducing the adverse health effects of the chemicals released from gas station fuel storage tanks and at the pump.  For further detail go to: https://ceds.org/2019/12/15/gas-station-500-foot-safety-zone-law-upheld/.

New Braunfels, TX: A gas station-convenience store was proposed on the edge of a residential community. Nearby homeowners were concerned about: health effects, light trespass, flooding, and property value decline. CEDS helped the residents to implement a strategy to convince the City Council to deny the Special Use Permit the applicant needed. Our Initial Strategy Analysis can be viewed at: http://ceds.org/strategy/ISA-NewBraunfelsTX.pdf. Our comments letter, which was a key factor in the City Council decision to deny approval, is posted at: http://ceds.org/strategy/CEDS-GoodwinMarketLetter.pdf

Citrus Heights, CA: Our clients reported that “After intense objections by many residents, the planning department decided they would require a full environmental review for the project, after which the applicant removed his application. It appears the gas station proposal has been changed to a retail with a drive thru coffee shop. Looks like a win for us, but watching very closely for any changes.”

Casey’s, IA: Regarding the proposed gas station-convenience store our client reported “The request was dropped primarily because of the traffic problems. Your information was valuable and, coupled with an assist from traffic control at City Hall, the matter was dismissed without hearing.”

Naples, FL: Our clients reported that “As it stands right now, RaceTrac has chosen an alternate site approximately 1/8 mile away. They have an approved site development plan for this new location and the rumor is that they will break ground in March. However, I won’t truly rest easy until they open the doors as they still own the land next to our neighborhood. For your reference, our success was a result of our willingness to educate ourselves on the code and leverage it to our advantage. If you recall, RaceTrac required a distance waiver triggered by the adjacent 7-eleven. This waiver required approval by our county commissioners. As a community, we worked tirelessly to educate our officials about why this project did not comply with the criteria required to grant the waiver and obviously, they agreed with us. The project was never heard by our commission as RaceTrac knew they didn’t have the votes. While we did retain an attorney, in this case it was absolutely unnecessary and ended up being a very poor use of our financial resources.”

Ellicott City, MD: A CEDS strategy resulted in the local Board of Appeals denying a conditional use permit in a long time. The permit was needed to locate a gas station on a site which would have impacted traffic safety, a sensitive stream, and historic resources.

Golf Courses

Heath, Ohio: Golf course and neighborhood walking trails partially preserved & enhanced. For further detail see: https://ceds.org/2023/05/20/heath-ohio-golf-course-partially-preserved-neighborhood-walking-trails-enhanced/

Smyrna, DE Golf Course Preserved: Those living next to a large golf course were concerned about a proposal to build housing units throughout the fairways, greens and tees. A primary concern was the impact of golf course development on Garrisons Lake along with traffic and viewshed impacts. A 2003 CEDS analysis and strategy were key factors in convincing Kent County, DE officials to deny approval for the housing project. After 15 years the course continues to exist today.

Wilmington NC Golf Course Redevelopment: Wilmington, NC residents were concerned about development of the golf course their homes overlooked. With CEDS assistance the residents mobilized the public support needed to convince local officials to purchase, then preserve, the portion of the course most important to the residents.

Tulsa OK Golf Course Redevelopment: Those owning homes next to a Tulsa, OK golf course have been pursuing a CEDS strategy to prevent redevelopment. Thus far the strategy and developer financial difficulties have preserved the course. Our clients have put measures in place to implement additional phases of our strategy should redevelopment begin moving forward again.

Martha’s Vineyard Cove Protected: The Vineyard Conservation Society was troubled by a golf course proposed for a cove on Martha’s Vineyard. The Society retained CEDS to evaluate the impact to the Cove. We found that fertilizer and pesticide losses would be sufficiently high to threaten the highly sensitive cove. Testimony by CEDS and others, along with great organizing by the Society, prompted the Martha’s Vineyard Commission to deny approval for the golf course. For further detail see: Effects of Meeting House Golf Club upon Edgartown Great Pond.

Hawaiian Golf Course Impact Reduction: CEDS was retained by the Hawaii Office of State Planning to assist the Kaneohe Bay Task Force and Hawaii’s Thousand Friends in evaluating the potential impact of three proposed golf courses. All three courses were located in the watershed of Kaneohe Bay. Our report proposed a number of steps for minimizing the impact of the courses upon the highly sensitive ecosystem of the Bay. Unfortunately the developers of the three courses did not follow the recommendations and proceeded with the projects despite significant, unresolved social and environmental concerns. All three courses were rejected by the Honolulu City-County Council.

