11SN0251CASE MANAGER: Robert Clay
n~Ar 7( 7 (11 1 R C
November 3 0, 2011 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
11 SN0251
Village Associates LLC
Midlothian Magisterial District
East line of Mount Pisgah Drive
RE VEST: Conditional use planned development approval to permit an off track betting facility
(advanced deposit account wagering) in a Community Business (C-3) District.
PROPOSED LAND USE:
An off track betting facility, limited to advanced deposit account wagering, is
planned in an existing business (restaurant and billiards) in an existing shopping
center.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed use, as accessory to the principal use on the property, is no more
intense than other permitted uses.
B. The recommended conditions should limit any potential adverse impact the
proposed use might have on area properties.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OwNER(S) MAY
PROFFER CONDITIONS. CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED
UPON BY BOTH STAFF AND THE COMMISSION.)
Providing a FIRST CHOICE community through excellence in public service
PROFFERED CONDITIONS
The Applicant in this zoning case, pursuant to Section 15.2-2298 of the Code of Virginia (1950
as amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or
assigns, proffers that the development of the property in Chesterfield County with Tax ID 731-
708-4522 will be developed as set forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Applicant, these proffers and conditions shall be
immediately null and void and of no further force or effect.
(STAFF/CPC) 1. This conditional use planned development approval shall be
granted to Village Associates, LLC for the benefit of Diamond
Billiards, LLC only, and shall not be transferable or run with the
land. (P)
(STAFF/CPC) 2. This conditional use planned development approval shall be
limited to the operation of an off track betting facility which
allows advanced deposit account wagering (as defined in the Code
of Virginia) only, and as an accessory use to the billiards and
restaurant business located at 13184 Midlothian Turnpike. (P)
(STAFF/CPC) 3. There shall be no signs identifying this use visible from the
exterior of the building. (P)
(STAFF/CPC) 4. This use shall be located internal to the primary structure occupied
by the billiards and restaurant business and shall not have separate
exterior access to the public. (P)
GENERAL INFORMATION
T ,n~ati nn
The request property is located on the east line of Mount Pisgah Drive, north of Midlothian
Turnpike. Tax ID 731-708-4522.
Existing Zoning:
C-3
Size:
5 acres
Existing Land Use:
Commercial
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Adjacent Zoning and Land Use:
North - R-7 and R-7 with conditional use planned development; Multi-family residential
South and East - C-3 with conditional use planned development; Commercial
West - R-7 and C-3; Public/semi-public (church) and commercial
T 1TTT ,TTTF.~
The site is currently connected to the public water and wastewater systems. This request will not
impact the public utilities systems.
ENVIRONMENTAL
This request will have no impact on these facilities.
PUBLIC FACILITIES
Fire Service:
The Midlothian Fire Station, Company Number 5, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service (EMS). This
request will have a minimal impact on Fire and EMS.
T,ANn TIFF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Midlothian Area Community
Plan, which suggests the property is appropriate for village shopping district use. It is
anticipated commercial uses would continue in this area, as suggested by the Plan.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Community Center." This proposed land use designation encourages vertically
and horizontally integrated mix of residential, office, public, open space and commercial
uses. It should be noted that the revised draft plan is pending review by the Planning
Commission, has not been approved, and does not provide land use guidance for the subject
property at this time. As of the date of this report, the Commission has not forwarded a
recommendation regarding the revised draft plan to the Board of Supervisors. Additionally,
the Board has not reviewed the revised draft plan, nor has the Board taken any action on the
revised draft plan to date. The recommendations of the revised draft plan are provided for
reference purposes only.
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Area Development Trends:
The area is characterized by a mix of commercial uses along the Midlothian Turnpike
corridor and amulti-family development (Old Buckingham Station Apartments) to the
north. It is anticipated that these types of uses would continue in this area, as suggested by
the Plan.
Zonin Hg istory:
On April 24, 1985 the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved rezoning with conditional use planned development on
the request property and surrounding properties (Case 83SN0142). Subsequently, the
request property was developed as part of the Village Marketplace Shopping Center.
Development Standards:
The conditions for development standards approved with Case 83 SNO 142 would still be
applicable with approval of this case. These conditions address architecture, parking,
landscaping, buffers, exterior lighting, and signs. In addition to these requirements, the
proffered conditions of the current proposal would limit who may operate the use and how
the use may operate. These proffers also further address signage for this use as well as
exterior access for the public. (Proffered Conditions 1 through 4)
Proposed Use:
Advanced deposit account wagering is a legal form of pari-mutuel wagering on horse
racing, authorized by the Commonwealth and regulated by the Virginia Racing
Commission. In sum, this type of wagering allows adult patrons to place bets on horse races,
using an advance deposit wagering account, similar to a debit account operated at a kiosk.
This account may be established by adult patrons, and allows account replenishment and
payouts to account holders on-site. This technology also allows viewing of horse races. The
county considers this use to be an off track betting facility, which is listed as a conditional
use in the I-3 zoning district. A use exception through the conditional use planned
development process is required to allow the proposed use at the subj ect property.
CONCLUSION
The proposed use, as an accessory to the principal use on the property, is no more intense than
other permitted uses. In addition, the recommended conditions further limit any adverse impact
the proposed use might have on area properties.
Given these considerations, approval of this request is recommended.
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CASE HISTORY
Planning Commission Meeting (9/20/1 l ):
The applicant accepted the recommendation. There was no opposition present.
Mr. Waller noted that there had been one (1) letter of opposition, but that there was no
community opposition.
On motion of Mr. Waller, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
Board of Supervisors' Meeting (10/26/l l):
At the request of the applicant, the Board deferred this case to November 30, 2011.
Staff (10/27/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than October 31, 2011 for consideration at the Board's
November 30, 2011 public hearing.
The applicant was also advised that a $200.00 deferral fee must be paid prior to the
Board's public hearing.
Staff (11/4/11):
The deferral fee was paid.
The Board of Supervisors on Wednesday November 30, 2011 beginning at 6:30 p.m. will take
under consideration this request.
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