This week in county government; Louisa Town Council approves mixed-use development
This week in county government; Louisa Town Council approves mixed-use development
Engage Louisa is a community newsletter aimed at keeping folks informed about Louisa County government. It’s free, non-partisan, and powered by volunteers. 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, July 25 through July 30
For the latest information on county meetings including public meetings of boards, commissions, authorities, work groups, and internal county committees, click here.
Monday, July 25
Board of Supervisors’ Finance Committee, Administrative Conference Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 8:30 am. At publication time, an agenda was not publicly available.
Wednesday, July 27
Louisa County School Board, Special Called Meeting, Central Office Administration Building, 953 Davis Highway, Mineral, 7 pm. (agenda)
Lake Anna Advisory Committee, Orange County Public Safety Building, 11282 Government Center Dr., Orange, 7 pm. At publication time, an agenda was not publicly available.
Ag, Forestal, and Rural Preservation Committee, Public Meeting Room, Louisa County Administration Building, 1 Woolfolk Ave., Louisa, 7 pm. At publication time, an agenda was not publicly available.
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.
Amid flooding concerns, Louisa Town Council approves mixed-use development
Louisa Town Council cleared the way Tuesday night for a controversial up to 85-unit mixed-used development slated for construction on about 11 acres off Route 33 and Pine Ridge Drive.
Council voted 3-2 to rezone a 5.5-acre parcel (tmp 41 122) at 122 Jefferson Highway (Route 33) from Light Commercial to Planned Unit Development and part of an adjoining 13-acre tract (41C 7 A) from General Residential to PUD for Timber Oaks II, a three-pronged project that combines single-family homes, multi-family housing, and commercial space. The parcels are owned by Fred Bickley Revocable Trust and VSHI LLC, respectively.
The rezoning request sparked strong opposition from some residents in the neighboring Tanyard subdivision, who cited concerns about flooding after heavy rain along Beaver Creek and Tanyard Branch, two waterways that run through the eastern and southern parts of the town. They attribute the flooding to stormwater runoff from poorly planned development and fear Timber Oaks will further exacerbate the problem. They urged council not to approve new development until flooding is addressed.
Councilors John Jerl Purcell IV and Jessica Lassiter voted for the rezoning while Councilors Bud Dulaney and Daniel Carter opposed. Councilor Sylvia Rigsby was absent, leaving Mayor Garland Nuckols to cast a tie-breaking vote approving the request.
Before announcing his vote, Nuckols acknowledged residents’ concerns but said that flooding along the town’s creeks and the rezoning request are “two separate issues.”
“I see the flooding as an issue but it’s two separate issues,” he said. “I am here willing to work in any way we can to mitigate the flooding issue.”
Nuckols pointed to a work group set up by Louisa County that’s tasked with addressing flooding in Beaver Creek and Tanyard Branch as an opportunity to tackle community concerns, noting that the town’s drainage issues are multi-faceted.
“I think it’s great that this is starting off with a work group. I am really hoping for it to move forward and (we can) work together and try to figure some of it out,” he said.
The development
According to a land use application submitted by Timothy Miller of Meridian Planning Group, the property owners’ representative, Timber Oaks II is expected to include three components: a 1.8-acre commercial block fronting Jefferson Highway (Route 33) with 11,200 square feet of commercial space and 56 parking spaces; a roughly 2.4-acre multi-family block that could include duplexes, apartments, and townhomes; and a 3-acre block featuring single-family homes. The development would also include about three and a half acres of open space with a dog park, playground, and tree preservation areas.
While the development’s conceptual plan currently anticipates 20 single-family homes and 22 duplexes, the developer has the flexibility to build up to 25 single-family homes and 60 apartments, duplexes, or townhomes under town zoning rules. Miller indicated that a decision on which types of multi-family housing to build will be made during the site plan process “in order to meet the market needs at the time.” Per Town of Louisa procedure, the developer will work with the town’s Planning Commission on a site plan following the rezoning.
The commercial component will include buildings limited to two stories and 60 feet in height using outside materials and colors that conform with existing commercial structures along the Route 33 corridor. Dwellings in the multi-family section will be limited to three stories and 60-feet tall while single-family homes won’t exceed three stories and 40 feet in height. The Timber Oaks Homeowners Association’s Architectural Review Board will approve residential dwellings and additions, ensuring their appearance is consistent with that of their neighbors and surrounding neighborhoods, per the application.