Highways

Charlottesville, VA: An expansion of U.S. Route 29 threatened the major water supply reservoir serving Charlottesville. A CEDS critique of the Environmental Impact Statement was instrumental in winning a route change which safeguarded the reservoir. Our analysis can be viewed at: http://ceds.org/pdfdocs/Highways.PDF.

Bushnell, IL: In 2006, CEDS helped area residents with concerns regarding a proposed to construct Route 336 through their farms. This assistance succeeded in bumping the preferred route away from our clients’ farms.

Howard County, MD: An eight-mile section of Route 32 was proposed for widening from two-lanes to four. The tremendous increase in traffic volume would have caused a number of negative effects to the residential communities within the corridor. Thanks in part to CEDS assistance, corridor residents succeeded in preventing the widening. The CEDS strategy for this campaign can be viewed at: http://ceds.org/pdfdocs/Strategy.PDF

Kennels

Valley County, ID: A dog kennel was proposed for a rural, agricultural area. The principal concern was noise from many dogs kept outside for up to eight hours a day. The proposed outside area was only a couple of hundred feet from neighboring properties. Fortunately, the Valley County Land Use & Development Regulations prohibited commercial operations, like a dog kennel, from causing noise to exceed 60 decibels at a property line. CEDS assisted the residents in engaging a professional noise analysis firm which documented that the dog barking could cause noise levels of 88- to 99-decibels at the property line. For context, 60 decibels is slightly below normal conversation levels while 88- to 99-decibels is equivalent to the noise from a power lawn mower or a motorcycle. This and other evidence prompted the Valley County Planning & Zoning Commission to deny approval for the kennel.

Landfills, Transfer Stations, Recycling, MRFs & Other Waste Facilities

Tennessee Landfill Defeated: On April 10th the Marshall/Maury Municipal Solid Waste Planning Region Board denied approval of a 370-acre municipal and demolition debris landfill proposed three miles from Columbia, Tennessee. The landfill would have been within 300 feet of the Duck River, which supports one of the most diverse populations of mussels and other sensitive species in the U.S. CEDS was retained by those concerned about impacts to the Duck River as well as potential health, property value and quality of life impacts to the nearly 3,000 households within three-miles. For further detail see the CEDS comments posted at: https://app.box.com/s/yer52qg9lm19lm7l5dowt5j3ciectnd2.

Georgia Megalandfill DEFEATED: On March 1st the Haralson County Commissioners voted 5-0 to DENY approval for what would have become the largest landfill in Georgia.  CEDS assisted the Haralson County Alliance for Responsible Waste Management in mobilizing support amount an incredible 15% of all Georgians registered to vote in the County.  CEDS also assisted the Alliance in securing the services of the law firm which has won more landfill battles in Georgia then any other.  CEDS also prepared a 44-page analysis of adverse effects should the megalandfill be approved.  Impacts identified by CEDS were:

• The megalandfill will cause homeowners within at least two miles to lose up to 13% of their property value,
• Megalandfill odors may occasionally force those living up to three miles away to keep their windows closed,
• Those living within two miles may suffer a slight, but significant increase in low-birth weight, cancer and other adverse health effects,
• The megalandfill will eventually reach an elevation of 1400-feet becoming the fourth highest point in Haralson County,
• Clearing 1500-acres (2 sq miles) of forest around the megalandfill will make it far more visible throughout southwestern Haralson County,
• The megalandfill is near the County’s I-20/GA100 industrial park area and could make it difficult to attract more high-paying employers like Honda Precision Parts,
• The megalandfill would also make it more difficult to shift Haralson waste management from burying trash to turning it into jobs through recycling, reuse, composting, etc.
• Massive soil erosion from clearing nearly 1,500 acres of forest and then burying 24 million tons of trash over 300-acres would:
  • Cause numerous area residents to forever question the quality of their well water,
  • Destroy extensive wildlife habitat, and
  • Degrade some of the highest quality and most sensitive Haralson streams.

It was the combined effect of such widespread voter concern and the documentation of adverse effects plus helping the County Commissioners understand their rights under the law that produced this victory.

For further detail see: Georgia Megalandfill Defeated.

Flawed Recycling-Material Recovery Facility (MRF) Defeated:  With assistance from CEDS Florida residents recently defeated a flawed recycling or Material Recovery Facility (MRF) that threatened to harm their homes due to excessive noise, dust, odors and loss of property value. While recycling and MRFs can provide many benefits, they are essentially intense industrial operations posing potentially severe harm to those living nearby.

