OFFICIAL MINUTES OF THE REGULAR MEETING OF THE MANASSAS PARK PLANNING COMMISSION MEETING ON JANUARY 9, 2006 AT 7:30 PM AT CITY HALL, ONE PARK, CENTER COURT MANASSAS PARK VIRGINIA
1. Call to Order – 7:30 p.m.
2. Roll Call: Lawrence Ledbetter, Chairperson
Edmond Rishell, Jr., Vice Chairperson
Vera Au
Oscar Jamilla
Jesse Ludvigsen
Rebecca Villalpando
Absent: None
Staff Present: Will Armstrong, Director of Planning and Zoning
Dean Crowhurst, City Attorney
Lana A. Conner, Secretary
3. Moment of Silence/Invocation
4. Pledge of Allegiance
5. Citizen’s Time
No citizen’s signed up for Citizen’s Time.
6. Approval of Minutes of the Planning Commission,
November 14, 2005.
MOTION: Commissioner Ludvigsen moved to approve with noted corrections: Page 1 the City Attorney attended the meeting at 7pm not a meeting. Page two: Resolution, why is there underscore. Commissioner Villalpando’s name is spelled wrong.
SECOND: Commissioner Rishell
VOTE: Unanimously passed with Commissioner Au and Jamilla abstaining
December 12, 2005:
MOTION: Commissioner Rishell moved to approve as presented.
SECOND: Commissioner Villalpando
VOTE: Unanimously passed with Commissioner Ludvigsen abstaining
Page Two January 9, 2006 Planning Commission
7. Public Hearing:
7a. Conditional Use Permit 91-05 (amended): Conditional Use Permit 96-0l: “Triple D” Enterprises, “Rack “N” Roll Billiards Club”: Applicant David Ruttenberg: 8488-A Centreville Road, Manassas Park
Current Zoning: B-2, General Business Zoning District Zoning Ordinance Reference: Sec. 31-19 and 31-34
Mr. Armstrong stated The B-2, General Business, zone district allows for operation of a billiard parlor or pool hall as a conditional use. For this reason, a request for a conditional use permit (CUP) must be reviewed by the Planning Commission and Governing Body and ultimately approved by the Governing Body. An amended, conditional use permit (91-05), authorizing a billiard parlor-pool hall at the applicant’s place of business, was approved on September 6th 1994. A condition placed on the permit required annual review by the Planning Commission and the Governing Body. Because the applicant did not comply with this requirement, CUP 91-05 has expired. The applicant has been given the opportunity to apply for a new conditional use permit to allow for the continued
operation of the “Rack N Roll Billiard Club.”
The City Attorney stated they had submitted these conditions for Planning Commission review after he and the Attorney for the applicant discussed the conditions. It is appropriate for the Planning Commission to recommend conditions be placed on the approval of a Conditional Use Permit if there are expected impacts that would be mitigated accordingly.
The Planning Commission was given corrected pages for the report, which are top of page 9, 10, and 11.
Item 4a: Applicant is requesting that they be allowed to stay open until 3:00 am and serve alcohol until 2:00 am because if they were restricted to 1:00am like they originally were it would be difficult to stay competitive. That was seen as a good thing if they were able to stay competitive. That extra hour would allow their clients to wind down from drinking and to maybe eat some food and sober up if necessary. Right now they are open twenty-four hours per day. The sale of alcohol is stopped at 2:00am according to ABC regulations.
Item #10: The windows facing the parking lot adjacent to Centreville Road shall be clear and free of signage and obstructions so that activities within the business can be observed by a six foot (6') tall person standing in the parking lot in front of the business; the third line down provided however, they added (curtains or shades may be used for such windows during periods of direct sunlight). Right now the windows are not shaded or clouded but have a drape in the back of them. Eventually, the owner just left the drapes closed. There
is direct sunlight if they open at 10:00am. The zoning administrator can determine if the signs can stay there as long as they do not obstruct looking in. The windows with the writing are opaque and will remain. Chairperson Ledbetter wanted this to read shall be clear and free of signage and obstructions in accordance with appropriate city code
Page Three Planning Commission January 9, 2006
Mr. Armstrong stated this was not in the city code but a restriction the city can place on the Conditional Use Permit. Chairperson Ledbetter stated the city has code for signage for advertising in windows. The police department reviewed all of the conditions and did not indicate they had a problem with the doors.