As proposed, the development’s road network will connect to Timber Oaks 1, an adjoining subdivision currently under review by town staff that’s expected to include 36 lots for single-family homes. The developer plans to construct a new road, dubbed Swift Fox Lane, off Pine Ridge Drive, which will run through Timber Oaks I and II and connect to Route 33, providing two access points to the subdivisions. The developer previously proposed constructing a road connecting Timber Oaks to Barnstormer Court in the Tanyard subdivision but agreed to remove that access point.
Council held a public hearing on the Timber Oaks II proposal at its June 21 meeting but opted to defer action on the request until Tuesday’s meeting, allowing Miller time to address community concerns. In response to concerns about traffic safety along Route 33, Miller said he reached out to the Virginia Department of Transportation for information about the crash history in the area. VDOT engineer Mark Wood indicated that he “doesn’t have any recollection of accidents in that area,” according to Miller, but he has not yet provided data. Miller said that he also spoke with VDOT about the possibility of putting a crosswalk and pedestrian refuge on Route 33. Traffic engineers might be amenable to the idea, he said, but it would require further study during site plan review.
Beyond traffic, Miller said that he removed stormwater management features from areas he calculated as open space, per advice from the town attorney. He noted that the change lowered the open space from about 33 percent of the development to 26 percent. Purcell pointed out that, per code, PUDs are required to have a minimum of 30 percent open space. Miller responded that he would adjust his proposal again to adhere to that requirement.
In his comments to council, Miller tried to steer clear of the debate over flooding in Beaver Creek, which runs along the proposed development’s western border. He said that his project “is minimal to the overall drainage area” and “there is really nothing I can do on this little parcel to help the greater problem with flooding.”
Council discussion
Much of council’s discussion about Miller’s request centered on how it relates to the town’s current issues with stormwater management. Dulaney said that he appreciated Miller’s willingness to address concerns raised during June’s public hearing, but “unanswered questions” remain. Of particularly concern, he said, was Miller unwillingness to pin down exactly what types of housing he planned to build in Timber Oaks’ multi-family section. Dulaney said that he’s worried about the “character of the community” and that higher density development like apartments could strain town services and cause increased runoff.
“Extended rooflines and more cars parked in the complex means there’s going to be more asphalt (so) there’s going to be less area for the water to be absorbed into the ground. We are going to have to be concerned about where that water runs off to and it’s already a problem,” Dulaney said.
Considering the frequent flooding around Beaver Creek, Dulaney urged his colleagues to act cautiously, suggesting that council defer its decision on the rezoning until after the county’s work group meets.
“That committee will not be in a position to approve or disapprove this (application). I am wondering if we might hear some information that might be pertinent or relevant to us making a better decision,” he said.
Purcell argued that it’s a mistake to put Timber Oaks’ proposal and the town’s problems with flooding “in one basket.” He said that while stormwater management is a component of the project and on the county work group’s agenda, it wasn’t the issue before council Tuesday night.
“We are just voting (on whether we are) allowing a higher density than what is by-right on the property. Roughly 70 percent of what (the developer) is asking for is already permitted by-right. We are just trying to decide whether the extra 30 percent higher density portion of the plan is going to be allowed by council,” he said.
The site plan approval process is where specific components of the project will be finalized, Purcell emphasized, and it’s the Planning Commission’s job, not council’s, to work with the developer on the plan.
Dulaney contended that the issue before council wasn’t that simple. He said he understood that the Planning Commission has purview over the development’s site plan but it’s council job, as the town’s elected representatives, “to act in the greater good of the community.” He suggested that means not making decisions that could worsen an already serious problem.
“If (flooding) is bad now, unfortunately, will it become worse (because of this development),” he asked.
Nuckols echoed Purcell in justifying his vote to approve the project. He contended that flooding along Beaver Creek is a concern, but it shouldn’t be conflated with the rezoning request nor should the flooding be solely attributed to the impact of new development. He said that he inspected Beaver Creek via various methods, including with a drone, and that “there are several issues.” As an example, he pointed to a dam in the creek adjacent to Taynard that’s impeding water flow. He also noted that drainage problems in the town extend beyond Beaver Creek and Tanyard Branch, suggesting that the county’s work group is a starting point in tackling the issues.