CEDS assisted area residents in researching the effects of existing recycling facilities similar to that proposed near their homes. Our clients visited these facilities and spoke with those living or working nearby. They found that the similar facilities caused excessive harm when located within 600 feet of a home. This research was combined with other information gathered by CEDS and compiled into our Initial Strategy Analysis. We then drafted the following testimony for our clients to present before the local Planning & Zoning Board. This testimony convinced the Board to recommend denial by a vote of 6 to 1 .

Our clients wrote the following…

Thank you so much Richard. I printed them [our testimony] out and peter will be reading that. No matter what happens tonight I just want to sincerely thank you for your help and support every step of the way it’s really incredible what you did for us!

Texas Zero Waste Strategy: Those living near a proposed landfill site in Texas asked CEDS to carry out an Initial Strategy Analysis of options to safeguard their community. Most efforts to stop landfills rely solely on legal action to block permits, and opposition only come from nearby residents. This approach fails because landfill decisions are political and once local elected officials decide on a site it’s rare that permits are denied. And the site selected is invariably the one likely to generate the least opposition. Most successes in resolving proposed landfill impacts occur in a political arena. Because of this CEDS urged a strategy to mobilize widespread public support for eliminating the need for a new landfill by: 1) adopting a Zero Waste plan similar to that of Austin, TX, and 2) hauling waste to existing landfills until the goal of zero waste was achieved. This strategy would make it possible to generate opposition to the landfill from those living throughout the city proposing the landfill; not just nearby residents. It’s also far easier to mobilize public support for a positive approach to eliminating the need for landfills than sticking the dump in someone else’s backyard.

Landfill Special Exception Denied: This case was a typical example where a political strategy combined with legal action defeated a very poorly designed landfill. Aquasco, MD residents had learned that a 150-acre construction & demolition landfill was proposed for their area. They were deeply concerned about increased truck traffic, noise, odors, air and water pollution, property value loss and impacts to a historic African-American church. CEDS documented that all these impacts would occur. The evidence presented in support of each impact prompted the local decision-making body to deny a special exception for the landfill. For further detail see: Status of Potential Issues & Strategy Options Brownville Rubble Landfill.

Transfer Station Defeated: A solid waste transfer station was proposed for a site east of Washington, D.C. The site abutted several existing waste facilities, making it a logical place to put a transfer station. A CEDS analysis showed that the transfer station (as proposed) would have exacerbated health and other impacts caused by the existing waste facilities. This technical analysis was combined with a CEDS political strategy that nixed the transfer station. The CEDS analysis and strategy can be viewed in the PowerPoint posted at: http://ceds.org/pdfdocs/WesternRunTransferStationFullPresentation.pdf

Mining

Waldorf, MD Mining Halved: The Saint Peters Home Owners Association was concerned about a large mining operation proposed for a site adjoining their community. Their specific concerns included well impacts, increased truck traffic, noise, dust, and pollution of a highly regarded wetland adjoining the site. With assistance from CEDS the Association won a decision from the County Board of Appeals that cut the proposed mining operation in half, thus greatly reducing the potential impact upon nearby residents and the environment.

Lake Merkel, SC Preserved: Berkeley County, SC residents and the Audubon Society were concerned about potential impacts of a 118-acre mining proposal to two highly sensitive areas: Lake Merkel and Four Holes Swamp. Residents were also concerned about truck traffic, noise, dust and visual impacts. A CEDS analysis identified Equitable Solutions for all of these concerns. The solutions were presented in the CEDS letter posted at: https://ceds.org/wp-content/uploads/2020/12/EquitableSolutionsLetterAnon.pdf. The applicant agreed to implement the solutions voluntarily. A number of the solutions were incorporated into the South Carolina mining permit.

Globally Rare Wetland Saved: Wade’s Savanna is one of seven Central Coastal Plain Basin Swamps in the world. A mining company had proposed excavating a 70-foot deep pit covering 140-acres next to Wade’s Savanna. The resulting extraction of sand and gravel would have dewatered (and killed) Wade’s Savanna. After partial execution of a strategy developed by CEDS the applicant became convinced that they stood little chance of getting mining permits. They then sold the site below market value to a preservation organization. For further detail see: Protecting Wades Savanna, Nearby Residents & the Marshyhope Scout Camp from Mining Impacts.

Neighborhood Street Safety

Texas Cul De Sac Street Preserved: The developer of a massive 1700-unit Fort Worth housing project proposed using Clark Road – a narrow, neighborhood cul de sac street – as a second access point. Had this proposal been approved traffic volume on Clark Road could have gone from a few hundreds cars a day to more than 37,000!

The cul de sac residents were preparing for a Plan Commission hearing when they retained CEDS. Our Initial Strategy Analysis research showed two key factors:

• • The developer had other options for access, and
  • The Plan Commission had a history of denying approval for similar projects.

