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CL-2244 New Business   Item #: D.       
Meeting Date: 02/04/2020  
Subject:    Request for a Special Use Permit for Commercial Indoor Recreation at 1371 Piney Forest Road.
From: Kenneth C. Gillie, Jr.

COUNCIL ACTION
Business Meeting:     02/04/2020
SUMMARY
A request has been filed by Abdul Nasir on behalf of HRNA 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 1371 Piney Forest Road, otherwise known as Grid 1920, Block 013, Parcel 000092 of the City of Danville, Virginia Zoning District Map. The applicant is proposing to have indoor gaming.
BACKGROUND
Abdul Nasir, the applicant, is requesting a Special Use Permit for commercial recreation at 1371 Piney Forest 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 does have a Certificate of Occupancy.  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 not been inspected for an updated Certificate of Occupancy.  This facility has 7 conforming, marked parking spaces with one handicapped accessible space.  There is sufficient space to mark parking, but since none are striped except for those listed, staff cannot determine a calculation.  A design professional should generate a parking plan.
 
Staff listed a number of concerns at the September and October meetings, and still has these same concerns.  Since the Inspections Division or the Fire Department has not reviewed this facility for an updated Certificate of Occupancy, nor a parking plan generated, the Planning Commission voted 6-1 to recommend Denial of the request. 
RECOMMENDATION
The Planning Commission recommends that City Council adopt a Resolution denying 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 1371 Piney Forest Road, otherwise known as Grid 1920, Block 013, Parcel 000092 of the City of Danville, Virginia Zoning District Map.

Attachments
Resolution
Planning Backup


    

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