This week in county government; Supervisors punt on considering regulations for short-term rentals; BOS roundup; Deeds announces bid in SD11
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, Sept. 26 through Oct. 1
For the latest information on county meetings including public meetings of boards, commissions, authorities, work groups, and internal county committees, click here.
Tuesday, September 27
Beaver Creek and Tanyard Branch Stormwater Meeting, Extension Conference Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 12 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.
Supervisors punt on considering regulations for short-term rentals
The Louisa County Board of Supervisors last week punted on considering controversial regulations for short-term rentals. But rules for the popular lodging option could soon be back on the board’s agenda. (meeting materials, video)
At their September 19 meeting, supervisors pulled a public hearing on a draft short-term rental ordinance that would’ve established a county-wide registry for the properties, a hotly contested occupancy cap, and other regulations. Board Chair Duane Adams (Mineral) cited the potential for “General Assembly action on (the) issue” as the reason for the last-minute cancellation.
In a brief interview after the meeting, Adams said that the possibility of state action was one of several reasons the board put the brakes on the proposal, which has ignited heated debate especially in his Lake Anna-centered district. Short-term rentals, typically offered on online platforms like Vrbo and Airbnb, are available county-wide but particularly popular around the lake where vacationers flock to rent homes from residents and investors.
In the days leading up to the hearing, Adams said he heard from constituents who had questions and concerns about what supervisors might adopt. The board opted to delay the hearing to allow additional public input, address concerns, and consider potential action from Richmond, he said.
“This is a big issue. Why run in to this when we have time to walk,” Adams said, noting that the high season at Lake Anna is over and there’s time to “take a deep breath.”
Adams and Cuckoo District Supervisor Willie Gentry, who represents much of the lower end of the lake, plan to reconvene a stakeholders’ group that met earlier this year to continue discussion about an STR ordinance. Adams said he expects that the group, which includes Lake Anna residents and representatives of the business community, will hold a public meeting in early to mid-October.
Adams didn’t provide a specific timeline for when an STR ordinance could be back in front of supervisors, but he said the board doesn’t intend to “kick the can down the road.”
Regulating STRs
Over the last several years, STRs have exploded in popularity across the country and Louisa County is no exception.
In March 2022, there were 380 dwellings available as short-term rentals in Louisa, according to a survey of online platforms conducted on the county’s behalf. Many, but not all, were clustered around the lake.
A recent study by the vacation rental management company Vacasa ranked Lake Anna as the top place in the country to invest in a vacation home, noting that the median sales price for a home is $435,000 and the average annual gross rental revenue over the last 12 months was $81,293, a 12.2 percent return on investment.
Earlier this year, a group of Lake Anna residents, many from the Overton Fork subdivision, urged the county to craft rules for short-term rentals, which aren’t explicitly regulated in county code. The residents argued that STRs are businesses operating in residential neighborhoods and require regulation to protect the character of their communities, public safety, and the health of the lake. They complained at county meetings that overcrowded STRs are ruining the tranquility of their neighborhoods and cited concerns about failing septic systems harming the lake’s water quality, increased traffic, fire safety, and other issues.
The STR ordinance currently proposed, which cleared the Planning Commission in June in a 5-2 vote, includes several provisions that respond to residents’ concerns.
The draft ordinance defines a short-term rental as the “rental of a dwelling for periods of 30 days or less” and classifies it as a commercial use that’s permitted by-right in most zoning designations and via Conditional Use Permit in commercial and industrial designations.
The proposed ordinance establishes a county-wide short-term rental registry, requiring operators to pay a $50 registration fee, imposes a two-person per bedroom occupancy cap unless a home has an oversized septic system, and requires STR operators to submit a property management plan to the county that includes a point of contact to “respond to complaints, clean up garbage, manage unruly tenants and utility issues, etc.” The draft ordinance also mandates septic system inspections at least every two years and requires that renters park in driveways or designated parking spaces, among other regulations.
STR operators who fail to register their property or otherwise violate the ordinance would be subject to a maximum $500 fine per violation and could be barred from offering the property as an STR after multiple violations.
