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CL-2247 New Business   Item #: G.       
Meeting Date: 12/03/2019  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 3585 Riverside Drive
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by TSS Riverside, 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 3585 Riverside Drive, otherwise known as Grid 1713, Block 002, Parcel 000001 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
The applicant is proposing to have indoor gaming in conjunction with an existing restaurant. 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 facility has been inspected to determine compliance with Certificate of Occupancy requirements.  It has been issued an A-2 Assembly Occupancy permit with a maximum occupancy of 268 persons.   This facility has 121 marked parking spaces that comply with code requirements on site, 116 standard and 5 Handicapped Accessible spaces.  The facility itself is 5,160 sq. ft.  Based on Staff’s parking recommendations 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 the site would need 89 spaces (occupancy) + 10 employee + 1 per machine (no number listed) for 99+ required (89+10+??=99+). 
 
City Code for an eating establishment is one and one quarter (1.25) space per four (4) seats (including outdoor seats), plus one (1) space per employee at the major shift.  This facility has 208 seats so 208/4 is 52 + 10 for 62.  Since the occupant load calculations is larger, that is being used.
 
This facility could support up to 22 machines based on staff’s calculations but staff believes that this is too much.
 
At their meeting of November 12, the Planning Commission voted to recommend approval of Special Use Permit application PLSUP20190000387, subject to the following conditions:
 
1.      The hours of operation for the machines shall be limited to between Sunday through Wednesday, 11 a.m. - 12 a.m., and Thursday through Saturday, 11 a.m. - 1. a.m.; and
2. There shall be no more than two (2) gaming machines permitted; and
3. 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
4. All entrances/exits to the building are to be lit at night; and
5. 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
6. The required parking shall be provided on-site with no off-site substitutions; and
7. The windows to the facility shall be clear to allow for visibility by Law Enforcement for security purposes, and
8. 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 recommends that City Council adopt an Ordinance granting 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 3585 Riverside Drive, otherwise known as Grid 1713, Block 002, Parcel 000001 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
1.      The hours of operation for the machines shall be limited to between Sunday through Wednesday, 11 a.m. - 12 a.m., and Thursday through Saturday, 11 a.m. - 1. a.m.; and
2. There shall be no more than two (2) gaming machines permitted; and
3. 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
4. All entrances/exits to the building are to be lit at night; and
5. 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
6. The required parking shall be provided on-site with no off-site substitutions; and
7. The windows to the facility shall be clear to allow for visibility by Law Enforcement for security purposes, and
8. No gaming machine shall allow for more than one player at a time, seated or standing.  No multiple player machines shall be permitted.

Attachments
Ordinance
Planning Backup


    

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