Planning Commission gives truck stop a thumbs down; Supervisors vote to shrink Technology Overlay District, delay action on Community Development Dept. fee hikes
Planning Commission gives truck stop a thumbs down; Supervisors vote to shrink Technology Overlay District, delay action on Community Development Dept. fee hikes
Engage Louisa is a nonpartisan newsletter that keeps folks informed about Louisa County government. We believe our community is stronger and our government serves us better when we increase transparency, accessibility, and engagement.
This week in county government: public meetings, August 12 through August 17
For the latest information on county meetings including public meetings of boards, commissions, authorities, work groups, and internal county committees, click here. (Note: Louisa County occasionally schedules internal committee/work group meetings after publication time. Check the county’s website for the most updated information).
Wednesday, August 14
James River Water Authority, Fluvanna County Administration Building, 132 Main St., Palmyra, 9 am.
Following its regular monthly meeting, JRWA will host an official groundbreaking for its raw water intake/water line at the main construction site near Columbia. The authority received a long-awaited permit from the Army Corps of Engineers in April that cleared the way to start construction. Read more in the April 22 edition of Engage Louisa.
Tourism Advisory Committee, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 9 am.
Artificial Intelligence Committee, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 4 pm.
Louisa County Water Authority, 23 Loudin Lane, Louisa, 6 pm.
Additional information about Louisa County’s upcoming public meetings is available here.
Interested in taking your talents to one of the county’s numerous boards and commissions? Find out more here including which boards have vacancies and how to apply.
PC gives truck stop a thumbs down
A controversial proposal to build a truck stop just off Interstate 64 at Gum Spring got a thumbs down from the Louisa County Planning Commission on Thursday night. (meeting materials, video)
Commissioners voted 6-0 to recommend that the board of supervisors deny Love’s Travel Stops & Country Stores, Inc.’s request to rezone, from agricultural (A-2 GAOD) to general commercial (C-2 GAOD), parts of three parcels on Cross County Road (Route 522) just south of the Gum Spring exit off 64 where the company plans to build a gas station, restaurant and parking facility with accommodations for long-haul truckers and other motorists.
The parcels, located in the Gum Spring Growth Area Overlay District (GAOD), are currently split zoned with the front portion—roughly 28 acres—zoned commercial and the back portion—about 23 acres—zoned agricultural (TMP 100-87, 100-88, 100-90).
The commission also voted 6-0 to recommend that supervisors deny Love’s request for a Conditional Use Permit (CUP), which is required for a truck stop in C-2 GAOD zoning. Cuckoo District Commissioner George Goodwin missed the meeting.
The proposal has drawn strong opposition from neighbors, who packed the meeting to urge county officials to reject Love’s request. As the remnants of Tropical Storm Debby lashed the county with heavy rain, more than two dozen community members weighed in during the public hearing, telling commissioners that a truck stop conflicts with the county’s long-range plans for the area and their vision for the Gum Spring community.
Many described Gum Spring as a quiet and safe neighborhood where traffic moves slow, stars shine bright at night and crime is minimal. They argued that Love’s proposal threatens to spoil all that by bringing heavy traffic, increased noise, pollutants that harm their air and water and other ills.
“The county can try to dress this up with risk mitigation, and there’s plenty of risk to mitigate…but you are not going to mitigate the loss of Gum Spring,” longtime resident Wayne Thacker said. “Literally, there goes the neighborhood.”
Many speakers reminded the commission that the room was filled with people pleading with them to protect Gum Spring from development they believe it can’t handle. And they insisted that commissioners had an obligation to listen.
“I’ve heard through the gossip mill that the decision has already been made, and I pray that that’s not true because I want to still believe that the system our forefathers died for still works, and that government listens and acts on the voice of the people,” Jackson District resident Genia Newcomb said.
Before voting to reject Love’s request, Mountain Road District Commissioner Gordon Brooks, who represents the area, made clear he had listened. He said that he couldn’t support the proposal for many of the reasons raised by community members, including that the project conflicts with the county’s 2040 Comprehensive Plan, as determined by staff, and that Love’s proposed upgrades to Route 522 wouldn’t adequately address the onslaught of additional traffic.
“There are a couple items with me that stand out. One of them being that staff has determined that this is not in conformity with the 2040 plan. My other issue is with traffic…us allowing anything more than what’s going on now is just going to create more of a problem,” Brooks said.
