Planning & Zoning Commission
Regular MeetingDeKalb, IL · February 15, 2017
Minutes
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
February 15, 2017
The Planning and Zoning Commission held a Meeting on February 15, 2017 at the City
of DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois.
Chair Atherton called the meeting to order at 6:01 PM.
A. ROLL CALL
Natalie Nelson called the roll. Members of the Planning and Zoning Commission
present at roll call: Vicki Buckley, David Castro, Matthew Crull, Jerry Wright,
Katharina Barbe, and Chair Christina Atherton. Deborah Nier was absent at roll
call.
City staff present were Community Development Director Jo Ellen Charlton,
Principal Planner Dan Olson, City Attorney Dean Frieders, City Manager Anne
Marie Gaura, and Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Atherton requested a motion to approve the February 15, 2017 agenda. Crull
motioned to approve the agenda, Wright seconded the motion, and the motion was
approved by unanimous voice vote.
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None.
D. APPROVAL OF MINUTES
1. January 25, 2017 meeting minutes
Chair Atherton requested a motion to approve the minutes for the January 25, 2017
meeting, amended to correct a typographical error. M. Crull motioned to approve
the minutes as amended, Castro seconded the motion, and the motion was
approved by unanimous voice vote.
E. OLD BUSINESS
None.
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February 15, 2017
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F. NEW BUSINESS
Chair Atherton introduced Katharina Barbe, the newest Planning and Zoning Commission
member appointed by the City Council on February 13, 2017. Commissioner Barbe spoke
about her personal interests, education, and experience.
1. Public Hearing on a petition by Cornerstone DeKalb, LLC for a zoning map
amendment from the “CBD” Central Business District to the “PD-C” Planned
Development Commercial District, including consideration to approve a
Planned Development less than two acres and exceeding 70 percent site
coverage, and approval of a Concept Plan and other approvals as required for
the subject property to allow for the construction of 4-story building with
commercial on the first floor, no more than 55 luxury apartment units on the
upper floors and associated surface parking (112, 118, 122, and 124 E. Lincoln
Hwy. and 122 S. First St.).
Community Development Director Jo Ellen Charlton announced the order of
presentations from the City. She reminded the audience that the role of the Planning and
Zoning Commission is to consider planning, zoning, and land uses. She stated that citizen
comments at this meeting should be limited to those topics. Citizens with concerns
regarding the financial incentive and the development agreement may participate in the
February 27, 2017 City Council meeting, at which those issues will be discussed.
CITY ATTORNEY REPORT
City Attorney Dean Frieders spoke about the current state of the building located at the
southeast corner of Lincoln Highway and First Street, often referred to as Otto’s. In
January 2014, a pipe froze and burst on the building’s unoccupied upper level due to lack
of heating, which the property owner neglected to provide. Ducky’s Formal Wear, the
commercial tenant on the ground floor at that time, flooded and was forced to relocate.
The property owner and City staff inspected the damaged property together during
several visits. The owner obtained a permit from the City to perform interior demolition,
but the work was not completed. No further building construction permit was sought, and
further structural decay continued rendering the property unsafe.
Attorney Frieders stated that, in 2015, the property owner discontinued communication
with the City. On July 21, 2015, the City obtained a court-ordered search warrant to allow
City access to the interior to assess the condition of the building to determine whether the
public would be safe to pass by. The City hired an environmental engineer and a structural
engineer to provide assessment of the damages and estimate the costs of remediation
and repair. The environmental engineer found extensive mold and mildew and asbestos-
containing materials. The structural engineer found that the main weight-bearing first and
second floor beams were seriously over-burdened and over-stressed. Extensive and
costly remediation and repairs would be necessary to make the property safe.
Attorney Frieders displayed photos of the exterior and interior decay of the building. The
photos revealed deteriorating exterior brick, as well as collapsed ceilings, damaged
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February 15, 2017
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mechanical systems and support structures, and mold and microbial infestation. He
added there were holes in floors and ceilings that led directly through from the third to the
first floors, roof damage, and broken interior steel drain troughs that were once used to
route some rainwater from the roof. The water damage to the masonry of this building
has caused instability to the adjacent building to the east (122 E. Lincoln Hwy.), negatively
affecting the restaurant’s operation.
Attorney Frieders added that, after the search warrant was executed, prior to seeking
additional legal action, the City tried unsuccessfully to work with property owner to
encourage him to take actions so the property could be used again. The lender with whom
the property owner had a mortgage filed a lawsuit due to nonpayment of monies
borrowed, but the lender did not foreclose due to the state of property. On October 11,
2016, the City filed a petition for remediation and demolition. This suit sought to order the
property owner to remediate the property; failing that, to order the property owner to
demolish the building; failing that, to authorize the City to remediate the property. The City
waited 990 days between the initial flooding event and seeking court action. The legal
action has been continued pending the decision of the City Council to allow for private
redevelopment of the property, which is the matter currently under consideration by the
Planning and Zoning Commission and the City Council.
Attorney Frieders stated that if the proposed redevelopment project does not go forward,
the City or the property owner will be responsible for demolishing the building, resulting
in at least on more empty lot in the downtown.
CITY STAFF REPORT
Principal Planner Dan Olson presented for the City. He displayed on the large screen
maps and plans of the properties in question, including on East Lincoln Highway at 112-
118 (Otto’s), 122 (Mediterraneo Restaurant), and 124 (Glitter), and at 122 South First
Street (Barb City Bagels). He stated the proposed new building would abut the sidewalk
and provide parking behind where Barb City Bagels building is located. The first floor of
the proposed building would be commercial, with the second, third, and fourth floors
residential. The exterior would be masonry, with canopies along Lincoln Highway and a
courtyard at the rear of the building. The northwest corner of the building will be recessed
to provide for better pedestrian safety.
Mr. Olson displayed proposed floor plans for the ground floor commercial spaces and the
typical residential units on the upper floors. Three units on the ground floor would be
occupied by Barb City Bagels, an upscale bar and grill, with the third unit unassigned.
The developer proposes to build 51 one-bedroom apartments, 17 on each of the three
upper floors, approximately 726 square feet in size and offering a variety of high-end
amenities.
Mr. Olson presented the general zoning standards, comparing the current “CBD”
guidelines to the proposed “PD-C” guidelines, some of which may be modified due to the
nature of the proposed development. He noted the differing requirements for setbacks,
lot/site coverage, parking, residential density, and building elevations.
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Mr. Olson asserted that the proposed development would satisfy multiple goals in the
City’s Comprehensive Plan documents, including the 2007 Downtown Revitalization Plan,
the 2011 Design Guidelines, and the 2013 City Center Plan.
Mr. Olson explained that the Planning and Zoning Commission has the authority to waive
certain zoning regulations for a proposed development that is unique and contributes
positively to the City’s long-term goals. He added exceptions to the PD-C district
regulations, including the minimum size for a planned development, residential density,
and maximum site coverage, are necessary for the proposed development to move
forward.
Mr. Olson stated that the proposed development meets the five standards of rezoning, as
set forth in the UDO, and detailed in the staff report. He agreed with Attorney Frieders
that if the proposed development is not approved, the City will be forced to fund the
demolition of the Otto’s building. Further, the proposed development will have a positive
effect on the downtown area and the City as a whole.
Commissioner Barbe asked for clarification of the drawing of the proposed building, which
shows parked cars on Lincoln Highway in a configuration that does not currently exist and
is not part of the proposed development. Mr. Olson responded that the image of the
building’s façade is intended to show the proposed building’s architecture, not the
proposed parking. He confirmed that the majority of parking will be in back of the building,
with limited parking in front similar to what is currently available.
City of DeKalb Economic Development Planner Jason Michnick provided a brief overview
of the potential economic impact of the proposed development. Currently, the EAV of the
three parcels in question are significantly low, resulting in little property tax revenue to the
City and other taxing bodies. Even though the property is within a TIF district, which is
ending in four years, the increased property tax revenue as a result of the proposed
development would be immediately available to the City and other taxing bodies. In
addition, the community would receive increased sales tax revenue from the commercial
business located on the lower level. The proposed development’s 51 apartments will
revitalize downtown, providing a nighttime population and increased sales for merchants
and restaurants. He concluded that this project will increase the value of surrounding
properties and encourage the owners of those properties to invest in improvements to
their buildings.
Planner Olson pointed out to the Commission that a written comment from Bennetta
Stearnes was received on 2/10/17, included in the meeting packet materials and made a
part of the record. He stated that City staff recommends approval of the proposed
development with the conditions and exceptions as presented by the City and contained
in the staff report. He noted that the maximum lot coverage in the staff report was 77%
and was recalculated and reduced to 75%.
Chair Atherton noted for the record that two additional citizen comments have been
received and will be read during the public comment portion.
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PETITIONER PRESENTATION
The petitioner, John Pappas of DeKalb, welcomed questions from the Commission and
commended City staff’s presentation. He noted the proposed commercial and residential
uses’ long-term benefits to the community through increased sales and property tax
revenue.
PUBLIC COMMENTS
Chair Atherton reminded the public that comments should be limited to the planning and
zoning issues, not financial aspects of the project. Additionally, she stated she was happy
to see so many members of the public in the audience and thanked them for coming.
Janelle Temple, resident on 14th Street in DeKalb, requested the developer provide more
parking spaces for the proposed apartment residents and additional public parking. She
stated that on-street parking is limited downtown and parking lots are often full on
weekends. She objected to parking a block away and walking to shopping. She stated
that people who are not familiar with the public parking lots will not shop downtown if they
cannot easily find parking. Director Charlton agreed that on-street parking is limited, but
overall adequate parking downtown is available. She stated that downtown parking is
available within walking distances similar the distance people park in shopping center
parking lots. She reported that if additional parking becomes necessary in the future, the
developer has agreed to deed back the parking lot on the south side of the property, to
allow the City to build a parking structure or deck. In return, the City will reserve for the
developer a certain number of parking spaces for apartment residents.
Chair Atherton asked for clarification of the number of current parking spaces and the
number of proposed parking spaces, and whether those spaces are additional. Planner
Olson confirmed that the 40 proposed parking spaces will be in addition to the public
parking spaces currently available. Director Charlton reported that a quick calculation of
parking spaces in the public lots north of the railroad tracks between First and Second
Streets yields approximately 70 spaces. She reiterated that the 40 proposed parking
spaces will be addition to and connected to the current public parking.
Mark Thompson of 142 East Lincoln Highway, DeKalb, asked if the parking structure
should be built now, as part of the proposed development. He also asked if the 40
additional parking spaces would be public or private spaces. Planner Olson responded
that those spaces would be private and reserved for the tenants on the upper floors and
the commercial spaces on the first floor. Mr. Olson also noted that seven public parking
lots currently exist within a two-block radius of the subject property.
Director Charlton asked the Commission and audience to remember the parking situation
when Otto’s hosted large events, and she pointed out that the additional 40 spaces will
be beneficial to the area. She added that there is no zoning requirement to add parking
based upon the proposed development, but the developer recognized the benefit of
providing additional parking. She added that developer chose to purchase the Barb City
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February 15, 2017
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Bagel property expressly for providing additional parking spaces in close proximity to the
development.
Christina Campos from Amigos LLC spoke before the Commission. She and her
husband, Abraham Tavera, have a lease at 122 South First Street and a license pending
approve at the City for an arcade they plan to open on March 1st. She asked if approval
of this rezoning petition will affect their pending arcade license. She added that they would
like to remain open as long as possible at their location, and they are working with Mr.
Pappas regarding future relocation. She thanked the City for helping her through the
process of establishing their business. She explained that their arcade is for children and
will offer games similar to those at a Chuck-E-Cheese, but without food. Attorney Frieders
responded that if the rezoning is approved, it will be accompanied by a development
agreement, which will allow current uses to continue operating on an ongoing basis. The
pending license application approval nor the operation of the arcade will be affected.
Chair Atherton noted that Ms. Campos and Mr. Tavera submitted a written Citizen
Response form before the meeting began.
Steve Kapitan, resident of the 3rd Ward in DeKalb, spoke. He asked if reconfiguring public
parking lots has been considered as part of the proposed development. He asked if the
triangle of property with trees and bushes near the railroad tracks could be developed
into parking. Director Charlton responded that developing the land is not part of the
proposed development; however, she did agree that it could be considered in the future.
Mr. Kapitan asserted that the City has the authority to require the development to make
that improvement if desired as part of the planned development.
Jim Hovis, owner of 105 North First Street, recalled his efforts to preserve historic
downtown properties during the past 22 years. He voiced support for demolishing and
replacing the buildings in question. He praised the developer and the proposed
architectural style and design. He stated that John Pappas, the developer, has a proven
history of successful developments, including the Ellwood Steak and Fish House on
Sycamore Road and the renovation of the Stratford Inn into apartments in downtown
Sycamore. He reported that Mr. Pappas plans to use materials and methods in the
building to reduce noise from passing trains and between apartments. Mr. Hovis stated
that he was initially concerned about parking, but found that residents living downtown
will not need cars since they can walk to campus and downtown businesses. He voiced
support for planning for a future ramped parking structure, as well as the proposed
courtyard and a conveniently located covered walkway between the buildings.
Chair Atherton noted that Mr. and Mrs. Hovis submitted a written Citizen Response form
before the meeting began.
Melissa Vines, resident of 822 South Seventh Street, DeKalb, stated she is a life-long
resident of DeKalb and a representative of Antiques, Vintage Collectibles and Gifts,
located two doors down from the proposed development. She reported that downtown
merchants, especially between First and Second Streets, are concerned about how their
businesses will be affected by the demolition and construction of the proposed
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development. She asked the City to help advertise the stores that would be open during
construction, and she suggested signage, press releases, notices to the Daily Chronicle,
and posts on the City Facebook page. She voiced concern about pedestrian safety and
reduced foot traffic that may cause businesses to suffer, and she suggested measures to
mitigate these problems. She requested measures that reduce the length of the
construction period, including nighttime construction hours. She asked that truck
encroachment be limited. She asked if merchants could be reimbursed for utility
disruptions and extermination costs. She recommended a designated liaison for
merchants to contact regarding construction issues and questions. Ms. Vines thanked the
Commission for hearing the merchants’ concerns and Jason Michnick for communicating
with merchants and encouraging their involvement.
Ralph Crafton, resident of 509 Ridge Drive, spoke. He stated he has worked with Mr.
Pappas for 15 years as a project manager on various developments, including the
demolition and renovation at the Fargo Hotel in downtown Sycamore. He reported that
pedestrian safety and communications with property owners and residents were handled
very well. He stated that communication would be priority, and he will keep property
owners and residents apprised of development. He welcomed individuals to contact him
with any concerns.
Bessie Chronopoulos, resident of 423 Gayle Avenue, spoke. She stated that beside the
City Council, the Planning and Zoning Commission has the most responsibility in the City.
She spoke about financial incentive and tax issues. She voiced concern that the City was
rushing the approval of the project without thorough vetting, unlike how such matters were
handled in the past. She voiced support for the project to succeed and stated the project
warranted more review due to the cost to the City. She recommended that this proposal
should be reviewed by the City’s Finance Advisory Committee and the Economic
Development Commission.
Michael Embrey, 425 Fairmont Drive, DeKalb, spoke. He praised the project and the
developer, John Pappas. He reported that in the past, the site in question hosted popular
weekend events, at which hundreds of people attended. He said these younger crowds
often had to walk a distance from parking. The people who eat at high end restaurants,
like the one in the proposal, which will seat 175 people, are often older and less mobile.