The City Attorney stated we have provisions in city code for signs but doesn’t know about windows or advertising on windows. The City Attorney stated by placing conditions you are placing more restrictions than otherwise would be applicable.
You could put a caveat in except as otherwise allowed by city code if you are concerned about allowing them to keep the signs up. The City Attorney believes the language states the intent of Planning Commission
Mr. Armstrong stated the purpose of this condition was to allow emergency personnel or the police to be able to view inside the establishment. The other windows that are along the side the one with the open sign and the one with now hiring sign are clear. He does not think you can put a drape or covering on a moveable door.
Mr. Mark Moorstein, Attorney for Rack N Roll was present and addressed Planning Commission. He represents Rack N Roll facility. The provisions are the ones he and City Attorney discussed. He thinks these meet all of the requirements.
There is one issue raised by applicant:
Item #6: Persons under age of 18 shall not be permitted on the premises after 9:00 pm. Mr. Moorstein stated they agreed with that but there are some exceptions. The applicant would like that changed to read unless accompanied by their parents or legal guardians. They would like it similar to Paragraph #5. Sometimes fathers come in to play with their sons after 9:00pm. Mr. Moorstein stated he has a problem with any fifteen year old being out at 1:00 am but his client does not agree with that. Chairperson Ledbetter wanted to know if this applies to kids being out to 1:00 am even on school nights. Mr. Moorstein stated that is a very good point.
Mr. Moorstein stated his client wanted to make it clear they have worked very hard to reach a compromise on these items. They understand the concerns of the city and respect them because they are legitimate concerns. He stated they do not want anybody to feel any concern that there is no receptivity on the part of Rack N Roll to the concerns of the city. They have been here a long time and have done well in developing a business in that shopping center. They intend to be good citizens. It is an effort to make sure that everybody is operating above board and everybody understands what the motivation both of the city and Rack N Roll. They wish to continue on in operations. They want a business the area can be proud of.
Commissioner Villalpando expressed concern about the 1:00 am time and kids and school night. Mr. Moorstein stated his client would like to be able to do this if a father wishes to bring his kids in to play pool that they are not automatically restricted from being able to be in the establishment. It is hard to enforce that particular restriction. She is concerned about a 21 year old taking a 14 year old to the establishment at 1:00 am in the morning. Mr. Moorstein stated that could be changed to 11:00 pm.
Page Four Planning Commission January 9, 2006
Curfew Hours: Chairperson Ledbetter asked what was the curfew in the City. The City Attorney read from city code 17-9: curfew hours refers to the hours of 11:00 pm on Sunday through Thursday through 5:00 am of the following day, and 11:59 pm on Friday and Saturday through 5:00 am of the following day.
The City Attorney stated that you are not going to be able to overturn the curfew hours with a Conditional Use Permit. The City Attorney stated one problem is going to be able to prove they are the child’s parent.
Item #4: Commissioner Ludvigsen asked about no alcohol beverages served after 2pm. He recommends changing the word served to consumed after 2pm. This is ABC regulation.
Item #7: the maximum occupancy limit shall not exceed 150 persons. It was originally 125 but applicant asked for increase. There is a code requirement on the limit. Delete in its entirety and renumber the rest of the conditions.
Item #8: Commissioner Ludvigsen recommended rather than two month increase to 45 days and rather than consultation with police department he would like to see it approved by police department. The security plan shall be approved by police department and sent to City Manager.
In the report, there was listed the number of call in three years. There is a big variance. Commissioner Jamilla stated two years were partial numbers. The average for three years is 59/60 calls. Mr. Armstrong stated there was another business in that shopping center that also served alcohol. The report shows that the majority of the calls were from the management when there were problems at the establishment.
