Planning commission recommends approval for Mount Bernard Farm venue and two short-term rentals amid noisy, safety and enforcement concerns

The Goochland County Planning Commission on Dec. 19 recommended approval, 4-1, of conditional use permit CU2024-00019 for Mount Bernard Farm, which seeks two unhosted short-term rentals and authorization for a public place of assembly on 58.3 acres at 2371 River Road West.

Jamie Sherry, director of community development, described the application and the staff-recommended conditions: the two smaller dwellings would have overnight occupancies set by septic capacity (6 and 4 guests), the primary event area is an event terrace with a pool-house secondary site, parking would include a 38-space gravel lot plus overflow, and events would be limited to March through November on Fridays–Sundays only. Amplified sound would be required to end by 9 p.m. for the main venue and by 8 p.m. for pool-area amplified sound; amplified outdoor sound must be oriented toward the river and away from adjoining residences and, when used outdoors, be inside a tent with barriers on all sides. The CUP would limit events to 12 per year, with no more than four events of 100–150 guests and no more than four events of 51–99 guests in a year.

The staff presentation also noted prior enforcement issues on the property: the applicants had operated short-term rentals without a permit and placed a prefabricated shed in the floodplain without a zoning permit. Sherry said the applicants had stopped booking short-term rentals while the CUP request is pending and are deciding how to address the shed (move it or obtain a separate conditional use permit).

Applicant Elizabeth Ortuno described Mount Bernard Farm as roughly 130 acres devoted to farming and boarding horses and said the proposed rentals and limited venue are intended to help preserve the farm economically. Ortuno apologized for an earlier family event that she said occurred before they understood all rules and reiterated the family’s willingness to comply with conditions, including staying on-site when rentals are booked.

Public comment was extensive and split. Opponents — including nearby residents and Rivercliff subdivision homeowners — raised noise complaints and said they fear additional amplified music, potential firearms/trespassing and inadequate enforcement of CUP conditions. Jenny Wood told the commission the short-term rentals had operated illegally for about a year and urged the commission to either deny the venue portion or split the permits so rentals could continue only if events were rejected. Representatives of the neighboring Estate at River Run said they have invested significant infrastructure to comply with conditions and asked the commission to protect that investment.

Supporters — including neighbors, farm workers, community leaders and patrons — urged the commission to allow Mount Bernard to supplement farm income and preserve the historic property, saying the applicants had made concessions (reducing event numbers and caps) and would work to limit community impacts.

After discussion about enforcement mechanisms, event coordination, and the utility of a shorter CUP term as leverage, a motion to recommend approval subject to staff-imposed conditions passed 4-1. The planning commission’s recommendation will be forwarded to the Board of Supervisors for a public hearing on Feb. 4, 2025.

Key conditions in the staff recommendation include occupancy limits tied to septic, a 38-space primary parking area with defined overflow, a 12-event annual cap with specified guest limits, hours limited to Fridays–Sundays (1 p.m.–10 p.m.) with amplified sound ending earlier, prohibition of firearms and fireworks for CUP activities, limits on tents and removal timelines, security for events over 100 guests, and a three-year expiration for the public assembly CUP (requiring renewal prior to January 2028 for the assembly use).