03SN0324-May26.pdfMay 26, 2004 BS
STAFF'S
REQUEST ANALYSIS
RECOMMENDATION
03SN0324
Nelson Davis Kyle, II
Matoaca Magisterial District
North line of Ivey Mill Road
REQUEST: Conditional Use to permit outdoor recreational uses.
PROPOSED LAND USE:
A private go-cart track and passive outdoor recreational use are proposed. (Proffered
Condition 2)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposed zoning and land use fail to conform with the Southern and Western AreaPlan
which designates the request property as part of the Rural Conservation Area where activities
should-be limited primarily to agricultural and forestal Uses with isolated single family
residences permitted on lots larger than five (5) acres.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS.)
Providing a FIRST CHOICE Community Through Excellence in Public Service
PROFFERED CONDITIONS
This Conditional 'Use shall be granted to and for Mr. or Mrs. Nelson D. Kyle, II,
exclusively, shall not be transferable nor run with the land. (P)
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This Conditional Use shall be for the purpose of operating a private go-cart'track and.
other private passive recreational uses of the track to include-but not necessarily
limited to activities such as walking, jogging, bicycle riding and'skating. All go-carts
shall have mufflers. Useof this facility shall'be limited to the property owner, his
immediate family members and guests only. The.use of other motorized vehicleson
the site such as all-terralnvehicles (ATVs) and motorcycles Shall not be permitted.
The maximum number of carts operating any one (i) time shall be ten (10). (P)
Hours. Use of this faciliw shall be permitted on Wednesday, Friday and Saturday
between the hours of 12:00 noon and 5:00 p.m; from October through April and
between the hourSof 12:00 noon and 8:00 p.m. from May through September. (P)
4. Lighting. Other than. security lighting, no.outdoor lighting shall be permitted. (P)
Signs. No si~s Shall be permitted to identify this use, (P)
Site Improvements. Except for a single asphalt track and incidental improvements
such as a monitoring (flagman) stand, there shall be' no other
improvements/strUctures and/or tracks. (P)
Tree Preservation.' Except for trees which are dead, diseased or dying, trees having a
Caliper of three (3) inches.Or greater shall be maintained within a seventy-five (75)
foot area along the northern, southern and western property boundariesi (P)
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Security. When the site is'not in use, the entrance to the site shall be gated and
locked to preclude trespassing. (p)
GENERAL INFORMATION
Location:
North line of Ivey Mill Road, west of River Road. Tax ID 742-630-8924 (Sheet 39).
Existing Zoning:
Agricultural (A)
Size:
4.0 acres
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Existing Land Use:
Vacant - asphalt track constructed on-site
Adjacent-Zoning and Land Use:
North, South, East and'West - A; Large-lot single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the south side of Ivey Mill
Road and available to serve the request site: This site is within the Rural Conservation Area
of the SoUthern and Western Area Plan which requires use of the public water system
(County Code, Sec. 18-63(b)). However, Provision is made in the County Code for property
within this area whereby the applicant may pursue from the Planning Commission a Waiver
of the'mandatory use of the public water system during site plan review or, if not subject to
the site plan review process, by filing an application with the Planning Department and
paying a fee of $260.00 (County Code t 8-63(e)). The Planning Commission may impose
conditions to mitigate the impact of any exception that it grants.
Public Wastewater System:
The public wastewater system is not available to serve the request Site; This site is within the
drainage.basin of Cattle Creek and Lake CheSdin (Appomattox River). There are no plans to
extend the public wastewater system to serve this area.' This site is within the Rural
Conservation Area of the SoUthern and Western Area Plan which requires, use-of the public
wastewater system (County COde,Sec. 18-63(a)). However, provision is made in the County
Code for property within-this area whereby . the applicant may pursue 'from the Planning
Commission a waiver ofthe mandatory use of the public wastewater system during site plan
review or, if not subject to the site plan review process, by filing an application with the
Planning Department and paying a fee of $260.00 (County Code 18~63(d)). · The Planning
COmmission may impose conditions to mitigate the impact of any exception that it grants.
