Some public hearings on the March 5 Goochland Board of Supervisors’ agenda.

A zoning ordinance, which was proposed last August, to require “certain tax-exempt entities to file an application every three years” to provide documents and information to support those tax exemptions, was withdrawn by staff. The proposed ordinance would have applied only to those non-profit organizations with real property or vehicles garaged in the county.

The supervisors deferred a decision on the matter until the March 2024 meeting after the new board took office.

Several local non-profit organizations, including churches, opposed the ordinance contending that documents required to support the exemption could lead to a disqualification of religious organizations whose statement of faith could give local government the power to deny tax exempt status if the views of that government are in conflict.

Others claimed that complying with the new regulation would be burdensome for entities with mostly volunteer staff.

 

An application for a CUP to operate a commercial kennel on 21.005 acres approximately one mile east of Old Fredericksburg Road and 400 feet south of Broad Street Road in District 1 filed by Shelly Switick was approved. Switick explained that she plans to build a home for her family and indoor training facility for dogs who participate in Flyball on the subject property. Switick plans to move her business, Precsion Flyball Training (https://www.precisionflyball.com/), from Danville to Goochland.

Members of the “Flyball community” turned out in force, some traveling long distances, to support the proposal. Switick has two children who are excited about attending Goochland Schools and wants them to grow up in a country environment like she did.

Switick’s current client area includes North and South Carolina, Tennessee, and Georgia. By relocating to Goochland, a more northerly location, she hopes to add clients from Maryland, Pennsylvania, and New Jersey.

Holding certification as a canine strength and conditioning coach, Switch has taught students on six continents. Flyball is a competitive sport and dogs who compete are highly trained canine athletes. “Flyball is their job, their career,” said Switick.

All activities will be conducted inside an approximately 6k square foot galvanized metal building with no outside runs. No dogs will stay at the facility overnight. She plans to hold weekly classes for about 10 people; monthly “boot camps” for 16-18 people; and one to two scrimmage tournaments with about 40 people per year.

Several people spoke in support of the application. One adjoining property owner expressed cautious optimism that Switick’s operation would not impinge on her peace and privacy. She hoped that she would not be troubled by barking dogs or other noise generated by the Flyball facility. Testimony in support of Switick seemed to indicate that she would be a good neighbor and her business a credit to Goochland. The supervisors unanimously approved the application.

An application to renew and expand a CUP for The Estate at River Run at 2421 River Road West, which operates as a high-end event venue just east of Courthouse Village on 61.02 acres. The subject parcel and all surrounding lots are zoned A-2, agricultural. “Places of public assembly” are allowed in this zoning category but a CUP addresses unique aspects of each situation.

The initial CUP was approved in 2019 to allow the large and elaborate mansion that overlooks the James River to be used for commercial purposes. At that time, homeowners in the adjoining River Cliff subdivision expressed concerns about noise, traffic, and possible trespass on their property by exuberant event attendees. Director of Community Development Jamie Sherry, who made the staff presentation said there were no “zoning violations” or complaints since the CUP was first issued.

The renewal application requested relaxation of some of the initial conditions. These included increasing the total number of guests; allowing limited fireworks displays; extending the hours on indoor events to midnight on Friday and Saturday; removal of the limit on the number of events with outdoor music, which must end by 10 p.m.; and a 15-year renewal. Concerns expressed at a community meeting were noise, fireworks, and the longer renewal. Typically, CUPs are first granted for five years to ensure that the applicant complies. Violation of CUPs can result in their termination. Zoning enforcement in Goochland is complaint driven.

In addition to a limit of 299 guests inside the mansion, up to 500 guests on the property was approved. Large tents are often erected on the grounds for weddings.

Event frequency for gatherings with fewer than 80 people was limited to one per day. Those with more than 80 up to three times per week with no more than 150 in a calendar year. Outdoor amplified sound must be confined to a tent structure of some kind must end by 10 p.m. and face the river.

Kim Moody, one of the owners, gave a brief overview of operations. She said that the venue attracts clients from around the country for events whose costs range between $80 and $120k. People considering using the facility visit beforehand and spend money in the county contributing to tourism revenue. The venue fills local hotels, which was attested to by the manager of the Residence Inn at the Notch, who said that in 2023 at least 1,000 room nights were generated by clients of the Estate at River Run.

The fireworks provision was the most contentious item in the CUP renewal. Moody said that because of in-depth conversations with the neighbors, River Run put some concessions on fireworks. They consulted with County Fire Marshal Doug Davies to designate a safe launch location, shell size, and notification for adjoining homeowners of pending fireworks displays. Moody said she is from a farming community and understands the sensitivity about fireworks and livestock. Moody contended that the fireworks are less noisy than a leaf blower or the train whistles from the nearby railroad tracks that sound at all times of the day and night.

The staff report said “Fireworks are prohibited during any CUP Activity. Staff is concerned about creating noise impacts on nearby residences.   However, if the Board decides to approve this use, the following condition is recommended by staff.  A maximum of 15 events with fireworks shall be allowed annually.  The firework display shall not last longer than 5 minutes, with the show ending prior to 9:00 p.m.  A minimum of 2 weeks prior to an event with fireworks, the applicant shall provide notice of the event to adjacent property owners.  The applicant must obtain fireworks permit from the Goochland County Fire Marshal.  The show must be performed by a professional pyrotechnician, and the shells shall be no larger than 1.62 inches. Alternative overflow parking during the events with fireworks must be shown on the Plan of Development.  (Kinloch Golf Club and Hermitage Country Club have fireworks displays. Are they not places of public assembly?)

The planning commission did not recommend approval of the fireworks provision or the 15-year renewal.

Brandon Frazier from fireworks vendor “Signature Sparks” drove from his home in Toano explained that the fireworks that would be used at River Run are “close proximity” type whose “report” burns entirely up in the air with nothing left to fall to the ground.  He said that the proposed fireworks are special use for the tight firing circle. Safety is the utmost concern. Frazier contended that the fireworks in question are “toys” compared to “what you see on television”. He said the proposed fireworks are “completely safe” and can be fired within a “proximity of 15 feet away. I know this because I’m in the firing zone every single time.”

Moody said that River Run wanted the latitude for an increased number of events to avoid amending the CUP is they get busier. She estimated that 60 events would be held each year under current conditions.

The supervisors contended that up to 15 displays of no more than five minutes’ duration for a total of 75 minutes per year, ending by 10 p.m., and giving two weeks’ notice of the displays to adjacent property owners was reasonable given that permits from the fire marshal for each display are required. The board voted to approve the CUP with the ten-year renewal.

Neil Spoonhower, District 2 observed that “this is one of those rare instances where the system worked. I sat in the audience (in 2019) as this case was being brought. It was a hot topic and people weren’t sure how it was going to go. If you had told me 4.5 years ago that there wouldn’t be anyone coming up here in opposition in five years, especially with the addition of the fireworks, I’d be surprised. So, we have a process where we put conditions on and set timeframes to see how things are going. The applicants did it right. We’re proven that this is a safe venue.

Some citizens were unhappy with the fireworks decision contending that because River Run is not served by public water with fire hydrants. This means that all water for fire suppression must be trucked to the site by firefighters, a very labor intense operation that could reduce the number of fire-rescue providers available to respond to medical or other emergencies should the fireworks start a blaze on the property.