These two factors prompted us to urge the cul de sac residents to testify at the hearing using a letter drafted by CEDS. But rather than calling for denial we recommended that our clients ask the Commission to:

• • Require the developer to use an alternate access,
  • Require an emergency-services only gate, and to
  • Continue the hearing so the residents could work with the developer to find a mutually satisfactory solution.

This testimony prompted the Plan Commission to grant the continuance and sent strong signals to the developer that he needed to find a way to resolve cul de sac resident concerns. The developer then submitted a revised plan showing NO connection to Clark Road!  A clean victory for Clark Road residents and CEDS.  A Thank You note from our clients follows.

Through-Traffic Nixed: Southfork Court is a quiet, dead-end street with 14 townhomes. The Court is more then a place where residents park their cars. Children play in the Court. An annual picnic and other gatherings are held on the Court. But all this would’ve changed with plans to extend the Court into a through-road to serve a proposed development project. This action would have increased traffic on the Court by 800%. County policy required a second means of emergency vehicle access into the proposed development. An extension of Southfork Court was the only way of meeting this requirement. CEDS research of past decisions revealed an equitable solution. After extensive negotiations with the applicant and County officials, they agreed to extend the Court and place a gate across it which only emergency personnel could open. This solution provided the second means of emergency access without any increase in normal traffic volume, thus preserving the tranquility of Southfork Court. For further detail see: Preventing Cul-De-Sac Streets from Becoming Through Roads.

Rural Road Impact Nixed: Butler residents learned that a developer wished to funnel traffic from a large housing project onto a narrow, twisting road which wound through their valley. To create the new intersection the developer needed to remove a hump in the road which caused an unsafe sight-distance condition. CEDS research uncovered the fact that one of the Butler residents owned the portion of the road where the hump was located. Thus the developer would need the resident’s permission to proceed. Permission was, of course, denied and the applicant found another way to access their site, but from a much safer road.

Student Housing, Parking & Traffic: Our clients wrote” Remember us in Amherst, MA? You helped my neighborhood group of seniors abutting a proposed student dorm development get a MA traffic engineer to do a peer review. There were no project ending bombshells with that, but the engineer did dig up a Level of Service F—over capacity and high level of rear end collisions—that developer’s traffic guy omitted or buried in the footnotes. We also think hiring an engineer showed our ZBA the seriousness of our opposition to having this dense student housing at our doorstep that will bring all kinds of mayhem and traffic to our neighborhood. So where are we now? Amazingly, following many of your CEDS guidelines, we’ve gotten a lot of concessions from the tough developer who’s been trying to “prove” this is multi-family not student housing.”

Pipelines

Rockies Express Pipeline Bumped: CEDS assisted Indiana residents with concerns about the proposed Rockies Express pipeline.  We succeeded in convincing the applicant to move the pipeline alignment a half-mile north of our clients’ homes.  Since this success CEDS attempted to achieve this same goal with respect to a gas pipeline proposed for our home state.  This attempt failed.  Because of federal preemption and other factors, pipelines are among the most difficult major facilities when it comes to winning impact reduction changes.

Rezoning

La Quinta, CA: For more than a year, La Quinta, California residents have been fighting a massive, 16.7 acre surfing pool, a 150 room hotel and 600 short term rentals, that would have consumed almost 400 million gallons of water annually. That fight ended on Sept 22, 2022 when the La Quinta City Council denied approval for the project. For further detail visit: https://ceds.org/2022/09/23/water-park-defeated-in-drought-stricken-california/

Sarasota, FL: On July 12th the Sarasota, Florida Board of County Commissioners voted unanimously to deny the zoning change needed to build a gas station in a densely populated residential area. This success was won by the Clark & Proctor Healthy Neighborhoods Alliance. CEDS began assisting the Alliance in January. The Alliance and a sister organization, the Sandhill Preserve Healthy Neighborhoods Alliance, convinced 1,730 Sarasota residents to sign a petition opposing the rezoning and another approval required for a second gas station.  These signatures were gathered in an unusually short period, attesting to the deep concern Sarasota residents felt about the two gas stations.

Phoenix, AZ: Since February, 2022, CEDS has been assisting Save Our Sonoran Preserve with an effort to prevent a massive development from harming the 9600-acre Preserve in north Phoenix, Arizona. That battle culminated on July 1st, when the Phoenix City Council approved changes to the Desert Character Overlay District. However, Save Our Sonoran Preserve won several key concessions:

• The number of housing units were reduced from 1460 to 1250.
• Homes on the eastern and northern border (adjacent to the Preserve boundary) were limited to a single story to protect the views when of Preserve hikers and other visitors
• The buffer along the eastern border was doubled from 25 feet to 50 feet.
• Walls facing the Preserve were changed to a barrier style view-fencing to allow openings for regular passage of wildlife and reduced in height from 6 to 5 feet.
• A total of 16 acres were donated to the Preserve.

