This week in county government; BOS to consider raising transient occupancy tax; PC recommends approval of CUPs for marina, event venue
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, Oct. 16 through Oct. 21
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).
Monday, October 16
Finance Committee, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 4 pm.
Louisa County Board of Supervisors, Public Meeting Room, Louisa County Office Building, 1 Woolfolk Ave., Louisa, 6 pm. The board will convene in closed session at 5 pm. (meeting materials, livestream)
Other meetings
Tuesday, October 17
Louisa Town Council, 212 Fredericksburg Ave., Louisa, 6 pm. (agenda)
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.
Engage Louisa’s Election Preview coming Wednesday
Be sure to check your inbox and social media feeds this Wednesday for Engage Louisa’s 2023 Election Preview including a full rundown of what’s on the ballot and other pertinent voter information. We initially planned to include the preview in our regular weekly newsletter but, due to space limitations related to email delivery, opted to provide it as a standalone edition. As always, thanks so much for reading Engage Louisa. Please help us grow our audience by sharing this free, independent and 100% homegrown publication with friends and neighbors via the link below.
BOS to consider raising transient occupancy tax
The Louisa County Board of Supervisors will meet for their second October meeting on Monday night with a relatively light agenda on tap including two public hearings. In one, supervisors will consider hiking the county’s transient occupancy tax. In the other, they’ll consider providing a real estate tax exemption to one of the county’s most prominent historic resources. Check out a quick meeting preview below.
Supervisors to consider hiking transient occupancy tax: The cost to stay the night in a Louisa County hotel, bed and breakfast or short-term rental could be going up.
The Louisa County Board of Supervisors on Monday will hold a public hearing and consider whether to hike the county’s transient occupancy tax. The tax is tacked on to customers’ bills when they pay for a short stay at a hotel, B&B, STR or other lodging. The board is considering raising the tax from two percent of the cost of the lodging to seven percent, effective January 1.
State law allows localities to levy a transient occupancy tax (TOT) with revenue generated from an up to two percent tax going to the locality’s general fund. If localities impose a tax that exceeds two percent, any additional revenue up to five percent must be used to promote tourism. Revenue generated by the tax beyond the five percent threshold also goes to the general fund.
In Fiscal Year 2023, Louisa County collected $389,331 from the TOT, according to Finance Director Wanda Colvin. If that revenue remains steady, increasing the tax to five percent would generate $583,997 for tourism-related spending. Raising the tax to seven percent would generate another $389,331 for the general fund for a total of $973,328 in extra revenue. That figure roughly equates to adding a penny to the county’s real estate tax rate.
According to figures Colvin shared at the board’s October 2 meeting, revenue from the TOT has risen steadily over the last six years. The county pulled in just $89,072 from the tax in FY18. That haul jumped to $296,804 in FY21 and $381,920 in FY22 before reaching its current level.
The rise in revenue coincides with a significant increase in spending by visitors. According to recently released data from the Virginia Tourism Corporation, the county benefited from $47.44 million in direct tourism spending in 2016 and more than $69.9 million last year.
The increase in TOT revenue and other tourism dollars also coincides with the explosion of the short-term rental market at Lake Anna. County staff estimate that there are currently more than 460 STRs in the county with over 90 percent clustered around the lake. In March of 2022, staff said that 380 STRs operated in the county, per data collected by a third-party vendor. For the last two years, the property management firm Vacasa has ranked Lake Anna as the top place to buy a vacation home in the country, citing the steep return on investment for buyers who turn their dwelling into an STR.
The proliferation of STRs in lakeside developments has sparked controversy, prompting some year-round residents to push for strict regulations. At their October 2 meeting, supervisors adopted limited regulations on the lodging, which allow STRs by-right with some restrictions in most residential neighborhoods. But, amid concerns about negatively impacting tourism, the board stopped short of adopting stricter rules recommended by the Planning Commission. Those rules would’ve required most STR operators to obtain a Conditional Use Permit, which involves a public approval process and a vote by the board.
