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CL-2238 New Business   Item #: F.       
Meeting Date: 12/03/2019  
Subject:    Request a Special Use Permit for Commercial Indoor Recreation at 103 Franklin Turnpike
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by Jagjit Singh on behalf of Kaur & Sons LLC, requesting a Special Use Permit for commercial recreation (indoor) in accordance with Article 3.M, Section C, Item 4 of the Zoning Ordinance of the Code of the City of Danville, Virginia 1986, as amended, at 103 Franklin Turnpike, otherwise known as Grid 2806, Block 009, Parcel 000010 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
Jagjit Singh, the applicant, is requesting a Special Use Permit for commercial recreation at 103 Franklin Turnpike. The applicant proposes to provide indoor gaming activities in addition to the existing on-site use. These gaming activities include an opportunity to obtain money.  Before the month of August, the applicant had already been operating a commercial recreation establishment, but without the required Special Use Permit or legal non-conforming status. To the best of staff’s knowledge, operations ceased after the business was cited for a zoning violation in late July.
 
General guidelines for recreational facilities include parking requirements, hours of operation, and other standards to ensure a safe environment. When a business offers the chance to earn money from gaming activities, there are additional safety concerns.  This item was tabled at the Planning Commission meeting on September 9, and October 7, to allow facilities to obtain Certificates of Occupancy, and to address the additional parking concerns.  This facility does not have a Certificate of Occupancy.  After meetings with both the Inspections Division of Community Development, as well as the City of Danville Fire Department, it has been determined that facilities with these machines should be listed as a B-Business Group.  This requires public restrooms, handicapped accessible routes and parking spaces, exit lights, fire extinguishers, as well as other life safety items.  This facility has been re-inspected to determine compliance with this change in use of the building.  The facility has complied with the list of corrections presented at the last meeting and has been issued a new Certificate of Occupancy with a maximum occupant load of 17 persons.  This facility has 19 marked parking spaces with no handicapped accessible spaces on site.  The facility itself is 2,440 sq. ft. which requires 11 parking spaces, as only a convenience store.  The addition of a handicapped accessible space will reduce the number available to 17.  This could support the installation of five machines with one space per machine and one space for an employee.

At their meeting of November 12, 2019, the Planning Commission voted 6-1 to recommend approval of the request subject to the following conditions:
 
1.   There shall be no more than five machines on site based on parking available; and
2. The hours of operation for the machine shall be limited to between 8:00 a.m. and 10:00 p.m. Sunday through Friday, and 8:00 a.m. and 11:00 p.m. on Saturday; and
3.  There shall be no more than one (1) gaming machine that can be played by a single occupant at one time (no multiple person machines); and
4. No person under the age of eighteen (18) years old shall be permitted to play any game which presents an opportunity to obtain monetary or cash prizes; and
5. All entrances/exits to the exterior of the building are to be lit at night; and
6. In addition to the required parking for the existing business use, the business shall provide on-site parking no less than a combination of one space per three persons based on maximum occupancy (or per square footage calculations assigned in the code, whichever is greater), plus one space per machine and one space per employee on the major shift, and
7. The required parking shall be provided on-site with no off-site substitutions, and
8. The windows to the facility shall be clear to allow for visibility by Law Enforcement for security purposes.
RECOMMENDATION
The Planning Commission voted 6-1 to recommend approval of Special Use Permit application PLSUP20190000295, filed by Jagjit Singh on behalf of Kaur & Sons LLC, requesting a Special Use Permit for commercial recreation (indoor) in accordance with Article 3.M, Section C, Item 4 of the Zoning Ordinance of the Code of the City of Danville, Virginia 1986, as amended, at 103 Franklin Turnpike, otherwise known as Grid 2806, Block 009, Parcel 000010 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
1.   There shall be no more than five machines on site based on parking available; and
2 The hours of operation for the machine shall be limited to between 8:00 a.m. and 10:00 p.m. Sunday through Friday and 8:00 a.m. and 11:00 p.m. on Saturday; and
3. There shall be no more than one (1) gaming machine that can be played by a single occupant at one time (no multiple person machines); and
4. No person under the age of eighteen(18) years old shall be permitted to play any game which presents an   opportunity to obtain monetary or cash prizes; and
5. All entrances/exits to the exterior of the building are to be lit at night; and
6.  In addition to the required parking for the existing business use, the business shall provide on-site parking no less than a combination of one space per three persons based on maximum occupancy (or per square footage calculations assigned in the code, whichever is greater), plus one space per machine and one space per employee on the major shift, and
7. The required parking shall be provided on-site with no off-site substitutions, and
8. The windows to the facility shall be clear to allow for visibility by Law Enforcement for security purposes.

Attachments
Ordinance
Planning Backup


    

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