They would expect to have closer parking than provided for in the proposal. He asked if
solving the building problem might create a parking problem.
Mike Carpenter, resident at 5 Fairway Circle, stated he had a business office at 126 South
Fourth Street for 10 years and was familiar with parking in the Central Business District.
He asserted that downtown has enough parking but not enough people. He said the
proposed development’s residential parking will not be an issue since not everyone is
home at the same time and not everyone has a car. He praised Pappas’ donation of the
property for a future parking deck and said that similar projects with shared parking have
been successful elsewhere and can be successful in DeKalb.
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February 15, 2017
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Janelle Temple asked for clarification of who would be allowed to park in the proposed
40 spaces. Chair Atherton responded that the proposed spaces are in addition and
primarily for the building. Ms. Temple recommended a parking study be performed. She
questioned how many on-street parking spots are currently available along the south side
of Lincoln Highway on that block. City staff confirmed that approximately five parking
spaces are located there. Ms. Temple voiced support for the proposed development but
requested that additional parking be built as part of the proposed project now, not later.
Seeing and hearing no further comments, Chair Atherton closed the public hearing at
7:28 PM and invited Commissioners to discuss.
D. Castro asked Attorney Frieders if the City has pending legal action against the property
owner. Attorney Frieders replied that the case involves the owner of the Otto’s building,
which is comprised of two of the addresses of the subject property. Attorney Frieders
stated that if the Planning and Zoning Commission recommends approval of the rezoning
and the City Council approves the rezoning and the proposed development agreement,
the developer would acquire the property and perform the demolition. As a result, the
legal case could be dismissed.
D. Castro asked for further clarification of proposed parking arrangements. John Pappas
responded that the proposed additional spaces would be reserved for residents only. He
reiterated that there is no parking requirement for downtown. Mr. Pappas stated he has
lived in the community for 47 years, and downtown parking spaces have increased while
building occupancy has decreased. He provided examples of past and present situations
in which walking a short distance to parking is common and asserted that finding available
parking in front of an establishment during a busy time is not good. He stated that, for the
past 15-20 years, he has heard complaints about the perceived insufficient parking in
downtown, but fewer businesses and people are in downtown now compared to the 1970s
and 1980s when no one complained about parking.
D. Castro cited a citizen’s comment mailed to the City regarding the number of bedrooms
per residential unit and asked why all the units will have one bedroom. Mr. Pappas
responded that the area has a shortage of one-bedroom apartments for young
professionals, graduate students, international students, and retired people. This
population seeks amenities the proposed building will offer, including fully furnished units,
maid service, and nearby dining. He stated that residents will be required to have good
credit scores, and rents will be at least $1,000 per month. He provided an overview of the
success he has experienced with developing Sycamore’s Fargo Hotel into apartments.
He added that project has only eleven parking spaces next to the building for 16
apartments on the upper floors and two businesses on the ground floor.
D. Castro asked why the proposed plan includes only one-bedroom apartments with half
the square footage than initially proposed. Mr. Pappas responded that apartments with
two or more bedrooms are harder to rent and would result in renting fewer units, lower
revenue, and fewer people downtown.
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February 15, 2017
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D. Castro reported that towns with parking challenges are usually desirable places to visit.
He recommended that attracting people to visit downtown should be the first goal, and
providing enough parking spaces in the future can be the second.
Mr. Pappas cited research that shows high-end apartments with the type of amenities the
proposed development will offer are not available in DeKalb, so these apartments will not
compete for renters with other property owners serving different populations. He said he
was confident the building would be fully occupied by renters, and the building could be
completed in less than a year if the proposal were approved this month.
D. Castro voiced support for building additional parking when it becomes necessary.
M. Crull asked if UDO parking requirements for apartments will be met by the proposed
development. Attorney Frieders replied although parking requirements based upon the
number of bedrooms are required in some zoning districts, the Central Business District
does not have such a requirement due to the availability of shared public parking.
M. Crull asked what will trigger the future building of the parking deck. Attorney Frieders
replied that the development agreement will include a provision whereby if additional
parking becomes necessary, the developer will deed the parking area to the City upon
which the City will build a parking deck with parking spaces deeded back to the developer
for resident parking.
Director Charlton responded that studies and analysis of where people are parking and
not parking can be conducted. Interim measures can be taken to address the perceived
parking problems, including providing additional directional signage, distributing
informational handouts, and allowing establishments to offer valet parking in the future.
She reported that Economic Development Planner Jason Michnick has been in contact
with other developers interested in downtown properties and stated that the City is
committed to downtown improvements and ensuring sufficient parking.
M. Crull voiced support for the proposed development. He recommended that signage is
extremely important and should be addressed early to help alleviate stakeholder
concerns.
K. Barbe asserted that if a restaurant is good, people will drive around to look for parking.
She voiced support for demolishing the existing building and helping bring more people
to existing businesses in downtown.
J. Wright supported providing signage for businesses near the demolition and
construction. He pointed out that Mr. Crafton should make an effort to meet and
communicate with nearby business owners about the development’s progress and how it
will affect them.
Attorney Frieders stated that demolition will occur regardless of approval of the proposed
development. He stated that City has learned from recent projects how to better address
business concerns during large construction projects. He recalled a building that was
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February 15, 2017
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demolished over a weekend, which the City coordinated with transportation agencies and
business owners. The City is committed to working with the developer and the business
community and maintaining ADA access on the sidewalk and walkways.
Chair Atherton voiced support for improved communication with business owners and
encouraging residents to visit the businesses during the project. She recalled a recent
visit downtown on a Friday evening and found parking challenging, and she was
encouraged by the dilemma. She stated she monitors social media and noted comments
regarding parking concerns. She also noted that people are concerned with the affect the
proposed development will have upon the Mediterraneo Restaurant.
Director Charlton reported that the project will affect the tenants of the two buildings to
the east of the Otto’s building, namely Mediterraneo Restaurant and Glitter. Planner
Michnick has been working with the restaurant owner to help address how disrepair of
the Otto’s building has negatively affected his restaurant business. Mr. Pappas is helping
the restaurant owner relocate outside of downtown, closer to campus, which is anticipated
to improve the restaurant’s business outlook.
D. Castro asked if a citizen may request entrance to the Otto’s building. Attorney Frieders
reported that the Otto’s building is under private ownership, so the City cannot authorize
access; however, anyone could contact the property owner to request access.
MOTION
M. Crull stated that, based upon the submitted petition and testimony presented, he
moved that the Planning and Zoning Commission forward its findings of fact and
recommend to the City Council approval of a Zoning Map Amendment from the “CBD”
Central Business District to the “PD-C” Planned Development Commercial District,
exceptions to the UDO regarding minimum lot size, residential density and site coverage
for a Planned Development and approval of a Concept Plan as described in Exhibit A for
the properties located at 112, 118, 122 and 124 E. Lincoln Highway and 122 S. First St.
and subject to the conditions listed in Exhibit B of the Staff Report, with an amendment to
Exhibit B item 5).c) to be revised to state as follows:
“The maximum site coverage for the Planned Development shall be increased from
70% to 75% based upon the site meeting the bonus criteria as stated Article
5.13.07(4).
The motion was seconded by J. Wright.
VOTE
A roll call vote was taken. Yea—V. Buckley, D. Castro, M. Crull, J. Wright, K. Barbe, and
Chair Atherton. Nay—none. The motion passed 6-0-0.
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2. Public Hearing on City initiated text amendments to the following Articles of
Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3
“Definitions” to add the use and a definition for “Video Gaming Establishment”
when operated as a principal use, Article 5 “Zoning District Regulations” to add
Video Gaming Establishment, as a permitted use in the “GC” General
Commercial District and a special use in the “LC” Light Commercial District,
and Article 7 “Supplemental District Regulations” to create regulations to
establish limitations on the locations of Video Gaming Establishments in
relation to each other, and any related amendments deemed necessary.
Atherton reminded the Commission a motion is required if the meeting will continue past
9:00 PM.
CITY STAFF REPORT
D. Olson provided a summary of principal use video gaming establishment discussions.
On September 12, 2016, the City Council approved a six-month moratorium on new video
gaming establishments, which expires March 13, 2017, to allow time to research
regulations and develop suggested changes. He stated that, as of December 2016,
DeKalb had 18 establishments with a total of 76 video gaming terminals. He summarized
the January 11, 2017, discussion of the Planning and Zoning Commission, during which
the Commission requested City staff to develop proposed amendments. These included
efforts to define a principal use video gaming establishment, to establish zoning districts
where principal use video gaming establishments may operate, and to establish other
limitations, including separation requirements between establishments.
Planner Olson reviewed the proposed amendments as outlined in City staff report,
including the following:
• Definition of a Principal Use Video Gaming Establishment:
1. The establishment contains video gaming terminals, as defined in the Video
Gaming Act (240 ILCS 40/1 et. seq.).
2. The number of seats designated for the serving of food or beverages is 30 or
fewer. Seats designated for a video gaming terminal, as defined by the Video
Gaming Act (240 ILCS 40/1 et. seq.), are not included.
3. Establishments that have a Category 2 or 3 Food Establishment Permit from
the DeKalb County Health Department, which is based upon the risk for food-
borne illnesses, with Category 1 as the highest risk. Most of the current video
gaming establishments in DeKalb are have Category 2 permits, except for one
that has a Category 3 permit. Most of these establishments have limited food
menus without full kitchen service.
4. The gross floor area of the establishment is 2,500 square feet or less. The City
reviewed the floor area of several current principal video gaming
establishments and determined they typically occupy around 2,000 square feet
in multi-tenant buildings.
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February 15, 2017
Page 12 of 15
5. Such other conditions which readily suggest or indicate that the establishment
is intended or is being operated whose primary purpose is the operation of
video gaming terminals for play by the public.
Mr. Olson noted that locations with public entity/not-for-profit liquor licenses, which
fraternal organizations normally receive, would be exempt from these regulations.
• Zoning district limitations:
o Prohibited in the “CBD” Central Business District,
o Permitted Use in the “GC” General Commercial District, and
o Special Use in the “LC” Light Commercial District.
• Separation requirements recommending minimum distance of 500 feet between
principal establishments, as measured from the tenant space or building.
Planner Olson referred to the maps in the Staff Report, which show three clusters
of principal use video gaming establishments on Sycamore Road. Four
establishments near Dresser Road have overlapping 500-foot buffers; however,
these would be allowed to continue operating as nonconforming, even if they
change ownership. Two establishments near the Target and Walmart have 500-
foot buffers, as does the single establishment near Bethany Road.
Mr. Olson noted Sycamore Road locations are still available where new
establishments might locate. He added that site zoned Planned Developments
would not be amended to add video gaming establishments. In these areas, if a
bar/tavern is a permitted or special use, a principal use video gaming
establishment may locate there, provided it complies with the separation
requirements.
• Parking and loading requirement to comply with the commercial services and retail
sales uses’ requirement of one parking space per 250 square feet of floor area.
Planner Olson referred to the map requested by the Commission to show existing liquor
license locations and classifications and which establishments have video gaming
licenses. He noted that these locations could request to add video gaming licenses. He
also referred to data and information collected from nearby communities that allow video
gaming.
Mr. Olson recommended approval of the regulations presented in Exhibit 1 in the meeting
packet.
At 8:20 PM, Chair Atherton opened the public hearing for public comments.
Steve Kapitan, resident of DeKalb’s Third Ward, spoke. He asked if any of the maps
presented identify current establishments that have characteristics that would require a
special use permit according to the proposed amendments. Attorney Frieders and
Planner Olson referred Mr. Kapitan to view certain pages in the meeting packet for maps
with that information. Mr. Kapitan suggested speaking with City staff after the meeting for
clarification.
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February 15, 2017
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Mr. Kapitan suggested the City may be avoiding referring to video gaming as gambling.
He asserted that the public may not know the restrictions under discussion apply to
gambling establishments. He stated that The Gaming Goat store and the upcoming
arcade are not gambling establishments. City Attorney responded that the terminology
used by the City reflects State of Illinois terminology so as to provide consistency across
state and local standards and laws. Mr. Kapitan recommended the City explicitly refer to
the activity as “gambling” instead of “gaming” to explain why these establishment warrant
regulation.
Mr. Olson stated that the Commission understands that gambling is allowed in DeKalb
per state law. Mr. Kapitan responded that the public may be confused by the terminology
used.
At 8:28 PM, seeing and hearing no further public comments, Chair Atherton closed public
hearing.
COMMISSION DISCUSSION
Commissioner Buckley asked why the video gaming establishment near Hy-Vee did not
appear on the maps. Planner Olson responded that establishment is in Sycamore.
Chair Atherton requested clarification regarding separation buffers. She proposed a
scenario in which an existing primary use video gaming establishment, whose location is
within the buffer of another existing primary use video gaming establishment, closes. She
asked if, after a period of time, a new primary use video gaming establishment could open
in the same location. Planner Olson responded that would not be allowed because only
existing locations are grandfathered in. He explained that a new primary use video
gaming establishment must obtain a new liquor license and adhere to the proposed new
regulations. Attorney Frieders added that two establishments’ buffers are allowed to
overlap, but a new location cannot be placed within any other location’s buffer. Mr. Olson
reminded the Commission that these guidelines do not apply to establishments with video
gaming terminals serving as accessory uses.
Commissioners requested corrections to typographical errors in the backup materials to
ensure that “principal” is appropriately used. Planner Olson apologized and stated the
errors will be corrected.
D. Castro asked City staff if the proposed restriction in item 5 of the amendment to Article
3.01 was too vague and allowed the City too much leeway to subjectively to deny special
use requests. Attorney Frieders responded that the item 5 was drafted to encompass
situations whereby a business could comply with the regulations without violating the
regulations. He further explained that enforcement of the restriction in item 5 would
require the City to demonstrate to a court that a violation existed.
Chair Atherton asked how the proposed amendments would prevent principal use video
gaming establishments from locating in the CBD or a PD-C Districts. Planner Olson
responded that since such establishments are not be listed as a permitted nor special use
Planning and Zoning Commission
February 15, 2017
Page 14 of 15
in the CBD, they are prohibited. Attorney Frieders added the PD-C zoning of the
Cornerstone project does not list that use as permitted or special, so they would be
prohibited there as well.
D. Castro reiterated his concern that item 5 could be used by the City’s Community
Development Director to deny any special use request on a subjective basis. Attorney
Frieders offered to redraft the regulations to be more objective and resubmit them to the
Commission for consideration. Director Charlton stated that City staff is required to be
reasonable in its evaluation of special use permit applications. Attorney Frieders stated
that if a special use permit application was denied by City staff on the grounds of Article
3.01 item 5, the petitioner could appeal to the Commission and/or seek legal due process.
Planner Olson stated that such establishments may locate in the GC district without a
permit; however, such establishments seeking to locate in the LC district would need to
obtain a special use permit.
Other Commissioners agreed with Commissioner Castro, that the language in item 5
should be removed and replaced less subjective criteria. Chair Atherton suggested
adding language that provides examples of “conditions” that could warrant a denial.
Attorney Frieders agreed to work with City staff to revise the language in item 5 to be
clearer with more objective criteria that is enforceable.
MOTION
D. Castro motioned to continue the Planning and Zoning Commission’s discussion on the
amendments to Article 3.01, particularly items 1-5, to their meeting on February 22, 2017.