Jackson District Commissioner Cy Weaver agreed. He said he often stops at Love’s stores when he travels because he “like[s] their facilities.” But, he added, he doesn’t think the community is ready for such a large commercial development, expressing particular concern about the lack of public utilities in the area.
“The people of Gum Spring are not ready [for this project]. The other thing that strikes me is Louisa County is not ready for it,” Weaver said, adding “When we get water and sewer in that area, if they want to bring it back to the table and ask for it again, that would be something we could look at.”
Love’s request next moves to the board of supervisors for a second public hearing and a final up or down vote. The board could consider the application as soon as its September 3 meeting.
Love’s proposal
Love’s proposes to build its truck stop on a 51-acre site that fronts Route 522 on the southeast side of the Gum Spring interchange on Interstate 64. The company has a contract to buy the property from the W.W. Whitlock Agency.
According to a preliminary site plan and project narrative, the complex would feature a 11,900-square foot convenience store, a 3,645-square foot fast food restaurant, eight fueling islands for cars, eight fueling bays for trucks, nine RV hookups and separate parking areas for trucks and passenger vehicles. The facility would also offer propane sales, an RV dump, a truck scale and a small dog park. It could add charging stations for electric vehicles in the future.
Love’s would build its gas station, restaurant and much of its parking facility on the front of the property while mostly using the back for additional parking and a wastewater treatment facility.
During his presentation, Love’s Director of Real Estate Chad Bruner sought to allay concerns about the facility’s impact on neighbors. He said that the truck stop would be more than 1500 feet from the closest residence and the site is surrounded by “dense trees.”
In proffers attached to the rezoning, Bruner noted that Love’s agreed to limit development to just 30 acres and include a 200-foot buffer comprised of existing trees at the rear of the property.
“All of the trees that exist today will stay there. No matter what happens on the other side of that property line—let’s say they clear cut those trees on the other side of that property line—there will always be 200-foot of trees in between us and the property line,” Bruner said.
Vehicles would access the facility via two driveways along Route 522: one full-service and the other limited to right turns in and out.
Bruner said that the company conducted a traffic study and worked with the Virginia Department of Transportation (VDOT) for over a year to finalize an improvement plan that would address both exiting traffic problems around the interchange and the additional traffic Love’s would bring.
The study indicates that, at full buildout, the truck stop could generate more than 6,500 vehicles trips per day including trucks and cars.
To handle that traffic and mitigate current conditions, Bruner said that Love’s plans to install a traffic signal at 64’s westbound ramps, a left turn lane at its westbound on-ramp, right and left turn lanes at the eastbound ramps, a right turn taper at Love’s north entrance and a left turn lane at its south entrance. Additional merging tapers are also proposed.
Bruner said that the improvements aim to ensure that traffic doesn’t back up around the interchange even during peak travel times.
“Currently today, VDOT has no plans to improve that situation out there. So, one of the benefits of us coming in is we have the willingness to come out there and improve that intersection,” Bruner said.
Since public utilities aren’t available in the area, the facility would draw water from on-site wells and rely on its own wastewater treatment facility. A condition included in a CUP proposed by county staff limits the company to using no more than 20,000 gallons of water per day and requires it to connect to public utilities should they become available.
In addition to the rezoning and CUP request, Love’s is asking for three special exceptions to Louisa County’s land development regulations for Growth Area Overlay Districts. Specifically, the company requests that the county waive several requirements related to the planting of ornamental trees and bushes and some requirements governing the size and number of signs, and sign placement.
Those requests will be considered by the board of supervisors, which has sole discretion to grant special exceptions.
Beyond the nuts and bolts of the project, Love’s says the facility would bring economic benefits. Bruner said the company plans to make at least a $20 million capital investment in the county including $2 million in improvements on Route 522.
Bruner said the truck stop would create 55 to 60 jobs, noting that Love’s offers competitive pay and the ability to move up in the company. Last year, he said, Love’s was voted “the best place in America to work” by users of Indeed.com, a popular employment website.
Bruner also emphasized that Love’s facility is needed in the area due to a “national truck parking shortage.” Love’s application notes that the Federal Highway Administration has declared the parking shortage a “national safety concern” because it forces truckers to continue driving while fatigued and to park in unsafe areas like road shoulders and exit ramps.
“I’m on calls every week with states across the county and the Federal Highway Administration trying to find truck parking across the US, trying to find solutions,” Bruner told the commission.
