At its November 15 meeting, Goochland County’s Planning
Commission voted 6-1 to recommend denial of an application for a conditional
use permit to operate a sporting clays shooting range at Orapax Plantation, a
672.6 acre hunting preserve owned by Andrew and Nancy Dykers. The property in
question is located between Route 6 and the James River, west of Courthouse
Village.
Commission chair Courtney Hyers, District 5, cast the dissenting
vote after nearly three hours of a passionate public hearing and extensive
deliberation among the commissioners.
Hyers characterized the matter as a “difficult case,” which
is a gross understatement. For the past 20 or so years, Orapax has
unsuccessfully tried to obtain county sanction to operate the course after
operating one in the late ‘80s, which was shut down following a huge
outcry from those who lived nearby.
This case illustrates the delicate, and often elusive, balance
between property rights of landowners and the health, safety, and welfare of
the citizens that land use law is supposed to find.
The Dykers claim that a sporting clays course is permitted
under county zoning law as a conditional use for their hunting preserve, which
is zoned A-1. Opponents, mostly neighboring land owners, contend that it will,
literally, threaten their sanity, quality of life, and property values.
Action on the matter was deferred from the Commission’s
October meeting so a sound study to provide objective data about the degree of
noise that would be generated by the course could be completed.
Conducted on the afternoon of October 25, results of the
study, performed by Backstage, Inc. were presented by Orapax as evidence that
the course, which is located in floodplain closer to the river than the
previous incarnation of the shooting range, will not generate objectionable
levels of noise.
In general, the study indicated that noise from the shooting
range was barely higher than ambient, or normal background, levels. (The report
is included in the November 15 information packet, which is posted on the
Planning Commission page of the county website, www.co.goochland.va.us)
One opponent of the CUP claimed that the test shots were
clearly audible over the noise of working bulldozers on the Leake’s Mill Park
site, 1.6 miles west of Orapax.
GOMM attended the sound test and listened at Irwin, which is
about a mile east of Orapax, halfway between Route 6 and the River. While
facing Orapax with hands cupped behind ears, lest any sound be missed, GOMM
noticed that traffic passing on Route 6, birds, insects, and even dry leaves
blowing in nearby trees made significant noise. Between 2:33 and 2:53 p.m. GOMM
heard six separate distant volleys of what sounded like gunfire but felt no
associated vibration. Without paying careful attention, those sounds might not
have been noticed. Given this experience, it’s difficult to give credence to
people from Holland Hills, a mile or so northeast of Irwin, who said they often
hear the shooting from Orapax in their backyards
Orapax did a very poor job of presenting its case for the
shooting range. They contended that the range will bring more revenue to
Goochland by helping a small business expand. Yet, when pressed for details, Orapax
stated that no new jobs will be created. Additional tax revenue generated by
removing the four acre shooting range site from land use will net less than a $100
increase in real estate tax revenue.
Initially, only a few shooters per week are expected to use
the course, according to Orapax representative Neal Kander, the Dykers’
son-in-law. However, the application requests permission for up to 24 shooters
per day. That’s a pretty wide range. Orapax wants to operate the shooting range
365 days per year from 9-5.
It is hard to understand why the Dykers would endure the
cumbersome and expensive--the CUP permit alone is $750--process to secure a CUP
to generate revenue from a mere handful of shooters who will pay $25 each to
use the shooting range. The application states that in calendar year 2011,
Orapax attracted 1,200 clients from 41 states and seven foreign countries.
There were anecdotal contentions that these folks, after they left Orapax,
patronized local business to the tune of about $45 per head, but no supporting
evidence was provided.
Indeed, some commissioners noted that Orapax made no effort
to explain what sort of return on its investment was expected from operating
the shooting range.
Supporters of Orapax contended that it provides an excellent
opportunity for wholesome and safe use of firearms. Opponents of the CUP, none
of whom proposed any curtailment of current Orapax operations, raised concerns
about the negative impact of noise on health, property values, and lead
leaching into the water supply. Orapax stipulated it will put a lead mitigation
plan in place to support the shooting range.
Supporters also pointed out that private shooting ranges are
already permitted by right. They said that many people shoot targets in their
backyards in Goochland. This time of year, the sound of gunfire is often
audible in the entire county. Camp Brady Saunders, operated by the Boy Scouts
on Maidens Road, has such a range, which can be clearly heard by its neighbors.
Shooting enthusiasts contended that a sporting clays course
will produce many continuous volleys of gunfire and expend a lot of shotgun
shells. They said that this is very different from the random sporadic gunfire
resulting from hunts at Orapax.
County assessor Glenn Branham, who attended the sound study,
stated that, based on what he heard on October 25, 2012, he would not be
inclined to reduce valuation on parcels of land in the vicinity of Orapax. He
also said that he might reconsider based on actual conditions in the future.
In a previous hearing, Branham stated that he had lowered
valuation on some properties on Lee Road in Crozier, which are close to the
Department of Corrections shooting range.
The DOC range operates at all hours of the day and is exempt
from local ordinances. According to people who live nearby, shooting at the DOC
range, where law enforcement officers train with automatic weapons, sounds like
a war zone.
Orapax contended that sporting clays is akin to golf with a
shotgun and sounds nothing like a war zone.
Opponents also raised the question of enfrocemnt of the CUP.
This is a zoning issue, so the Sheriff’s Office will not be involved. Who will
count the shooters? How will allegations of violation be handled?
After the hearing was closed, the commissioners wrestled
with the matter. Many stated that they believe people have the right to do as
they wish on their property, unless it negatively impacts others.
Joe Andrews, District 4, said that he could not support the
conditions on the table, but suggested hours from 9-1, which would not impinge
on afternoon activities, and an effective period of no more than one year. Tom
Rockecharlie, at large, said that he would prefer to require the use of inly lead-free
to eliminate all paperwork and
envirionmental concerns. Vice chair Ty Querry, District 2 argued that the
commission should recommend denial of the application as presented, which they
did.
Although many of the commissioners attended the sound test
and heard the sound for themselves, they seemed to be swayed by the opponents. Perhaps the comment that resonated most was
“would you want this near your home?”
Hyers, clearly exasperated with her fellow commissioners,
said that the county A-1 zoning ordinance allows shooting ranges as a conditional
use to support agriculture and open space. She worried that “we’re going to get
to the point where we’re not going to let people make a living from agricultural
use of their land. It is unrealistic to talk about Goochland as if this is a
park.” Hyers questioned the rationale for conducting the sound study if the
results were ignored.
Her remarks underscore comments made by new residents who
claim they moved to Goochland to enjoy rural peace and quiet yet whine
endlessly about slow moving farm equipment; the odor of manure spread on fields,
and the ugly aftermath of timbering. Agriculture, a big part of “rural,” is
often noisy, dirty, smelly and unsightly.
The Board of Supervisors is expected to hold its own public
hearing on the matter in January. If the Board grants the CUP without further
restricting the conditions, it will essentially make itself a lame duck body,
bringing back the bad old days of granting favors to friends, regardless of
other considerations.
However, granting a very limited CUP, say with hours of 9-1
Monday through Saturday for a one year period, could provide a sliver of middle
ground. This would give Orapax more exercise of property rights and the
neighbors a chance to live with actual conditions. Orapax might decide that the
sporting clays course is not worth the bother, or the neighbors realize that
the noise impact is less than they feared. Or, it could be déjà vu all over
again.