While some lake residents have welcomed the proposal, it’s met resistance from the Louisa County Chamber of Commerce, STR operators, and owners of lake-centric businesses. They’ve taken issue with the occupancy cap, among other concerns, arguing that it could hurt tourism and the broader local economy. Some STR operators also say that the rules infringe on property rights.
Adams acknowledged concerns about the occupancy cap and how the county could regulate septic systems, saying “that’s the axle this all turns on.” He said the board doesn’t want to “overreach” in its regulations and wants to “get it right.”
State action
Politicians in Richmond ultimately determine how localities can regulate short-term rentals. State law currently allows local governments to establish, by ordinance, a registry for the properties and to impose fines for violating the registry ordinance. The law, adopted by the General Assembly in 2017, largely affirms local control over STRs, providing localities space to regulate the rentals to meet the needs of their community.
As a patchwork of STR regulations have cropped up across the state, some legislators and industry lobbyists want to tweak that framework. At the board’s September 6 meeting, David Blount, legislative director for the Thomas Jefferson Planning District Commission, told supervisors that, during the upcoming General Assembly session, he expects lawmakers will consider legislation that reins in local control over STRs. Blount said that he hasn’t seen any specific proposals, but legislators could take action that nullifies many local ordinances.
“We are anticipating that there’s going to be some legislation that would seek to restrict local authority as it relates to short-term rentals, particularly in some areas related to permitting, zoning, and parking that are coming from the proponents of the short-term rental business,” he said.
While he’s keeping an eye on Richmond, Adams suggested that potential state action shouldn’t stop Louisa from continuing its effort to enact STR rules tailored to its needs. He said there’s always a chance the legislature will adopt laws that supersede local code no matter the topic.
Community members speak out
The public hearing’s belated cancellation didn’t stop some residents and STR operators from speaking out. Seven community members weighed in on the proposed regulations during the board’s public comment period, mainly reiterating arguments made at previous public meetings.
Several residents focused on how STRs are negatively impacting their community.
Dennis Wallingsford, an Overton Fork resident, told the board that his subdivision has experienced myriad issues with short-term rentals, recounting how renters have trespassed on boats and golf carts, thrown trash in the community’s common area, monopolized its swimming beach, and ignored its speed limit and no wake zone.
He urged the board to adopt what he termed a “very moderate” ordinance, zeroing in on his concern about over-occupancy and countering claims that regulating STRs will lead to economic calamity.
“How can you argue against limiting occupancy to the design capacity of the septic system when almost half the lake is unfit for swimming and even your dog can’t roam there,” Wallingsford said, referencing the Harmful Algal Blooms that have plagued the upper end of the lake for the past five summers. The blooms’ growth has been linked to excess nutrients like phosphorus and nitrogen, which can come from septic systems.
“Contrary to what some short-term rental owners and managers say, this proposal does not prevent or shut down any STRs. It does not cause anyone to lose their house to foreclosure. It does not cause any businesses to fail and it does not cause anyone to declare bankruptcy. It does protect property owners. It increases occupant safety, and guards the community interest,” Wallingsford continued.
Two residents who own short-term rentals took a different view, arguing that STRs shouldn’t be singled out for special treatment.
Mark Ainsworth, who operates an STR part-time at his Lake Anna home, told the board that during the summer his neighbor routinely has 25 to 30 guests, but local government isn’t trying to impose an occupancy cap on his house because he’s not operating a short-term rental.
“If we are going to have regulations against short-term rentals for septic systems and everything else we are talking about, the same things should apply to all Americans who live in a three-bedroom or a four-bedroom (house)…that you can’t have extended family there for the holidays, damaging your septic and drain field,” he said.
Kate Killham, another STR operator, agreed, noting that many homes on the lake and beyond are frequently over-occupied regardless of their use. She said if the county is concerned about failing septic systems, supervisors should impose a county-wide mandatory pump-out schedule.
Killham said that many of the residents arguing for a strict occupancy limit and other rules have no evidence to back up their claim that overused septic systems are harming the lake’s water quality and the county has no idea what the economic impact of the proposed regulations could be.