All of the surrounding residential owners on Scott Drive, businesses in shopping center, and businesses across Route 28 were notified of the Public Hearing.
Chairperson Ledbetter opened the Public Hearing.
There were no citizens wishing to address the Planning Commission on this Conditional Use Permit.
MOTION: Commissioner Rishell moved to close Public Hearing.
SECOND: Commissioner Villalpando
VOTE: Unanimously passed
MOTION: Commissioner Ludvigsen moved to recommend approval of Conditional Use Permit 06-01 with following conditions:
1. A permit to operate a billiard parlor/pool hall is approved for the applicant only and is not transferable to a third party without further action by the Governing Body; the permit is for the location indicated in the application and is not transferable to any other premises.
2. The sale and consumption of beer, wine and mixed alcoholic beverages on the premises shall be permitted only in accordance with all applicable regulations of the Virginia Alcohol Beverage Control Board.
Page Five Planning Commission January 9, 2006
3. The business may set aside floor area for dancing and live entertainment.
4. The hours of operation shall be as follows:
a. 10:30 AM to 3:00 AM, with no alcoholic beverages consumed after 2:00 AM.
b. In no event shall the applicant, employees or owners of Rack N Roll Billiards, or any
other person play pool after the established hours of operation.
5. Any person under the age of 14 shall be accompanied by a parent or legal guardian or other immediate family member over the age of 21 while on the premises.
6. Any person under the age of 18:
a. Shall be accompanied by a parent or legal guardian or other immediate family member over the age of 21 while on the premises after 9:00 PM, and
b. Shall not be permitted on the premises after 11:00 PM on Sunday through Thursday or after 11:59 PM on Friday or Saturday.
7. The applicant shall provide an updated security plan, detailing operating procedures and policies, to the City Manager within forty-five (45) days from the approval of this permit. The security plan shall be approved by the police department and will be specifically tailored to prevent:
a. Underage drinking.
b. Illegal drug use and/or sales.
c. Flashing or other forms of nudity.
8. The maximum number of pool tables shall not exceed 16.
9. With the exception of the entrance door and the windows immediately adjacent to the entrance door, and provided all applicable provisions of the City Code dealing with signs are complied with, the windows facing the parking lot adjacent to Centreville Road shall be clear and free of signage and obstructions so that activities within the business can be observed by a six foot (6') tall person standing in the parking lot in front of the business; provided, however, that curtains and/or shades may be used for such windows during periods of direct sunlight.
10. This conditional use permit shall initially be valid for a period of 180 days so that Staff may evaluate the effectiveness of the security plan and determine if this business has any negative impact upon adjacent businesses or properties. If the Governing Body renews this permit after the evaluation period, the permit will be valid for a period of one year following such renewal. Annual review and renewal of this permit by the Governing Body, following public hearings before both the Planning Commission and the Governing Body, shall thereafter be required. If an application for such review and renewal has not been filed with the Planning Department at least sixty (60) days prior to the expiration of any such one-year period of validity, the right to seek additional review
and renewal will terminate. In such case, continued operation of a billiard parlor/pool hall will require a new conditional use permit.
SECOND: Commissioner Au
VOTE ROLL CALL: Ludvigsen, Au, Jamilla, Ledbetter Rishell, Villalpando
Commissioner Rishell thanked Staff for this report. It was very easy to follow with one side having the report and the other side having the documents numbered.
Chairperson Ledbetter thanked Ms. Conner for agreeing to become Secretary. Ms. Conner is a certified Planning Commissioner.
Page Six Planning Commission January 9, 2006
8. New Business:
8a. Planning Commission Bylaws:
Commissioners Villalpando, Ludvigsen and Rishell agreed to take the bylaws and review them for accuracy and make a recommendation to Planning Commission. The City Attorney informed them if three members are at a scheduled meeting, then it must be advertised to the public.