Previously, the City had required the developer to contribute $12 – 16 million toward Sonoran Desert Drive improvements to accommodate the substantial increase in traffic volume due to their home development.

Thanks to the nearly 2,000 area residents who signed the petition, Councilman Waring has become more supportive of our efforts which we are immensely grateful for. Save Our Sonoran Preserve chair Gary Kirkilas will be asking Councilman Waring to serve in an advisory capacity for the Sonoran Desert Drive build out. Among the measures we’ll be pushing for are 1.) safer bike lanes, such as those either physically separated from traffic flow or a double white line for extra space from vehicles 2.) Traffic slowing measures like round-a-bouts, speed bumps or slower speed limits.

Urbana, MD: A rezoning application for a large, mixed-use development in Urbana, Maryland was just withdrawn thanks to the efforts of those living in the adjoining Woodlands community. The mixed-use project would have consisted of number of commercial and residential uses. Several dozen Woodlands homes overlook the 35-acre site which consists of fields and forests. These homeowners had paid a significant premium for this view. Had the rezoning been granted the trees and grassland would have been replaced with self-storage facilities, offices, multifamily housing, and other uses. With the existing zoning only 18 uses were allowed while the rezoning sought by the applicant allowed 85. With rezoning, traffic volume from the site would more than double. The residents engaged CEDS to assist in forming then carrying out a strategy to protect their community. CEDS prepared a PowerPoint presentation contrasting the development allowed with existing and proposed zoning. The presentation also suggested a number of Equitable Solutions to reduce impacts if rezoning were granted. CEDS recommended an attorney from our Good Attorneys network to draft a letter to the applicant urging them to make the changes recommended by CEDS that would minimize adverse effects. The residents then reached out to County Council members urging them to either require the impact reduction measures or deny the rezoning application. These actions apparently prompted the applicant to withdraw the rezoning request. We presume the withdraw was in response to the Council signaling that they were inclined to deny rezoning.

Reno, NV: The Washoe County Planning Commission just voted to deny the rezoning needed for a massive rural sprawl project northwest of Reno, NV.  CEDS assisted efforts of  2,000 area residents to preserve their quality of life from this poorly planned project.  To learn more read the article at: Reno, NV: Poorly Planned Massive Development Defeated.

Trappe, MD: The thousand-acre Trappe East site was annexed and rezoned into the Town of Trappe, on Maryland’s Eastern Shore, in 2005. The applicant proposed developing the site with 2500 housing units. Had the project proceeded it would have increased the population of Trappe by more than five-fold. Thanks in part to a CEDS strategy the site remains farm fields and forests to this day.

Clearwater, FL: Our clients were concerned about a proposed annexation and rezoning which would have placed high-density housing next to their homes and impacted a sensitive lake. CEDS assistance has led to the applicant redrawing their plans to greatly reduce impacts.

Naples, FL: As with the Clearwater case, our clients were concerned about a proposed annexation and rezoning which would have placed high-density housing next to their homes. CEDS assistance has also led to the applicant redrawing their plans to greatly reduce impacts.

River, Lake & Wetland Preservation

Most Biodiverse U.S. River Saved: Tennessee’s 284-mile Duck River is the most biodiverse waterway in the U.S. based on a 2017 study.  Unfortunately, the river is also threatened by a number of issues, mostly due to increasing watershed development and diminishing dry-weather flows. The 1400 -housing unit development project, known as Columbia Bluffs, is the focus of the latest battle to save the Duck River. On July 6th river advocates won the first round when they convinced the Columbia Planning Commission to recommend that the City Council deny Columbia Bluffs annexation and upzoning. CEDS comments, at the following link, was among the factors prompting the denial: https://app.box.com/s/620cksyp2840ktzb1xrrpa5b82z67ika. For further information see https://ceds.org/2022/07/09/saving-most-biodiverse-u-s-river-first-round-won/ or contact Dr. Mark Seago at (931) 698-4574 or mseago@yahoo.com.

Globally Rare Wetland Saved: Wade’s Savanna is one of seven Central Coastal Plain Basin Swamps in the world. A mining company had proposed excavating a 70-foot deep pit covering 140-acres next to Wade’s Savanna. The resulting extraction of sand and gravel would have dewatered (and killed) Wade’s Savanna. After partial execution of a strategy developed by CEDS the applicant became convinced that they stood little chance of getting mining permits. They then sold the site below market value to a preservation organization. For further detail see: Protecting Wades Savanna, Nearby Residents & the Marshyhope Scout Camp from Mining Impacts.