“Before passing these arbitrary and capricious regulations, the county should fund an economic and environmental impact study,” she said.
Sharon Duke, who operates a short-term rental far from the lake’s shores, among the farms in Green Springs, took issue with the proposed regulations’ blanket approach. She said the rules are tailored for Lake Anna but would apply county-wide and, in her view, that doesn’t make a lot of sense.
“I think this is something subdivisions need to deal with. We are not in a subdivision. This makes me think back to being in grade school when one person in the class misbehaved and everybody lost recess. I don’t see why this should be a blanket policy,” she said.
BOS roundup: board briefed on Regional Transit Vision Plan
Although the Board of Supervisors cancelled the marquee item on its agenda Monday night, a public hearing to consider regulations on short-term rentals, it conducted other noteworthy public business. Check out the meeting highlights below. (meeting materials, video)
Board briefed on Regional Transit Vision Plan: What could regional transit look like in Louisa County in the years to come?
Supervisors got a glimpse of a pair of transit visions last week, courtesy of the Thomas Jefferson Planning District Commission.
Representatives from the TJPDC and its transit consultant Jarrett Walker and Associates briefed the board on the Regional Transit Vision Plan, a roadmap for providing high-quality transit across the six localities in the planning district—the counties of Louisa, Albemarle, Nelson, Fluvanna, and Greene, and the City of Charlottesville—as well as Buckingham County, which, like the other localities, is served by regional transit provider JAUNT.
The TJPDC, along with local leaders, transit agencies, and a wide array of stakeholders, began crafting the plan in 2021. Over the last year and a half, the organization, in cooperation with the Regional Transit Partnership, convened stakeholder meetings and conducted a public survey to determine the region’s transit priorities and make recommendations for reaching those goals.
The draft plan, which is expected to be finalized in October, focuses on expanding public transit opportunities for all residents in the region, reducing the reliance on automobiles, and helping protect the environment.
The draft lays out both a constrained and unconstrained transit vision. The constrained version considers funding limitations while the unconstrained version envisions a regional transit future unburdened by limited financial resources.
Consultant Scudder Wagg reminded supervisors that Louisa County is currently served by one public transportation option: an on-demand circulator service operated by JAUNT. That service provides rides to residents within the county and into Charlottesville, operating five days a week from 6 am to 5 pm and requiring day-ahead reservations. Under the constrained vision, the county would see expanded service with the circulator providing on-demand rides, with day-ahead reservations, from 6 am to 7 pm, seven days a week.
Wagg said that the unconstrained vision would provide much broader public transportation upgrades. For Louisa, it would include the expanded circulator service offered under the constrained vision, an hourly, fixed route service connecting the Town of Louisa to Zion Crossroads and Charlottesville that operates seven days a week, and a “true on-demand” service offered in zones around the Town of Louisa and Zion Crossroads. With the latter service, resident could call or use an app to get a ride within 30 to 45 minutes.
Beyond Louisa, JAUNT and Charlottesville Area Transit would see expanded service in both the constrained and unconstrained versions. The constrained vision assumes $26 million in annual regional transit revenue, potentially derived from a regional transit authority, and about $9.5 million in federal and state funding. The unconstrained vision assumes a $70 million annual budget. The pre-pandemic budget for both JAUNT and CAT was about $19.5 million annually.
TJPDC Planner Lucinda Shannon told the board that as a parallel to the plan, the commission is conducting a governance study to explore forming a regional transit authority that would fund public transit services and projects across the planning district. She said the authority could be modeled after the Central Virginia Transit Authority, which serves the Richmond area.
“The governance study is just going to look at how we can bring the revenue in and also how we would govern that revenue and make decisions as a region about how it would be spent,” she said, noting that the study committee will include a representative from each locality in the TJPDC “to find something that will work for all of the jurisdictions.”
The CVTA encompasses the City of Richmond and surrounding counties including Louisa’s neighbors Goochland and Hanover. Formed in 2020, it provides funding for regional transportation projects and transit—from widening roads to expanding bus service—via an 0.7 region-wide sales and use tax, a 7.6 percent tax on wholesale gasoline, and a 7.7 percent tax on wholesale diesel fuel. In its inaugural year, it raked in $137 million.