9. Update on Governing Body Actions:
The Governing Body approved the following land use amendments at the regular meeting on December 13, 2005 as approved by the Planning Commission at the November 14, 2005 meeting:
a. Comprehensive Plan Amendment (CPA 05-01) Lot 1B, Conner Center Subdivision
b. Comprehensive Plan Amendment (CPA 05-02) Lot 2, Conner Center Subdivision
c. Comprehensive Plan Amendment (CPA 05-03) Lot 3, Conner Center Subdivision
d. Comprehensive Plan Amendment (CPA 05-04) Lot 4, Conner Center Subdivision
e. Zoning Map Amendment (REZ 05-02) Lot 1B, Conner Center Subdivision
10. Adjournment: 8:31 pm:
MOTION: Commissioner Ludvigsen
SECOND: Commissioner Au
VOTE: Unanimously passed
Approval of these minutes is pending until the next Planning Commission meeting
Approved February 13, 2006
____________________________
Larry Ledbetter, Chairperson
History
Initial Application for conditional use permit:
November 21, 1991 – Initial request
Mr. David Ruttenberg, vice president of “Triple D” Enterprises, submitted an application (Attachment 1) requesting a conditional use permit for the establishment and operation of an upscale, family-atmosphere billiard parlor. The proposed business would be located within a tenant space (4,750 square feet in size), located in the Manassas Park Shopping Center, at 8488-A Centreville Road. The billiard parlor would contain up to 12 Billiard/Pool tables. Plans include the sale of soft drinks and light sandwich fare to the patrons.
December 17, 1991 – Public Hearing
A joint public hearing, advertised in the Journal Messenger on December 3rd & 10th, 1991 (Attachment 2), was held before the Planning Commission and the City Council.
February 12, 1992 – Planning Commission Action
The Planning Commission, by resolution 92-1301-076 (Attachment 3), recommends approval to the Governing Body.
February 18, 1992 – Governing Body Action
The Governing Body, by ordinance 92-1700-453 (Attachment 4), approves the conditional use permit, with the following conditions:
1. Approval is granted to the applicant and is not transferable without further action by
The Governing Body.
2. There shall be no sale or consumption of alcohol on the premises.
3. The hours of operation shall be, as follows:
a. Sunday through Thursday 10:30 AM to 1:00 AM
b. Friday and Saturday 10:30 AM to 2:00 AM
4. Persons under the age of 14, while on the premises, shall be accompanied by:
a. Parent or legal guardian (or)
b. Other relative or person over the age of 21
5. Persons under the age of 18 shall not be permitted on the premises after 10:00 PM
6. The permit shall be valid for 90 days to evaluate the impact upon adjacent properties.
7. Upon completion of the 90-day evaluation period, as stated in condition #6 above, the permit will be subject to renewal by the Governing Body.
Subsequent approval, following 90-day trial:
August 18, 1992 – Public Hearing & Ordinance
Following the initial, 90 day trial approval period, a public hearing, advertised in the Journal Messenger August 5th & 11th, 1992, was conducted by the Governing Body (Attachment 5).
As required under conditions 6 & 7 of the initial granting of the conditional use permit (see above), city staff was to evaluate and ascertain if the use negatively impacted adjacent properties. It was determined that the use was not detrimental to adjacent properties. The Governing Body, by ordinance 92-1700-469 (Attachment 6), approves the conditional use permit.
Application for amendment of conditional use permit:
(sale of beer and wine, extended operating hours, increased number of tables)
During the winter of 1992/1993, Mr. David Ruttenberg, vice president of “Triple D” Enterprises, submitted an application (not on file), requesting to amend CUP 91-05. The request consists of amending Condition no. 2, to permit the sale of beer and wine, and Condition no. 3a, extending the hours of operation on Sunday through Thursday from 1:00 AM to 2:00 AM. The applicant also seeks to increase the number of billiard tables from 12 to 16.
April 20, 1993 – Public Hearing
A joint public hearing, advertised in the Journal Messenger on April 6th & 13th, 1993 (Attachment 7), was held before the Planning Commission and the City Council.
August 11, 1993 – Planning Commission Action
The Planning Commission, by resolution 92-1301-083 (Attachment 8), recommends approval to the Governing Body.