Community members speak out
Love’s truck stop would sit just a stone’s throw from the Louisa-Goochland county line and Thursday night’s public hearing drew residents from both counties. Twenty-six people spoke during the hearing—all opposed to Love’s request—with most reiterating concerns raised at four previous community meetings.
Mainly, they said that Love’s proposal doesn’t mesh with the Gum Spring community, citing concerns about traffic, crime, noise pollution and the facility’s environmental impact and water use. Neighbors also submitted a petition signed by 315 people who oppose the truck stop.
Some speakers told the commission that they’ve lived in Gum Spring for years and value their rural way of life. They said that they understand the prime piece of real estate Love’s is eyeing would likely be developed one day, but a truck stop isn’t the right fit.
Several residents pointed out that the county’s professional planning staff determined that Love’s proposal conflicts with the Comp Plan, which calls for mixed use development in the area including “neighborhood scale commercial development.” Neighbors concurred with staff, arguing that a regional truck stop misses the mark.
“A Love’s truck stop is not mixed use. Mixed use…would be a strip mall with some restaurants and the potential for someone to put a fitness place there…something that benefits Goochland and Louisa residents right there, not bringing in people off the freeway to congest our little community,” Gum Spring resident Nathan Seaborn said.
Bruner disagreed, noting that the property is located just off a major interstate, making it an apt place for truckers to park.
“At the end of the day, it’s I-64 and it’s a pin corner on an interstate,” he said.
Neighbors zeroed in on more specific concerns including the noise they fear a truck stop would bring. During his presentation, Bruner shared a sound study conducted for a Love’s facility in Texas, which showed that the interior of the travel plaza typically produces noise levels around 75 decibels, roughly equivalent to the sound of a vacuum cleaner or motorcycle.
But 500 feet away, without any vegetation to dissipate sound, the decibel level decreases to about 50, roughly the sound of an air conditioner or refrigerator. Bruner noted that Love’s primary development area would be at least 500 feet from the property line and include a 200-foot buffer on part of the site that would help mitigate sound.
But neighbors weren’t convinced.
“I love sound studies. I appreciate that. However, it should be noted that trucks don’t stay in a parking lot. They travel. So, taking a sound reading from a parking lot is probably not going to be indicative of the impact in the community,” Gum Spring resident Mark Byerly said.
Neighbors also focused on the onslaught of traffic Love’s would bring, which they said would clog Route 522 and make nearby roads more dangerous. They argued that Love’s proposed improvements aren’t adequate and congestion would impact neighboring businesses.
Brooks, the planning commissioner, echoed those concerns, noting that the bridge across Interstate 64 creates a traffic bottleneck that Love’s proposed upgrades wouldn’t solve.
Bruner said that the bridge isn’t ideal today, but the company’s plans would improve traffic flow by adding space at either end of it.
“From a width standpoint, we can’t add turn lanes in the middle of that bridge, but what we can do is address the traffic on either side of the bridge where we have an area where we can widen those spaces,” he said.
Some community members reminded the commission that there are no public utilities in the area, and they rely on private wells. They said they’re worried about how Love’s heavy demand for water would impact the water table. They also expressed concern about the potential for hazardous material spills and leaks from underground storage tanks.
David Branch, an attorney representing the owner of the BP gas station and Dairy Queen across the street, said that Love’s proposal shouldn’t move forward without a hydrology report to ensure the facility wouldn’t deplete groundwater.
“It appears that Love’s will consume the vast majority of the groundwater in and adjacent to their 50-acre parcel thereby placing the existing groundwater well on my client’s property at great risk of failure,” Branch said.
Bruner said that Love is “very experienced” working in areas that lack public water including areas where water is “more scarce” than it is in Virginia. He said the company would conduct “full engineering to make sure we are not affecting the area around us” and pursue “some other solution” if adequate groundwater isn’t available. Love’s application suggests relying on water storage tanks could be an option.
With respect to potential contamination, Bruner said that Love’s wells would be tested regularly, per state regulations, and its underground fuel storage tanks are doubled lined to guard against leaks. He also noted that Love’s staff is trained to quickly address any incidents involving hazardous materials and both the company and trucking companies employ rapid response clean-up crews.
Some residents voiced concern that a truck stop would increase crime and tax the county’s first responders.