For every dollar raised, the authority gives 50 cents back to localities for local transportation projects, dedicates 35 cents to regional projects, and 15 cents to regional transit. In 2021, the authority began work on its first regional project, the Fall Line Trail, a multi-use path like the Virginia Capital Trail. When complete, the trail will stretch from Petersburg to Ashland, crossing five of the nine localities in the CVTA.
Several supervisors reacted skeptically to the draft vision plan. Mineral District Supervisor Duane Adams asked how much the two versions would cost Louisa, noting that the county currently allocates about $300,000 to JAUNT.
Wagg said that the plan doesn’t specify how much each locality would pay directly but noted that, assuming transit revenue is derived from a regional source, Louisa’s costs could go down under the constrained vision.
“More service, less cost. That sounds like a government position not a realistic position,” Adams responded.
Cuckoo District Supervisor Willie Gentry, who serves on JAUNT’s Board of Directors, said that he hadn’t heard much discussion about the regional transit plan prior to Monday night. He wondered why the area would need a new regional transit group when JAUNT already exists.
Wagg said that there’s a difference between a transit provider and a transit authority, which would act as a funding source. He noted that currently localities negotiate directly with JAUNT to determine service levels and funding. Under an authority, funding for JAUNT and other agencies could be derived from a regional source whose governing body might divvy up services based on its own formula.
“This governance study will dive more into the details about if you wanted to significantly expand service using a model that gets revenue across the whole region, how might you set that up and how might you set up the governance and decision-making of that type of entity,” Wagg said.
Shannon said that JAUNT and other transit agencies collaborated with TJPDC and its consultants on the transit plan.
“JAUNT was involved with the vision plan and still is. We had a three-day workshop with all of the transit service providers that JAUNT participated in. They helped us come up with this plan for service in the rural areas,” she said.
Supervisors move to hold public hearing on buffer requirement for subdivisions in A-2 zoning: In February 2021, supervisors axed a requirement that by-right subdivisions in agricultural zoning (A-2) include an up to 100-foot tree-lined, roadside buffer or a 400-foot agricultural buffer. Now, the board is considering making that move retroactive.
At the request of Louisa District Supervisor Eric Purcell, the board moved to hold a public hearing to consider repealing the buffer requirement for subdivisions regardless of when they were created. It’s unclear if the proposal requires a public hearing in front of both the Board of Supervisors and the Planning Commission.
Purcell said the board opted to remove the requirement last year, so he sees no point in keeping it in place for subdivisions created prior to the provision’s repeal.
“I just don’t think it’s anything the county needs to be involved in. We saw fit to do away with (the buffer requirement) and now you have a bifurcated system where you are trying to enforce things that happened prior to a date and you are not worried about things that happened after a date. That doesn’t make any sense,” he said.
Mountain Road District Supervisor Tommy Barlow said that when the board repealed the requirement, the intent was to get rid of buffers for all by-right A-2 subdivisions regardless of the date they were created.
Board approves CUP for home that exceeds height limit: With no discussion, supervisors unanimously approved Gerry Decker’s request for a Conditional Use Permit to allow his home in the Cuckoo Voting District to exceed the maximum allowed building height for detached single-family dwellings in residential (R-2) zoning.
Decker applied for the CUP to allow his residence, currently under construction on a 1.1-acre parcel (tmp 46-42-1) in the Rum Point subdivision on Lake Anna, to exceed the maximum permitted height of 40 feet. As designed, the home reaches 46 feet, 8 inches. County officials didn’t notice that the dwelling would exceed the height limit until an advanced stage of construction.
Senior Planner Tom Egeland told the Planning Commission at its August meeting that the dwelling’s proposed height wasn’t stated on the permitted building plans and the building inspector noted its “extraordinary height” in the field during construction. Staff then confirmed that the structure exceeded the height limit from a scale elevation drawing included in the building permit file.