The motioned was second by V. Buckley.
VOTE
The motion was approved by unanimously voice vote.
G. REPORTS / ITEMS FOR NEXT MEETING
Planner Olson announced agenda items for the February 22, 2017 Special Meeting:
• Public hearing regarding 650 Peace Road to allow a medical cannabis dispensary,
• Public hearing regarding US Cellular’s request to update communication
equipment at 507 East Taylor Street,
• Public hearing to allow 1890 Sycamore Road to have two signs.
Planner Olson also announced that requests for payments to Commissioners for meeting
attendance during the second half of 2016 have been processed, and checks will be
mailed out shortly.
Director Charlton announced Dan Olson’s permanent position as the Principal Planner.
Planning and Zoning Commission
February 15, 2017
Page 15 of 15
I. ADJOURNMENT
Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn.
K. Barbe motioned to adjourn, V. Buckley seconded the motion, and the motion was
approved by unanimous voice vote. The meeting adjourned at 8:52 PM.
Respectfully Submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on March 15, 2017.
Agenda
Council Chambers
200 South Fourth Street
DeKalb, IL 60115
AGENDA
Planning and Zoning Commission
February 15, 2017
6:00 PM
A. ROLL CALL
B. APPROVAL OF AGENDA (Additions or Deletions)
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
D. APPROVAL OF MINUTES
1. January 25, 2017 meeting
E. OLD BUSINESS
F. NEW BUSINESS
1. Public Hearing on a petition by Cornerstone DeKalb, LLC for a zoning map
amendment from the “CBD” Central Business District to the “PD-C” Planned
Development Commercial District, including consideration to approve a
Planned Development less than two acres and exceeding 70 percent site
coverage, and approval of a Concept Plan and other approvals as required
for the subject property to allow for the construction of 4-story building with
commercial on the first floor, no more than 55 luxury apartment units on the
upper floors and associated surface parking (112, 118, 122, and 124 E.
Lincoln Hwy. and 122 S. First St.).
2. Public Hearing on City initiated text amendments to the following Articles of
Chapter 23 “Unified Development Ordinance” of the Municipal Code: Article 3
“Definitions” to add the use and a definition for “Video Gaming Establishment”
when operated as a principal use, Article 5 “Zoning District Regulations” to
add Video Gaming Establishment, as a permitted use in the “GC” General
Commercial District and a special use in the “LC” Light Commercial District,
and Article 7 “Supplemental District Regulations” to create regulations to
establish limitations on the locations of Video Gaming Establishments in
relation to each other, and any related amendments deemed necessary.
G. REPORTS/ITEMS FOR NEXT MEETING
H. ADJOURNMENT
MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
January 25, 2017
The Planning and Zoning Commission held a Meeting on January 25, 2017 at the City of
DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois.
Chair Atherton called the meeting to order at 6:00 PM.
A. ROLL CALL
Natalie Nelson called the roll. Members of the Planning and Zoning Commission
present at roll call: David Castro, Matthew Crull, Vicki Buckley, Deborah Nier, Jerry
Wright, and Chair Christine Atherton. No members were absent at roll call
City staff present were Community Development Director Jo Ellen Charlton,
Interim Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Chair Atherton requested a motion to approve the January 25, 2017 agenda. D.
Castro motioned to approve the agenda, J. Wright seconded the motion, and the
motion was approved by unanimous voice vote.
C. PUBLIC PARTICIPATION (Open Floor to Anyone Wishing to Speak on Record)
None.
D. APPROVAL OF MINUTES
1. January 11, 2017 meeting minutes
Chair Atherton requested a motion to approve the minutes for the January 11, 2017
meeting. J. Wright motioned to approve the minutes as noted, D. Castro seconded
the motion, and the motion was approved by unanimous voice vote.
E. OLD BUSINESS
None.
F. NEW BUSINESS
1. Public Hearing on an application from Weaver Enterprises LTD/Seth
Wolken - Boom Real Estate Development for an amendment to the special use
permit for a restaurant with drive-through approved via Ordinance No. 06-25;
variance to reduce the number of required parking spaces from 41 to 31 and
Planning and Zoning Commission
January 11, 2017
Page 2 of 5
approval of a site plan to allow for the development of a new Sonic Restaurant
with drive-through at 1115 West Lincoln Highway.
PETITIONER PRESENTATION
Seth Wolken, representative from Boom Enterprises, 1540 Dundee Road, Palatine,
Illinois, spoke before the Commission. He stated that Boom Enterprises is a franchisee
for nine Sonic drive-ins in the western and northwestern Chicago suburbs; DeKalb
location will be the tenth location. Mr. Wolken thanked City staff for working cooperatively
on plan development and introduced Wade Harden of Sonic Restaurants.
Mr. Harden, representative of Sonic Restaurants, 300 Johnny Bench Drive, Oklahoma
City, Oklahoma, 73104, spoke before the Commission. He thanked the Commission and
Chair for considering the petition and City staff for working with him to develop the
proposed plans. He presented images on the screen of the site, which was formerly Long
John Silver’s/Kentucky Fried Chicken. He stated that the site will be similar to the existing
site, with the addition of branding elements, ADA accessible pedestrian access from the
Lincoln Highway right-of-way, and four canopy stalls along the east end of the building.
Mr. Harden displayed images of proposed site improvements including canopy stalls that
are a common feature at Sonic locations, a monument sign measuring 5’x10’, and
landscaping that included additional trees requested by the City. He stated that the most
significant changes proposed will be the building elevation due to branding and
improvements required by the City’s UDO. He provided details of additional design
elements for Sonic branding and other improvements to the exterior, including materials,
windows, and awnings.
Mr. Harden displayed images of the proposed parking plan, which includes 31 parking
spaces, 4 canopy spaces, and interior seating for 70. He stated that the variance request
is a reduction in the number of required parking stalls from 41 to 31. He supported this
request with an example of a Sonic location in Chicago on West Wilson Avenue that
functions well with comparable seating, staffing, and fewer parking spots. He also noted
that the previous restaurant functioned well at the proposed site with an even greater
number of dining seats and fewer parking spaces.
Mr. Harden concluded that the proposal before the Commission meets the requirements
for approval of a Special Use Permit and a parking variance. He expressed agreement
with the City staff report and asked the Commission for approval of these requests.
CITY STAFF COMMENTS
City of DeKalb Interim Principal Planner Dan Olson spoke before the Commission. He
stated that the proposed site has a history of restaurants with drive-thru lanes, including
Wendy’s and KFC/Long John Silver’s. He reported that the 2006 approval of a Special
Use Permit for the latter did not specify the number of required parking spaces. Sonic’s
proposal keeps the layout of the site much the same, with access to Lincoln Highway
Planning and Zoning Commission
January 11, 2017
Page 3 of 5
through the entrance on the east and the exit on the west, and additional access on the
northeast through the adjacent gas station parking lot, to Annie Glidden Road. Mr. Olson
summarized the proposed building improvements, changes in elevation, and new
materials, and similarities to the nearby Popeye’s and Culver’s restaurants. He confirmed
that the proposed signage, landscaping, and lighting meet UDO requirements, and the
petitioner has agreed to plant additional canopy trees and install an additional light on the
north end of the property per City staff’s requests. The petitioner has also agreed to
provide $5,000 for decorative street lights to be placed along Lincoln Highway in the
future.
Mr. Olson reported that when the KFC/Long John Silver’s Special Use Permit was
approved in 2006, City staff reports recommended allowing fewer parking spaces than
required due to the property’s limited size, although a specific number was not stated.
Sometime after the initial approval, additional parking was added to increase the total
number of spaces from 22 to 31. Since there is no land to add more parking spaces, Mr.
Olson stated that City staff is comfortable with the 31 parking spaces that currently exist.
Mr. Olson directed the Commission to refer to the City staff report’s “Standards of Finding
of Fact for Variations.”
Mr. Olson stated that City staff recommends approval of the requested variance in the
number of parking spaces and of forwarding to City Council a recommendation to amend
the Special Use Permit.
COMMISSION DISCUSSION
Commissioner Castro asked Mr. Olson what triggered this amendment to a 2006 Special
Use Permit. D. Olson responded that the 2006 ordinance was related to approval of a
KFC/Long John Silver’s, which included specifications for the site including landscaping,
building materials, elevations, and a maximum number of parking spaces as could be
accommodated safely. The number of required parking spaces was not specified. The
conditions of the new proposal do not match the previous Special Use Permit’s conditions,
so an amendment became necessary.
Commissioner Castro emphasized that the variance request before the Commission is
appropriate due to the site’s limited size, which differs from a parking variance request for
fewer parking spaces when a lot has space to expand. He also requested that when the
motion is made, the term “donate” be revised to “give” or “provide” in regard to the funds
for future decorative lighting in the text of the sample motion.
Commissioner Nier voiced agreement with Commissioner Castro and pointed to phrases
in the staff memo that state that parking cannot be expanded, and imposing the parking
space requirement would prevent the redevelopment.
Commissioner Castro asked if City staff is aware of parking issues in the past with other
restaurants on the site. Chair Atherton related that she once saw a bus that needed to
Planning and Zoning Commission
January 11, 2017
Page 4 of 5
park in the nearby gas station due to the narrow nature of the restaurant’s lot. Mr. Olson
noted he is not aware of any past complaints on parking on the site. Chair Atherton asked
for confirmation that 20 parking spaces exist in the back area of the lot near the crossover
area to the gas station. Mr. Harden responded that those parking spaces do currently
exist and maneuvering around them would not be difficult for delivery trucks or emergency
vehicles.
Chair Atherton asked if vehicles stacking at the drive-thru has been considered. Mr.
Harden responded that the drive-thru speaker will remain where it is with space for five
cars to stack in the lane. D. Olson noted that the UDO has a five-car stacking space
requirement.
Chair Atherton expressed thanks to Mr. Harden and Mr. Wolken for bringing Sonic to
DeKalb at the proposed site near the University. She then requested a motion from the
Commission.
MOTION
M. Crull stated that, based upon the submitted petition and testimony presented, he
moved that the Planning and Zoning Commission forward its findings of fact and
recommend to the City Council approval of an amendment to a special use permit for a
restaurant with drive-through approved via Ordinance No. 06-25, and approval of a site
plan, as listed on Exhibit I, to allow for the development of a new restaurant with drive-
through and subject to the following conditions:
1. A revised photometric plan shall be submitted indicating a new parking lot
light along the northern portion of the subject property.
2. Within one year after approval of the special use permit, the applicant shall
provide the sum of $5,000 to the City for the purpose of paying a portion of the
cost of future decorative lighting within the Lincoln Highway Right of Way.
This motion was seconded by D. Nier.
VOTE
A roll call vote was taken. Aye: D. Castro, M. Crull, V. Buckley, D. Nier, J. Wright, and
Chair Atherton. Nay: none. The motion passed 6-0-0.
MOTION
M. Crull stated that, based on the submitted petition, testimony presented and findings of
fact, he moved that the Planning and Zoning Commission approve a variation to reduce
the number of required parking spaces from 41 to 31 on the property subject to the
following conditions:
Planning and Zoning Commission
January 11, 2017
Page 5 of 5
1. The subject site is developed per the Site Plan (Sheet SP 1) prepared by
Sonic Corp. dated 1-16-17.
This motion was seconded by J. Wright.
VOTE
A roll call vote was taken. Aye: D. Castro, M. Crull, V. Buckley, D. Nier, J. Wright, and
Chair Atherton. Nay: none. The motion passed 6-0-0.
Chair Atherton closed the public hearing at 6:34 PM.
G. REPORTS / ITEMS FOR NEXT MEETING
Director Charlton asked Commissioners to confirm their personal contact information.
She also announced that Katherina Barbe has been nominated to join the Planning and
Zoning Commission and will be appointed by Mayor at the City Council meeting on
February 13, 2017.
Planner Olson announced the next meetings of the Planning and Zoning Commission:
• February 15, 2017 – Regular meeting at which public hearings will be held
regarding amendments to the UDO for video gaming and rezoning of a downtown
property for a project.
• February 22, 2017 – Special meeting to address a Special Use Permit on Peace
Road and a Special Use Permit for updated communication equipment on a
building along E. Taylor St.
• March 1, 2017 – Regular meeting.
I. ADJOURNMENT
Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn.
Crull motioned to adjourn, V. Buckley seconded the motion, and the motion was
unanimously approved by voice vote. The meeting adjourned at 6:35 PM.
Respectfully Submitted,
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on .
STAFF REPORT
February 10, 2017
TO: Planning and Zoning Commission
FROM: Jo Ellen Charlton, Community Development Director
Dan Olson, Principal Planner
RE: Cornerstone DeKalb – Rezoning from the “CBD” Central Business District
to the “PD- C” Planned Development – Commercial District (112, 118, 122
and 124 Lincoln Highway and 122 S. First St.) (Cornerstone DeKalb, LLC)
I. GENERAL INFORMATION
A. Purpose Zoning Map Amendment from the “CBD”
Central Business District to the “PD-C”
Planned Development Commercial
District with approval of a Concept Plan
B. Owner/Applicant Cornerstone DeKalb, LLC
C. Location and Size 112, 118, 122 and 124 Lincoln Highway
and 122 S. First St.; .85 acres
D. Existing Zoning and Land Use “CBD” Central Business District/vacant
space, various commercial uses
E. Surrounding Zoning and Land Use North– “CBD” Central Business District
and “GC” General Commercial
District; various commercial
uses
South – “CBD”; public parking lot;
various commercial uses
East – “CBD” Central Business District;
various commercial uses
West – “CBD” and “GC”; pharmacy,
bank, vacant property
F. Comprehensive Plan Designation Commercial
II. APPLICANT'S REQUEST
The City has received a rezoning application from Cornerstone DeKalb, LLC to allow a
four-story mixed use project with 51 dwelling units located above first floor commercial on
the southeast corner of S. First St. and Lincoln Highway. The principal developer involved
is John Pappas, who owns the building located at 124 E. Lincoln Highway, and has
purchase contracts on the following properties:
• 112 & 118 E. Lincoln Highway (formerly Ducky’s and Otto’s)
• 122 E. Lincoln Highway (Mediterraneo Grill)
• 122 S. First Street (Barb City Bagel)
Page 2 of 8
III. BACKGROUND AND ANALYSIS
Project Overview. Provided below are summaries of the project’s concept site
plan, elevation and floor plans, which are attached at the end of the report.
1. Concept Site Plan and General Zoning Information.
Criteria Existing Requirement Proposed
Zoning District CBD PDC
CBD Front Setback No minimum setback 0’-5’
CBD Side Setback No minimum setback 0’ to First Street
10’ between new building and
existing building to east to
provide pedestrian connection
to rear parking
CBD Rear Setback No minimum setback 0’, with courtyard
CBD Lot Coverage No maximum 28,432 sq. ft.
CBD Parking Not Required in CBD 40-45 parking spaces in rear
(122 S. First Location).
Developer has agreed to
cooperative future use of
parking areas.
CBD Residential Lot square feet not less 51 units on .85 acre or 726
Density than 1,500 square square feet/unit
feet/unit
CBD Height 6 Stories or 90’ 4 Stories and 55’
PDC Site Coverage 70% 76.8%
90%, if meets bonus
criteria
Vacation of part of an existing alley is required.
Existing overhead utilities will be relocated underground.