Two neighboring localities either recently hiked their TOT or are considering adding the tax, which is viewed as a good way to raise revenue without impacting residents. As of October 1, Spotsylvania County, also home to Lake Anna shoreline, raised its TOT to nine percent. Fluvanna County, which currently doesn’t levy a TOT, will consider adopting a five percent tax at supervisors’ October 18 meeting. The TOT in other neighboring counties varies. Albemarle and Hanover impose an eight percent tax while Orange and Goochland both tack on a two percent levy.
Board to consider Bracketts Farm tax exemption request: Supervisors will hold a public hearing and consider whether to exempt the Elisabeth Aiken Nolting Foundation from paying nearly $8,000 in real estate taxes annually for Bracketts Farm, a 515-acre working farm and historic site in the Green Springs National Historic Landmark District.
The foundation requested the exemption under a section of state code that allows localities to exempt nonprofit organizations from real estate taxes on property used for “religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes.”
Jack Maus, a retired attorney and member of the board that oversees the farm, told supervisors at their September 5 meeting that Bracketts meets the criteria for the exemption and that the tax relief would help the organization continue its work.
He said the farm is an important historical site that allows the public to visit and learn about the Green Springs Historic District. It’s listed as a birding destination by the Department of Wildlife Resources, offers a one-mile public heritage nature trail and operates a charity garden that produces food for the Louisa County Resource Council.
Maus acknowledged that the foundation earns rental income from the property—technically not a charitable use—but said that the money is used to “fulfill our responsibility” of keeping the doors open at one of the county’s most prominent historic resources. The foundation earns between $40,000 and $45,000 in rent annually from four dwellings on the farm.
But County Attorney Helen Phillips cited a Supreme Court of Virginia ruling that interpreted the state’s exemption statute to mean “if a property is not exclusively used for charitable purposes, an exemption should not be granted.”
Maus countered that the interpretation conflicts with previous decisions by the board to provide exemptions to other charitable organizations. He pointed specifically to the VFW in Mineral where the post’s auxiliary operates a restaurant on weekends.
“You can get a dinner there and that is not a charitable function. But they do it to raise money for the good that they do in the same way Bracketts receives rent in order to do the charitable things that we do,” Maus said.
At the request of Green Springs District Supervisor Rachel Jones, who represents the area, the board, at its Oct. 2 meeting, agreed to hold the public hearing and consider the exemption request.
Supervisors to appropriate $1 million in federal grant funding for radio tower project: Supervisors will consider a resolution appropriating $1 million in federal grant funding for construction of an emergency communications tower in southeastern Louisa County.
The county received the funding through the Department of Justice’s COPS Equipment and Technology Program. The money was originally included in a federal appropriation package, passed by Congress last December, as a Community Project Funding Request from Congresswoman Abigail Spanberger’s office. Spanberger represented the county from 2019 to 2022 when it was part of the Seventh Congressional District.
County Administrator Christian Goodwin said last week that though the appropriations package allocated the money, the county had to formally apply for it via the COPS program.
The money will be used to erect an emergency communications tower in the Holly Grove area, where radio communication coverage is spotty, and first responders sometimes have to rely on cell phones. The county’s emergency radio system was significantly upgraded in 2017 and covers about 95 percent of the county, according to Goodwin, but much of the five percent it doesn’t cover lies within challenging terrain in the southeast corner.
Supervisors initially included the project in the FY23 capital budget before asking Spanberger to submit a request for federal funding.
Board to consider budget supplement for MVFD: Supervisors will consider appropriating $11,676 to the Mineral Volunteer Fire Department for replacement of its HVAC/heat pump system. The money is included in the county’s Fiscal Year 2025 Capital Improvement Plan but, according to the proposed resolution, “the system is not working and the station is unable to wait until next fiscal year to replace it.”
