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CL-2242 New Business   Item #: K.       
Meeting Date: 12/03/2019  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 1501 West Main Street.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by Shahid Javid on behalf of MKM Partners, 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 1501 West Main Street, otherwise known as Grid 0611, Block 004, Parcel 000001 of the City of Danville, Virginia Zoning District Map.  The applicant is requesting to have indoor gaming.
BACKGROUND
Shahid Javid, the applicant, is requesting a Special Use Permit for commercial recreation at 1501 West Main Street. 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 have a Certificate of Occupancy for M Mercantile Use Group.  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 not been re-inspected to determine compliance with this change in use of the building.  This facility has one marked handicapped parking space and no additional marked spaces so staff cannot state how many are available on site.
 
Staff listed a number of concerns at the September and October meetings, and still has these same concerns.  The Inspections Division nor the Fire Department have reviewed this facility for an updated Certificate of Occupancy, so occupant load is not determined.  The items that were pointed out in September and October have not been addressed.

At their meeting of November 12, 2019, the Planning Commission voted 6-1 to recommend DENIAL of the request.
RECOMMENDATION
The Planning Commission recommends that Danville City Council adopt a Resolution denying Special Use Permit application PLSUP20190000299, filed by Shahid Javid on behalf of MKM Partners, 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 1501 West Main Street, otherwise known as Grid 0611, Block 004, Parcel 000001 of the City of Danville, Virginia Zoning District Map.

Attachments
Resolution
Planning Backup


    

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