This week in county government; BOS holds quick meeting as contentious issues loom; News roundup
This week in county government; BOS holds quick meeting as contentious issues loom; News roundup
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, October 24 through October 29
For the latest information on county meetings including public meetings of boards, commissions, authorities, work groups, and internal county committees, click here.
Tuesday, October 25
Human Services Advisory Board, Human Services Building Conference Room, 103 McDonald Street, Louisa, 11 am.
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.
Board of Supervisors holds quick meeting as contentious issues loom
The Louisa County Board of Supervisors dispatched with public business in short order last Monday night, but the quick and quiet meeting could just be the calm before the storm. (meeting materials, video)
Supervisors and residents raised several contentious issues that are expected to soon be on the board’s agenda, from potential regulations for short-term rentals to a rezoning request for a mixed-used development proposed at Lake Anna.
Check out the meeting highlights and a look at several pending issues below.
Residents raise concerns about LA Resort rezoning process: A mixed-used development proposed for a prime piece of real estate on Lake Anna has sparked backlash from neighbors, some of whom question the county’s handling of the rezoning process.
Two Lake Anna residents spoke during the board’s public comment period Monday night, criticizing the county’s efforts to solicit community input on LA Resort, LLC’s request to rezone about 15.2 acres just west of the Route 208 bridge from commercial (C-2) to Planned Unit Development (PUD). The rezoning would clear the way for an up to 96-unit residential condominium building, a 130-room hotel, a 150-seat restaurant/bar, ancillary retail, and a marina fronting Mitchell Creek. LAR also requested a Conditional Use Permit that would allow the residential building to reach 80 feet, 20 feet higher than what’s permitted in county code.
Phil Winston, a neighboring property owner, asked the board to reinitiate the rezoning’s approval process, which requires public hearings in front of the Planning Commission and Board of Supervisors. The commission voted 4-2 earlier this month to recommend that supervisors approve the rezoning. A motion to recommend approval of the CUP failed in a 3-3 vote.
Winston said that few residents knew about an August 31 neighborhood meeting that kicked off the rezoning process because only adjacent property owners received notice. He said he learned of the meeting from Mike Grossman, the project’s lead developer, and scrambled to notify neighbors. About 20 community members attended the meeting where they grilled the developer and county staff with questions for about two hours.
“The neighbors on either side of the (subject) property got notified. On the edge of that property is the lake and (the proposal) affects everyone on the other side of (Mitchell Creek). None of them got a notification whatsoever,” Winston said.
Dan Tomlinson, another Lake Anna resident, expressed similar concerns. He called on the board to slow down the approval process and allow more time for community input.
“Give the county residents an opportunity to participate in the discussion and then proceed once they’ve answered the suitable questions and accurately determined the cost of the project and the benefit to the county,” Tomlinson said. “I believe most residents of this county like myself would oppose such a grandiose project in this rural district. We moved here from near Washington, DC to get away from that type of development.”
Louisa County has followed its normal protocol for the rezoning request, much of which is dictated by state code. The county first hosts a neighborhood meeting, which isn’t required by the state. The meeting is designed to give neighbors or neighborhood organizations the opportunity to discuss concerns about the request, according to the county’s website. The county provides written notice of the meeting to adjoining property owners and owners of parcels directly across the street. It doesn’t publicly advertise the meeting on its website or in the newspaper.
The county notifies the same property owners about public hearings in front the Board of Supervisors and Planning Commission and twice advertises those hearings in the newspaper as required by state code. It also advertises public hearings on its website and places a sign on the subject property notifying residents of a pending land use action. The sign directs residents to contact the county for more information.
Beyond his issues with public notice, Winston reiterated two concerns expressed by neighbors during the Planning Commission’s public hearing. He questioned the county’s handling of emails that residents sent to commission members and the adequacy of an environmental report submitted as part of the rezoning application.
With respect to the emails, Winston said residents’ submissions were excluded from the meeting’s official record because they were sent directly to commissioners instead of an email address on a notice for the public hearing. After commissioners and staff discussed the issue during the hearing, County Attorney Helen Phillips suggested that residents submit emails via the official address prior to the Board of Supervisors’ public hearing for inclusion in the public record. At publication time, the board hadn’t set a date for the hearing.
Winston said residents feel they’re being ignored.
“We had people that wrote lengthy (emails) and gathered information to send in to basically, in our opinion, be told, ‘throw that out, we’re not going to put that in.’ We got one email into the public records,” he said.