Riddleberger Brothers, Inc. provided the department with a $11,676 quote to replace the system with a 14 SEER outdoor heat pump and matching indoor air handling unit. The company will connect the system to existing ductwork and electrical power, evacuate to factory specifications, start the system, charge it and check its operation. Riddleberger Brothers will also dispose of the old unit.
Board to consider greenlighting purchase of new planning and zoning software: Supervisors will consider authorizing the Community Development Department to spend up to $49,243.21 on planning and zoning software. The money is left over from the department’s purchase of permitting software, which was included in the Fiscal Year 2017 capital budget.
PC recommends approval of CUPs for marina, event venue
The Louisa County Planning Commission last Thursday night recommended approval of a pair of requests for Conditional Use Permits: one to operate a marina on Lake Anna and the other to operate an event venue that hosts indoor and outdoor gatherings. (meeting materials, video)
Planners recommend approval of CUP request to operate marina on Lake Anna: Another marina could be coming to the shores of Lake Anna.
Following a public hearing, the Planning Commission voted 6-0 to recommend that the Board of Supervisors approve Louis Bedell III’s request for a Conditional Use Permit to operate a marina with recreational vehicle sales and service and a parking facility for outdoor storage on 4.7 acres at 183 Pleasant Landing Road at the eastern end of the lake. Patrick Henry District Commissioner Ellis Quarles was absent.
The property is zoned for commercial use (C-2) and located within the Lake Anna Growth Area Overlay District in an area designated for low-density residential development on the Future Land Use Map in the 2040 Comprehensive Plan (tmp 47-11-2B, 47-11-2A).
Bedell, who has a contract to purchase the property from its current owner, Terry Godbolt, plans to offer boat and jet ski rentals and sell, repair and store boats. To accommodate those uses, he intends to construct 43 covered boat slips extending 150 feet into the lake, 20 floating jet ski slips, boat ramps, a show room, a repair area and a 300-foot, two-story boatel that could house 80 to 90 vessels. Bedell plans to use an existing home as a sales office.
Torrey Williams, an attorney representing the applicant, said that Bedell would offer some daily boat and jet ski rentals, but a portion of the slips would be reserved for customers who rent space at the site on a yearly basis. The boatel would provide those renters with indoor dry storage. The boat ramps wouldn’t be open for public use, Williams said. They’d only serve renters and customers who purchase a boat at the facility or bring a vessel in for repair.
Williams said that the project fits with the character of the neighborhood and wouldn’t be detrimental, noting that it’s next to another marina, Pleasant Landing, which hosts concerts and other high-traffic events and features a restaurant. He said the applicant doesn’t intend to do any of that. He simply wants to operate a lake-appropriate business on commercially zoned parcels that abut properties also zoned commercial.
Williams reminded the commission of the property’s history. Prior to the county’s overhaul of the zoning code in February 2021, he said, a marina was a by-right use in commercial zoning, but now requires a CUP.
“If we came on February 15, 2021, we wouldn’t have come because we would’ve been able to do this on this property already without conditions,” he said.
As part of the CUP, the applicant has agreed to 14 conditions, largely aimed at mitigating neighbors’ concerns. Among the conditions are measures to prevent boats from exceeding 10 miles per hour within the cove adjacent to the property, a provision requiring a 20 and 30-foot vegetative buffer on parts of the property and a prohibition on amplified outside noise. The facility must also provide two slips for emergency service equipment.
Williams said that Bedell has talked extensively with residents who live nearby to address their concerns and tweaked both the preliminary site plan and the conditions in response. He added that finalizing the site plan would take place after obtaining the CUP and the applicant is open to making additional changes to accommodate neighbors.
Two residents spoke in support of the project during the public hearing while one speaker asked the commission to defer action.
Gary Griffith, a Lake Anna developer, said that when the Godbolts bought the property, they expected it would be developed as a marina. He said the family is now ready to sell the parcels for a use that was by-right when they purchased them and just makes sense.
