11SN0252CASE MANAGER: Robert Clay
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BS Time Remaining:
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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
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November 3 0, 2011 B S
11 SN0252
Murphy's Law Billiards & Sports Pub
Bermuda Magisterial District
East line of Iron Bridge Road
RE VEST: Conditional use planned development approval to permit an off track betting facility
(advanced deposit account wagering) in a Neighborhood Business (C-2) District.
PROPOSED LAND USE:
An off track betting facility, limited to advanced deposit account wagering, is
planned in an existing business (restaurant and sports pub) 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 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
(STAFF/CPC) 1. This conditional use planned development approval shall be
granted to and for Murphy's Law Billiards & Sports Pub 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
sports pub business located at 6411 Chesterfield Meadows Drive.
(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 sports pub business and shall not have separate
exterior access to the public. (P)
GENERAL INFORMATION
T nratinn~
The request property is located on the east line of Iron Bridge Road at its intersection with
Chesterfield Meadows Drive, also fronting the south line of Chesterfield Meadows Drive,
west of Memory Lane. Tax ID 773-660-8800.
Existing Zoning:
C-2
Size:
5.2 acres
Existing Land Use:
Commercial or vacant
Adjacent Zoning and Land Use:
North and West - C-2 with conditional use planned development; Commercial
South - A; Vacant
East - R-12 with conditional use planned development; Townhouse residential
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T ITTT ,TTTF,S
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 Airport Fire Station, Company Number 15, currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact on Fire and
EMS.
T,ANT~ TISF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Central Area Plan, which
suggests the property is appropriate for community mixed use.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as of September 2011) designates the subject
property "Community Corridor." 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 subj ect 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.
Area Development Trends:
The area is characterized by a mix of commercial uses along this portion of the Route 10
corridor, including the Chesterfield Meadows Shopping Centers, and a townhouse
development (Eagle's Crest) to the east. It is anticipated these types of uses would continue
in this area, as suggested by the Plan.
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Zonin H.~X:
On March 25, 1987, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an amendment to Case 845082 and a conditional use
planned development (Case 875024). This case affected the now developed Chesterfield
Meadows South shopping center, of which the subject site is a part.
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 subject
property.
Development Standards:
The conditions for development standards approved with Case 87SN0024 would still be
applicable with approval of this case. These conditions address architecture, buffers, exterior
lighting, landscaping, parking, setbacks, 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. The proffers also further address signage for this use as well as exterior
access for the public. (Proffered Conditions 1 through 4)
CONCLUSION
The proposed use, as an accessory to the principal use on the property, would be no more intense
than other permitted uses. In addition, the proffered conditions further limit any adverse impact
the proposed use might have on area properties. Given these considerations, approval of this
request is recommen e .
CASE HISTORY
Planning Commission Meeting (9/20/1 l ):
On their own motion, the Commission deferred this case to their October 18, 2011 public
Baring.
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Staff (9/21/11):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 26, 2011 for consideration at the
Commission's October 18, 2011 public hearing.
Staff (9/28/11):
To date, no new information has been received.
Planning Commission Meeting (10/ 18/ 11)
The applicant accepted the recommendation. There was no opposition present.
Mr. Hassen stated a community meeting was held with no one in attendance.
On motion of Mr. Hassen, seconded by Dr. Brown, the Commission recommended
approval and acceptance of the proffered conditions on page 2.
AYES: Messrs. Bass, Brown, Gulley, Hassen and Waller.
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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