Winston also questioned the adequacy of a Phase One Environmental Assessment that LAR submitted as part of its rezoning application. He and other residents point out that the assessment looks at current conditions on the property but doesn’t consider the proposal’s future impact. That falls short of a provision in the county’s PUD ordinance requiring applicants to submit an environmental impact study, Winston said.
Community Development Director Josh Gillespie said at the Planning Commission meeting that, based on past practice, a Phase One Assessment meets the county’s requirement.
Senior Planner Tom Egeland said that several citizens have expressed concerns that, when approving development on Lake Anna, additional studies like a threatened and endangered species assessment and cultural resources assessment should be required. He suggested that the commission and the Board of Supervisors consider updating the county’s requirements for future applications.
Short-term rental work group debates occupancy cap: A county work group tasked with considering potential rules for short-term rentals met for more than two hours in mid-October, finding common ground on some proposed rules but continuing to haggle over a controversial occupancy cap.
STRs, a lodging option typically offered on platforms like Vrbo and Airbnb, are available county-wide but particularly popular around Lake Anna. Their proliferation in lakeside subdivisions have drawn tourists and investors while raising concerns among some year-round residents, who’ve pushed for the county to regulate the rentals.
As currently proposed, the occupancy provision would cap visitors to two per bedroom unless a homeowner obtains a report from a licensed engineer demonstrating that their dwelling’s septic system can handle additional capacity. Occupancy for homes on a sewer system would be determined by the dwelling’s Certificate of Occupancy.
John Romano, who developed the Noah’s Landing subdivision and owns an STR, warned that the cap could negatively impact tourism at the lake and urged the county to conduct an economic impact study prior to adopting regulations.
Citing information he received from an economics professor, Romano said that the occupancy cap could cost the county some 900 jobs and cut in half the revenue annually generated by vacationers who stay in STRs. He said, if the county insists on moving forward with a provision capping occupancy, the ordinance should set the cap at three people per bedroom. The county should then collect data over the next few years and revisit the issue, he said.
Mineral District Supervisor Duane Adams and Cuckoo District Supervisor Willie Gentry, who represent the lake, said that they’d like to raise the occupancy cap to three people per bedroom, but must abide by septic system design specification laid out in state code.
“I think we need to be clear. You could get a septic system for maybe five people per bedroom. The county’s sweet spot is three. That’s where we all want to get. We’ve got to get there legally,” Adams said.
Representatives from the Blue Ridge Health District explained that Virginia Department of Health regulations include guidelines for the daily flow a septic system is designed to handle: 150 gallons per day, per bedroom. That figures assumes one person will contribute 75 gallons of flow per day.
With that in mind, health department officials proposed a middle ground that allows a homeowner to present a report from a licensed engineer demonstrating a system can handle additional capacity. Alternatively, a homeowner could install an oversized system.
Proponents of a strict occupancy cap argue that overcrowded STRs could lead to septic system failures, threatening the health of the lake. They’ve also expressed concerns about fire safety if visitors are staying in rooms with inadequate egress.
The group didn’t reach a consensus on how to handle the occupancy provision. But Adams said staff would further research what’s allowed under state code including if the county could use an occupancy standard based on a bedroom’s square footage.
The group briefly discussed requiring STRs to obtain a Conditional Use Permit, a provision not included in the draft regulations, but required for other temporary lodging options in residential zoning. The group is expected to discuss the CUP issue in more detail at its next meeting.
As passed by the Planning Commission, 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.
A memo from County Attorney Helen Phillips states that, per county code, bed and breakfasts, cottages, two-family dwellings, and boarding houses currently require a Conditional Use Permit in residential zoning districts (R-1, R-2). It also notes that commercial uses are largely prohibited or require a CUP in residential and agricultural (A-1, A-2) districts.
Adams said that he doesn’t support requiring the proprietor of an existing STR to obtain a CUP, which would likely mean a weeks-long public approval process and a vote by the Board of Supervisors.
Grayson Hoffman, whose wife, Ashley, is one of the lake’s top realtors, warned against adopting the requirement.
“If we install a CUP process…it will absolutely obliterate investment in Lake Anna,” he said, adding that the requirement would introduce uncertainty for potential investors who will instead go to Smith Mountain Lake or Lake Gaston.
In a report to his colleagues Monday night, Adams said the work group will likely hold another meeting in November before bringing a proposed ordinance to the board.
Draft rules
Since they were first introduced in March, county officials have pared down the draft STR rules and they could see additional changes. As proposed on a document shared at the work group’s meeting, the rules require STR operators to:
Complete an annual registration and pay a $50 fee. This provision would help the county track STRs and ensure payment of the county’s 2 percent transient occupancy tax.