“I have a ‘dry creek’ down the back of my property and it’s nothing to see that 50 feet wide. I get runoff from down on Main Street,” he said. “I think we need to look at the town as a whole, maybe not the whole town in this group, but I think this is a start in where the town can really come together and look at our drainage.”
County work group
Prior to its vote on the rezoning request, Deputy County Administrator Chris Coon briefed council on the plan for the work group. Jackson District Supervisor Toni Williams proposed the group in response to residents’ comments about flooding along Beaver Creek and Tanyard Branch at the Board of Supervisors July 5 meeting. Coon said that the county uses work groups as a tool to address community concerns, noting that the groups are a way to bring stakeholders to the table, answer questions, and identify actionable paths forward.
“I think the main goal of (the group) is to get everybody involved because it’s just so complicated and convoluted…just getting everybody in the same room to talk out everything so everybody understands what’s going on and any actions that can be taken,” he said.
Coon said that the group would focus squarely on addressing flooding in Beaver Creek and Tanyard Branch and include county and town officials, representatives from VDOT, the Virginia Department Environmental Quality, the Department of Conservation and Recreation, and FEMA as well as impacted residents of the town and county. He requested that the town appoint members to the body, noting that he planned to set up the group’s first meeting in the coming weeks.
Nuckols promptly appointed the town’s water and sewer committee, composed of Purcell and Lassiter, to the group and Town Manager Liz Nelson said that she and Town Project Manager John Robins would also participate. Nuckols said that town staff and council would work on identifying town residents interested in serving, adding that anyone who wanted to participate is welcome. Tanyard residents Vicky Harte and Chris Hartman previously volunteered to serve in the group.
Community members continue to speak out
Throughout the Timber Oaks II rezoning process, Tanyard residents have raised red flags about the proposed development, pointing to increased stormwater runoff as one of their primary concerns. During the June public hearing, at other public meetings, and in public Facebook posts, they’ve insisted that the town shouldn’t approve the rezoning until flooding in Beaver Creek and Tanyard Branch is addressed.
Some residents say that they’ve lived in Tanyard for more than two decades and, for years, nearby creeks would only occasionally overflow their banks. Now, they say, it’s not out of the ordinary to see Beaver Creek flow like a rushing river that’s more than 100 feet wide and six feet deep. The flooding has worsened with continued development, they argue, rendering parts of their property unusable and occasionally covering roadways blocking access to their homes.
On a Facebook page titled “Protect Louisa, VA - Stop the Flooding - Don't Be Collateral Damage,” Tanyard residents have posted pictures of their flooded property after rains and aired their frustration with what they see as uncontrolled development and local government’s inaction. Community members have also emphasized that flooding in Beaver Creek, which runs from the town to the South Anna River, has impacted many county residents but officials in both the town and county have refused to take responsibility for the issue.
“Growth and progress are not bad things. More housing in a market where we need it isn't either - IF the infrastructure can support it. Unfortunately, the people in charge seem to only be seeing GREEN and ignoring their existing taxpayers’ pain. As growth has continued and added more homes, townhomes, businesses, our small streams have not been able to keep up and their banks overflow with every bad rainstorm. Not hurricanes. Not days of rain. Just a few hours of heavy storms. These cause damage to our business owners and homeowners, block roads, cancel school and cause unnecessary strife,” one recent post said.
Two residents spoke during Tuesday night’s public comment period to reiterate their concerns. Harte, a vocal opponent of the rezoning who lives along Club Road in Tanyard, told council that she worried the work group won’t lead to action. She urged the town to not only take part in the group but “do something about (the flooding),” calling the need to address it a “public health and property right’s imperative.”
In a Facebook post following the meeting, Harte, who is running for a seat on council this November, threatened legal action against both the town and the county.
“We have a legal firm willing to take our case against the Town of Louisa and the County of Louisa,” she wrote, urging residents with property “damaged by stormwater runoff” to contact her.
Grant Routzohn, who lives along Club Road just outside the town, said that developers in the Countryside subdivision, located on the southwestern edge of town, have been cited by DEQ for multiple violations that are contributing to runoff in Tanyard Branch and Beaver Creek yet they continue to break the rules. He worries Timber Oaks will follow a similar course.
“These developers are getting away with everything. They put in the minimum of what they have to put in and then they walk off with their money, happy as can be, and we are stuck with the bllls,” he said.
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