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CL-2243 New Business   Item #: L.       
Meeting Date: 12/03/2019  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 2100 West Main Street.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by Samir Patel on behalf of Dutta Inc., of Virginia, 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 2100 West Main Street, otherwise known as Grid 0610, Block 004, Parcel 000001 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
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 (CO), and to address the additional parking concerns.  This facility does have a Certificate of Occupancy for an 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, and fire extinguishers, as well as other life safety items. This facility has been re-inspected to determine compliance with this change in the use of the building, but has not complied with the requirements of Inspections and does not have an updated CO.  This facility has 10 marked parking spaces, with one handicapped accessible space on site.  The facility itself is 2,878 sq. ft., which requires 16 parking spaces as only a convenience store. 
 
Since this facility is already non-conforming for the parking requirements of a convenience store, and has not complied with the requirements for an updated CO, the Planning Commission voted 6-1 on November 12, 2019, to recommend DENIAL of the request. 
 
RECOMMENDATION
The Planning Commission recommends that City Council adopt a Resolution denying Special Use Permit application PLSUP20190000309, filed by Samir Patel on behalf of Dutta Inc. of Virginia, 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 2100 West Main Street, otherwise known as Grid 0610, Block 004, Parcel 000001 of the City of Danville, Virginia Zoning District Map. 

Attachments
Resolution
Planning Backup


    

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