September 6, 1993 – Governing Body Action
The Governing Body, by ordinance 93-1700-496 (Attachment 9), approves the amendment to conditional use permit 91-05, with the following conditions:
1. Approval of CUP 91-05 is granted to the applicant and is not transferable without further action by the City Council, and is for the location indicated in the application and is not transferable to another premises.
2. The sale and consumption of beer and wine on the premises shall be permitted in accordance with all applicable regulations of the State Alcohol Beverage Control Board.
3. The hours of operation shall be as follows:
a. Sunday – Saturday, 10:30 AM to 2:00 AM
In no event shall the applicant, employees or owners of Rack “N” Roll: Billiards, or any other person play pool after the established hours of operation.
4. Persons under the age of 14, while on the premises shall be accompanied by:
a. Parent or legal Guardian (or)
b. Other relative or person over the age of 21, or
c. Other adult, age 21 or over
5. Persons under the age of 18 shall not be permitted on the premises after 9:00 PM
6. The maximum occupancy shall not exceed 125 persons, including employees.
7. The applicant shall operate the facilities in accordance with the attached security plan (Attachment 10) as submitted by “Rack ‘N’ Roll Billiards” to assure safe operation of the business for the customers and other occupants of the premises.
8. The Amended Conditional Use Permit shall be issued for a period expiring 180 days after the issuance of the ABC license, to evaluate the operation of the facility while alcohol is being served. At its last regularly scheduled meeting prior to expiration of the Conditional Use Permit, the Planning Commission will review the operation of this facility and make recommendations to the City Council to further condition the use, extend the permit, or revoke the permit and City Council will at the next regularly scheduled meeting issue a Resolution after considering the Planning Commission’s motion. Applicant will provide the City with written notice when the ABC license has been issued. (The ABC license is issued on September 10, 1993 [Attachment 11]).
9. The maximum number of pool tables shall not exceed 16.
10. The Conditional Use Permit shall be subject to annual review thereafter, if extended.
March 9, 1994 – Planning Commission 6 month review
Upon completion of the 180-day review period, as required under condition no. 9 of the permit, the Planning Commission found that the operation does not appear to have any adverse affects on adjacent properties. The Planning Commission, by resolution 94-1301-085 (Attachment 12), recommends approval of the proposed amendments to the Governing Body.
March 15, 1994 – Governing Body Action
The Governing Body, by ordinance 94-1700-500 (Attachment 13), approves the conditional use permit, subject to annual renewal by the City Council, following a review and recommendation by Planning Commission.
Application for amendment of conditional use permit:
(request to amend security plan to permit the sale of beer in the original containers)
March 24, 1994 – Application to amend CUP 91-05
Mr. David Ruttenberg, Vice President of “Triple D” Enterprises, Rack ‘N’ Roll Billiards, submitted an application (Attachment 14), requesting to amend the security plan required by the amended CUP, to allow alcoholic beverages to be served in either the original container (i.e. bottles or cans) or clear containers, such as pitchers, carafes, mugs, or see through plastic cups.
April 19, 1994 – Public Hearing
A joint public hearing, advertised in the Journal Messenger April 7th & 13th, 1994) was held before the Planning Commission and the City Council (Attachment 15).
May 11, 1994 – Planning Commission Action
The Planning Commission, by resolution 94-1301-089 (Attachment 16), recommends approval to the Governing Body.
May 17, 1994 – Governing Body Action
The Governing Body denies the proposed amendment (Attachment 17).
Application for amendment of conditional use permit:
(consider multiple requests: mixed alcoholic beverages, extended hours, add dance floor, et al.)
April 25, 1996 – Application to amend CUP 91-05
“Triple D” Enterprises, Rack “N” Roll Billiards, submitted an application (Attachment 18), requesting to amend CUP 91-05, as follows:
1. Add mixed alcoholic beverages to the existing beer & wine sales.
2. Add floor area for dancing and live entertainment
3. Extend the hours of operation to 24 hours.
4. Increase the allowable occupant load from 125 to 150.
5. Amend the security plan (allow glass containers to be used when serving alcohol)
6. Changing the existing condition of the security plan condition no. 5 to permit persons under the age of 18 to be on the premises up until 11:00 PM if accompanied by a parent or legal guardian.