Beaver Lake Protected: Residents of King County, Washington had watched the waters of Beaver Lake become increasing fouled with algae as area development increased. An analysis by CEDS documented that development was the cause and that the lake was near a critical threshold. If development increased further then the lake could reach a point where severe problems with odor, fish kills and loss of property value would occur. This finding prompted County officials to require a full environmental impact statement for a proposed development project.

Clean Water Law Compliance Improved 61%: CEDS organized a highly-successful effort to improve compliance with one of our most important Clean Water laws: construction site pollution. Construction sites are a leading cause of the turbidity damaging grass beds, fish eggs-larvae and a host other sensitive aquatic communities. One site can damage three miles of downstream waters for a century. In 2014, 69 volunteers from 15 organizations assessed compliance on 131 construction sites located in Baltimore City and the five surrounding counties. This first survey revealed that only 23% of the sites fully complied with Clean Water laws. As a result of the publicity generated by this first survey regulators and elected officials gained the public support needed to increase inspections. The 2015 survey documented a 61% improvement in compliance. 

Stormwater BMP Failures Halved: A CEDS 2011 study noted that half the stormwater ponds and other Anne Arundel County, MD Best Management Practices (BMPs) were failing. As a result thousands of pounds of pollutants were needlessly fouling Anne Arundel waters. This appalling failure rate was mostly due to the County having cut the stormwater BMP inspection-maintenance staff from six in 2001 to just one. The 50% failure was due to the lack of adequate inspections and maintenance for a decade. A 2012 joint lobbying effort by CEDS and the County’s river organizations succeeded in getting the six staff restored. A 2015 CEDS study noted that the BMP failure rate had been halved thanks to the restored inspection-maintenance capabilities.

$500,000 in Aquatic Resource Protection: A massive shopping center was proposed for a site at the head of a highly sensitive river. Area citizens treasured the river but were not necessarily opposed to the shopping center. However, they were very concerned about the thousands of gallons of contaminated runoff which would flow from the shopping center into the river. CEDS helped local activists demonstrate widespread community support for preserving the river and organized a legal team which convinced the applicant they were in for a long fight. The applicant then offered to put in some additional runoff pollution controls, costing about $100,000. We eventually got them to agree to what was really needed – $500,000 in aquatic resource protection measures.

Marina Expansion Scuttled: The owner of an existing marina on the Bohemia River sought to expand the number of boats and piers. Other Bohemia River waterfront property owners were deeply concerned about the impact of increased boating activity on shore erosion, fish, grass and shellfish beds. A thorough analysis by CEDS determined that the applicant’s plans showed waters to be much deeper than they actually were. In fact, the waters were so shallow that the state permitting agency denied approval for the expansion.

Solar Farms

Boulder, Colorado Enhanced Visual Buffering Won:  Neighbors to the east of a proposed solar farm were concerned that the panels might detract from their view of the Rocky Mountains to the west.  CEDS prepared the sight-lines below which showed that:

• a double row of densely growing evergreen trees could effectively screen the panels from being seen from the rear decks of the neighboring homes, and
• without interferring with the mountain view. 

This led to an agreement with the applicant to provide more substantial landscaping then originally proposed.  This commitment then resulted in our clients dropping their opposition to the solar farm.

Massive solar farm defeated in Florida: Stephanie Knighton and her Suwannee County, FL neighbors were deeply troubled by the massive, 466-acre solar farm that would’ve enclosed some homes on three sides. The panels and a substation were proposed very close to homes.  

After learning of the proposal, Stephanie and her neighbors retained CEDS.  We urged visiting several existing solar farms to see what it was like living near these facilities.

At one solar farm neighbors living 300-feet away spoke of occassional solar panel glare and a persistant noise you can hear on the following clip: https://wp.me/aaUd8q-1im.  Noise from a solar farm, like that heard in this clip, is very unusual. CEDS attempted repeatedly to contact the owner of this solar farm to learn why the noise was occuring and to get it corrected. Regrettably, the owner never responded.

Stephanie and her neighbors also found that trees and shrubs planted to screen solar farms from view were ineffective due to either poor planting or maintenance. 

CEDS identified a number of measures to reduce the potential negative effects of the solar farm. The applicant did submit a revised site plan that addressed some concerns.

However, area residents were troubled by the applicant’s proposal to only plant only two- to six-foot high shrubs-trees to screen the proposed 18-foot tall solar panels. This combined with the landscaping failure seen at existing solar farms and the inability to resolve the noise issue caused the neighbors to be skeptical. 

