02SN0139-May22.pdfMsy 22~ 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0139
(Amended)
Windy Hill LTD
Midlothian Magisterial District
16500 Midlothian Turnpike
REQUEST: (Amended) Amendment to Conditional Use (Case 79S066) to permit a go-cart track
and indoor recreational (video games) uses.
PROPOSED LAND USE:
A go-cart track, to be located in the southwestern portion of the Windy Hill Sports
Complex and a video game room within existing facilities, are proposed.
PLANNING COMMISSION RECOMMENDATION
KECOMlvlEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF THE
PROI:trER.ED CONDITION ON PAGE 2.
AYES: MESSRS. LITTON, GECKER, CUNNINGHAM AND STACK.
ABSENT: MR. GULLEY.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service.
Although the Route 288 Corridor Plan suggests the property is appropriate for office,
research and development uses, warehouses and light industrial uses as part of a
regional employment center, until such time as public sewer is available to support
such uses, interim uses requiring minimal im~astmcturc that would not obstruct
future redevelopment of the site may be appropriate.
The proposed zoning and land use represent an expansion of the existing commercial
outdoor recreational uses known as the Windy Hill Sports Complex. Conditions and
proffered condition will ensure continued compatibility with existing development
along this portion of Midlothian Turnpike.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. TI-[E CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
(STAFF/CPC)
Uses permitted on the site shall include a video game room and the operation
ofa conunercial go-cart track. (P)
(Notes: a.
These uses are in addition to those uses permitted by
Condition 1 of Case 798066.
except as amended by this Condition, all previous
conditions of Case 79S066 and 92SN0133 remain in
effect.)
PROFFERED CONDITION
(STAFF/CPC)
The maximum number of go-carts operating at any one time on the site
shall be twenty-one (21). (P)
GENERAL INFORMATION
Location:
North line of Midlothian Turnpike, west of Huguenot Springs Road. Tax ID 710-71 O-Part of
0358 (Sheet 5).
2 02SN0139-MAY22-BOS
Existing Zouing:
A with Conditional Use (Case 79S066)
Size:
31.7 acres
Existing .Land Use:
Commercial (outdoor recreation)
Adjacent Zoning and Land Use:
North and East - A with Conditional Use; Commercial (Windy Hill Sports Complex)
South - A, A with Special Exception and C-3; Single family residential, vacant or
commercial
West - A; Vacant
Public Water System:
UTILITIES
There is an existing twenty-four (24) inch water line extending along the north side of
Midlothian Turnpike, which terminates adjacent to the ea.stem boundary of the Windy Hill
complex, approximately 850 feet east of the proposed go-cart track site. The Windy Hill
complex is served by a private well system and it is the intent of the applicant to continue to
utilize the existing well. The County Code states that ifa building is constructed which has a
need for water use, extension of and connection to the public water system will be required.
Public Wastewater System:
The public wastewater system is not available to serve the request site. The County Code
states that if a building to accommodate the go-cart use is constructed which generates
wastewater, extension of, and cormection to, the public wastewaters will be required.
Drainage and Erosion:
ENVIRONMENTAL
The property drains west-northwest, then through tributaries in Powhatan County to the
James River. Currently, there are no om or off-site drainage or erosion problems and none
are anticipated as a result of this request.
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PUBLIC FACILITIES
Fire Service:
Fire protection and emergency medical service is currently provided by the Midlothian
Fire/Rescue Station, Company Number 5, and Forest View Volunteer Rescue Squad. This
use will have minimal impact on fire and emergency medical service.
When the property is developed, the number of hydrants and quantity of water needed for fire
protection will be evaluated during the plans review process.
Transportation:
This proposed additional development, go-cart facility will have a minimal impact on the
existing transportation network.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Route 288 Corridor Plan which suggests the property is
appropriate for office, research and development uses, warehouses and light industrial uses as
part of a regional employment center.
Area Development Trends:
Properties to the north and east are developed for commercial outdoor recreational uses as
part of the Windy Hill Sports Complex. Properties to the south and west are characterized by
a mix of agricultural uses, vacant land and scattered residences on acreage parcels..4.
commercial use is located directly south along Midlothian Turnpike. As indicated by the
,Route 288 Corridor Plan, it is anticipated that this area will eventually be developed for
office, research and development uses, warehouses and light industrial uses as part of a
regional employment center at suck time that Rome 288 and public wastewater are extended
in the area.