2. Conformance to Comprehensive Planning Documents.
The proposed project is in conformance with many of the recommendations outlined in
the 2007 Downtown Revitalization Plan, the 2011 Design Guidelines, and the 2013
DeKalb City Center Plan. Key findings are as follows:
Because this project is on the western edge of the CBD Zoning District, mixed use
buildings with commercial uses on the first floor are recommended and
encouraged in close proximity to the pedestrian sidewalks.
The plans also recognize that driving remains the predominant mode of
transportation for many people, so despite there being no parking requirement in
Page 3 of 8
the CBD zone, the expansion of parking is encouraged when possible.
Coordinated public parking lots and parking structures are recommended.
Expanded living options and high end living options are recommended. The plans
recognize that housing is an essential contributor to the “critical mass” that strong
downtowns exhibit. One- and two-bedroom units in buildings up to six stories tall
are supported, and are seen as critical to creating a day and nighttime population
that will help support the downtown business economy.
3. Elevation Plans.
The Lincoln Highway and S. First Street elevations are shown in Exhibits 1 and 2 and
can be summarized as follows:
Four-story building, with three floors of residential above first floor commercial.
Taller first floor ceiling heights for greater commercial flexibility.
Full masonry exterior with a mix of stone, brick and enhanced materials.
Commercial windows on the first floor for both Lincoln Highway and First Street
elevations.
4. Floor Plans.
The floor plans are shown in Exhibits 1 and 2 and can be summarized as
follows:
U-Shaped building with center courtyard opening to south (rear) of building
Courtyard options for outdoor dining or resident amenities
5,200 square foot restaurant bar tenant in the corner space at Lincoln and First
planned to include tenant similar to Ellwood Steakhouse
Roughly 1,000 square foot tenant space with direct access to First Street
Roughly 2,500 square foot tenant space with direct access to Lincoln Highway
planned for Barb City Bagel relocation
Balance of the first floor space will provide access and service to upper level
residential units, including a lobby with stairs and elevator, office, meeting,
hospitality and business center rooms
Full basement (not shown) is anticipated
Floors two through four accommodate 17 residential units per floor, with two
different one-bedroom models, each with the following proposed amenities:
• Fully sprinkled building
• Elevator and three stairwells
• Garbage chutes
• Tenant controlled HVAC, internal to the building.
• Fully furnished units
• Modern kitchens with stainless steel appliances and quality cabinets
and countertops
• In unit stacked washer/dryer
• Monthly cleaning service
Page 4 of 8
5. Parking
Providing new parking spaces for specific uses or developments in the downtown area is
not required per the UDO. The applicant is propping to demolish the building at 122 S.
First St. and replace it with a surface parking lot containing 38 regular parking spaces
and two handicap spaces. There are approximately 70 parking spaces in the adjacent
City parking lot to the south and east.
6. Exceptions to the Planned Development – Commercial District Regulations.
Article 5.13.06 of the UDO – Minimum Site Size for a Planned Development
The UDO requires a minimum site size for any Planned Development of two acres. The
minimum site size can be waived by the City Council with recommendation from the
Planning and Zoning Commission if the property has unique characteristics or if it’s
determined the use proposed is desirable or necessary in relationship to the
surrounding neighborhood. The subject site is .85 acres and due to the mixed-use
project and site limitations, an exception is justified.
Article 5.09.02 – Residential Density in CBD
The CBD requires a minimum lot size of 1,500 sq. ft. for each dwelling unit. The number
of dwelling units proposed is 51 which results in 76,500 sq. ft. or 1.75 acres required.
The subject site is .85 acres. Due to the uniqueness of the project and required
densities to make the project economically feasible, the exception is warranted.
Article 5.13.07(4) – Maximum Site Coverage
The maximum site coverage for the Planned Development – Commercial District is 70%,
with an increase up to 90% if recommended by the Planning and Zoning Commission and
approved by the City Council if certain criteria is met. The proposed project meets the
criteria to increase the maximum site coverage since it will provide a mixed use
development that includes amenities that further the goals and policies of the City and
uses an innovative architecture, site planning and design not previously used in the
downtown area and sets an excellent example for subsequent developments.
STANDARDS OF REZONING
1. The proposed rezoning conforms to the Comprehensive Plan, or
conditions have changed to warrant the need for different types of land uses in
that area. The proposed rezoning is appropriate considering the length of time
the property has been vacant, as originally zoned, and taking into account the
surrounding areas trend in development.
The 2005 Comprehensive Plan recommends the subject site for commercial use. In
addition, the proposed project is in conformance with many of the recommendations
Page 5 of 8
outlined in the 2007 Downtown Revitalization Plan, the 2011 Design Guidelines, and the
2013 DeKalb City Center Plan. Mixed use buildings with commercial uses on the first
floor are recommended and encouraged on the western edge of the CBD in the Plans.
Staff believes that the proposed development meets the intent of the City’s
Comprehensive Planning Documents.
The building at 112 and 118 Lincoln Highway have been vacant for several years and
given the current condition of the building it is likely that the City will inevitably incur a
cost of remediation and demolition of these two buildings if the redevelopment is not
allowed. The result would be two more properties off the tax rolls next to already
underperforming properties. The proposed rezoning request will allow the redevelopment
of the site that will spur additional development in the downtown area.
2. The proposed rezoning conforms to the intent and purpose of the Unified
Development Ordinance.
The intent and purpose of the Planned Development zoning district states:
The purpose of the Planned Development Districts is to provide a means of achieving
greater flexibility in development of land in a manner not always possible in
conventional zoning districts; to encourage a more imaginative and innovative design of
projects; to promote a more desirable community environment; and to retain maximum
control over both the design and future operation of the development.
The rezoning of the subject property provides the opportunity to more directly shape the
development, use and appearance of this property in accordance with the City’s design
criteria and conformance with the Comprehensive Plan. The physical boundaries of the
property and densities required for the site make this site a challenging property to
redevelop. The Planned Development allows the developer and the City the flexibility to
agree to a development plan and standards that seek relief from the Unified
Development Ordinance regarding minimum lot size, residential density and site
coverage for a Planned Development. The proposed rezoning request, exceptions to
the UDO and concept plan will allow the redevelopment of the site into mixed-use
project that will spur additional development in the surrounding area.
3. The proposed rezoning will not have a significantly detrimental effect on
the long-range development of adjacent properties or adjacent land uses.
The proposed rezoning should not have a detrimental effect on the adjacent properties
or land uses as it entitles the subject property to a re-use of the property that is
complementary with the adjacent area. The PD-C zoning provides the mechanism to
provide imaginative and innovative design that will have a positive effect on the
surrounding area while providing relief to the applicant allowing the redevelopment of
the subject property. The proposed rezoning request and concept plan will allow the
redevelopment of a highly visible corner in the downtown into a mixed-use development
that will generate new business opportunities and support existing commerce in the
Page 6 of 8
Central Business District, while spurring increased property values and other
development opportunities.
4. The proposed rezoning constitutes an expansion of an existing zoning
district that, due to the lack of undeveloped land, can no longer meet the demand
for the intended land uses.
The subject property is currently zoned “CBD” Central Business District. Rezoning the
property to “PD-C” will allow for a well-designed project. The rezoning will allow for
flexibility by the applicant to redevelop the property in a manner that will complement
the surrounding neighborhood in terms of size, scale and density.
5. Adequate public facilities and services exist or can be provided.
Adequate public services can be provided to the subject property. The developer is
responsible for necessary utility improvements, which can be readily made. The subject
property lies within adequate service areas for other City services, such as police and
fire protection. Vacation of part of an existing alley is required and existing overhead
utilities will need to be relocated underground.
IV. CONCLUSIONS AND RECOMMENDATIONS
The proposed rezoning request and concept plan will allow the redevelopment of a highly
visible corner in the downtown into a mixed-use project that will generate new business
opportunities and support existing commerce in the Central Business District, while
spurring property values and other development opportunities.
The City received written comments regarding the project from Bennetta Stearnes on 2-
10-17 and are provided in the packet.
Sample Rezoning and Concept Plan Approval Motion:
Based upon the submitted petition and testimony presented, I move that the Planning and
Zoning Commission forward its findings of fact and recommend to the City Council
approval of a Zoning Map Amendment from the “CBD” Central Business District to the
“PD-C” Planned Development Commercial District, exceptions to the UDO regarding
minimum lot size, residential density and site coverage for a Planned Development and
approval of a Concept Plan as described in Exhibit A for the properties located at 112,
118, 122 and 124 E. Lincoln Highway and 122 S. First St. and subject to the conditions
listed in Exhibit B:
Page 7 of 8
Exhibit A
Concept Plan
• Layout Plan prepared by Wendler Engineering Services dated 2-09-17.
• Architectural Elevations as indicated on Exhibit 1.
• Ground Floor Plan and Typical Upper Level Plan as indicated on Exhibit 2.
Page 8 of 8
F:\2017 Jobs\2170022\Civil\site-2170022.dwg, 2/9/2017 4:58:59 PM
BENCHMARK INFORMATION
MAG
REVISION DATE
OF BDS
LAYOUT
DJB
1 of - 02/09/2017 2170022
PLAN FOR
www.wendlergs.com ph: 815.288.2261 -
Illinois Professional Design Firm No. 184-000848
Exhibit B
1) Premium one-bedroom residential apartments with full kitchen and bathrooms,
with a total of 51 residential units (17 per floor), with the sizes of such units being in
substantial compliance with the Concept Plan.
2) There shall be no permitted commercial uses on the second or higher floors of
the building, and there shall be no permitted home occupation use of the residential
components of the building. Within the non-residential portions of the first floor of the
building and any portion of the basement of the building allocated to supporting such
non-residential areas, the permitted commercial uses shall be exclusively limited to the
following:
a) Retail Uses. Purely retail uses shall be permitted unless otherwise
prohibited or limited. Minor, indoor incidental services shall be permitted as a
component of retail uses (e.g. sale of computers with incidental computer
servicing, jewelry store providing incidental jeweler services).
b) Restaurants and retail food establishments, including fast-food, sit-down
or other similar establishments. In association with such use, the Owner shall be
permitted to establish and maintain outdoor seating areas in accordance with any
approved Final Plans.
c) Professional Service Offices, such as medical offices for licensed doctors
or chiropractors, urgent care, dental office, legal office,
optometrist/ophthalmologist, accountant, or other similar professional service-
based offices (with the determination of what constitutes a similar professional
office being made by the City Manager). Notwithstanding the foregoing, no more
than 1,000 square feet of the available commercial square footage on the subject
site shall be permitted to be utilized for this purpose.
3) Prohibited Uses:
None of the following uses shall be allowed in or on the subject site:
a) Any use which is not expressly authorized as a Permitted or Special Use.
b) Any residential use other than standalone residential apartments as
contemplated above (and more specifically, any use which would
constitute a “rooming house” or dormitory under applicable City
Ordinances, or which contemplates the use of shared bathroom or kitchen
facilities, shall be prohibited).
c) Community residences.
Page 9 of 8
d) Group homes.
e) Parking lots, as a principal use (and more specifically, any lease, rental or
otherwise offering use of on-site parking by any party other than a resident
or employee of the Property).
f) Outdoor storage of any form not expressly authorized herein.
g) Sales or construction trailers, intermodal shipping containers, van trailers
or similar items used for storage or office purposes, temporary structures
or similar appurtenances used for office, work or storage purposes. Any
such item shall be deemed to be used for office, work or storage purposes
if it remains on the Property in one exterior location for more than twenty-
four (24) hours at any given time. Notwithstanding the foregoing, this
Section shall not apply during any time when there is a building or
demolition permit outstanding.
h) Adult oriented uses; adult bookstores or other establishment displaying,
leasing, trading, selling pornographic materials or any similar use as
defined in the UDO, whether as a principal use or accessory to an allowed
principal use (the foregoing not prohibiting a general audiences bookstore
with not more than 1% of its merchandise being adult-oriented);
i) Animal boarding;
j) Fire, bankruptcy sale, wholesale, overstock auction house or their
equivalent (except that a Court-Ordered bankruptcy sale of less than thirty
days duration shall be permitted);
k) Massage parlor or other similar massage establishment;
l) "Head shop", marijuana dispensary, hookah bars, or establishments that
specialize primarily in the sale of tobacco, tobacco paraphernalia, glass
pipes, implements utilized to burn or concentrate a substance for the
purpose of permitting the smoke, fumes or vapor therefrom to be inhaled,
or drug paraphernalia;
m) Cemeteries and mausoleums;
n) Funeral homes and mortuaries;
o) Automobile, truck, motorcycle, ATV, motor-scooter or motor
vehicle/recreational vehicle/implement repair, service, sales, rentals, parts
or components sales or installation, or maintenance;
p) Contractor offices associated with onsite storage of vehicles, supplies or
equipment, building material or equipment sales, building or equipment
service or maintenance offices, or the equivalent (except that temporary
contractor offices present during construction activities on the Property
shall be permitted);
q) Warehouses, whether accessory to a retail use, or self-service storage;
r) Tattoo parlor, massage parlor, psychic reading / tarot card shop;
Page 10 of 8
s) Church or religious uses;
t) Gas or fuel station or any form of car wash or auto detailing center;
u) A dollar store or a discount department store or wholesale establishment,;
v) A second-hand store;
w) A cash for gold store;
x) A full service, FDIC-insured bank, credit union, retail bank, consumer
banking institution or savings and loan.
y) Currency exchange, money wiring, check cashing facility or equivalent (as
a primary use);
z) Auto title loan or post dated check or payday loan facility or equivalent,
unless associated with a full-service federally-insured bank, credit union or
savings and loan;
aa) Pawn shops;
bb) Fitness clubs or workout facilities (other than as permitted subordinate to
the residential use described above).
cc) Drive-thru facilities.
4). Architectural Elevations:
a) The conceptual architectural elevations shown on Exhibit 1 shall be approved.
The building shall be designed with “four sided architecture”, meaning that all
sides of the building shall feature the same building materials and
architectural improvements.
b) The northwestern corner of the building shall be recessed at the entrance to
the commercial facility at said location, so as to provide a greater setback
from the street intersection.
5). Setbacks and Building Lines:
Setbacks, building lines, floor area ratios, building dimension limitations, height
restrictions and other similar lot/building size/shape restrictions and regulations
shall meet those standards as set forth in the UDO except as provided below:
a) Article 5.13.06 – Minimum Site Size for a Planned Development
The minimum site size for a Planned Development shall be reduced from
2 acres to .85 acres.
b) Article 5.09.02 – Residential Density in CBD District
The minimum lot area shall be reduced from 1,500 sq. ft. for each dwelling
unit to 726 sq. ft. per dwelling unit.
Page 11 of 8
c) Article 5.13.07(4) – Maximum Site Coverage
The maximum site coverage for the Planned Development shall be increased
from 70% to 77% based upon the site meeting the bonus criteria as stated
Article 5.13.07(4).
Page 12 of 8
January 27, 2017
Dear Property Owner:
The DeKalb Planning and Zoning Commission will consider a request on a petition by Cornerstone
Development, LLC for a zoning map amendment from the “CBD” Central Business District to the
“PD-C” Planned Development Commercial District, including consideration to approve a Planned
Development less than two acres and exceeding 70 percent site coverage, and approval of a
Concept Plan and other approvals as required to allow for the construction of 4-story building with
commercial on the first floor, no more than 55 luxury apartment units on the upper floors and
associated surface parking for the property located at 112, 118, 122 and 124 E. Lincoln Highway and
122 S. First St., DeKalb, IL, 60115.
The DeKalb Planning and Zoning Commission will review these requests and hold a public hearing at their
regular meeting on Wednesday, February 15, 2017 at 6:00 p.m. The meeting will be at the DeKalb
Municipal Building, 200 South Fourth Street, DeKalb, Illinois. As a property owner within 250 feet of the
above-mentioned property, you are encouraged to attend this meeting to learn about and comment on the
proposal.