“I know we need to continually revamp the plans for the county. I know protecting the rural character is important,” Griffith said of the zoning code rewrite that changed the property’s by-right uses. “I also know that these properties that were set up for this use are valuable and they bring much more income to our county, and they provide jobs. That’s why they were planned.”
Griffith added that the property retained by-right uses that could be far more disruptive to the neighborhood, offering the example of a waterfront restaurant that features live entertainment.
But John Working, an attorney representing adjoining property owner Hugh Joyce, asked the commission to delay its vote, expressing concerns about the planned buffers and potential noise from the boatel. He said that Joyce’s property is split-zoned, commercial and residential, and, since acquiring it in 1983, he has used it solely for residential purposes. Working said county code requires commercially zoned parcels abutting residential zoning to include a 50-foot setback inclusive of a 25-foot landscaped buffer and that potential noise from the boatel needs to be studied.
Williams countered that the portion of Joyce’s property that adjoins one of the subject parcels is zoned commercial and county code doesn’t require buffers between commercially zoned properties. (It does require a 30-foot setback). Still, he said, the applicant has included in the CUP a 30-foot buffer comprised of a double row of trees along the boundary with Joyce’s parcel. Williams also suggested that a forklift removing boats from the boatel wouldn’t make significant noise.
Commissioners quizzed Williams about several aspects of the project. Several wondered how much noise might emanate from a forklift. Williams said that the forklift wouldn’t make an “abnormal” amount of noise.
Mountain Road District Commissioner Gordon Brooks asked if the applicant would be willing to add a condition capping the number of boat slips at 43. Williams said that the number of slips was, in part, determined by Dominion Energy, which owns the lake. He said that he didn’t think Dominion would allow Bedell to increase the number and he’d consult with his client about Brooks’ suggestion.
Before motioning to recommend approval of the CUP, Cuckoo District Commissioner George Goodwin, who represents the area, praised Bedell’s efforts to work with neighbors and mitigate their concerns.
“This process may be a model for the way you would like to see something go. I saw future neighbors start out with concerns. I saw the applicant either address, try to address, agree to continue to address everything including the (issues) I brought up in the pre-application meeting. I saw attitudes toward Mr. Bedell’s project totally change,” Goodwin said.
Commissioners ok CUP request for event venue: Commissioners held a public hearing and recommended that the Board of Supervisors approve Everleigh Vineyards and Brewing Company’s request for a Conditional Use Permit to operate a special occasion facility on roughly 132 acres at 9845 Jefferson Highway in eastern Louisa County. The applicant is also asking for permission to host outdoor gatherings.
For about a year, Everleigh has operated a winery and brewery on the agriculturally zoned parcels (A-1, tmp 73-26, 73-32). Now, the company wants to host weddings, concerts, craft fairs, car shows and other events.
Barbara Evers, who owns and operates the vineyard with her husband, Joseph, said that the additional uses wouldn’t negatively impact the neighborhood, noting that the size of the property and existing trees provide ample buffers. She said that the vineyard has hosted some indoor concerts, art shows and other events and has had few issues.
“We’ve been well-received. People have enjoyed coming out and have had little to no problem with our establishment,” Evers said.
Evers said the property is well positioned to host events, pointing out that it’s served by a paved commercial entrance off Route 33 and has a secondary entrance that could be used in case of emergency. It also has plenty of space for parking.
As part of the CUP, the applicant has agreed to 12 conditions. Those conditions would cap event attendance at 500 people except for weddings, which couldn’t exceed 120 guests, cap the number of weddings at 15 per year, cap outdoor gathers at 30 annually, and require events to end by 9:45 pm.
No community members weighed in during the public hearing.
After a brief discussion between the commission and the applicant, Jackson District Commissioner Cy Weaver, who represents the area, motioned to forward to the board a recommendation of approval. He said that he had talked with several neighbors about the proposal, and they had few concerns. The commission voted 6-0 in support of Weaver’s motion.
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