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CL- 2048 New Business   Item #:   A.    
City Council Regular Meeting
Meeting Date: 01/03/2019  
Subject:    Request for a Special Use Permit to Operate a Commercial Recreational Establishment and restaurant at 760, 762, 764 Westover Drive.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     01/03/2019
SUMMARY
Requests have been filed by James C. Shaw, requesting Special Use Permits to operate a commercial recreational establishment (limited to indoor uses) and a restaurant, in accordance with Article 3:J Section C, Item 2 and Item 13 of the Code of the City of Danville, Virginia 1986, as amended at 760, 762, 764 Westover Drive, otherwise known as Grid 0715, Block 003, Parcel 000007. The applicant is proposing to operate a tabletop, virtual reality, Play Station and Xbox gaming room, a small bistro/sandwich shop, and a retail sales establishment.

 
BACKGROUND
An application has been filed by James C. Shaw, requesting Special Use Permits to operate a commercial recreational establishment (limited to indoor uses) and a restaurant in accordance with Article 3:J Section C, Item 2 and Item 13 of the Code of the City of Danville, Virginia 1986, as amended at 760, 762, 764 Westover Drive, otherwise known as Grid 0715, Block 003, Parcel 000007.
 
The applicant is proposing to operate a tabletop, virtual reality, Play Station and Xbox gaming room, a small bistro/sandwich shop, and a retail sales establishment.  The retail sales establishment within this business is a use permitted by right in the N-C, Neighborhood Commercial zoning district.
 
Thirty-two (32) notifications were sent to the surrounding property owners within 300’ of the subject property.  A full report was presented to the City Planning Commission on December 12, 2018.
 
Currently there are 22 partially marked parking spaces on-site: 13 spaces along the front of the building, 6 spaces along the right side of the building where the fitness center is located, 2 spaces and 1 handicap accessible space on the left side of the building.

At their meeting of December 12, 2018, the Planning Commission voted 5-0-1 (Chairman Scearce abstained, and Commissioner Jones was absent) to recommend approval subject to the following conditions:
 
  1. Applicant must obtain all required building permits for the work that has been performed on the interior of the building, and provide all required documentation and plans necessary for the issuance of said permits.
  2. Applicant must obtain approvals and a certificate of occupancy prior to operation and occupancy of any sort which includes, but is not limited to private, invitation only events, private system testing, game burn in and tabletop playtesting / evaluations, and any other event held on site.
  3. The building's occupancy for the retail, restaurant, and gaming is set at a maximum of 80 persons per the building code.
  4. A parking lot drawing, showing the location and dimensions of the minimum number of required spaces, which is 27, based on the buildings occupancy of 80 (1 space for every 3 persons) – must be provided and approved.  All spaces must be appropriately striped and marked to meet code and the handicap accessible space must meet the ADA requirements.
  5. There shall be no consumption or sale of alcohol on site, the condition being originally and voluntarily offered by the applicant.
RECOMMENDATION
It is recommended that City Council adopt an Ordinance granting Special Use Permits to operate a commercial recreational establishment (limited to indoor uses) and a restaurant in accordance with Article 3:J Section C, Item 2 and Item 13 of the Code of the City of Danville, Virginia 1986, as amended at 760, 762, 764 Westover Drive, otherwise known as Grid 0715, Block 003, Parcel 000007 subject to the following conditions:
 
  1. Applicant must obtain all required building permits for the work that has been performed on the interior of the building and provide all required documentation and plans necessary for the issuance of said permits.
  2. Applicant must obtain approvals and a certificate of occupancy prior to operation and occupancy of any sort which includes, but is not limited to private, invitation only events, private system testing, game burn in and tabletop playtesting / evaluations, and any other event held on site.
  3. The building's occupancy for the retail, restaurant, and gaming is set at a maximum of 80 persons per the building code.
  4. A parking lot drawing, showing the location and dimensions of the minimum number of required spaces, which is 27, based on the buildings occupancy of 80 (1 space for every 3 persons) – must be provided and approved.  All spaces must be appropriately striped and marked to meet code and the handicap accessible space must meet the ADA requirements.
  5. There shall be no consumption or sale of alcohol on site, the condition being originally and voluntarily offered by the applicant.

Attachments
Ordinance
Planniing Backup

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