You are also welcome to submit any written comments you may have on the proposal no later than
Wednesday, February 8, 2017. You may submit written comments regarding the request on the enclosed
comment sheet by mail to the address listed above, or by e-mail to dan.olson@cityofdekalb.com. All
comments will be shared with the Commission and included in the public record.
If you have any questions about this request, please feel free to contact the Community Development
Department at (815) 748-2060.
Sincerely,
Dan Olson
Interim Principal Planner
Enclosures
CC: Mayor
City Council
City Manager
Planning and Zoning Commission
Applicant
112, 118, 122 and 124 E. Lincoln Highway and 122 S. First Street – Rezoning from
“CBD” Central Business District to “PD-C” Planned Development – Commercial District
Page 2 of 5
LEGAL NOTICE
NOTICE is hereby given that a public hearing will be held before the DeKalb Planning and
Zoning Commission at its regular meeting on Wednesday, February 15, 2017, at 6:00 p.m. in the
DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois, on a petition by
Cornerstone Development, LLC for a zoning map amendment from the “CBD” Central Business
District to the “PD-C” Planned Development Commercial District, including consideration to
approve a Planned Development less than two acres and exceeding 70 percent site coverage, and
approval of a Concept Plan and other approvals as required for the subject property to allow for
the construction of 4-story building with commercial on the first floor, no more than 55 luxury
apartment units on the upper floors and associated surface parking.
The subject property is legally described as:
112 E. Lincoln Highway: LOTS 2 AND 3 (EXCEPT THE EASTERLY 4 FEET THEREOF OF
SAID LOT 3) IN RUBY'S SUBDIVISION OF A PART OF BLOCK 2 IN THE ORIGINAL
TOWN (NOW CITY) OF DEKALB, ACCORDING TO THE PLAT THEREOF RECORDED
IN BOOK "D" OF PLATS, PAGE 23 ON OCTOBER 29, 1907, IN DEKALB COUNTY,
ILLINOIS.
118 E. Lincoln Highway: THE EASTERLY 4 FEET OF LOT 3; ALL OF LOT 4; AND THE
WESTERLY 12.4 FEET OF LOT 5, ALL IN RUBY'S SUBDIVISION OF A PART OF
BLOCK 2 IN THE ORIGINAL TOWN (NOW CITY) OF DEKALB, ACCORDING TO THE
PLAT THEREOF RECORDED IN BOOK "D" OF PLATS, PAGE 23, ON OCTOBER 29,
1907, IN DEKALB COUNTY, ILLINOIS.
122 E. Lincoln Highway: THE EAST 14.6 FEET OF LOT 5 AND THE WEST 1.4 FEET OF
LOT 6 OF RUBY’S SUBDIVISION OF A PORTION OF BLOCK 2 OF THE ORIGINAL
VILLAGE (NOW CITY) OF DEKALB, ACCORDING TO THE PLAT THEREOF
RECORDED ON OCTOBER 29, 1907, IN BOOK "D" OF PLATS, PAGE 23, SITUATED IN
THE COUNTY OF DEKALB, STATE OF ILLINOIS.
124 E. Lincoln Highway: LOT 6 (EXCEPT THE EAST 4 FEET THEREOF AND EXCEPT
THE WEST 1.4 FEET THEREOF) OF RUBY’S SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED OCTOBER 29, 1907 IN BOOK “D” OF PLATS, PAGE 23, OF
A PORTION OF BLOCK 2 OF THE ORIGINAL VILLAGE (NOW CITY) OF DEKALB, IN
DEKALB COUNTY, ILLINOIS.
122 S. First Street: PART OF THE EAST ½ OF THE NORTHEAST ¼ OF SECTION 22,
TOWNSHIP 40 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DEKALB COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF LOT 1 OF RUBY’S SUBDIVISION OF A PART OF THE
WEST ½ OF BLOCK 2, IN THE CITY OF DEKALB, ACCORDING TO THE PLAT
THEREOF RECORDED IN BOOK "D" OF PLATS, PAGE 23; THENCE EASTERLY
ALONG THE NORTH LINE OF SAID LOT 1 AND THE PROLONGATION OF SAID
NORTH LINE 200 FEET, THENCE SOUTHERLY AND PARALLEL TO THE WESTERLY
LINE OF SAID LOT 1, 70 FEET, THENCE WESTERLY IN A STRAIGHT LINE TO A
Page 4 of 5
POINT ON THE WEST LINE OF SAID LOT 1, 70 FEET SOUTHERLY OF THE POINT OF
BEGINNING; THENCE NORTHERLY AND ALONG THE WEST LINE OF SAID LOT 1, 70
FEET TO THE POINT OF BEGINNING.
THE SUBJECT PROPERTY ALSO INCLUDES THE ALLEY ADJOINING THE
PROPERTIES LISTED ABOVE.
The aforementioned legal description is comprised of Parcel Identification Numbers (PINs) 08-
22-282-001, 08-22-282-002, 08-22-282-003, 08-22-282-004 and 08-22-282-007 and the alley
adjoining the parcels. The subject property is located at 112, 118, 122 and 124 E. Lincoln
Highway and 122 S. First St., DeKalb, IL, and generally located at the southeast corner of E.
Lincoln Highway and S. First St.
All interested persons are invited to appear and be heard at the time and place listed above.
Interested persons are also encouraged to submit written comments on these proposals to the City
of DeKalb, Community Development Department, 200 South Fourth Street, DeKalb, Illinois,
60115 by 5:00 p.m. on Wednesday, February 8, 2017.
Further information is available from the Community Development Department, (815) 748-2060.
Christina Atherton, Chairman
DeKalb Planning and Zoning Commission
Page 5 of 5
City of DeKalb
Planning and Zoning Commission
Staff Report
DATE: February 10, 2017
TO: Planning and Zoning Commission Members
FROM: Jo Ellen Charlton, Community Development Director
Dan Olson, Principal Planner
SUBJECT: Text Amendments to the UDO – Video Gaming
Establishments
GENERAL INFORMATION:
The City has seen a substantial growth in the expansion of video gaming facilities
and has seen them cluster into certain areas in the community. The City has
explored the ramifications of video gaming, particularly where such uses are
implemented in a fashion such that video gaming becomes the primary use of the
facility. At two meetings last summer, the City Council discussed video gaming and
its implications including placing additional limitations on the facilities. There was
consensus with the City Council that video gaming operating as an accessory use
within an existing licensed bar should not be further restricted by the City. With
regard to video gaming establishments that operate as a principal use, the Council
had concerns about the possibility that multiple video gaming businesses could
open in very close proximity to each other. On September 12, 2016, the City
Council approved a moratorium on the issuance of licensing for video gaming
terminals through March 13, 2017. The six month moratorium was approved to
allow the City time to study our video gaming regulations and come up with desired
changes. As of December, 2016 there were 18 video gaming establishments with
76 video gaming terminals in the City.
At the January 11, 2017 Planning and Zoning Commission (PZC) meeting, the
PZC discussed possible amendments to the Unified Development Ordinance
(UDO) regarding video gaming. The PZC discussed and provided direction for the
following: 1) creating a new use and definition for video gaming establishments
when video gaming is the primary or principle use, 2) establishing what zoning
districts video gaming establishments should be a permitted or special use or
prohibited, and 3) additional limitations the City should place on video gaming
establishments, such as minimum separation requirements.
ANALYSIS:
The City’s UDO does not reference “video gaming establishment” as a use,
however, the City has interpreted and allowed video gaming establishments as a
principal use under the “bar” use category. “Bars” are allowed as permitted uses
only in the “CBD” Central Business District and “GC” General Commercial District,
while they are allowed only as a special use in the “LC” Limited Commercial
District. Whether or not bars are permitted or a special use in any of the Planned
Development District zoned areas in the City is dependent on the ordinances
approved for each of those Planned Developments. The proposed amendments
are described in Exhibit I at the end of the report and summarized below.
Amendments to Article 3 “Definitions”
The use “video gaming establishment” and a definition has been drafted that states
establishments that include video gaming terminals for which the serving of liquor
is secondary and accessory to the operation of the video gaming terminals are
considered a video gaming establishment. The definition also includes other
criteria that would be reviewed to determine if the video gaming operation was the
principal use. The criteria looks at the number of seats, type of food that is served
and the floor area in assisting to determine if the video gaming operation is a
principle or accessory use. The proposed definition is below and indicate on
Exhibit I.
Video Gaming Establishment: An establishment whose primary purpose is
to operate video gaming terminals, as defined in the Video Gaming Act (240
ILCS 40/1 et. seq.), where the drawing, pouring, mixing, or otherwise
serving of alcoholic liquor on the licensed premises is secondary and
accessory to the operation of the video gaming terminals. In determining
whether an establishment constitutes a video gaming establishment, any
one or a combination of the following criteria may be considered in the
City’s decision, as determined by the Community Development Director of
designee.
1. The establishment contains video gaming terminals, as defined in
the Video Gaming Act (240 ILCS 40/1 et. seq.).
2. The number of seats designated for the serving of food or
beverages is 30 or less. Seats designated for a video gaming
terminal, as defined by the Video Gaming Act (240 ILCS 40/1 et.
seq.), are not included.
3. Establishments that have a Category 2 or 3 Food Establishment
Permit from the DeKalb County Health Department.
4. The gross floor area of the establishment is 2,500 square feet or
less.
Page |2
5. Such other conditions which readily suggest or indicate that the
establishment is intended or is being operated whose primary
purpose is the operation of video gaming terminals for play by the
public.
For purposes of this subsection, establishments that have a Public
Entity/Non-Profit Liquor License (as defined in Chapter 38 “Intoxicating
Liquors” of the Municipal Code) shall be exempt from these regulations as
long the operation of the video gaming terminals are accessory and
subordinate to the principal use.
In addition to a new use “video gaming establishment”, the existing definition for
“principal use” was expanded so it was more clear that the purpose or function of
a building, structure, or parcel of land was considered when determining if a use
is a principal use or not. See attached Exhibit I.
Amendments to Articles 5.07 “LC” Light Commercial District and 5.08 “GC”
General Commercial District - Permitted and Special Uses
Currently video gaming establishments operating as the principle use are
categorized as “bars”, per the UDO. Bars are permitted uses only in the CBD and
GC Districts, while they are allowed only as a special use in the LC District. The
proposed amendments include adding “video gaming establishment” as a
permitted use in the GC District and as a special use in the LC District. The staff
suggested and the PZC agreed at their January 11th meeting to not allow video
gaming establishments operating as a principle use in the CBD District. The PZC
acknowledged the importance of retaining key spaces for traditional downtown
shopping experiences in the CBD and excluding licensing for video gaming as a
principal use. This restriction would not impact a bar or brew pub that might wish
to open or existing uses such as O’Leary’s who currently enjoys video gaming as
an accessory use to their business. Video gaming operating as an accessory use
to a principal use will still be allowed in those zoning districts where the principal
use is allowed as a permitted or special use.
Amendments to Article 7 “Supplemental District Regulations” – by adding Article
7.20 “Video Gaming Establishments” (Separation Requirements for Video Gaming
Establishments and Video Gaming Establishments in Planned Developments)
The City currently has no zoning regulations that restrict multiple video gaming
establishments opening up in the same shopping center or in close proximity to
each other. A very small 1,500 linear foot stretch along Sycamore Road contains
nearly 23% of all video gaming businesses in the community. The PZC discussed
at their January 11th meeting and believed it was warranted to restrict the proximity
of video gaming establishments operating as a principle use. The PZC discussed
possible separation requirements including minimum distance requirements or
Page |3
setting a maximum percentage that a video gaming establishment could occupy in
a multi-tenant building.
Staff researched other communities that have separation requirements between
video gaming establishments and reviewed the current location of video gaming
establishments operating as the principle use in the community. It was determined
that a minimum distance of 500 feet between the buildings or a tenant space where
a video gaming establishment was located was the most efficient, fair and
enforceable separation requirement. The existing video gaming establishments
operating as a principle use along the Sycamore Road corridor are shown on Maps
1-3 at the end of the report. A 500 foot buffer is shown around each location and
reveals where new video gaming establishments operating as a principle use could
and could not locate. Existing video gaming operations that do not meet the
separation requirements would be allowed to continue to operate and would be
considered legal non-conforming uses under the provision of Article 19 “Non-
Conforming Situations” of the UDO. Language is proposed in the amendment that
a change in ownership or tenancy of a non-conforming video gaming
establishment, as determined by Article 19 of the UDO, would not require the
discontinuance of the use.
Language is also provided in Exhibit I that states video gaming establishments
proposing to locate in Planned Development Districts established prior to the
adoption of these regulations would be categorized as a “bar” or “tavern” for
purposes of determining if they are a permitted use, special use or prohibited use.
The 500 foot minimum separation requirement between video gaming
establishments, which is part of the amendment, would still apply.
Article 12 – “Parking and Loading”
The use “video gaming establishment” was added to the Schedule of Off-Street
Parking Requirements in Article 12.08 of the UDO and a minimum parking
requirement of one parking spaces for every 250 square feet of floor area was
added. This minimum parking requirement is consistent with the requirement for
“commercial service facilities and retail sales uses” in Article 12.08.
Additional Information
The PZC had requested that a map (see attached Map entitled Liquor License
Establishments) be provided showing the locations of all liquor license holders with
classifications that would allow video gaming. The existing video gaming license
holders are identified by an x at the map location. The map reveals where future
video gaming operations (as a principle or accessory use) could be located.
The PZC also requested that other nearby communities be contacted for their
video gaming regulations. The communities of Sycamore, Cortland, Maple Park,
Genoa and Rochelle were contacted and a chart is provided on the next page that
Page |4
indicates the basic regulations each community has including the number of
establishments and terminals.
# of # of
Municipality Permitted/Prohibited Locations Establishments Terminals
Allowed as principle or accessory use
in businesses with bar/hospitality
liquor license; fraternal organizations.
DeKalb Not allowed in restaurants. 18 76
Allowed only in bars and clubs. Not
allowed in restaurants, liquor stores,
Sycamore gas stations. 12 54
Video gaming is not a permitted use.
Terminals are allowed as an
accessory use only to an already
Cortland properly permitted use (liquor license). 0 0
Allowed in all liquor license
Maple Park categories. 3 11
Allowed in businesses that obtain a
Rochelle liquor license. 13 55
Allowed wherever a liquor license has
Genoa been issued. 5 21
Also provided in the packet are the staff memos dated July 6, 2016 and August 17,
2016 that were presented to the City Council and the staff memo dated January 6,
2017 that was presented to the PZC at their January 11, 2017 meeting as well as
the minutes of the meeting.
RECOMMENDATION:
Sample Motion:
Based on the submitted petition and testimony presented, I move that the
Planning and Zoning Commission recommend to the City Council approval of the
text amendments to Articles 3 “Definitions”, 5.07 “LC” Light Commercial District,
5.08 “GC” General Commercial District, 7 ‘”Supplemental District Regulations”
and 12 “Parking and Loading” of the UDO as indicated in Exhibit I.