Zoning History:
On November 25, 1981, the Board of Supervisors approved a Conditional Use to permit
recreational facilities on a 31.6 acre Agricultural (A) tract (Case 79S066). Conditions of
approval limited use of the property to a pitch and putt golf course, a miniature golf course, a
golf driving range, tennis course, a pro shop and a maintenance bu/lding and prohibited
alcoholic beverages on premises.
4 02SN0139-MAY22-BOS
On January 23, 1991, the Board of Supervisors, upon a recommendation of denial by the
Planning Commission, denied an amendment to Conditional Use (Case 79S066) to permit
the sale and consumption of alcohol at the commercial recreational facility (Case
90SN0302). it should be noted that subsequent to this denial, the applicant sought, and was
granted, an on-premises beer license by the Alcohol and Beverage Control (ABC) Board.
The County appealed the ABC Board's decision to grant such license to the Chesterfield
Circuit Court and to seek injunctive relief for the violation of conditions of zoning. The trial
court ruled against the County. The County appealed the trial court's decision to not grant
the requested injunction to the State Supreme Court. The Supreme Court considered the case
in January 2002, and issued its opinion on March 1, 2002, which upheld the validity of the
alcohol condition (Case 79S066, Condition 9). The Court will enter its mandate within the
next few weeks which will remand the case to the trial court and instruct the trial court to
issue a permanent injunction against Windy Hill prohibiting it from violating the alcohol
condition.
On March 25, 1992, the Board of Supervisors, upon a favorable recommendation by the
PIauning Commission, approved an amendment to Conditional Use Case 79S066 (Case
92SN01.33). This amendment affected signage, hours of operation, lighting restrictions and
the plan of development for the subject property.
Development must confoma to the conditions of zoning Cases 79S066 and 92SN0133 which
address driveways, parking, lighting, signs, buffers and hours of operation.
Noise Levels:
The applicant has proffered that no more than twenty-one (21) go-carts will be operating on
the property at any one time (Proffered Condition). Based upon information submitted by the
applicant, the noise levels generated by this use are with'm an acceptable range of sixty-five
(65) decibels or less, as measured from adjoining property lines to the east and west of the
Windy Hill Sport~ Complex. Such levels have been consistently applied to eases where
noise-generating uses are neighbored by residential uses, or as in this case, public/semi-
public property (Bethel Baptist Church).
CONCLUSIONS
Although the Rome 288 Corridor Plan suggests the property is appropriate for office, research and
development uses, warehouses and light industrial uses as part cfa regional employment center, until
such time as public sewer is available to support such uses, the proposed go-cart track use may be an
appropriate imefim use. Such use would require minimal infi'astrueture, thereby not obstructing
future redevelopment of the site. In addition, the planned video game room is intended to be located
within existing facilities, requiring no additional improvements.
5 02SN0139-MAY22-BOS
The proposed zoning and land uses represent an expansion of the existing commercial outdoor
recreational uses known as the Windy Hill Sports Complex. Conditions and proffered condition will
ensure continued compatibility with existing development along this portion of Midlothian Turnpike.
Given these considerations, approval oft}ds request is recommended.
CASE HISTORY
Planning Commission Meeting (11/20/01):
On their own motion, the Commission deferred this case to Janua~ 15, 2002.
Staff(l 1/21/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than November 26, 2001, for consideration at the Commission's
January 15, 2002, public hearing.
Plann/ng Commission Meeting (i/15/02):
At the request of the applicant, the Commission deferred this case to April 16, 2002.
Staff(I/16/02):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than February 11, 2002, for consideration at the Commission's April
16, 2002, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Commission's April public hearing.
Applicant (2/7/02):
The application was amended to include a request for indoor recreation (video game room)
use.
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Staff (4/8/02):
The deferral was paid.
Planning Commission Meeting (4/i 6/02):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gecker, seconded by Mr. Stack, the Commission recommended approval
of this request subject to the condition and acceptance of the proffered condition on page 2.
AYES: Messrs. Litton, Gecker, Cutmingham and Stack.
ABSENT: Mr. Gulley.
The Board of Supervisors, on Wednesday, May 22, 2002, beginning at 7:00 p.m., will take under
considemtlon this request.
7 02SN0139-MAY22-BOS
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