New Kent planners recommend annual renewal for Colonial Downs’ event permit

New Kent Planning Commission members favor allowing Colonial Downs to have a county permit for hosting events such as rodeos and the annual county fair. But they also want that permit to expire after one year.

Commission members voted 9-1-1 Tuesday night to recommend the county Board of Supervisors amend a conditional use permit (CUP) dating from 2002 that allows the track to stage certain events other than horse racing. The proposed amendment removes language in the CUP that requires track officials to hold a current and valid pari-mutuel horseracing license issued by the Virginia Racing Commission. Last October, Colonial Downs’ owner Jeff Jacobs surrendered the racetrack’s license to the VRC.

“[The amendment] would allow us to continue to hold these events while we continue to pursue our goal to bring high-quality horse racing back to New Kent and Colonial Downs,” James W. Theobald, an attorney representing the racetrack, told the commission.

But much to racetrack representatives’ chagrin, planners recommended supervisors further amend the CUP by attaching a one-year expiration date. Thus if approved, track officials would have to file for a new CUP each year, similar to the process now in place governing motorcycle and other motorized vehicle racing at the facility.

Tuesday’s recommendation came after track representatives incurred the wrath of some planners as well as the lone county resident who spoke during a public hearing on the CUP request. Those representatives got an earful concerning Jacobs’ move last fall to give up the racetrack’s VRC license.

“By surrendering the license, Mr. Jacobs does not appear to have our interests in mind,” county resident Ron Durrer told planners. “It’s time for Mr. Jacobs to move on. What are his intentions? I don’t see any chance of racing in the future by turning in the license.”

Durrer said he opposes the amended CUP, adding he believes neither New Kent nor the state stand to benefit. He said revenue from the fair, rodeos, and other events appears minimal at best, thus the county would be better off marketing the property for industrial or technology uses. Referring to widely published reports, he noted the county already expects to lose $400,000 in revenue this year from closure of the track and statewide off-track betting parlors.

“This amendment reflects a continuation of the indifference shown by Colonial Downs,” Durrer said.

Theobald countered Durrer’s remarks, saying, “[The amendment] has no bearing on the future of horse racing.”

The attorney also said, “We’re working very hard with the General Assembly to bring back horseracing.”

But Planning Commission member Jack Chalmers took aim, saying that surrendering the license constituted “a tactical maneuver that backfired.” He said Jacobs’ action contributed “another part of the debacle” involving a war of words between racetrack and thoroughbred horsemen’s officials that engulfed Colonial Downs last year.

“I disagree with removal of the VRC license in perpetuity,” Chalmers said, arguing in favor of a CUP requiring annual renewal.

Commission member Patti Townsend urged the group to defer action until after the General Assembly, now meeting in its short session, has opportunity to consider potential legislation related to Colonial Downs.

But after conferring briefly with county attorney Michele Gowdy concerning the one-year expiration, Theobald told the commission, “We’re not opposed, but we’re not thrilled.”

Theobald also said deferral until the commission’s Feb. 17 meeting probably would not yield any new information or action by the General Assembly. The racetrack, meanwhile, has no events on the horizon until a 5K race scheduled in April.

Chalmers’ motion to amend the CUP by dropping the VRC license language and adding a one-year expiration date easily passed with Townsend casting the lone dissenting vote and supervisors’ representative Tommy Tiller abstaining. Supervisors are expected to consider the amendment in February.

In other business Tuesday night, commission members voted to defer action until their Feb. 17 meeting on proposed amendments to county law governing open space or cluster subdivisions as well as changes to county law pertaining to Agricultural and Forestal Districts (AFD).

Modifications to the cluster subdivision requirements include:

–Allowing cluster subdivision use only in areas designated as rural lands in the county’s Comprehensive Land Use Plan and not in areas zoned R-1;

–Requiring hookup to county water/sewer service if the subdivision falls in a service district;

–Requiring the seeking of easements or covenants if the principal building is within 10 feet (currently five feet) of the rear or side property line;

–Increasing the minimum subdivision area from 10 to 50 acres;

–Allowing open space to be held by any entity provided space is used for appropriate purposes as outlined in county law;

–Allowing deed restrictions rather than requiring open space to be placed in permanent conservation easement.

The AFD matter involves bringing New Kent law into compliance with changes in state code.

Commission members, meanwhile, voted 10-0-1 to forward a favorable recommendation to supervisors on proposed county law amendments involving exceptions granted to commercial and industrial subdivisions in fours areas: lots fronting on public streets, street width, access roads, and underground utility lines.

If approved, the power to grant exceptions transfers from the community development director to the Board of Supervisors.