Bill Rooney, a board member at Salem Christian School, located about a mile from Love’s proposed site, said that he’s concerned about the “safety and security” of the school and Louisa County Sheriff’s Office’s [LCSO] ability to quickly respond to criminal activity or other concerns.
“Our experience is that [LCSO] has been very strained. We’re at the very end of the county. We’ve been working with the county to do a security assessment of the building, and it’s been over a year that we’ve had to wait for that,” Rooney said, adding, “As we take that and expand it to any real criminal activity or someone just walking over to the school, for example, when kids are out playing at recess or in gym, we have concerns that that won’t be addressed as quickly as it needs to because the county’s security services are stretched thin.”
Bruner said that Love’s stores tend to mirror the crime rate in the larger community, so if the facility is in a low-crime area, the store reflects that.
“Most of the crime in our stores is what you might expect from a convenience store, it’s petty crime and strongly correlated to local crime statistics,” Bruner said.
He also said that it’s not uncommon for Love’s to locate a truck stop near a school and, based on his research, there haven’t been significant problems.
But Bruner’s arguments failed to convince the commission that a truck stop belongs in Gum Spring. After listening to Love’s presentation and community members’ concerns, commissioners quickly voted to reject the request to cheers from many in attendance.
“This is what it looks like when citizens participate in government,” Commission Chair John Disosway told the crowd.
Commission recommends approval of tweak to GAOD buffer and landscaping requirements
The commission held a public hearing and voted unanimously to recommend that the board of supervisors tweak buffer and landscaping requirements for certain uses in the county’s Growth Area Overlay Districts (GAOD).
Under current county code, commercial uses, civic uses and multi-family dwellings within a GAOD must adhere to extensive buffer and landscaping standards. For example, code mandates that no less than one ornamental or shade tree be placed in groupings around a site for every 2,500 square feet of development area and requires no less than eight shrubs for every required tree.
County staff has said that the requirements don’t account for existing vegetation and don’t provide staff the flexibility to make changes that would still meet the intent of the ordinance. Staff has also noted that the buffer and landscaping requirements for industrial uses in GAODs allow the zoning administrator to green-light changes.
The commission recommended that the board amend county code to give the zoning administrator the ability to waive or alter the planting requirements for commercial and civic uses and multifamily dwellings, provided the project meets the intent of the requirements.
Supervisors vote to roll back TOD, delay action on fee hikes
The Louisa County Board of Supervisors on Monday night held its first meeting in more than a month, taking up a range of public business. Check out a meeting recap below. (meeting materials, video)
Supervisors cut back TOD, tack on CUP requirement for tech sector uses
Amid concerns that widespread data center development would overwhelm local infrastructure and mar the county’s rural character, the board of supervisors on Monday night voted unanimously to shrink the county’s Technology Overlay District (TOD)—albeit not by as much as initially proposed. Supervisors also agreed to require a public approval process for tech sector development in the district that’s not already approved.
The board established the TOD just sixteen months ago with a goal of attracting high-tech development that generates significant tax revenue and create jobs. The district initially included more than 6,400 acres in six parcel groups in parts of central and eastern Louisa County and allowed data centers, advanced manufacturing and other tech sector uses by-right, meaning they didn’t require public hearings and a vote by the planning commission and the board of supervisors.
After inking a deal with Amazon Web Services (AWS) to invest at least $11 billion by 2040 to build data center campuses on two of the district’s assemblages, the board opted to roll back the special zoning designation, removing two of its six parcel groups—or some 2,000 acres—and requiring a Conditional Use Permit (CUP) to pursue tech sector uses in the district going forward.
The new-look district no longer includes the 700-acre Shannon Hill Regional Business Park, a county-owned industrial site located just north of Interstate 64 in south-central Louisa, nor the roughly 1300-acre Gum Spring TOD, which included a handful of parcels just north of the interstate in southeastern Louisa. The two assemblages will no longer be designated for data center development. Officials have said they chose to remove the Shannon Hill site because it already has a CUP for its targeted uses.
The district still includes the assemblages slated for AWS’s campuses—150 acres at the corner of Kentucky Springs Road (Route 652) and Haley Drive (Route 700) adjacent to the North Anna Power Station and 1,444 acres south of Jefferson Highway (Route 33) and east of Mt. Airy Road (Route 644) near the Northeast Creek Reservoir—as well as the Cooke Industrial Rail Park, a 1234-acre parcel group north of Route 22 and west of Chopping Road (Route 623) that’s mostly owned by the Louisa County Industrial Development Authority.
