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CL-2245 New Business   Item #: I.       
Meeting Date: 12/03/2019  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 730 Piney Forest Road.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by Mohammad Nawaz Khan on behalf of Elegance Investment 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 730 Piney Forest Road, otherwise known as Grid 1815, Parcel 003, Parcel 000006 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
Mohammad Nawaz Khan, the applicant, is requesting a Special Use Permit for commercial recreation at 730 Piney Forest Road. The applicant proposes to provide indoor gaming activities in addition to the existing on-site use of a convenience store. These gaming activities include an opportunity to obtain money.  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.
 
The applicant provided an updated Certificate of Occupancy at the November 12, 2019, Planning Commission meeting.  This facility has 9 conforming, marked parking spaces, with one being a handicapped accessible space on site.  The facility itself is 2,107 sq. ft.; this requires 11 spaces for the store.  At their meeting, the applicant claimed to have 14 parking spaces marked, so the Planning Commission recommended approval.  After the Planning Commission meeting, staff visited the site again and determined that 5 of the spaces are not conforming per code, as they do not have the required 24' travel way if a vehicle is using the existing gasoline pumps.  There is also a dumpster located in one space rendering it useless for automobile parking.  

At their meeting of November 12, 2019, the Planning Commission voted 6-1 to recommend that City Council approve the request subject to the following conditions:
 
1.      Staff confirm that the parking on site comply with the below minimums as these were provided after staff inspection and not confirmed for size and travel lane restrictions; and
2. The hours of operation for the machines 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 per three (3) persons permitted under the maximum building occupancy specified on a Certificate of Occupancy for the building and its current on-site uses;  if a current Certificate of Occupancy is not on file, a new inspection must be undertaken to determine the maximum number of machines permitted; 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 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, and
9. No gaming machine shall allow for more than one player at a time, seated or standing.  No multiple player machines shall be permitted.
RECOMMENDATION
The Planning Commission voted 6-1 to recommend that City Council adopt an Ordinance granting Special Use Permit application PLSUP20190000303, filed by Mohammad Nawza Kahn on behalf of Elegance Investment 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 730 Piney Forest Road, otherwise known as Grid 1815, Parcel 003, Parcel 000006 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
1.     Staff confirm that the parking on site comply with the below minimums as these were provided after staff inspection and not confirmed for size and travel lane restrictions; and
2. The hours of operation for the machines 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 per three (3) persons permitted under the maximum building occupancy specified on a Certificate of Occupancy for the building and its current on-site uses.  If a current Certificate of Occupancy is not on file, a new inspection must be undertaken to determine the maximum number of machines permitted; 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 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, and
9. No gaming machine shall allow for more than one player at a time, seated or standing.  No multiple player machines shall be permitted.


While Planning Commission recommended approval based on information provided by the applicant at the meeting, staff has subsequently found the site to be non-conforming due to parking that was created afterwards that doesn't comply with Code minimums and can not support the granting of this request.  

Attachments
Ordinance
Planning Backup


    

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