Marina Point denied permits, dog ordinance passes

By Heather Michon
Correspondent

Marina Point has once again failed in its bid to expand its Lake Monticello condominium complex, as the Board of Supervisors denied both a zoning change and a special use permit at its meeting on Wednesday evening (Jan. 17).

These were the same motions unanimously defeated before the Planning Commission on December 12. Because it was clear the supervisors were unlikely to reverse the commissioners’ decision, developers for Marina Point asked the county to defer their public hearing before Wednesday’s meeting. 

“Everyone’s looking for a resolution,” said attorney Ann Neal Cosby. “We’ve tried so hard, so many different ways, to find a good solution for the developers, for the community, and for the county. 

She asked supervisors to defer the matter one more time to give them time for “one last bite of the apple.”

Marina Point was developed in the mid-1980s on a five-acre waterfront parcel within Lake Monticello. The original plan called for a total of 45 units, but only 15 were constructed before the county changed its zoning ordinances in the early 1990s.

For the last several years, developers have been trying different tactics to increase the allowable housing density on the parcel to permit them to build another 10 units on the site. This latest proposal would increase density from 2.9 to 5.5 units per acre on land with R-4 zoning. Only Marina Point and a few acres in Columbia are currently zoned R-4.

There was unanimous agreement by all parties that this was a deeply frustrating situation.

“I feel terrible for the folks at Marina Point, I feel bad for the neighbors that have to go through this every couple of years with no resolution,” said Rivanna Supervisor Tony O’Brien, whose district includes Marina Point.

Yet, on the whole, the supervisors remained wary of approving the zoning change, with concerns that it might inadvertently set Fluvanna down the path of higher-density housing in the future.    

The zoning text amendment was denied on a vote of 5-0. The developers won’t be able to bring forth any new plans until at least early 2025.

Dogs at Pleasant Grove

Supervisors approved an ordinance that will require dogs to be on a leash in designated areas of Pleasant Grove, but what those designated areas will look like was left to be determined.

This ordinance was first proposed in mid-November as a way to end the increasing problem of dogs running loose in the park. There have been several incidents in recent years where dogs have bitten or frightened people using the park’s trails and playing fields. Some residents have told the county they don’t feel safe using the park.

Under the original proposal, dogs would only be allowed off-leash at the Dog Park and on 2.8 miles of nearby trails. A recommendation on Wednesday would add several acres for off-leash play near the main entrance at Pleasant Grove.

The ordinance would give the county enforcement mechanisms like the right to impound dogs found roaming free of their owners and a civil penalty of up to $50 for repeated violations of the rules. 

During the public hearing, several residents asked supervisors to modify the plan by adding more sections of trail for off-leash use or designating times when all trails were open for off-leash use.

County Attorney Dan Whitten said the ordinance wouldn’t take effect for 30 days after it was passed and that supervisors could decide how to implement the policy at their February 7 meeting. They could also make changes at any time in the future.

After a lengthy discussion of different options, Fork Union supervisor Mike Goad suggested the county staff come up with “something a little less restrictive, but that achieves the same goals.” The ordinance passed by a vote of 5-0.

Aqua

Fluvanna will be a litigant in Aqua Virginia’s bid to win a major rate increase from the State Corporation Commission later this year.

Supervisors unanimously approved a notice of participation in the case. Whitten said there was a potential to share some costs with Botetourt and Caroline counties in hiring expert witnesses to give testimony on behalf of the counties at the SCC hearing in late April. 

Aqua provides water and sewer to over 40 percent of county residents. They are asking for a 33.88 percent increase in water rates and a 21.08 percent increase in sewer rates.

Palmyra Supervisor Tim Hodge said it was “a no-brainer” for the county to become an active participant in the legal process to protect its citizens from such a massive cost increase.

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