The Cooke property is under lease with solar developer Energix, which received a CUP from the board in 2022 to develop an up to 118 megawatt (MW) utility-scale solar facility and a 50 MW battery storage bank on the site. If that project doesn’t materialize, the park could potentially be targeted for high-tech development.
After initially slating it for removal, supervisors also opted to retain the Fisher Chewning TOD, roughly 1400 acres between Routes 22 and 33 north of the reservoir.
Former Louisa District Supervisor Eric Purcell, who owns the property with his father, Charles, told the board last month that he’d like the assemblage to stay in the district, prompting supervisors to change their plans. Like the rail park, the property has been greenlit for utility-scale solar under a CUP approved by the county in 2020 but could potentially be eyed for data centers if solar isn’t built.
Purcell, along with his father, also owns a roughly 200-acre parcel in the Gum Spring TOD. He initially asked the board to keep that property in the district, but pulled the request at Monday’s meeting.
Beyond shrinking the TOD, the board also tacked on the CUP requirement for the assemblages remaining in the district. That means any uses permitted in the TOD, like data centers, but not allowed by the property’s underlying zoning, require a robust public approval process, instead of being permitted by-right.
The CUP requirement doesn’t apply to the two Amazon projects because they’re already underway, according to county officials. But if the AWS deal didn’t materialize and another tech company wanted to invest in the campuses, the project would require a CUP.
The board held a public hearing on the changes to the TOD at its July meeting, but tabled action, in part, due to concerns about the CUP requirement. Board Chair and Mineral District Supervisor Duane Adams suggested that by adding the requirement, the county could be creating a hurdle for businesses looking to invest in the district, especially if the AWS deal unexpectedly fell through.
Deputy County Administrator Chris Coon said that staff and the board’s TOD committee, which includes Green Springs District Supervisor Rachel Jones and Jackson District Supervisor Toni Williams, recommended that future projects obtain a CUP because they could have different infrastructure requirements than the projects already approved.
On Monday night, Adams said his concerns about the CUP requirement had been addressed and he was ready to move forward with the changes.
“I did have some concerns about the CUP process last time that have been adequately satisfied. I do believe that goes a long way to addressing citizen concerns that we rein in the TOD districts and this goes toward keeping the county rural,” he said.
The changes to the TOD come as some residents have pushed back against both the AWS campuses and the potential for other data center development. At public meetings and on social media, residents have complained that the use isn’t suitable for the area, arguing that it will overwhelm local infrastructure—including straining the power grid and water supply—and bring unwanted traffic and noise. Data centers, which house the infrastructure that keep the internet running, require vast amounts of power and water and are known as noisy neighbors because of their massive cooling systems.
Supervisors and staff have insisted that the TOD ordinance is the county’s most restrictive zoning designation and includes safeguards to protect the community from the potential ills of data centers. They point to the district’s noise limits and extensive setback and buffer requirements and note that the assemblages included in the district were chosen, in part, because of their proximity to at least some infrastructure necessary for data center development.
In addition, they’ve said that, based on a recent capacity study, there’s adequate water in the publicly owned Northeast Creek Reservoir to quench the campuses’ thirst and support future growth in the Town of Louisa, which relies on the reservoir for its water supply.
Officials have also argued that the TOD is an important part of keeping the county rural because it targets tech sector development to specific areas, protecting other parts of the county
A push to add land to the TOD
Supervisors didn’t act on a request from Purcell to add another parcel to the TOD, determining that would require a separate public approval process.
In a written request submitted on Monday night, Purcell asked the board to include in the district a 488-acre parcel located east of Chopping Road and north of Route 22 between the Hidden Farm subdivision and the Town of Mineral.
Known as the Mine & Hemmer tract, supervisors in 2021 greenlit a 94 MW utility-scale solar array on the property. Like the Cooke and Fisher Chewning projects, construction of the facility hasn’t started.
While most board members had signaled they were interested in shrinking the TOD in the face of concerns about widespread tech sector development, at least two supervisors seemed eager to place the property in the district at Monday’s meeting.
Louisa District Supervisor Manning Woodward, who replaced Purcell on the board last January, said that he thought the county had made a mistake by not including Mine & Hemmer in the TOD to begin with.
