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CL-2241 New Business   Item #: J.       
Meeting Date: 12/03/2019  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 4800 Riverside Drive.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by Hewa Jayawardena on behalf of Jerry Davis, 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 4800 Riverside Drive, otherwise known as Grid 0709, Block 002, Parcel 000019 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
Hewa Jayawardena, the applicant, is requesting a Special Use Permit for commercial recreation at 4800 Riverside Drive. 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 12 marked parking spaces with one handicapped accessible space on site.  This facility has been inspected for a change in use, but has not complied with the requirements of Inspections, so does not have a Certificate of Occupancy.  The facility itself is 2,400 sq. ft.,  which requires 11 parking spaces as only a convenience store.  Thus, there is insufficient parking to add gaming machines.

At their meeting of November 12, 2019, the Planning Commission voted 4-3 to recommend denial of the request.
 
RECOMMENDATION
The City Planning Commission recommends that Danville City Council adopt a Resolution denying Special Use Permit application PLSUP20190000290, filed by Hewa Jayawardena on behalf of Jerry Davis, 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 City of Danville, Virginia 1986, as amended at 4800 Riverside Drive, otherwise known as Grid 0709, Block 002, Parcel 000019 of the City of Danville, Virginia Zoning District Map.

Attachments
Resolution
Planning Backup


    

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