Stephanie and her neighbors testified about their concerns at a September 15th hearing before the Suwannee County County Commissioners. They were represented by a lawyer who is part of the CEDS Good Attorneys network and a planning expert. The Commissioners voted 4-1 to deny approval for the solar farm.

Pennsylvania solar farm rejected: Potter County residents were concerned about a solar farm proposed for a 413-acre site.  Due to site conditions, buffering the panels from the view of area residents was difficult.  The residents opted to oppose the project.  The Potter Township Supervisors denied a Conditional Use Permit for the project.

Transmission (power) Lines

Multistate transmission line defeated: The MAPP (Mid-Atlantic Power Pathway) was proposed to run 230 miles from Virginia to New Jersey. CEDS was hired initially by those owning large farms in Dorchester County, MD that would be impacted by the proposed 500 kilovolt transmission line. It also threatened the:

• then proposed Harriet Tubman Underground Railroad National Monument and National Historical Park,
• Blackwater National Wildlife Refuge, and
• the Chesapeake Bay.

CEDS prepared an analysis of strategy options to preserve these resources: https://ceds.org/wp-content/uploads/2022/12/DCSEInitialStrategyAnalysis.pdf_20190707120805-1.pdf.

We also compiled an analysis of the potential impacts of placing the transmission line across the Chesapeake Bay: https://ceds.org/wp-content/uploads/2022/12/SubmergedCablePreliminaryLiteratureReview.pdf

CEDS organized statewide opposition which eventually led to the applicant’s dropping the transmission line project.

Little Farm Preserved: We helped Bedford, PA residents preserve their family farm from the impact of a proposed 115 kilovolt transmission line. As shown in the following aerial, the line was proposed to cut-through the Little Farm. We succeeded in bumping the alignment to bypass the farm.

Transource Transmission Line: CEDS was part of a successful effort to stop a 16-mile transmission project proposed for Franklin and York counties Pennsylvania. The Pennsylvania Public Utility Commission (PUC) denied approval because the applicant failed to show a need for the transmission line.

 

 

Truck Stops.

Ohio truck stop rejected due to health & economic impact concerns: On November 2, 2022, the Boston Heights, Ohio Planning Commission voted to deny a Conditional Use Permit for a proposed truck stop, gas station and convenience store.

According to Marc Miller, who led opposition to the truck stop, the Commission based its decision on:

1. Incompatibility with our Comprehensive Land Use Plan (which is very “green”)
2. Negative Economic Impact:  We would lose an adjacent neighbor law firm that contributes $250k of income tax revenue (they felt the toxicity was dangerous to be right next door).  In return, we get a Truck Stop that generates $25k of income tax a year.   So, we’d lose about 10% of our village operating revenue – I think that hit home.
3. Safety & Health:  With a Children’s Hospital 350’ away, this was a concern.   I was surprised, though, that it wasn’t the primary decision factor in their decision.

For further details contact Marc at: mmiller@predictiveconversations.com

Missouri Truck Stop Proposal Withdrawn: Wentzville, Missouri residents were deeply concerned about a truck stop proposed within 150 feet of their homes.  They had launched an impressive Stop the Truck Stop campaign.  Concerned that more may be needed to safeguard their neighbors, they engaged CEDS. 

We urged them to form the Wentzville Healthy Neighborhoods Alliance which would make it easier to generate citywide support for an effort to require a minimum 500-foot public health safety zone from all new fuel dispensing facilities, including the proposed truck stop.  To provide the scientific justification for the health safety zone, CEDS drafted the 43-page letter posted at the following address: https://app.box.com/s/o2mi6l7h4df630hu56bxch6pkf7dus5s

In the letter we also presented the results of our survey of all Missouri truck stops of the same chain as that proposed for Wentzville, which revealed:

The 19 existing Missouri truck stops average more than 2,000- and 4,000-feet, respectively, from the nearest home and neighborhood.  The nearest is 540 feet from a home.  Compared to these 19 existing Missouri facilities, the truck stop proposed for Wentzville would be alarmingly close; just 150 feet from a home and neighborhood.

The Alliance forwarded the CEDS letter to the Wentzville Mayor and Board of Aldermen along with a request that they:

1. Require a minimum 500-foot public health safety zone from all new fuel dispensing facilities, including the proposed truck stop, and
2. Rezone the 16-acre truck stop site to only allow uses compatible with the numerous nearby homes.