He said that it’s his understanding Mine & Hemmer and Fisher Chewning are “one” because they’ll share the same “hook up,” or interconnection to the grid, assuming their proposed solar projects are developed. The Mine & Hemmer and Fisher Chewning projects were permitted in 2021 and 2020, respectively, under separate CUPs.
Patrick Henry District Supervisor Fitzgerald Barnes seemed to agree. Both he and Woodward suggested that they thought Mine & Hemmer was already in the district.
But Jackson District Supervisor Toni Williams said that while the properties may be connected by solar, only one—Fisher Chewning—is currently in the TOD. He and outside counsel Dale Mullen agreed that if the property owners want to add Mine & Hemmer, the request would require a separate public hearing.
It’s unclear if Purcell plans to formally ask the county to include Mine & Hemmer in the district.
Board delays action on fee hikes
Supervisors delayed action on proposed revisions to the Community Development Department’s fee schedule that would hike the cost of some county permits by more than 200 percent.
The board instead directed staff to look into establishing a “tiered” fee system for at least one permit.
Deputy County Administrator Chris Coon recommended changes to the fee schedule earlier this year. The schedule lay outs how much residents and developers pay for a range of county services including land use permits, building inspections, plat approvals and site plan reviews. Coon said the changes are necessary to help the department become “cost neutral,” meaning the revenue it generates covers the cost of its services.
Under the current fee schedule, last revised in 2022, that’s not happening. In Fiscal Year 2023, Coon noted, the department’s costs exceeded its revenue by about $194,000. In FY24, the department had a $142,000 funding gap, according to Coon, even as it operated with several vacant staff positions.
To cover the department’s costs, the county dips into its general fund, Coon said, meaning taxpayers who aren’t using its services are subsidizing those who do. He said the proposed fee schedule raises the cost for services that are currently underpriced and, based on historical trends, enables the department to achieve cost neutrality for the first time.
But several board members balked at the sharp rise in fees for some permits, most notably the cost to apply for a Conditional Use Permit and the cost for a building permit for a single-family dwelling or addition. The CUP fee would jump from $750 to $2500, a 233 percent increase, while the minimum building permit fee would soar from $300 to $1,500, a 400 percent hike. The county charges the minimum fee for new construction then tacks on one dollar per square foot to that cost.
Mountain Road District Supervisor Tommy Barlow said that while he agrees people who use the Community Development Department’s services should pay for them, in his view, the proposed CUP fee isn’t equitable.
“What bothers me is the disparity between a really small office [and large company]—somebody like me, who has a small surveying firm, ends up paying the same exact fee as somebody like…Love’s (Travel Stops] or Walmart. If you have to get a CUP, you pay the same fee and that, to me, just does not sound right,” Barlow said, noting that a large company that comes to the county with an extensive proposal requires far more staff time than someone applying for a CUP for a minor use.
Patrick Henry District Supervisor Fitzgerald Barnes said that he’s concerned about the sharp increase in the minimum fee for a single-family dwelling. As home prices climb in the county, he said the hike would impact “affordability.”
“I think we are affecting the affordability of the lower-tier person in home ownership. I think we are adding to the cost of that and, whether or not I win this or not, it has to be said,” Barnes said.
To remedy Barlow’s concern, Coon floated the idea of a waiver system where citizens could ask the board for an exemption from the CUP fee. He said that someone who lives in residential zoning and applies for a CUP to have livestock on their property would be a prime candidate for the waiver as would an individual seeking to run a low-impact small business out of their home.
But Barlow and other supervisors expressed concern about the waiver process, noting that it would require applicants to carry a request all the way to the board and supervisors.
Several supervisors suggested that staff investigate a “sliding scale” for CUPs and single-family dwellings. With respect to the former, Jackson District Supervisor Toni Williams said the county could adopt a bifurcated system with “a small staff time CUP and a large staff time CUP” and staff could determine where to place an application and what fee applies.
Coon and outside counsel Dale Mullen agreed to explore the possibility of a tiered system, particularly for CUPs, including determining if it’s permissible under Virginia law. Mullen said that he isn’t aware of any localities that have a sliding scale for CUPs, but he believes Loudoun County has a “relaxed” fee schedule for affordable housing. Mullen and Coon are also expected to flesh out how a waiver process might work.
The board plans to take up the fee schedule again at its September 3 meeting.