September 17, 1996 – Public Hearing
A joint public hearing, advertised in the Journal Messenger, September 4th & 11th, 1996, was held before the Planning Commission and the City Council (Attachment 19).
November 13, 1996 – Planning Commission Action
The Planning Commission tables this issue until staff can provide information regarding the number of police calls related to the business and status of the business license.
December 11, 1996 – Planning Commission Action, continued
The Planning Commission continued the review and discussion, tabled on November 13, 1996. A discussion suggested that the creation of The Planning Commission, by resolution 96-1301-109 (Attachment 20), took the following action:
1. Add mixed alcoholic beverages to the existing beer & wine sales.
Action: None taken, nor mentioned in the minutes
2. Add floor area for dancing and live entertainment
Action: Recommend denial
3. Extend the hours of operation to 24 hours.
Action: Recommend denial
4. Increase the allowable occupant load from 125 to 150.
Action: Recommend approval, with the stipulation that a restaurant be opened and if it does not open, it reverts back to 125
5. Amend the security plan (allow glass containers to be used when serving alcohol)
Action: Recommend denial
6. Changing the existing condition of the security plan condition no. 5 to permit persons under the age of 18 to be on the premises up until 11:00 PM if accompanied by a parent or legal guardian
Action: Recommend approval
February 4, 1997 – Governing Body Action
The Governing Body, by ordinance 97-1000-822 (Attachment 21), took the following action:
1. Add mixed alcoholic beverages to the existing beer & wine sales.
Action: Approved
2. Add floor area for dancing and live entertainment
Action: Approved
3. Extend the hours of operation to 24 hours.
Action: Approved
4. Increase the allowable occupant load from 125 to 150.
Action: Approved
5. Amend the security plan (allow glass containers to be used when serving alcohol)
Action: Approved
6. Changing the existing condition of the security plan condition no. 5 to permit persons under the age of 18 to be on the premises up until 11:00 PM if accompanied by a parent or legal guardian, if restaurant area is adequately separated from the billiard area
Action: Approved
Notice to owner:
(Conditional Use Permit is invalid for failure to comply with amendment conditions)
June 1, 2005 – Certified letter to owner
The Zoning Administrator, Mr. Dan Painter, sends a certified letter (Attachment 22) to the owner, Mr. David Ruttenberg, on June 1, 2005 notifying him that the Conditional Use Permit 91-05, last amended on February 4, 1997, is invalid. When the Governing Body, by ordinance 93-1700-496, on September 06, 1993, approved the application for an amendment to CUP 91-05, a condition (#10) was placed upon the CUP, requiring the owner to submit application and request for annual review by the Governing Body. This condition has not been met.
June 14, 2005 – Owner submits request for annual review
Mr. Ruttenberg, the owner of “Triple D” Enterprises, Rack “N” Roll Billiards, submitted an application (Attachment 23), requesting the annual review, required by condition (#10) placed upon amended CUP 91-05 when approved by the Governing Body by ordinance 93-1700-496.
July 11, 2005 – Public Hearing before the Planning Commission
A public hearing was scheduled to be conducted at the July 11, 2005 Planning Commission meeting. At the meeting the owner of Rack “N” Roll Billiards, Mr. David Ruttenberg, requested that the public hearing and review be postponed. The owner stated that he was in the midst of a hearing by the Virginia Alcohol Beverage Control Board and wanted to wait until the hearing and results where completed prior to moving forward with the public hearing for annual review of CUP 91-05.
At the request of the owner and staff, the Planning Commission postponed the public hearing until the September 11, 2005 meeting. The hearing was again postponed until the December 12, 2005 meeting. At this meeting it was mutually agreed by all parties that the owner would be notified by e-mail of future public hearing and meeting dates, to avoid having the owner travel from Maryland, only to have the meeting postponed.
