Motorcycle racing approved over potential legal concerns

Opponents to Colonial Downs’ bid for a county conditional use permit to host one day of motorcycle racing showed up for Monday night’s New Kent Board of Supervisors’ public hearing on the matter armed with legal arguments to support their case.

Becoming a battle cry of sorts — the county cannot allow motorcycle racing since that activity is not a permitted land use in New Kent.

“You cannot condition a use you do not permit,” Jeff Summers, an attorney representing the Brickshire Homeowners Association, vehemently told the board.

And when supervisors motioned to go behind closed doors to discuss the situation with county attorney Michele Gowdy, opponents appeared buoyed by the move. But after board members returned just five minutes later, a comment by District 4 supervisor Ron Stiers, who represents the Brickshire community and had been considered an opposition supporter, elicited moans from dozens of opponents seated in the meeting room.

“No matter the outcome of the vote tonight, keep in mind the sky is not falling,” Stiers told the crowd.

By a 4-1 vote (District 5 supervisor Ray Davis dissenting), the board approved Colonial Downs’ permit application, but with an added condition that an independent third party conduct sound tests on race day to determine if decibel levels exceed permitted noise limits. Those tests will determine if motorcycle racing is to become an annual event. Track officials, meanwhile, are now expected to forge ahead with plans for a Saturday, Aug. 24 race date.

Stiers, meanwhile, went on to say he had done everything in his power to bring both sides together to resolve the dispute in an amicable fashion. He said he walked door-to-door through sections of the subdivision closest to the racetrack to speak with residents and found little opposition. But his words apparently did little to soothe those attending Monday’s meeting.

“[Supervisors] basically ignored the process violation,” Donna Friend, a Brickshire resident and one of the organizers of a petition drive that netted close to 400 signatures against the racetrack’s application, said after the board’s decision was announced.

“We’re disappointed to say the least,” she said. “I don’t know what the homeowners association will do, but we’ll see.”

Summers, who resides in Brickshire and is also a former New Kent county attorney, reiterated his stance outside the meeting room, saying that if the homeowners association or another entity takes the matter to court, the court almost always rules against a governing body that has not followed its own procedures or laws.

“I don’t know if anyone will file suit,” he said. “That will be up to the homeowners association.”

During the public hearing, Summers told the board that under county law and to legally permit motorcycle racing, Colonial Downs must apply for a new conditional use permit or the board must either amend zoning law to allow the use or amend the planned unit development document that governs the racetrack site.

“You’re simply being led down the primrose path. Don’t go,” he cautioned board members.

“Any entity not wanting racing will sue the board, not Colonial Downs… and New Kent taxpayers will foot the bill, not Colonial Downs,” he added.

As to the legality of the board’s action, Gowdy said when contacted the day after the vote that she does not envision a problem.

“The county has looked at the legality of it and believes the process is solely within the county’s ordinance,” she said. “One can never predict lawsuits, but we looked at it and feel the process is legal.”

Other opponents speaking at the hearing complained of potential noise and criticized racetrack officials for not conducting sound tests that they claimed were promised after Colonial Downs staged its first and thus far only motorcycle races in 2001.

But speakers in favor numbered the same as those opposed. Several claimed the event would boost the county’s economy while others pushed for sound tests on race day.

Kate West, who resides close to the racetrack, said, “There’s got to be something better [racetrack officials] can do to make money, but I’m a small business owner and I need Colonial Downs to succeed.”

She said she operates a childcare business and several of her clients are employed at the racetrack. She also said she plans to leave home on motorcycle race day, adding, “One day won’t kill us.”

Colonial Downs president Ian Stewart told the board the one-day event is part of the American Motorcycle Association’s nationwide racing series and will feature practice runs from 10:15 a.m.-12 noon along with 11 races — nine heats up to 10 minutes each and two 20-minute featured events — from 1-4:30 p.m.

“The race is first class in every way,” he said. “Our expectation is the race will attract thousands of visitors to New Kent County and be a great way to showcase the area through a nationwide event.”

Under questioning from Stiers, Stewart pledged to stop the races if sound levels equal or exceed 95 decibels for more than a span of two consecutive minutes. Racing is to halt at 4:30 p.m., regardless of weather or other delays, in order to abide by conditions set in the permit, he added.

“Colonial Downs is a great asset and business partner,” District 1 supervisor Thomas Evelyn said just before the board’s vote.

“Some in the homeowners association support this, and there’s a lot of support out there,” he said, adding, “Colonial Downs is being reasonable.”