Williams, county attorney address conflict of interest concerns
A member of the board of supervisors who some residents say shouldn’t vote on a controversial request to build a truck stop in southeastern Louisa County made clear on Monday night that he has no plans to recuse himself from considering the proposal. And Louisa’s county attorney said he isn’t obligated to step aside under Virginia law.
Some community members have suggested on social media and to Richmond’s WTVR News 6 that Jackson District Supervisor Toni Williams shouldn’t weigh in on Love’s Travel Stops’ request to build a truck stop just off Interstate 64 at Gum Spring when the board considers the matter, potentially as soon as next month. (See related article above).
Residents anonymously told the news station that they believe Williams has a conflict of interest because Love’s retained his son, Torrey, as legal counsel. The younger Williams is a partner in the Louisa law firm, Craig Williams, and frequently represents clients in front of the board.
Board Chair and Mineral District Supervisor Duane Adams referenced citizens’ concerns during Monday’s meeting and asked County Attorney Patricia Smith to provide a legal opinion on whether Williams is obligated to step aside.
Smith said that, after carefully reviewing Virginia’s conflict of interest statute, she determined Williams has no conflict of interest.
“Under these sections, a public official cannot have a personal interest in a contract or a personal interest in a transaction. After careful review of these sections, I have determined that Mr. Toni Williams has no personal interest, as defined by the Code of Virginia. Therefore, he has no conflict of interest in the matter at hand,” she said.
The statute defines “personal interest,” in part, as a “financial benefit or liability accruing to [a government official] or to a member of his immediate family.” It defines “immediate family” as a spouse or any other person who lives in the same household and is dependent on the government official.
Williams told Engage Louisa last week that he has no reason to recuse himself from voting on Love’s request and publicly reiterated that stance after Smith shared her determination.
“I do not have a fiduciary interest in the Craig Williams law firm. I do not have a fiduciary interest in Love’s truck stop. I do not have a fiduciary interest in the affected parcel of property. My son, 37 years old, does not live with me in my household, and he is not dependent on me for his living,” Williams said.
The Louisa County Planning Commission on Thursday night voted unanimously to recommend that the board of supervisors deny Love’s request for a rezoning and Conditional Use Permit, which are required to build a truck stop at the proposed site. Supervisors have the final say on the project and could consider the request as soon as their September 3 meeting.
Board oks proffer amendment for storage facility
Supervisors held a public hearing and voted unanimously to approve Louisa Mini Storage, LLC’s request for a proffer amendment to a rezoning approved in 2022 that cleared the way for the company to establish a storage facility on a 4.69-acre parcel adjacent to the Louisa County Industrial Air Park (TMP 41-207).
Specifically, the amendment tweaks Louisa Mini Storage’s buffer and landscaping requirements, adding Brackens Beauty Magnolia to the list of trees permitted in a buffer along the property’s eastern edge, and gives the zoning administrator the flexibility to approve alternative plantings in the future.
When Louisa Mini Storage won the right to rezone the property two and a half years ago, it agreed to a proffer that requires a screening buffer along the parcel’s eastern boundary so long as the adjacent property is used for residential purposes. Additionally, the proffer requires specific plantings for the screening including only three tree varietals—Eastern Red Cedar, Leyland Cypress and Arborvitae.
Kelsey Schlein, a planner with Shimp Engineering who represented the applicant, told the board that a landscaping contractor had trouble obtaining one of the permitted varietals and planted Brackens Beauty Magnolias instead. To prevent Louisa Mini Storage from having to remove 16 magnolias, which are well into their first growing season, the company asked to add the tree to the proffer.
“What brings us before you tonight is a lack of availability from a specific landscape provider and also an honest mistake from a landscape contractor who thought that they were doing everybody a service by recommending what, [according to] most landscape professionals, is probably considered to be a superior species to what was listed in a far too specific proffer statement,” Schlein said. “That landscape contractor just didn’t realize that that was a proffered condition to have just three different varietals on the property.”
While supervisors didn’t hesitate to amend the proffer, a couple of board members expressed concern about requiring the company to come to the board to tweak its landscaping.
Jackson District Supervisor Toni Williams asked Community Development Director Linda Buckler if there’s “a way to keep this from happening again.”
Buckler noted that the amended proffer includes a provision authorizing the zoning administrator to approve the planting of an alternative evergreen varietal in the future. She added that other applicants could include that language in their proffer statements.