Text of the Code of the City of Manassas Park, Sec. 31-34, with Staff comment in indented, italics:
Sec. 31-34. Conditional uses; guides and standards.
(a) Statement of intent: The purpose of the conditional use procedure is to provide for certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a certain zoning district and therefore require the exercise of planning judgment and site plan review. It shall be the duty of the city council, under the provisions of this section, to evaluate the impact and compatibility of each such use, and to specify such conditions and restrictions as will assure the use being compatible with the area in which it is to be located; or where that cannot be accomplished, to deny the use as not in accord with adopted plans and policies or as being incompatible with the existing uses permitted by right in the area.
(b) Authorization: In consideration of an application filed with the administrator, the city council may authorize the establishment of those uses that are expressly listed as conditional uses in a certain zoning district; provided, however, that no such conditional procedure shall be required for a use allowed as a permitted use in such district. Any conditional use, which is approved by the city council, shall be deemed to be a permitted use on the lot on which it is thus permitted.
(c) Standards: A conditional use should be approved only if its design, location, construction, method of operation, special characteristics and other aspects satisfy the following standards:
(1) The proposed use at the stipulated location shall be in accordance with the official policies of an adopted comprehensive plan, and with any specific element of such plan.
The proposed use would meet the intent of the comprehensive plan. As such, this CUP would allow for a greater mix in services in the shopping center and city, providing entertainment to residents and visitors alike. Such a facility currently does not exist within close proximity to the residents of Manassas Park. As such, this CUP would allow for a greater mix in land uses and services available to the city’s residents.
(2) The proposed use shall be in accordance with the general purpose and intent of the applicable zoning district requirements.
The proposed use is very much in line with the general purpose and intent of the B-2, General Business zoning district. The B-2 district is intended to provide areas for businesses that have a client draw from larger areas than the immediate neighborhood in which it is located. The proposed use would invite a clientele from not just Manassas Park, but also neighboring jurisdictions.
(3) The proposed use will not adversely affect the use or values of surrounding properties and structures.
The proposed use of the facility as a billiard club should not have a negative impact on either the uses or values of surrounding properties and structures.
(4) The proposed use will not adversely affect the health, safety, or general welfare of persons residing or working in the neighborhood.
City departments were asked to provide a report of impact to services that they are aware of, as it relates to this business; most departments had nothing to report. The Chief of Police, Mr. John Evans, provided a police report detailing the number and type of police calls to the business over a 24-month period (from July 1, 2003 to July 1, 2005 (Attachment 24). Staff does not interpret the number and types of calls to be excessive; the reports appear to be typical for an establishment that serves alcohol. The report does not reveal if all of these incidents originated from customers who had patronized the business. Staff believes that increased security measures applied by the owners and managers would lessen the volume of police calls in the future. The report does not reveal any calls or
complaints originating from the residential properties behind the business and Staff is not aware of any. Mr. Mark Joyner, fire marshal for the City of Manassas Park, inspected this property in the course of conducting his annual inspection of city businesses. He noted minor violations of the fire code, which were corrected in a timely manner by the owner. Staff has been in this establishment recently and did not observe any violations of the building code; the interior was well maintained.
(5) Pedestrian and vehicular traffic generated by the proposed use will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood.
The site is located within an existing strip mall, which has ample parking and pedestrian access. The business would not pose a problem with vehicular or pedestrian traffic.
(6) Utility, drainage, parking, loading and other necessary facilities provided to serve the proposed use would be adequate.
There would be minimal impact to the site, as there is adequate parking, drainage and limited deliveries to this business.
(7) Appropriate landscaping, screening, and signs will be provided as regulated by this chapter.
The business is located within the existing Manassas Park shopping center, built when the city was a town within Prince William County. As the original site plan is unavailable, it is assumed that the site met the zoning requirements of the time, as pertains to landscaping and screening. The signage currently associated with the business and site is in conformance with the sign ordinance in place at the time the sign permit was issued and the sign was erected.
(8) The proposed use will be in harmony with the purpose of this chapter as set forth in section 31-3.