Private Well and Septic System:
The Health Department must approve any new well or septic system or expanded usage of
any existing well or septic system:to serve this site.
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Drainage-and Erosion:
The property drains west and then south through tributaries to Lake-Chesdin. There are no
on- or off-site drainage or erosion problems and none are anticipated as. a result of this
request.
PUBLIC FACILITIES
Fire Service:
The Phillips Fire Station, Company Number 13, and Ettrick Matoaca Volunteer Rescue
Squad currently provide fire and' emergency medical service~. This request will have a
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 request will have a minimal impact onthe transportation network.
The Thoroughfare Plan identifies IVey Mill Road as a collector with a recommended right of
way width of seventy (70) feet. When asked, the applicant was not willing to dedicate this
right of way to the County.
LAND USE
Comprehensive Plan:
The reqUest lies within the boundaries of the Southern and ;Western Area Plan which.
designates-the request propertY~ part of the Rural COnservation Area where activities
should be-limited primarily to agricultural and'forestal uses with isolated single family
residences-permitted on lOts larger than five (5) acres.
Area Development Trends:
Surrounding properties are zoned Agricultural (A) and are occupied by single family
residential uses on large lots or' are vacant. It is anticipated that the area-will ,remain
agricultural and forestedand that Planned development will be deferred for twenty (20) years'
unless 'adequate provisionis made.earlier for public infrastructure- improvements;
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Use Limitations and Hours of Operation:
Should this request be approved, outdoor recreational uses would be limited to a private go-
cart track and other passive: recreational uses to include, but not necessarily limited to,
activities such as walking, jogging,.bicycle riding and skating. Use of the facility shall be
limited'to the property owner, his immediate family members and ~their guests. In addition,
all go-carts operated on-site shall' have mufflers, no all,terrain vehicles (ATVs) and
'motorcycles are permitted and a maximum often (10) go-carts are allowed to operate on site
at any one (1) time. (Proffered Condition 2)
Proffered Condition 3 limits use ofthe facility to Wednesday, Friday and saturday between
the hours of 12:00 noon and 5:00 p. m. from October through April and between the hours of
12:00 noon and 8:00 p. m. from May through September.
Site .Design:
Development of the property must meet the minimum requirements for uses within the
Agricultural (A) District.' _In addition, proffered conditions prohibit lighting other than
security Iighting, signs to identify the use and site improvementS/structures other than for a
single asphalt track and incidental improvements such as a monitoring (flagman) stand.
(Proffered Conditions 4, 5 and 6)
Tree Preservation:
Except-for trees which are dead; diseased or dying, all trees having a caliper ofthree (3)
inches or greater shall be maintained within a seventy-five (75) foot area alongthe northern,
southern and eastern prOPerty boUndaries. (Proffered Condition 7)
Security:.
When the site is not in use, the entrance to the site shall be gated and locked to preclude
trespassing. (proffered Condition 8)
CONCLUSIONS
The proposed zoning and land use failto conform, with the Southern and Western Area Plan which
designates the request property as part of the Rural Conservation Areawhere activities should:be
limited primarily to agricultural and forestal uses with isolated single'family residences permitted on
lots larger than five (5) acres. '
Given these considerations, denial of this request is recommended.
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03SN0324-MAY26-BOS
CASE HISTORY
Planning Commission Meeting (4/20/04):
The applicant did not accept the recommendation. One (1) person spoke in opposition to the
request because of noise. ' ~
Mr. Bass stated the proposed use is inappropriate in this area and'fails to comply with the
recommendations of the Comprehensive-Plan.
On.motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended denial of
this request.
AYES: Unanimous.
The Board of Supervisors, on WednesdaY, May 26, 2004, beginning at 7:00 p;m/, will take under
eonsiderationthis request.
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03SN0324-MAY26-BOS
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