Page |5
EXHIBIT I
Amend Article 3.01 of the UDO to amend the following definition:
Principal Use: The primary use to which the premises are devoted. The
primary purpose or function of a building, structure, or parcel of land, or
portion thereof, as determined by the Community Development Director or
designee, based upon the configuration and improvement of the space
and the available information regarding its use. A principal use may be a
permitted or special use.
Amend Article 3.01 of the UDO to add the following definition:
Video Gaming Establishment: An establishment whose primary
purpose is to operate video gaming terminals, as defined in the Video
Gaming Act (240 ILCS 40/1 et. seq.), where the drawing, pouring, mixing,
or otherwise serving of alcoholic liquor on the licensed premises is
secondary and accessory to the operation of the video gaming terminals.
In determining whether an establishment constitutes a video gaming
establishment, any one or a combination of the following criteria may be
considered in the City’s decision, as determined by the Community
Development Director of designee.
1. The establishment contains video gaming terminals, as defined in the
Video Gaming Act (240 ILCS 40/1 et. seq.).
2. The number of seats designated for the serving of food or beverages is
30 or less. Seats designated for a video gaming terminal, as defined by
the Video Gaming Act (240 ILCS 40/1 et. seq.), are not included.
3. Establishments that have a Category 2 or 3 Food Establishment Permit
from the DeKalb County Health Department.
4. The gross floor area of the establishment is 2,500 square feet or less.
5. Such other conditions which readily suggest or indicate that the
establishment is intended or is being operated whose primary purpose
is the operation of video gaming terminals for play by the public.
For purposes of this subsection, establishments that have a Public
Entity/Non-Profit Liquor License (as defined in Chapter 38 “Intoxicating
Liquors” of the Municipal Code) shall be exempt from these regulations as
long the operation of the video gaming terminals are accessory and
subordinate to the principal use.
Amend Article 5.07.03 of the UDO to add the following use to the list of special
uses in the “LC” Light Commercial District:
20. Video gaming establishments.
Page |6
Amend Article 5.08.02 of the UDO to add the following use to the list of permitted
uses in the “GC” General Commercial District and renumber #22 to #23:
22. Video gaming establishments;
22. 23. Warehouses associated with showrooms or retail outlets where the
warehouse portion does not exceed fifty percent (50%) of the total gross
from the area.
Amend Article 7 “Supplemental District Regulations” of the UDO to add Article
7.20 Video Gaming Establishments and the following language:
7.20.01 Distance Separation Requirements
1. A video gaming establishment, as defined in Article 3 of this Ordinance,
shall not be located within 500 feet of another video gaming
establishment. This distance separation requirement shall be measured in
a straight line from the nearest corner of a space containing a video
gaming establishment to the nearest space containing a video gaming
establishment.
2. Existing video gaming establishments, as defined in Article 3 of this
Ordinance, which do not meet the distance separation requirements listed
in Article 7.20.01 (1) on the effective date of this Ordinance may continue
to operate and have their annual Video Gaming License renewed,
provided they meet the requirements of the Chapter 38 “Intoxicating
liquors” of the Municipal Code and Article 19 “Non-Conforming Situations”
of this Ordinance. A change in ownership or tenancy of a non-conforming
video gaming establishment, as determined by Article 19 of this
Ordinance, does not require the discontinuance of the use.
7.20.02 Planned Development Districts
Video Gaming Establishments proposed to the be located in Planned
Development Districts established prior to the adoption of this Ordinance
shall be categorized as a “bar” or “tavern” for purposes of determining if
they are a permitted use, special use or prohibited use. The distance
separation requirement described in Article 7.20.01 of the Ordinance still
applies.
Amend Article 12.08.01 of the UDO to add the following use and minimum
parking requirement:
Video Gaming Establishment 1 space for every 250 square feet of
floor area
Page |7
Video Gaming Principal Sites
LARKING AV
MEADOW CREEK DR
MEDITERRANEAN DR
ME MIDLAND
A DO S CT
W BETHANY RD RE W
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RESOURCE PKWY
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3260 SYCAMORE RD
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JAMES 2581 SYCAMORE RD
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Principal Video Gaming Location
File: \Projects\Community Development\Video Gaming\Video Gaming Prinicpal Sites - Sycamore Rd - All.mxd
Created: 2/7/2017 DJE
Last Updated: 2/9/2017 DJE
0 500 1,000 2,000 3,000 4,000
I Feet
Video Gaming Sites - Prinicpal Use
Map 1 of 3
LUCKY POKER
1812-C SYCAMORE RD
CHARLEY'S
1792 SYCAMORE RD
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1704 SYCAMORE RD
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File: \Projects\Community Development\Video Gaming\Video Gaming Prinicpal Sites - Sycamore Rd.mxd
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File: \Projects\Community Development\Video Gaming\Video Gaming Prinicpal Sites - Sycamore Rd.mxd
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MINUTES
CITY OF DEKALB
PLANNING AND ZONING COMMISSION
January 11, 2017
The Planning and Zoning Commission held a Meeting on January 11, 2017 at the City of
DeKalb Municipal Building, 200 S. Fourth St., DeKalb, Illinois.
Chair Atherton called the meeting to order at 6:01 PM.
A. ROLL CALL
Natalie Nelson called the roll and the following members of the Planning and Zoning
Commission were present: David Castro, Deborah Nier, Jerry Wright, Vicki Buckley, and
Chair Christine Atherton. Member absent at roll call was: Matthew Crull.
City staff present were Community Development Director Jo Ellen Charlton, Interim
Principal Planner Dan Olson, and Administrative Assistant Natalie Nelson.
B. APPROVAL OF THE AGENDA (Additions/Deletions)
Interim Principal Planner Dan Olson announced that item D1, under Approval of Minutes,
should be corrected to read November 30, 2016, not November 20.
Chair Atherton requested a motion to approve the January 11, 2017 agenda as amended.
D. Castro motioned to approve the agenda as amended, J. Wright seconded the motion,
and the motion was approved by unanimous voice vote.
C. CITIZEN COMMENTS (Open Floor to Anyone Wishing to Speak on Record)
None.
D. APPROVAL OF MINUTES
1. November 30, 2016 meeting minutes
Chair Atherton requested a motion to approve the minutes for the November 30, 2016
meeting. J. Wright motioned to approve the minutes as noted, D. Castro seconded the
motion, and the motion was approved by unanimous voice vote.
2. December 14, 2016 meeting
Chair Atherton requested a motion to approve the minutes for December 14, 2016
meeting. D. Castro motioned to approve the minutes as noted, J. Wright seconded the
motion, and the motion was approved by unanimous voice vote.
Planning and Zoning Commission
January 11, 2017
Page 2 of 6
E. OLD BUSINESS
None.
F. NEW BUSINESS
Before addressing the Public Hearing, Chair Atherton welcomed new commissioner Vicki
Buckley. Commissioner Buckley provided an overview of her work experience and
community involvement.
1. Public Hearing on Text Amendments to Article 7.14 “Design Requirements for
New Residential Construction” of the Unified Development Ordinance.
Interim Principal Planner Dan Olson provided City staff comments. He reported that the
Mayor and City Council have been working to consolidate the commissions, boards, and
committees to avoiding duplication of duties and improve efficiency. The purpose of the
Design Review Committee (DRC) was to review design plans for new homes. The DRC
has not met for over seven years. The proposed amendments will remove the DRC from
the municipal code and assign its duties to the Landmark Commission or the Community
Development Director.
D. Olson referred to Exhibit 1, which contains the proposed changes to Article 7.14 of the
Unified Development Ordinance (UDO). He explained that the DRC was developed to
review new homes in subdivisions approved after 1990 and built out to more than 90%.
Currently, most subdivisions built since 1990 are either completed or have not yet
reached the 90% built out. The DRC also was tasked with reviewing plans for homes
either in a historic district or historic landmark, after the Landmark Commission’s
comments.
D. Olson provided an overview of the changes involved in the transfer of the DRC duties.
He explained that the design guidelines and checklist in Article 7.14, which requires a
75% score for approval, will remain in place. Plans for homes in a historic district or a
historic landmark will be reviewed and scored by the Landmark Commission. Plans for
homes not in a historic district or a historic site, or in subdivisions approved after 1990
that are beyond 90% built out, will be reviewed and scored by the Community
Development Director or designee.
D. Olson added that if a plan is denied by either the Landmark Commission or the
Community Development Director or designee, the applicant may still appeal to the City
Council as was the case previously.
City staff recommends approving the proposed changes to the Municipal Code, including
deleting Chapter 48 and amending Chapter 44 and Chapter 23, Article 7.14.
Regular Meeting
January 11, 2017
Page 3 of 6
PUBLIC PARTICIPATION
At 6:10 PM, Chair Atherton announced that she would invite the public to speak but noted
that no public was present.
COMMISSION DISCUSSION
Chair Atherton asked City staff if the Landmark Commission meeting schedule is regular.
Director Charlton explained that the Landmark Commission meets on an ad hoc basis,
so a meeting would be called if a petition required its review and approval.
Commissioner Castro asked for clarification of the role of the Landmark Commission
versus the Community Development Director or designee. D. Olson responded that the
location of the new home governs whether the Landmark Commission or the Community
Development Director or designee review and approve or deny design plans. If a new
home is located in a historic district or a historic site, only the Landmark Commission is
responsible for determining if the design plans are acceptable. If the new home is located
outside a historic district and not a local landmark and in subdivisions approved after 1990
and beyond 90% built out, only the Community Development Director or designee reviews
the plan.
Planner Olson explained that the proposed amendments to Appendix 7-A in the meeting
packet did not include the tracked changes to the fourth and fifth columns, which had
previously read “Staff” and “DRC,” respectively. City staff will provide a revised Appendix
7-A with redlined text included when presented to the City Council.
MOTION
Commissioner Wright motioned that, based on the submitted petition and testimony
presented, that the Planning and Zoning Commission recommend to the City Council
approval of the text amendments to Article 7.14 of the UDO to absorb the Design Review
Committee’s duties into the Landmark Commission or the Community Development
Director or designee as indicated in Exhibit I and Appendix 7-A. The motion was seconded
by Commissioner Castro.
VOTE
A roll call was vote taken. Yes votes were voiced by D. Castro, D. Nier, J. Wright, V.
Buckley, and Chair Atherton. No no votes were voiced. The motion passed unanimously.
Chair Atherton closed the public hearing at 6:17 PM.
Planning and Zoning Commission
January 11, 2017
Page 4 of 6
2. Discussion on Video Gaming
D. Olson provided background information on video gaming regulations. In 2009, the
State of Illinois passed the Video Gaming Act, which authorized the placement of up to
five video gaming terminals in licensed retail establishments, truck stops, and veteran and
fraternal establishments, all of which must have liquor sales. The City of DeKalb opted in
to allow video gaming.
As of November 2016, the City of DeKalb had 18 video gaming establishments with 76
terminals in the City. Initially bars and fraternal organizations added video gaming
machines to their locations as accessories. Soon, primary use video gaming
establishments began to spread across Illinois and chains of video gaming
establishments developed. These types of locations often occupy in small units in multi-
tenant commercial buildings in high traffic areas.
D. Olson reported that last summer the City Council discussed at length their concerns
and those of the citizens regarding the proliferation of video gaming establishments.
Copies of City staff memos to the City Council are included in the meeting packet. In
September 2016, City Council placed a moratorium on new video gaming terminals to
allow time to study the issue and develop regulations for principal use video gaming
establishments. The moratorium is scheduled to expire on March 13, 2017. The City
Council and City staff requested the Planning and Zoning Commission to provide
guidance and direction for drafting an amendment to the Municipal Code. A public hearing
before the Planning and Zoning Commission is planned for February 15, 2017, in
preparation for the City Council’s consideration by the time the moratorium expires.
City staff requested that this Commission consider the following amendments to the UDO:
1) Creating a new zoning classification and definition for video gaming/modifying
the definitions for accessory and principal use,
2) Determining which zoning districts should allow principal use video gaming as
a permitted use, a special use, or prohibited, and
3) Limiting the distance between video gaming establishments to avoid clusters.
D. Olson added that video gaming is currently allowed in zones wherever bars and
fraternal organizations are allowed, including in the downtown Central Business District
(CBD) area.
Discussion among the Commission members took place. Chair Atherton confirmed with
City staff that the liquor license classification governs the location and hours of operation
of video gaming establishments. Director Charlton offered to provide to the Commission
at the next meeting a map that shows the video gaming locations as well as other liquor
license locations.
Regular Meeting
January 11, 2017
Page 5 of 6
Planner Olson explained that if the ordinance for a Planned Development-Commercial
site (PD-C) allows bars, video gaming is also allowed. Director Charlton recommended
that regulating video gaming be considered during the creation of future planned
developments.
Commissioner Castro suggested considering whether the City should regulate video
gaming or should the market be allowed to determine the number of establishments and
their proximity to each other.
Commissioner Nier asked if the City can reduce the number of video gaming terminals
allowed to less than the five allowed by the State. Director Charlton responded that a
municipality cannot impose a lower limit. She added that municipalities that require
kitchen food service for a liquor license are less desirable for video gaming due to the
increased start-up investment costs. Kitchen food service is not required for a bar liquor
license in DeKalb, so it is attractive for these establishments to locate here. It was noted
that, the monies patrons spend on alcohol at DeKalb’s primary use video gaming
establishments is far less than the amount patrons gamble on the video gaming terminals.
The Commission requested that definitions for video gaming be clarified since these are
not traditional arcade games. Multiple Commission members stated they wished to
prohibit principal use video gaming establishments in the downtown Central Business
District (CBD) area and continue to encourage primarily retail uses in that area. They also
discussed the option of limiting new video gaming establishments elsewhere in the City
by instituting a minimum distance between them or limiting the number allowed in a
certain area.
Director Charlton explained to the Commission that the memo dated July 6, 2016,
included in the meeting packet, states that three video gaming establishments on
Sycamore Road were pending approval. Between the time that memo was written and
the beginning of the moratorium, all three were approved. Any amendment to the UDO
made now would allow existing video gaming establishments to continue operating as
legal non-conforming, provided that ownership or use do not change, and the building is
not destroyed beyond 50%.
Commissioner Castro asked whether DeKalb has a history of restricting the location of
any other types of businesses. Director Charlton related her experience in another
community that sought to limit the proliferation of beauty supply stores in a downtown
area by implementing a minimum separation distance. Planner Olson reported that
DeKalb requires a minimum distance between principal use retail tobacco establishments
and between retail tobacco establishments and other uses.
The Commission and City staff agreed that limiting the number of video gaming
establishments could be achieved with distance restrictions and/or setting a maximum
percentage of a building that could be occupied by video gaming.
Planning and Zoning Commission
January 11, 2017
Page 6 of 6
Commissioner Nier asked if additional video gaming businesses have inquired about
locating to DeKalb since the moratorium was enacted. Director Charlton reported that a
developer had expressed interest in locating a video gaming establishment in the strip
center next to Schnuck’s. She added that per the Planned Development Agreement bars
are not allowed; therefore, video gaming could not be a permitted or special use without
an amendment. Natalie Nelson reported that a fraternal organization inquired if they could
keep their current video gaming terminals if they relocated. They were advised that since
their terminals are dependent upon their liquor license, and relocating would require a
new liquor license, their terminals would not be permitted at a new location during the
moratorium.