Provide a property management plan. The plan only requires STR operators to provide a local point of contact when filling out the annual registration.
Provide to renters Louisa County Code provisions relating to noise and solid waste as well as the county’s definition of Special Occasion Facilities and Gatherings. The provision aims to ensure that renters are aware of county rules regarding trash disposal, noise, and special events. The latter generally requires a Conditional Use Permit.
Perform a septic system inspection every 24 months via a licensed inspector. This provision aims to mitigate the potential impacts of septic/drain field failures on neighbors.
Limit occupancy to no more than two visitors per bedroom with the number of bedrooms set by the VDH permit (septic) or Certificate of Occupancy (sewer) with the caveat that increased occupancy is possible with the VDH engineer report. This provision aims to ensure a safe occupancy level for short-term rentals and limit the impact on septic systems.
Provide and maintain safety equipment in accordance with the Uniform Statewide Building Code. This requirement aims to ensure the safety of visitors during their stay.
In addition, the draft regulations prohibit the use of STRs for special events and impose a fine for violating any of the above rules not to exceed $500 per violation. The proposal would allow the county to prohibit habitual offenders from offering a specific property as a short-term rental.
Affordable housing work group faces tight deadline to submit plan to HUD: County officials face a tight deadline to submit a plan to the US Department of Housing and Urban Development that provides details about potential locations for a proposed affordable housing development. In March, the county received a $775,000 HUD grant to support the project. Congresswoman Abigail Spanberger (D-VA07) requested the funding with Board of Supervisors’ backing.
During a meeting of the board’s affordable housing work group last Monday, Assistant County Administrator Chris Coon said the county has until December 31 to submit a plan to HUD that identifies several locations for the community. He said securing HUD’s approval for an initial plan is the first step in fulfilling the grant’s requirements. The county has until September 2030 to spend the funding, according to County Administrator Christian Goodwin.
“We are on the clock for the plan. Once we have that then we’ve got some time to get everything moving,” Coon said, noting that the work group first needs to bring its plan to the Board of Supervisors for approval before submitting it to HUD.
Finding a suitable location for the project has, so far, proved challenging.
The county initially received the funding for Ferncliff Place, a mixed-income neighborhood that officials hoped to build in partnership with Habitat for Humanity of Greater Charlottesville. The community was expected to include some 80 homes with 25 reserved for residents making between 25 and 60 of the area’s median income, currently about $61,000 a year for a family of four.
But the development’s proposed location, roughly 13 acres of county-owned land at the corner of Route 250 and Mallory Road, sparked the ire of neighbors who complained that the property is ill-suited for dense development, citing concerns about the destruction of wetlands, increased traffic, and public safety.
The backlash spurred the board to create a work group to evaluate potential locations. The group, composed of Patrick Henry District Supervisor Fitzgerald Barnes and Cuckoo District Supervisor Willie Gentry, provided a report to the board in September 2021 in which Barnes said the project wouldn’t move forward on the Ferncliff parcel and Gentry said they hoped to find land in or around the Town of Louisa.
Gentry said on Monday that the group’s search for locations around the town hit roadblocks, in part, because of a negative perception of affordable housing.
“We never really got strong support from the town because of (that) attitude…so, it’s been an uphill struggle,” Gentry said. “It gets frustrating because we know the need exists, but we don’t seem to be making progress.”
The work group didn’t discuss any potential locations in open session during Monday’s meeting nor did officials provide any details on their vision for the project. It’s unclear how much flexibility the county has in expending the funds given the specificity of its initial proposal.
The work group convened most of the meeting in closed session, citing a Freedom of Information Act exemption that allows government officials to discuss contracts behind closed doors.
In a brief report to supervisors Monday night, Gentry said the group had a “very successful meeting” and plans to brief the board on its work in the coming weeks, noting the tight timeline to submit a plan for HUD approval.
Gentry reiterated that optimism in a follow up conversation with Engage Louisa Friday afternoon. He said that the work group is considering several potential locations for the development but admitted that identifying sites is just the first step in a lengthy process.
Gentry said the county is considering partnering with the Fluvanna/Louisa Housing Foundation on the project and hopes to tap other state and federal funds beyond the HUD grant. FLHF Executive Director Kim Hyland attended the meeting.
He added that the Ferncliff Place proposal was “unique to that area” and the sites currently under consideration may not support such a large development.
Affordable housing is defined by HUD as housing that costs no more than 30 percent of a household’s income. State code defines the term as housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than 30 percent of their gross income for housing. By those metrics, the availability of affordable housing is a serious concern in Louisa County.