About a month into our involvement the Wentzville mayor announced that the truck stop proposal had been withdrawn by the applicant.  The Alliance is continuing to work with Wentzville officials on the health safety zone and rezoning of the 116-acre site from Highway Commercial to Neighborhood Commercial, which restricts the site to far more benign and beneficial retail uses.

South Dakota Truck Stop Rejected: Wall, SD residents were concerned about a major truck stop proposed near their neighborhood. 

After retaining CEDS for an Initial Strategy Analysis, we searched various databases for research on the effect of a truck stop on area residents.  We knew that the adverse health effects of fuel emissions was well documented, but we had little in our files with regard to truck stops and noise, crime, property value, or other potential adverse effects.  Unfortunately, our online research yielded little on these issues. 

At this point we compiled a list of existing truck stops operated by the same company throughout the west and midwest.  We then contacted local law enforcement agencies to learn of any higher than normal crime patterns associated with the truck stops.  This approach yielded little useful information.  

CEDS then wrote to two-dozen people living in the vicinity of six of the truck stops.  We received responses from those living near half of the truck stops. 

All of the responses noted that truck stop noise adversely affected quality of life in their neighborhood.  Most of the neighbors also reported adverse effects due to light trespass, air pollution, and property value loss.  With regard to air quality, one neighbor reported:

“Our carbon monoxide detector went off occasionally in the house; was determined to come from outside.” 

The homes affected by these impacts were located 400- to 2,000-feet from a truck stop.  In the survey we also asked neighbors about any beneficial effects of having a truck stop nearby.  Only one neighbor reported the benefit of: “fuel and gasoline always available.”

This survey indicated that a truck stop would have minimal impact if located at least 2,000 feet from homes.  And most existing truck stops are much further than 2,000 feet from the nearest home; at least in the west and midwest.

Our clients presented these research findings to the local City Council.  The Councilmembers denied the rezoning needed by the truck stop applicants.

View From Homes Protected

Baltimore County, MD: Sparks-Glencoe residents were concerned about a proposed townhouse project that would have damaged the view from one of the most scenic sections of York Road. They were also concerned about the poor stormwater pollution control proposed by the applicant. As shown in the accompanying before-after illustrations, CEDS helped the residents gain the political leverage needed to get the applicant to eliminate a number of townhouses and vastly improve landscaping, both of which greatly reduced viewshed impact. The applicant also upgraded stormwater control to state-of-the-art practices.

Visual Impact Resolved: Rural residents were deeply troubled by a proposal to build new houses within view of their homes. They feared the loss of a natural view, light trespass from street lamps, and glare from the floodlights new homeowners tend to plaster all over their houses. After our clients threatened to get the site downzoned (a real possibility) the applicant agreed to forego the street lights, place a covenant in the homeowners association bylaws restricting outside lighting, and to provide the additional landscaping needed to preserve the view. These points were set forth in a written agreement which the applicant and the rural residents signed. The agreement also required making it a binding condition of County development approvals. This makes government responsible for enforcement – not the rural residents. The applicant also reimbursed the rural residents for the $2,000 they paid CEDS to win this victory.

Alternate Site Design Protects Neighborhood: Residents of the Heatherwood and Willow Springs communities learned that an adjoining 40-acre site was proposed for development at twice the anticipated density. The community’s concerns included well contamination and the loss of a strip of woodland which would have provided a visual buffer. CEDS helped community residents file two appeals of project approvals. We then helped residents to understand the technical aspects of the issues sufficiently so that they could redesign lot layout in a way that resolved well impacts and greatly reduced visual impacts. The applicant, who had refused to negotiate before the appeals were filed, agreed to much of the community’s redesign of the project.

Warehouses

Arvada CO Amazon Warehouse Defeated: In June, 2021, Protect Maple Valley Park convinced the Arvada City Council to deny the annexation and rezoning Amazon needed to build a 112,000 square foot warehouse next to the park.  CEDS played a minor role in this victory.  For further detail visit the Protect Maple Valley Park website at: https://www.protectmaplevalleypark.com/

Cases We Didn’t Win

Most of our losses occurred prior to 2005. From 1987, when Richard Klein founded CEDS, to 2005 a conventional strategy was pursued for the most part. This conventional approach consisted of hiring a lawyer and expert witnesses to block the issuance of a key permit. Unfortunately, this strategy only succeeded about 5% of the time while costing our clients $10,000 to $50,000.

Usually the best outcome after spending all this money was a negotiated settlement. In 2005, CEDS abandoned this conventional approach in favor of Equitable Solutions, Politically Oriented Advocacy, and Smart Legal Strategies. Since adopting these more effective strategies our clients lose very few cases and the costs are a fraction of that associated with the “hire a lawyer-kill the project” approach.