City Council Regular Meeting


Print

Return to the Search Page Return to the Agenda
CL-2248 New Business   Item #: H.       
Meeting Date: 12/03/2019  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 395 Mount Cross Road
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     12/03/2019
SUMMARY
A request has been filed by Jagjit Singh on behalf of Suhasons Inc., 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 395 Mount Cross Road, otherwise known as Grid 1709, Block 004, Parcel 000002 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
Jagjit Singh, the applicant, is requesting a Special Use Permit for commercial recreation at 395 Mount Cross Road. 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 had a Certificate of Occupancy for a Mercantile use.  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 been re-inspected to determine compliance with this change in use of the building and a new Certificate of Occupancy has been issued with a maximum occupancy of 25 persons.  This facility has 13 marked parking spaces.
 
The facility itself is 2,688 sq. ft. which requires 11 parking spaces as only a convenience store.  With 13 marked spaces, there is only space available for a single machine based on staff’s recommendations of one space per machine and one needed for the employee of the facility. (11+1+1).

At their meeting of November 12, 2019, the Planning Commission voted 6-1 to recommend approval subject to the following conditions:
 
1.   There shall be no more than one machine on site; and
2. The hours of operation for the machine 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 that can be played by a single occupant at one time (no multiple person machines); 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 exterior of 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.
RECOMMENDATION
The City Planning Commission recommends that Danville City Council adopt an Ordinance granting Special Use Permit application PLSUP20190000294, filed by Jagjit Singh on behalf of Suhasons Inc., 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 395 Mount Cross Road, otherwise known as Grid 1709, Block 004, Parcel 000002 of the City of Danville, Virginia Zoning District Map subject to the following conditions:
 
1.   There shall be no more than one machine on site; and
2. The hours of operation for the machine 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 that can be played by a single occupant at one time (no multiple person machines); 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 exterior of 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.

Attachments
Ordinance
Planning Backup


    

Level double AA conformance,
                W3C WAI Web Content Accessibility Guidelines 2.0

AgendaQuick ©2005 - 2019 Destiny Software Inc. All Rights Reserved.