At the request of Louisa District Supervisor Manning Woodward, the board agreed to waive Louisa Mini Storage’s application fee for the proffer amendment.
Community Development Department temporarily setting up shop at 103 McDonald Street
Residents and developers looking to visit Louisa County’s Community Development Department to discuss land use permits, building permits or other matters won’t find the department in its usual digs on the main floor of the Louisa County Office Building—at least for now.
Starting Wednesday (August 14), the department will be temporarily located just across the street at 103 McDonald Street, home of the Office of Elections. Community Development staff will share the space with the elections office for the next six to eight months as its wing of the County Office Building undergoes major renovations. The department will be closed on Tuesday, August 13 as it transitions to its temporary home.
County Administrator Christian Goodwin mentioned the move during his county administrator’s report, noting that he’d notify the board of any changes to the department’s relocation schedule.
If you have any questions about where to find the Community Development Department, call the department at 540-967-3420 or visit its website.
Board forms AI committee
The board agreed to form a committee to work with county staff on crafting an artificial intelligence (AI) policy. Green Springs District Supervisor Rachel Jones and Patrick Henry District Supervisor Fitzgerald Barnes volunteered to serve on the panel.
Both Barnes and Jones said they recently attended conferences that included sessions focused on the impact of AI.
Barnes said he traveled to the National Association of Counties conference in Florida where he participated in several seminars that detailed how the county could harness AI to save staff time and better serve the public. He pointed specifically to the possibility of using AI to answer non-emergency calls to county dispatchers and to answer questions about building and land use permits.
Jones said she attended a school safety conference hosted by the Department of Criminal Justice Services where the “grim” side of AI was discussed.
“They opened up with this slide that 50 percent of AI researchers believe that there is a 10 percent chance or greater that humans go extinct from our AI inadaptability,” Jones said. “It was scary, and I think that, as a county government, we need to stay ahead of the curve.”
County Administrator Christian Goodwin said that staff has been preparing an artificial intelligence policy and would appreciate input from the board.
The AI committee will hold its first public meeting on Wednesday, August 14 at 4 pm at the Louisa County Office Building, according to the county’s website.
Other business:
Board green-lights LCWA capital projects: Supervisors voted unanimously to authorize the Louisa County Water Authority to proceed with a pair of capital projects included in the Fiscal Year 2025 capital budget, greenlighting a $350,000 expenditure for the installation of a Sludge-Vac system at the Northeast Creek Water Treatment Plant and a $200,000 expenditure for right-of-way maintenance on the James River water line. Read more about the projects in last week's edition of Engage Louisa.
Supes ok LCSO budget supplement: The board voted unanimously to approve a $20,438 budget supplement to the Louisa County Sheriff’s Office for the purchase of software to track and manage its accreditation. The agency earned accreditation from the Virginia Law Enforcement Professional Standards Commission for the first time earlier this year. The county will draw the appropriation from asset forfeitures.
Board appropriates share of TOT revenue for tourism-related purposes: Supervisors voted 7-0 to appropriate $13,680 in revenue that it received from the Transient Occupancy Tax (TOT) in FY24. Under Virginia law, the county must spend about 40 percent of the money generated by its seven percent TOT on tourism-related initiatives. Specifically, the board allocated the funding to cover salaries and related expenses, presumably for a staffer who does work related to tourism. The TOT is tacked on to customers’ bills when they spend the night at a local hotel, bed and breakfast or short-term rental.
Board oks airplane maintenance contract: In an action not included on the pre-meeting agenda, the board voted unanimously to authorize the county administrator to finalize an aircraft maintenance contract with an undisclosed vendor for the Louisa County Regional Airport. The airport doesn’t currently offer on-site maintenance, but the agreement would allow it to provide those services beginning next month. Under the general terms of the contract, the vendor proposes to provide on-site maintenance at a base hourly rate of $110 and to rent space at the airport. The vendor wouldn’t be required to pay rent for the first year.
Board removes turf field contract from agenda: At the request of Patrick Henry District Supervisor Fitzgerald Barnes, the board removed from its agenda an action item to award a rough grading contract for a pair of turf fields slated for construction adjacent to Louisa County Middle School. The board appropriated about $3.6 million for the fields in the FY23 and FY24 capital budgets. But, after bids for the project’s first phase came in significantly over budget, it’s unclear how the board plans to move forward. Read more in last week's edition of Engage Louisa.
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