NK Planning Commission favors Patriot’s Landing PUD, motorcycle racing CUP

New Kent’s Planning Commission has recommended approval of an amendment to a Planned Use Development (PUD) permit for Patriot’s Landing Management Corporation and a Conditional Use Permit (CUP) for Colonial Downs to host a May motorcycle race. The decisions to forward favorable recommendations for both permits came at the commission’s December monthly meeting Monday night.

Commissioners approved the PUD amendment for Patriot’s Landing Management Corporation after five months of discussion. The request is to allow private roads in Phase II of Patriot’s Landing development.

At issue for the delayed approval were concerns from the Patriot’s Landing Homeowners’ Association over responsibility for a nearby lake’s dam and which entity would be held liable in case of the structure’s failure. Because Virginia’s Department of Transportation (VDOT) does not deal with the roadway that runs over the dam, the homeowner’s association and the management corporation had to decide who would be responsible for maintaining the road.

A representative from the management corporation said that parties on both sides reached an agreement on Dec. 12 on both financial and liability issues and establishing a reserve in case of the dam’s failure. Patriot’s Landing Management Corporation would contribute a percentage of seed money into the funds while members of the homeowner’s association who live in Phase II will see an increase of $125/year that would be placed into the reserve and be responsible for the upkeep of the road.

Commissioner Richard Kontny Jr. indicated that homeowners need to be aware of contributions being made to the repair funds.

“I just want the homeowners to understand that the reserve doesn’t stop after 20 years,” he said.

The planning commission approved a favorable recommendation for the PUD amendment 6-1-2.

In another matter, commissioners also rendered a 7-1-1 favorable recommendation for a CUP to return motorcycle racing to Colonial Downs.

The event is tentatively scheduled to be held on May 16, 2015 from 1-8 p.m., with a rain date the following day. Two people spoke at Monday’s public hearing, both asking commissioners to forward approval for the permit.

Both the PUD and CUP will head to the county’s board of supervisors for approval or denial during the January 12 regular monthly meeting.