12SN0132CASE MANAGER: Darla Orr
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January 25, 2012 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
12SN0132
Breakers Sports Grille
Clover Hill Magisterial District
East line of Wadsworth Drive
RE VEST: Amend conditional use planned development (Case 855114) 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 (billiards and sports grille).
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 the permitted commercial indoor recreational and restaurant uses.
B. As conditioned, any adverse impact the proposed land use may have on area
properties would be limited.
(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 Breakers Sports Grille 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 which shall only be permitted as an
accessory use to the billiards and restaurant business located at 101
Wadsworth 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 restaurant 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 Wadsworth Drive, south of Midlothian
Turnpike. Tax ID 756-704-5639.
Existing Zoning:
C-3
Size:
14.7 acres
Existing Land Use:
Commercial
Adjacent Zoning and Land Use:
North and West - C-3 and C-5; Commercial or vacant
South - R-7 and R-9; Single-family residential or vacant
East - A and R-7; Single-family residential or vacant
2 12SN0132 JAN25-BOS-RPT
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; COUNTY DEPARTMENT OF TRANSPORTATION AND
VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT)
This request will have a minimal impact on these facilities.
Fire Service:
The Buford Fire Station, Company Number 9, 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,ANT~ TISF,
Current Comprehensive Plan:
The subject property is located within the boundaries of the Eastern Midlothian Land use
Plan, which designates the request property as part of a community mixed use area where
community-scale development including shopping centers and other commercial and
office uses would be appropriate.
Draft Comprehensive Plan:
The Revised Draft Comprehensive Plan (as recommended by the Chesterfield County
Planning Commission on November 15, 2011) designates the subject property as a
Community Corridor area within an Urban Development Area Overlay. 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 Board of Supervisors, has not been approved, and does not
provide land use guidance for the subject property at this time. The recommendations of
the revised draft plan are provided for informational purposes only.
Area Development Trends:
The area is characterized by a mix of commercial uses along this portion of Wadsworth
Drive and Midlothian Turnpike. Single-family residential uses within Whitestone and
Brookfield subdivisions are located to the south and east. It is anticipated these types of uses
would continue in this area, as suggested by the Plan.
3 12SN0132 JAN25-BOS-RPT
Zonin H.~X:
On October 27,1985 the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of the request property from Agricultural (A),
Residential (R-9) and General Business (B-3) to Community Business (B-2) with
conditional use planned development (Case 85S 114) to permit use and bulk exceptions,
including a shopping center. Conditions of approval did not permit an off track betting
facility.
Proposed Use:
The existing indoor recreation and restaurant use, known as Breakers Sports Grille, is
located within the existing Midlothian Market Shopping Center. The applicants propose
to operate a facility which would allow advanced deposit account wagering on horse
races incidental to the existing business.
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. 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 patrons to view horse races.
This use is an off track betting facility which is permitted by the Zoning Ordinance as a
conditional use in the I-3 zoning district. The request property is zoned Community
Business (C-3) with conditional use planned development to permit use exceptions and
exceptions to Ordinance requirements. Approval of a use exception through an
amendment to the existing conditional use planned development is required to allow the
off track betting facility on the request property.
Proffered conditions would limit operation of the use to the applicant only and would
only permit the use incidental or accessory to the existing indoor recreation and
restaurant use. (Proffered Conditions 1 and 2)
Development Standards:
Development standards approved with Case 85S 114 would still be applicable with approval
of this case. These conditions address architectural style, buffers, landscaping, lighting,
signage and setbacks. In addition, proffered conditions would prohibit signs identifying the
use to be visible from the exterior of the existing building and a separate exterior access for
the public. (Proffered Conditions 3 and 4)
4 12SN0132 JAN25-BOS-RPT
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 recommended.
CASE HISTORY
Planning Commission Meeting (11 / 15/ 11)
On their own motion, the Commission deferred this case to their December 12, 2011
public hearing.
Staff (11/16/l l):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 21, 2011 for consideration at the
Commission's December 12, 2011 public hearing.
Staff (11 /22/11)
To date, no new information has been received.
Planning Commission Meeting (12/12/11):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Gulley, seconded by Mr. Waller, 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, January 25, 2012 beginning at 6:30 p.m. will take
under consideration this request.
5 12SN0132 JAN25-BOS-RPT
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