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CL-2239 New Business   Item #: B.       
Meeting Date: 02/04/2020  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 1225 Franklin Turnpike
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:  02/04/2020
SUMMARY
A request has been filed by Abdul Wahid Khan on behalf of Catbird Properties LLC, requesting a Special Use Permit for commercial recreation (indoor) in accordance with Article 3.J, Section C, Item 2 of the Code of the City of Danville, Virginia 1986, as amended, at 1225 Franklin Turnpike, otherwise known as Grid 1916, Block 003, Parcel 000005 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
Abdul Wahid Khan, the applicant, is requesting a Special Use Permit for commercial recreation at 1225 Franklin Turnpike. 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 has 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 still not been inspected to determine compliance with this change in use of the building. 
 
The store itself is 2,360 sq. ft requiring eleven parking spaces.  The facility is developed with an office, restaurant, hair salon and additional vacant spaces.  This facility has 31 marked parking spaces for all uses on this site in multiple buildings.

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 PLSUP20190000320, filed by Abdul Wahid Khan on behalf of Catbird Properties LLC, requesting a Special Use Permit for commercial recreation (indoor) in accordance with Article 3.J, Section C, Item 2 of the Code of the City of Danville, Virginia 1986, as amended at 1225 Franklin Turnpike, otherwise known as Grid 1916, Block 003, Parcel 000005 of the City of Danville, Virginia Zoning District Map. 

Attachments
Resolution
Planning Backup


    

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