The location of the billiard parlor facility in the B-2, General Business zone district, adjacent to other commercial types of land uses will help to achieve the desired result expressed in the purpose and intent of this requirement.
(d) Conditions and restrictions:
(1) In those instances where the city council finds the proposed use may be likely to have an adverse effect and thus not satisfy all the above standards and the council has determined that such adverse effect can be avoided by the imposition of any restrictions, requirements, or conditions, the council may impose such restrictions, requirements or conditions as it may deem necessary in the public interest to assure conformance with the above standards. If the applicant accepts these restrictions, requirements or conditions, the council shall approve the conditional use application; otherwise, the application shall not be approved.
(2) The council may require satisfactory evidence and guarantee or bond that the conditions stipulated will be and will continue to be complied with.
(3) Unless otherwise specified in this chapter or by the council in the imposition of restrictions, requirements or conditions on a proposed conditional use, the zoning regulations, such as height limits, yard areas and sign size, governing the conditional use shall be the same as those governing the permitted uses in the zoning district in which the conditional use is proposed to be located.
Again, the site is located within an existing strip mall, which has ample parking and pedestrian access and would not pose a problem with vehicular or pedestrian traffic.
Staff Recommendation:
It is appropriate for the Planning Commission to recommend conditions be placed on the approval of a conditional use permit if there are expected impacts that would be mitigated accordingly.
Staff recommends that the Planning Commission recommend approval of Conditional Use Permit 06-01 to the Governing Body, with the following conditions:
1. A permit to operate a billiard parlor/pool hall is approved for the applicant only and is not transferable to a third party without further action by the Governing Body; the permit is for the location indicated in the application and is not transferable to any other premises.
2. The sale and consumption of beer, wine and mixed alcoholic beverages on the premises shall be permitted only in accordance with all applicable regulations of the Virginia Alcohol Beverage Control Board.
3. The business may set aside floor area for dancing and live entertainment.
4. The hours of operation shall be as follows:
a. 10:30 AM to 3:00 AM, with no alcoholic beverages consumed after 2:00 AM.
b. In no event shall the applicant, employees or owners of Rack N Roll Billiards, or any other person play pool after the established hours of operation.
5. Any person under the age of 14 shall be accompanied by a parent or legal guardian or other immediate family member over the age of 21 while on the premises.
6. Any person under the age of 18:
a. Shall be accompanied by a parent or legal guardian or other immediate family member over the age of 21 while on the premises after 9:00 PM, and
b. Shall not be permitted on the premises after 11:00 PM on Sunday through Thursday or after 11:59 PM on Friday or Saturday.
7. The applicant shall provide an updated security plan, detailing operating procedures and policies, to the City Manager within forty-five (45) days from the approval of this permit. The security plan shall be approved by the police department and will be specifically tailored to prevent:
a. Underage drinking.
b. Illegal drug use and/or sales.
c. Flashing or other forms of nudity.
8. The maximum number of pool tables shall not exceed 16.
9. With the exception of the entrance door and the windows immediately adjacent to the entrance door, and provided all applicable provisions of the City Code dealing with signs are complied with, the windows facing the parking lot adjacent to Centreville Road shall be clear and free of signage and obstructions so that activities within the business can be observed by a six foot (6') tall person standing in the parking lot in front of the business; provided, however, that curtains and/or shades may be used for such windows during periods of direct sunlight.
10. This conditional use permit shall initially be valid for a period of 180 days so that Staff may evaluate the effectiveness of the security plan and determine if this business has any negative impact upon adjacent businesses or properties. If this permit is renewed by the Governing Body after the evaluation period, the permit will be valid for a period of one year following such renewal. Annual review and renewal of this permit by the Governing Body, following public hearings before both the Planning Commission and the Governing Body, shall thereafter be required. If an application for such review and renewal has not been filed with the Planning
Department at least sixty (60) days prior to the expiration of any such one-year period of validity, the right to seek additional review and renewal will terminate. In such case, continued operation of a billiard parlor/pool hall will require a new conditional use permit.
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