The Commission asked City staff to investigate video gaming restrictions in surrounding
communities, namely Sycamore, Rochelle, and Maple Park. City staff will also present to
the Commission at the next meeting a draft text amendment with language to prohibit
video gaming establishments in the CBD as neither a permitted use nor a special use, to
clarify definitions of video gaming, and to suggest location restrictions. City staff will also
report upon surrounding communities’ treatment of video gaming and what non-
conforming situations will be affected by instituting separation restrictions.
G. CONSIDERATIONS
None.
H. REPORTS / ITEMS FOR NEXT MEETING
City staff reported that several petitions are in the Commission’s queue. To avoid a very
long meeting, City staff asked to schedule an additional meeting on February 22, 2017.
Commissioners will confirm availability with City staff.
The next meeting of Commission, scheduled for January 25, 2017, will include a Public
Hearing regarding a Sonic restaurant on West Lincoln Highway.
I. ADJOURNMENT
Seeing and hearing no further comments, Chair Atherton requested a motion to adjourn.
D. Nier motioned to adjourn, D. Castro seconded the motion, and the motion was
unanimously approved by voice vote. The meeting adjourned at 7:08 PM.
__________________________________________
Natalie Nelson, Administrative Assistant
Minutes were approved by the Planning and Zoning Commission on January 25, 2017.
City of DeKalb
Planning and Zoning Commission
Staff Report
DATE: January 6, 2017
TO: Planning and Zoning Commission Members
FROM: Jo Ellen Charlton, Community Development Director
Dan Olson, Interim Principal Planner
SUBJECT: Video Gaming Discussion – Potential Amendments to
the UDO
GENERAL INFORMATION:
In 2009, the State of Illinois passed the Video Gaming Act, which authorized the
placement of up to five Video Gaming Terminals (VGT) in licensed retail
establishments, truck stops, and veteran and fraternal establishments. At that time,
the City of DeKalb engaged in extensive public discussion of the topic, and
ultimately proceeded to authorize video gaming to occur in limited types of licensed
liquor establishments. The City Council enacted ordinances that restricted VGT
placement by prohibiting them at restaurants that are required to serve food with
purchases of alcohol, and at any facility which has a combination license
authorizing use of any portion of the premises as a restaurant. The City does allow
VGTs at Golf Courses with restaurants. The City’s first video gaming
establishment was approved in 2013. As of November, 2016 there were 18 video
gaming establishments with 76 terminals in the City.
ANALYSIS:
The City has since seen substantial growth in the expansion of video gaming
facilities, and has seen the clustering of these facilities into significant density in
targeted areas of the City. The City has explored the ramifications of video gaming,
particularly where such uses are implemented in a fashion such that video gaming
becomes the primary use of the facility. At two meetings last summer, the City
Council discussed video gaming and its implications including placing additional
limitations on the facilities. On September 12, 2016, the City Council approved a
moratorium on the issuance of licensing for video gaming terminals through March
13, 2017. The six month moratorium was approved to allow the City time to study
our video gaming regulations and come up with desired changes.
We are bringing this matter to the Planning and Zoning Commission for discussion
regarding the following items that will require amendments to the Unified
Development Ordinance (UDO): 1) creating a new zoning classification and
definition for video gaming/modifying the definitions for accessory and principal
use, 2) what zoning districts should video gaming be a permitted or special use,
and 3) additional limitations the City should place on video gaming businesses.
The City’s UDO does not reference “video gaming”, however, the City has
interpreted and has allowed video gaming as a principal use as a “bar”. “Bars” are
allowed as “permitted” uses only in Central Business District (CBD) and General
Commercial (GC) zoning districts, while they are allowed only as a special use in
the Limited Commercial (LC) zoning district. Whether or not bars are permitted or
special in any of the City’s Planned Development (PD) projects is dependent on
the ordinances approved for each of the City’s PDs.
While the City’s existing regulations are comprehensive in the restriction of these
businesses as accessory uses in existing businesses, there are no restrictions on
video gaming businesses operating as a principal use. At the Council discussions
last summer, there was consensus that video gaming operating as an accessory
use within an existing licensed bar should not be further restricted by the City. With
regard to video gaming establishments that operate as a principal use, the City
Council had concerns about the possibility that multiple video gaming businesses
could open in very close proximity to each other.
Create New Classification and Definition for Video Gaming
Amend the Article 3 “Definitions” section of the UDO to create a specific definition
for video gaming and review and modify, if necessary, the definitions for accessory
use and principal use. The definition for video gaming should include language
that clearly categorizes it as a principle use.
Zoning Districts Where Video Gaming Would be a Permitted or Special Use
Video gaming establishment (interpreted as “bars” per the UDO) are allowed as
“permitted” uses only in Central Business District (CBD) and General Commercial
(GC) zoning districts, while they are allowed only as a special use in the Limited
Commercial (LC) zoning district. The staff recommends to continue to allow video
gaming as an accessory use as currently allowed by the UDO, except that video
gaming as a principal use should not be allowed in the downtown CBD. The CBD
has five video gaming establishments, however none are operating in the district
as a principal use. Given the importance of retaining key spaces for traditional
downtown shopping experiences, staff recommends these spaces be excluded
from further licensing for video gaming as a principal use, and that downtown
spaces remain available for traditional retailers and approved commercial
operations. This restriction would not impact a bar or brew pub that might wish to
Page |2
open or existing uses such as O’Leary’s who currently enjoys video gaming as an
accessory use to their business.
Additional Restrictions for Video Gaming Operations
The City currently has no zoning regulations that would restrict multiple video
gaming businesses opening up in the same shopping center or in close proximity
to each other. An entire shopping center could be utilized by multiple video gaming
businesses, each with five machines authorized by the State license, if the City
issued liquor licenses to each entity. A very small 1,500 linear foot stretch along
Sycamore Road contains nearly 23% of all video gaming businesses in the
community. Given that it has become fairly evident that video gaming facilities
(particularly those that operate as principal uses) do not behave in an otherwise
predictable commercial manner, additional limitations are warranted.
1. Establish a limitation on the video gaming licenses so that no more than one
is allowed in any continuous shopping center building (multi-tenant building).
2. Add a restriction that they cannot be located on a property that is within 250’
or some other acceptable distance from another video gaming facility.
3. If additional limitations to principal use video gaming establishments are
desired, a restriction could be added that would also limit the locations of new
principal use video gaming establishments to not closer than 100’ (or more as
determined by the City), from the property line of a building where another video
gaming business is already located.
SUMMARY/RECOMMENDATION:
No official action or motion is required. Staff asks the Commission to provide
direction per the discussion items in the memo. With the Commission’s input, staff
will prepare and process a text amendment for review and recommendation by the
Commission, which would allow for additional public comment via the public
hearing process. Final authority to amend any regulations regarding video gaming
rests with the City Council. We plan to set a public hearing date of February 15th
in front of the Commission regarding the proposed text amendments. The intent is
to have the amendments to the UDO approved by the City Council prior to the
expiration of the moratorium on March 13th.
Provided in the packet are the staff memos dated July 6, 2016 and August 17,
2016 that were presented to the City Council. The memos provide a thorough
review of video gaming in the City and also include maps showing the location of
video gaming establishments in the City. Also include in the packet is the City
Zoning Map.
Page |3
DATE: July 6, 2016
TO: Honorable Mayor John Rey
City Council
FROM: Anne Marie Gaura, City Manager
Ellen Divita, Community Development Director
Jo Ellen Charlton, Principal Planner
SUBJECT: Video Gaming Terminal Discussion.
I. Summary
In the past six months, questions about limiting video gaming have been raised. This
memo provides the history, ordinances, and data related to video gaming in the City and
is intended for Council discussion and direction.
II. Background
Video Gaming facilities have become more popular in recent years with enactment of the
Illinois Video Gaming Act (VGA) which passed in July 2009. The VGA authorized the
placement of up to five Video Gaming Terminals (VGT) in licensed retail establishments,
truck stops, and veteran and fraternal establishments. The VGA established
requirements, including alcohol licensing at certain categories of establishments with
VGTs, locations on the premises where VGTs are allowed, and the permissible methods
for winnings payouts. In addition, the VGA provided for incorporated municipalities and
counties (for unincorporated areas) to choose to prohibit VGTs within their jurisdictions
by passing an ordinance or through successful passage of a voter referendum.
The City Council enacted ordinances that restricted VGT placement by prohibiting them
at restaurants that are required to serve food with purchases of alcohol, and at any facility
which has a combination license authorizing use of any portion of the premises as a
restaurant. The City does allow VGTs at Golf Courses with restaurants.
Currently, 19 establishments operate with a total of 79 terminals. Seven of these
establishments are within one mile from each other on Sycamore Road including three
within 800 feet of each other. Three more VGT licenses are pending and would add 15
VGTs (five at each of the three locations).
Page |1
Revenue generated through taxation on VGTs is considerable. Between 2013 and May
2016 VGTs have generated a grand total of $282,960.92 in taxes to the City from 17
establishments with a total of 71 VGTs.
In March of 2015, the City approved its first license for a facility where video gambling
was the principal use of the business. This newer business model is different than adding
VGT’s to existing businesses as accessory uses where the business would continue with
or without the gaming devices. Instead, video gaming businesses operating as a principal
use target smaller commercial spaces (generally around 1,200 square feet) in established
multi-tenant shopping centers so they can target their primary market of people, who are
out at all times of the day running errands. These newer video gaming businesses are
typically open longer hours than most bars, and are just as likely to serve coffee, breakfast
and lunch items as they are to serve liquor. Most entrepreneurs seeking locations for this
business model admit that the liquor license for them is merely a means to an end as they
would be happy to operate these businesses without a liquor license.
Exhibit 1 on the next page lists all businesses in DeKalb that have video gaming licenses,
including three that are pending. All three pending licenses and two licenses issued in
the last three months are for video gaming businesses operating as the principal use.
Because there is little start-up costs required when compared to the start-up costs for
bars and other uses where video gaming is an accessory use, it is these business models
that have the potential to proliferate quickly and have a negative impact on the community
if not regulated. The City currently has no zoning regulations that would restrict multiple
video gaming businesses opening up in the same shopping center. An entire shopping
center could be utilized by multiple video gaming businesses, each with the five machines
authorized by the State license, if the City issued liquor licenses to each entity. It is these
newest video gaming businesses operating as principal uses that have prompted many
local governments to consider new restrictions on the use. Restrictions can be written
into liquor codes, zoning ordinances or a combination of both.
Many communities are regulating video gaming businesses that are principal uses as
special uses in named zoning districts. If this were done in the City, new video gaming
businesses opening as a principal use would only be allowed after a public hearing by the
Planning and Zoning Commission (PZC) and approval of an ordinance by the City
Council. All existing video gaming businesses operating as principal uses would become
non-conforming.
Another strategy used by communities to regulate video gaming businesses operating as
a principal use involves liquor code amendments that tie the liquor license to the service
of “prepared food,” which generally thins out the supply of businesses willing to make
that investment.
Page |2
Exhibit 1
Liquor # of Business Date
Class Use Type Machines Business Address Issued
518 East
BAR Accessory 5 K.J.'s Tap Lincoln 1/9/2013
1730
HOSP Accessory 5 Mardi Gras Lanes Sycamore 1/9/2013
260 East
OSP/BAR Accessory 4 O'Leary's Irish Pub & Grill Lincoln 3/11/2013
722 East
BAR Accessory 5 Sullivan's Tavern Lincoln 6/13/2013
1000 West
BAR Accessory 3 Molly's Bar and The Bottle Store Lincoln 7/1/2013
DeKalb Moose Family Center 1231 East
PENP Accessory 4 #586 Lincoln 9/11/2013
142 East
BAR Accessory 5 Lord Stanley's Bar & Grill Lincoln 11/22/2013
1204 South
PENP Accessory 4 American Legion Post #66 4th 3/28/2014
209 South
Annie
PENP Accessory 3 BPOE Elks DeKalb Lodge #765 Glidden 4/22/2014
1312 West
HOSP/BAR Accessory 3 Fatty's Pub & Grill Lincoln 9/23/2014
241 East
BAR Accessory 4 Hometown Sports Bar & Grill Lincoln 9/24/2014
2410
BAR Principal 5 Suzi's XIII Sycamore 3/20/2015
1336 East
PENP Accessory 3 DeKalb Columbus Club Lincoln 4/14/2015
2581
BAR Principal 5 Shelby's Sycamore 8/7/2015
210 South
GOLF Accessory 3 Chicago Golf & Tiki Tees Pointe 9/21/2015
870 W.
BAR Accessory 5 Ray's Chicago BBQ and Slots Lincoln 10/16/2015
1016 and
Twins Tavern & Discount 1028 South
BAR Accessory 3 Liquors 4th 12/28/2015
1704
BAR Principal 5 Lacey's Place, LLC Sycamore 4/6/2016
1406 B
BAR Principal 5 Cj's Gaming, LLC Sycamore 6/13/2016
1812
PENDING Principal Lucky Poker Sycamore Ap 5/10/16
3260
PENDING Principal Lucky Poker (2nd Location) Sycamore Ap 5/10/16
1792
PENDING Principal Charley's Video Gaming Sycamore Ap 6/7/16
Page |3
Currently, the fees for VGTs include a $25 application fee and a $25 per-machine annual
fee, the lowest total cost to business owners when compared to those communities
surveyed earlier this year. Of the similar nearby municipalities that permit video gaming,
the application fee varies from $100 to $500, and the per-machine fee varies from $25 to
$1,000. A first reading on an ordinance amending VGT fees is included on the City
Council’s July 11, 2016 agenda. In addition to considering whether fees should be
amended for video gaming businesses, there are a number of options the Council can
consider with regard to allowing future growth of video gaming businesses:
1. Keep video gaming businesses operating as a principal use unregulated and allow as
many of them as the market will bear.
2. Amend the Unified Development Ordinance (UDO) to allow VGTs only as an
accessory use in existing businesses. All existing video gaming businesses operating
as a principal use would become non-conforming.
3. Regulate video gaming businesses that operate as a principal use and list them in
only those zoning districts where they would be allowed. This would allow them to be
excluded from certain zoning districts. As a principal use, the City could also decide
whether to authorize them as permitted or special uses. A special use designation
would require a public hearing by the Planning and Zoning Commission and approval
of an ordinance by the City Council. Regulating video gaming as a principal use could
also include standards such as minimum separation requirements, or no more than
one per multi-tenant center, etc.
III. Community Groups/Interested Parties Contacted
This item is anticipated to be discussed at a July 11, 2016 Committee of the Whole
meeting, to provide an opportunity for public comment and feedback.
IV. Legal Impact
The City has the legal authority to amend fees associated with Video Gaming licenses
and to amend the UDO to add regulations that would place additional limitations on the
number and location of video gaming businesses if direction is provided by the City
Council to do so.
V. Financial Impact
Limiting the number of establishments that are permitted to have VGTs or the total
number of VGTs permitted in DeKalb may limit further growth in the amount DeKalb
receives as its share of VGT Tax Distribution.
VI. Options
City staff requests the City Council to discuss the status of VGTs in the City.
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VII. Recommendation
City staff requests the City Council provide guidance for future VGTs in the City. While
the City’s existing regulations are comprehensive in the restriction of VGT’s as accessory
uses in existing businesses, there are no restrictions on video gaming businesses
operating as a principal use. Staff recommends the Council focus possible restrictions
on this category of video gaming businesses if there is a desire to add regulations.