Decker didn’t speak during Monday’s public hearing, but he told the Planning Commission that requiring a reduction in the home’s height now would cost thousands of dollars and negatively impact his neighborhood. He said that, as constructed, the home isn’t a detriment.
“I’m not blocking anyone’s view. I’m not hampering anyone’s view. I’m not in a utility zone. I’m not in a flight path. I’m nothing. I’m just 46 (feet), eight (inches),” he said.
Two adjoining property owners and the president of the Rum Point Homeowners’ Association submitted letters in support of the request, echoing Decker’s argument.
“The home (Decker) is building does not interfere with my view at all and will be beautiful when complete. If the roof line were to change at this point to shorten the home, all of us would be stuck with an unattractive home forever. That wouldn’t be good for Mr. Decker or the other neighbors,” Jeff Smith, an adjoining property owner, wrote.
Egeland said in August that, at the time the home was permitted, the county’s building permit application form for residential dwellings didn’t include a field for proposed height to be filled in by an applicant but there was a field for maximum height. The current form has a field for both proposed and maximum height, he said.
Supervisors approve supplemental appropriation to Louisa County Public Schools for three new teachers: Supervisors unanimously approved a $243,327.72 supplemental appropriation to Louisa County Public Schools to cover salaries and fringe benefits for three new teachers.
The school division received additional money during FY22 due to increased enrollment, which the county carried over to FY23. The appropriation will be drawn from carryover funding, per the approved resolution.
According to data from the Virginia Department of Education, Louisa County Public Schools’ enrollment rose from 4,984 students in 2020-21 to 5,168 in 2021-22. Grades 9 through 12 saw the largest enrollment jump with the number of students rising from 1522 to 1642.
Deeds declares candidacy in SD11
Sen. Creigh Deeds last week officially announced that he’ll vie for another term in the state Senate in 2023, this time in the newly drawn 11th District.
Deeds, a Democrat first elected to the Senate in 2001, said he’ll continue to stand up to what he termed the “backwards, regressive Youngkin Administration” in a written statement announcing his candidacy.
“The Virginia Senate stands as a brick wall against the backwards, regressive Youngkin Administration. It is up to Virginia voters to not only reject these divisive principles but elect leaders that will fight to protect the fundamental freedoms Virginians have come to rely on,” Deeds said. “As long as I'm in the Senate, you can best believe I will do all that I can to prevent Governor Youngkin from taking us backwards."
All 40 seats in Virginia’s Senate are up for grabs in revamped districts next year thanks to the 2021 redistricting process. A map finalized by the Virginia Supreme Court last December sent about 63 percent of Deeds’ current constituents in the 25th District to the 11th but drew his long-time home in Bath County into the 2nd District. Deeds said earlier this year that he intended to move to Charlottesville, which he’s represented for more than two decades, to run in the 11th. Democrats narrowly control the Senate, 21-19.
The new 11th includes the City of Charlottesville, all of Albemarle, Nelson and Amherst counties and a slice of western Louisa. About 7,500 Louisa voters live in the district, which encompasses the Green Springs 1 and 2, Patrick Henry 1, and Louisa 3 precincts. The rest of Louisa was drawn into the 10th District. (Click here for Louisa County’s new precinct map. Click here to learn more about the 10th Senate District).
Based on results from previous elections, the 11th is friendly terrain for Democrats. Former Governor Terry McAuliffe (D) easily won the district in his failed gubernatorial bid last November. McAuliffe garnered about 58 percent of the vote to Governor Glenn Youngkin’s (R) 41 percent, according to an analysis by the Virginia Public Access Project.
The first Democrat or Republican to jump in the race, Deeds plugged endorsements from more than a dozen local officials in his campaign announcement including Charlottesville Mayor Lloyd Snook, three other members of the Charlottesville City Council, Albemarle County Board of Supervisors Vice Chair Bea LaPisto-Kirtley, and Nelson County Supervisor Robert Barton.
“Senator Deeds has a long-standing record of fighting for Charlottesville as well as communities across the commonwealth. I look forward to continuing to partner with him in Richmond as we fight for a better, more equitable and inclusive Virginia,” Snook said.
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