A 2021 report from the Central Virginia Regional Housing Partnership shows that nearly 12 percent of households in Louisa County are either cost-burdened, spending over 30 percent of their income on housing, or severely cost-burdened, spending over 50 percent of their income on housing. About 22 percent of renters making 80 percent or less of the area’s median income are cost-burdened or severely cost-burdened, per the report, while eight percent of homeowners making 80 percent or less of AMI are severely cost-burdened.
Barlow pushes for county to consider property separated by a fee simple right of way as separate parcels: Mountain Road District Supervisor Tommy Barlow, a surveyor by trade, proposed that the board clarify the way the county treats parcels that are separated by a “fee simple right of way strip,” namely a county, state, or federal road.
Barlow said that, prior to 2015, the county considered those properties as separate tax map parcels. But, since then, properties that straddle a road or highway have been lumped into one parcel.
“(Our interpretation says) that they are physically separated parcels but not legally separated. Everybody I’ve talked to said this makes no sense. I think our ordinance needs to reflect common sense,” he said.
Specifically, Barlow proposed that “any parcel of land in Louisa County that is physically separated by a fee simple right of way strip (federal, state or county) shall be deemed as separated and constitute separate tax parcels. Further, any parcel so divided, the separated parcels may be considered contiguous parcels qualifying for land use taxation consistent with current county policy.”
Barlow said he spoke with Commissioner of the Revenue Stacey Fletcher about his proposal and she confirmed that the county currently considers land separated by a road and under the same ownership as contiguous for the purposes of its land use program.
County Attorney Helen Phillips said that the Virginia Supreme Court has twice ruled on the issue with one case involving a voluntary conveyance to VDOT and the other involving land taken via eminent domain. In both decisions, Phillips said, SCOVA ruled that a road splitting a parcel does not alone make it two parcels. She said if the “conveyance did not, by a metes and bounds description, separate what was on one side then it’s one parcel,” per the court.
Barlow argued that at least one of the court’s rulings was specific to Prince William County’s ordinance and shouldn’t impact Louisa.
The board voted unanimously to send Barlow’s proposal to the Planning Commission for review.
News roundup: VA05 race heats up; LABP unveils proposed Lake Anna license plate
Good, Throneburg set to appear at Hampden-Sydney forum, file campaign finance reports: With Election Day fast approaching, the race for the 5th Congressional District seat is heating up. This week, voters finally get a chance to compare the candidates side by side.
Incumbent Republican Bob Good and his Democratic challenger Joshua Throneburg will face off in their lone debate this Wednesday, October 26, at 7 pm at Hampden-Sydney College’s Crawley Forum. WSET Channel 13 news anchor Mark Spain will moderate the hour-long event. The Lynchburg station will livestream the debate on its website and the Throneburg campaign plans to provide a livestream on its Facebook page.
In other campaign news, both candidates filed their latest fundraising reports with the Federal Election Commission in mid October. The reports detail donations from July 1 through September 30. Throneburg outpaced Good in contributions during the fundraising period, tallying $272,550 to Good’s $211,569. Good remains ahead of Throneburg in cash on hand with $316,671 in the bank to Throneburg’s $156,474.
Election Day is Tuesday, November 8 and early voting is ongoing at the Louisa County Registrar’s Office. (See below).
To learn more about the race, check out Cardinal News’ profile of Throneburg here and Good here.
Louisa residents take advantage of early voting: More voters in Louisa County are choosing to cast their ballots early than in neighboring localities and statewide.
As of Saturday, October 22, 2,674 Louisa residents have voted in the November 8 General Election with 1,866 people voting in person at the Louisa County Registrar’s Office and 808 voting by mail-in ballot, according to data from the Virginia Department of Elections published by the Virginia Public Access Project. Another 554 voters requested mail-in ballots but have not yet returned them.
Nearly 9.3 percent of the county’s roughly 29,000 registered voters already cast their ballot compared to 8 percent of voters in the Piedmont region and about 6.3 percent statewide. The 5th Congressional District, Louisa County’s new home, ranks second among the state’s 11 congressional districts in early voting with 41,274 ballots cast. The First District leads the pack, banking 47,519 votes.
Louisa County Electoral Board Chair Curtis Haymore said in late September that the registrar’s office and the county worked together to promote early voting in several ways including via the county’s website, flyers inserted with real estate tax bills, and newspaper ads.
During the 2021 election cycle, about 19 percent of the county’s registered voters, 5,338 people, cast a ballot via in-person early voting or by mail.
The registrar’s office, located in the Louisa County Office Building, 1 Woolfolk Ave., Louisa, is open for early voting Monday through Friday from 8:30 am to 4:30 pm and Saturdays, October 29 and November 5 from 9 am to 5 pm. The office is open until 7 pm on Wednesdays, October 26 and November 2.
Voters can apply for a mail-in ballot on the Virginia Department of Elections website or get an application from the registrar. The deadline to request a mail-in ballot is Friday, October 28 at 5 pm. Ballots can be returned by mail, dropped off in a secure drop box at the County Office Building or at a polling location on Election Day.
For voters who choose to cast their ballot on Election Day—Tuesday, November 8—polling places across Louisa County are open from 6 am to 7 pm.
Read Engage Louisa’s election preview here. View Louisa County’s sample ballots here. Check out the county’s new precinct map here. Check your registration status, find your polling location or request a mail-in ballot here. Questions about voting? Call the registrar’s office at 540-967-3427.
Lake Anna Business Partnership unveils license plate design: The Lake Anna Business Partnership last week unveiled the winning design for a proposed Lake Anna-themed specialty license plate. Now the organization is busy soliciting pre-orders from residents interested in affixing the plate to their ride.
The proposed plate requires formal approval by the General Assembly and 450 pre-orders by December 31. Provided it meets the pre-order threshold, Delegate John McGuire (R-56) agreed to carry a bill during the legislature’s upcoming session to add the plate to the more than 200 special plates already offered by the Virginia Department of Motor Vehicles.
LABP announced its plan for a specialty plate in June, won approval from the Louisa County Board of Supervisors to include the county’s name on the plate later that month then launched a design contest on its Facebook page. The winning design, submitted by Charlie Bowles IV, features a retro vibe with a large sun and a boat sailing on blue waters. The design is subject to DMV approval.
The license plate costs $10 ($20 for a personalized plate), which must be paid when submitting a pre-order. To learn more about the plate and to pre-order, check out the Lake Anna Business Partnership’s website.
Public comment period for Zion Crossroads Gateway Plan, transportation recommendations open through November 4: The Thomas Jefferson Planning District Commission is accepting public comment through November 4 on a pair of proposals that could shape the future of Zion Crossroads: the Zion Crossroads Gateway Plan, a multi-year study that identifies goals and strategies for development in the area, and Kittelson & Associates’ recommendations for transportation improvements along the Route 15 and Route 250 corridors. Both plans are available for review and comment on TJPDC’s website.
A joint effort between Louisa and Fluvanna counties with heavy involvement from the Virginia Department of Transportation, the Gateway Plan draws on community input “to develop strategies that serve to alleviate pressure on the (area’s) existing infrastructure and facilitate the establishment of a unified Zion Crossroads neighborhood atmosphere. A successful plan will establish Zion Crossroads as an area that people only have to leave as a choice; in other words, the vision for Zion Crossroads is as a community where people can live, work, play, and shop without going anywhere else,” the draft plan states.
VDOT contracted Kittelson to complete the transportation proposal, which was unveiled last winter and sparked strong opposition from some Zion Crossroads residents. The proposal recommends a novel bowtie intersection at Route 15/Spring Creek and Camp Creek Parkways, which would eliminate left turns on and off Route 15 and instead route drivers to roundabouts on parallel streets. Alternatively, the plan proposes a hybrid concept which combines components of the bowtie with the more traditional quadrant intersection. The plan proposes a series of roundabouts between the intersection of Route 15/250 and Route 15 and Stonegate Drive as well as a shared use path for cyclists and pedestrians.
According to Kittelson engineers, the bowtie and larger transportation proposal are designed with an eye toward future growth. It would alleviate congestion, improve safety, and offer residents multiple ways to travel through the area, the engineers said.
In August, Louisa County applied for money through SMART SCALE, the commonwealth’s primary vehicle for funding local transportation improvements, to implement upgrades at the intersections of Route 15/250 and Route 15 and Spring Creek/Camp Creek Parkways. The applications draw on Kittelson’s recommendations for the area. The Commonwealth Transportation Board is expected to announce funding allocations this spring.
For Louisa County, an intersection or roadway’s safety record is the primary data point used to evaluate SMART SCALE applications. According to traffic data from 2016 to 2020, the intersection of Route 15/Spring Creek and Camp Creek Parkways ranked as the county’s highest priority for safety improvements with 32 crashes, 11 of which resulted injuries.
Click here for contact information for the Louisa County Board of Supervisors.
Find agendas and minutes from previous Board of Supervisors and Planning Commission meetings as well as archived recordings here.
Click here for contact information for the Louisa County School Board.
Click here for minutes and agendas for School Board meetings.
Click here to access past editions of Engage Louisa.