Questions to consider include whether they should be allowed as permitted or special
uses, and whether specific standards should be evaluated as part of each request. These
standards could include limitations that restrict them from certain zoning districts such as
the downtown, minimum separation between businesses, not more than one in a single
shopping center, etc. Based on the Council’s direction, possible amendments to the UDO
can be drafted and considered at a future meeting by the Council, or the Council could
give direction to forward drafted amendments directly to the PZC directly for public
hearing and recommendation.
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DATE: August 17, 2016
TO: Honorable Mayor John Rey
City Council
FROM: Anne Marie Gaura, City Manager
Ellen Divita, Community Development Director
Jo Ellen Charlton, Principal Planner
SUBJECT: Video Gaming Businesses
I. Summary
The City Council last discussed whether or not to impose limitations on the number or
locations of video gaming businesses at their July 11, 2016 Committee of the Whole
meeting. At that meeting, there was consensus that video gaming operating as an
accessory use within an existing licensed bar should not be further restricted by the City.
With regard to video gaming establishments that operate as a principal use, the City
Council had concerns about the possibility that multiple video gaming businesses could
open in one shopping center or in very close proximity to each other. Additional
information was requested regarding the differences between video gaming as a principal
versus accessory use, where video gaming is currently allowed, and possible options to
restrict video gaming establishments without being arbitrary.
II. Background
History of Video Gaming in DeKalb
A map showing the location of all video gaming establishments in the City existing or
pending is shown in Exhibit 1 on the following page. The map identifies establishments
as “accessory” if they are located within bars or other already licensed establishments,
as “principal” if they opened with video gaming as their primary business, and as
“pending” if they are either approved or soon to be approved but not yet operational.
The City’s first video gaming establishment did not operate until January of 2013, when
KJ’s tap and the Bowling alley were issued the first licenses. At that time, video gaming
was supported by the business community and seen by many as a way to supplement
the income of bars and certain other liquor license holders such as entertainment venues
like the bowling alley, or not-for-profit entities, like the Moose, who was licensed later in
2013. A total of seven video gaming licenses were issued in DeKalb in 2013. Four
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establishments opened in 2014. Two were accessories to bars (Fatty’s and Hometown
Sportsbar and Grill), and two were in not-for-profit establishments (American Legion and
Elks).
Exhibit 1
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In 2015, the City received its first proposals for video gaming establishments to open as
principal uses. Suzie’s, at 2410 Sycamore, was DeKalb’s first to begin the process, but
they didn’t open and begin reporting gaming revenues until May of 2016. Shelby’s, at
2581 Sycamore, was the City’s first licensed video gaming establishment to open and
operate in 2015. They opened in August, and by September had captured 25 percent of
all the money inserted into all slot machines in the City’s then 15 establishments. Prior
to that time, the bowling alley (also on Sycamore Road) was consistently the top location
for money to be inserted into slot machines. For example, in July, which is the month
before Shelby’s opened, the bowling alley captured nearly 22 percent of the total amount
gambled in the City. The bowling alley’s share of the total amount gambled dropped to
18 percent by September, a month after Shelby’s opened
With free access to revenue data on the State’s gaming website, it doesn’t take long for
investors to learn where the new hotspots for potential video gaming locations might be
located. Furthermore, the trend in video gaming to open them as stand-alone
establishment instead of as an accessory to an existing business was a logical next step
for investors to consider. Investors soon learned that some towns’ definitions of “bars”
made it fairly easy and attractive to request new liquor licenses for a “bar”, when all they
really intended was to get the liquor license as a means to operate a gaming facility, with
the sales of liquor not required to be successful. This request initially caught many towns
off guard not realizing that by issuing a liquor license for a bar that was intended for a
video gaming facility, that they were actually allowing a use that most zoning codes did
not define or regulate.
Unlike bars that include video gaming as an accessory use and find space within their
facility to accommodate a few slot machines, video gaming as a principal use is laid out
quite differently. First, most principal use facilities are smaller in total square footage than
traditional bars. Because the State of Illinois only allows up to five machines per licensed
establishment, investors quickly learned to target communities that would issue liquor
licenses for “bars” that had no “kitchen” requirements with their liquor license. If liquor
licenses would be issued with no requirement to operate a full-service kitchen, start-up
costs for a new video gaming business in an existing strip center would be very low.
Investors first looked for the smallest spaces they could find and proposed layouts with
enough room for the five gaming machines, required bathrooms, and some private office
areas. The “next generation” of video gaming establishments as principal uses may have
added a separate space to relax, enjoy a drink or enjoy company of those that might come
with you, such as illustrated in the photograph below for a similar type of establishment.
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Most investors find spaces in the 1,200 to 2,000 square foot range to be adequate for
their principal use video gaming businesses. Vacant store fronts in downtowns and strip
shopping centers became the location of choice for these investors given their availability
during an otherwise “down” market. What wasn’t immediately obvious was that these
spaces attract a different, yet equally lucrative market in the housewives, seniors and
other daytime consumers that frequent strip shopping centers for their other shopping
needs. While bars cater to the “bar scene” that attracts most customers at night, a
location in a strip shopping center could be operated successfully all day. And while the
liquor license is the key to what allows them to operate in compliance with the State
Statute, these facilities do not rely on liquor (or food) sales to be successful.
As stated above, Shelby’s entered the market late in 2015 and immediately enjoyed 25%
of all the money inserted into machines located in the 14 establishments operating in the
City during the first full month they were open. They continued to corner between 21%
and 24% of the total market of money gambled from the time they opened until the next
two principal use video gaming establishments (Suzie’s and CJ’s on Sycamore Road)
started reporting revenue in May and June of 2016. Shelby’s share dropped to 18 percent
in the month of June, which is the last month data is available on the State’s website.
Moving forward, four additional video gaming establishments have been, or will be,
approved on Sycamore Road as principal use businesses. Exhibit 2 on the next page
shows the location of the eight existing or soon-to-be open video gaming establishments
located along Sycamore Road. Seven are located within about one mile of each other.
Five, including Shelby’s, are located within a 1,500 linear foot strip along Sycamore Road.
Given the availability of competitive data on the website and the recent interest in locating
five establishments within 1,500 feet of each other, it is clear that the new form of video
gaming as a principal use does not operate in the market as most businesses. While
most businesses want to be located in popular commercial corridors and cluster with
complementary businesses, it would be unusual for five like businesses to locate within
1,500 of each other, with all hoping to be successful. The relatively low start-up costs to
open these businesses in vacant spaces when kitchens are not required to open a bar
make the “gamble” worth it. If it doesn’t work out, they can likely quickly set up shop
somewhere down the road just as easily, with little risk.
Not surprisingly, the only requests for liquor licenses in 2016 have been for “bars”
intending to operate video gaming as a principal use. While the City would likely welcome
a new full-service bar with food service to the community and the video gaming that would
likely come with it, there have been no requests for these uses that the City would likely
embrace.
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Exhibit 2
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Where Does DeKalb Zoning Allow Video Gaming
The City’s Unified Development Ordinance (UDO) does not reference “video gaming”.
Therefore, under the strictest interpretation of the UDO, video gaming is not allowed as a
principal use. Historically, however, the City interpreted and has allowed video gaming
as a principal use as a “bar”. “Bars” are allowed as “permitted” uses only in Central
Business District (CBD) and General Commercial (GC) zoning districts, while they are
allowed only as a special use in the Limited Commercial (LC) zoning district. Whether or
not bars are permitted or special in any of the City’s Planned Development (PD) projects
is dependent on the ordinances approved for each of the City’s PDs.
Parking Requirements
Another factor now being considered when liquor licenses are being reviewed for video
gaming establishments is whether individual strip shopping centers have adequate
parking based on the UDO. The UDO requires parking in strip shopping centers to meet
the sum of the requirements for each type of use. This means that a change in one use
in a shopping center can change the total parking requirement for the entire center. So,
while bars have a higher parking requirement than most retail uses, a request for a
“bar”/video gaming establishment may cause a strip shopping center’s parking
requirement to exceed available existing parking, which would be grounds to deny a video
gaming establishment.
Central Business District Considerations
The Central Business District has five video gaming establishments as shown in Exhibit
3 on the next page. There are currently no video gaming establishments operating in the
CBD as a principal use. Given the importance of retaining key spaces for traditional
downtown shopping experiences, staff recommends these spaces be excluded from
further licensing for video gaming as a principal use, and that downtown spaces remain
available for traditional retailers and approved commercial operations. This restriction
would not impact a bar or brew pub that might wish to open. These establishments would
be similar to existing uses such as O’Leary’s who currently enjoys video gaming as an
accessory use to their business in the Central Business District.
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Exhibit 3
Fiscal Impacts of New Video Gaming Establishments
While it is true that the addition of new gaming facilities continues to produce a general
increase in the overall amount of money played into gaming machines in the City as
shown in Exhibit 4 below, the impact of additional gaming facilities on the amount played
in bars and not-for-profits may be impacted. Not-for-profits, in particular, are beginning
to experience a downward trend in the amount played in their facilities as new facilities
are added to the market as shown in Exhibit 5 on the next page.
While there is not yet enough data to support any predictable trends as to when gambling
does not increase even when new facilities are added, it is important to note that four
approved or soon to be approved facilities are not yet operational and are therefore not
included in the State’s revenue reports. Regardless of the Council’s direction on this topic,
staff will continue to monitor the monthly reports from the State, and will report any
significant trends that might arise. At some point, the City will reach a saturation for this
business. Staff suggests it would best to reach this saturation with a mix of businesses
that were distributed more evenly across the community, rather than clustered tightly
together in one area.
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Exhibit 4
Trend of Total Money Played Into
Video Games
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Jun-15 Jul-15 Nov-15 Jun-16
Aug-15 Sep-15 Oct-15 Dec-15 Jan-16 Feb-16 Mar-16 Apr-16 May-16
Exhibit 5
Not For Profits January-June 2016
$250,000.00
$200,000.00
$150,000.00
$100,000.00
$50,000.00
$-
January February March April May June
1 Knights of Columus 1 Moose
1 Elks 1 American Legion
Considerations in Other Locations Not Yet Served by Video Gaming
The Council’s last discussion questioned whether it would be appropriate to add limits to
the number of principal use video gaming facilities to avoid what has happened on
Sycamore Road. Concerns were expressed as to how the City might make these
restrictions without being arbitrary. As stated above, video gaming is only allowed as a
permitted use in the GC and CBD Zoning Districts, and that they might be allowed in the
Planned Development Commercial (PDC) district depending on how those ordinances
were written when the project was approved. They are also allowed in LC District, but
only if granted a special use, requiring a public hearing. If the Council decides to restrict
them in the CBD as recommended by staff, attention would then turn to properties zoned
GC and PDC, and to a lesser extent LC zones. Note that Exhibits 2 and 3 showed a 100’
buffer around each of the properties upon which an existing video gaming facility is
located.
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Exhibit 6 on the next page shows all properties zoned LC, GC and PDC in the City, along
with the existing video gaming facilities and a 250’ buffer around each facility. As
discussed above, a very small 1,500 linear foot stretch along Sycamore Road does or will
contain nearly 23% of all video gaming businesses in the community. Given that it has
become fairly evident that video gaming facilities (particularly those that operate as
principal uses) do not behave in an otherwise predictable commercial manner, the City
has asked as to how they might be limited. Staff sees three alternatives as follows:
1. Do nothing. Let as many open up wherever they want.
2. Establish a limitation on the video gaming licenses so that no more than 1 is allowed
in any continuous shopping center building.
3. In addition to number 2, add a restriction that they cannot be located on a property
that is within 250’ or some other acceptable distance from another video gaming
facility.
A “do nothing” approach could result in clusters of establishments that start, fail and return
empty storefronts to struggling areas. By looking at the areas in Exhibit 6 on the next
page that do not contain existing video gaming facilities, it is possible to understand where
additional video gaming facilities might be located in the future. There are “untapped”
locations in the City that could become the next target for video gaming businesses as a
principal use to cluster next to each other as they have done on Sycamore Road.
Implementing options numbered 2 or 3 above would allow some currently under-served
areas to add new establishments without being as excessive as Sycamore Road.
Additional video gaming locations will continue to have an impact on the amounts played
in other existing venues. At some point, the amount played in each establishment will
level off and possibly decline as assumedly there are only so many gambling dollars
available.
Social and “Quality of Life” Impact of Video Gaming
At the July 11th meeting, the Council questioned Police Chief Lowery as to whether there
were any crime statistics related to video gaming. While he responded that there was no
direct evidence of increased crime as a result of video gaming, he did comment that it
would be hard to estimate whether there was any correlation between gambling and
certain crimes like domestic violence that occur in the community. These crimes happen
for a variety of reasons, some of which could be due to financial hardships caused by
gambling addicts and their impact on the family. Additional impacts of pathological and
problem gambling include lost work time, bankruptcies and other financial hardships on
families. It may be more important than most think to regulate gambling in a community
like DeKalb where many residents already depend on social services, as increased
gambling addiction may lead to an increase in the need for the City to provide and fund
more social services.
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Some perceive that a large presence of video gaming establishments in a community or
along a corridor promote a bad “Vegas-like” image and are a negative influence on a
community’s “quality of life.” This may be subjective, but something many feel is important
when protecting the “health, safety and welfare” of the community.
Exhibit 6
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State Statute Modifications
In thinking about whether to limit the number of new video gaming establishment that
operate as a principal use, the Council may want to consider what would happen if the
State amended their laws. For example, if the state increased the number of allowed
gaming machines from 5 to 10, or 15 or 20, how would that affect the City? Instead of
1,200-2,000 square foot stand-alone facilities, the City could be asked to amend its
license for a facility that requests double the space. If the liquor license is unlimited and
the use has been “permitted” previously, the obvious conclusion would be to allow the
expansion. What if that expansion included a whole shopping center? While this may
not be necessary given the current State Statute, staff will continue to monitor State
activities and advise the Council if/when things change.
III. Community Groups/Interested Parties Contacted
This item is anticipated to be discussed at the August 22, 2016 Council meeting as a
follow up to the July 11, 2016 Committee of the Whole discussion. The public will be
provided an opportunity to provide comment and feedback. Valuable additional public
input from a possible public hearing before the Plan Commission could be obtained if the
City Council provides direction to process a text amendment.
IV. Legal Impact
The City has the legal authority to amend City Code and/or the UDO to add regulations
that would place additional limitations on the number and location of video gaming
businesses if direction is provided by the City Council to do so.
V. Financial Impact
Limiting the number of establishments that are permitted to have video gaming terminals
(VGT) or the total number of VGTs permitted in DeKalb may limit further growth in the
amount DeKalb receives as its share of VGT Tax Distribution. It could also stabilize the
amount of revenues to be expected, on average, by certain City establishments that rely
on the revenues to be successful or to fund their not-for-profit programs.
VI. Options
City staff requests the following from the City Council:
1. Confirm a “do nothing” approach and let the market dictate the number and location
of video gaming establishment regardless of whether they are accessory to existing
businesses or principal uses.
2. Confirm “no objection” to continuing video gaming as an accessory use to existing
“bars” or other authorized liquor license establishments as long as they comply with
all other UDO requirements.
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3. Prepare and process a UDO amendment that would be forwarded to the Planning and
Zoning Commission (PZC) for review and public hearing that would add and define
video gaming, with the following additional amendments:
a. Continue to allow video gaming as an accessory use as currently allowed by the
UDO, except that video gaming as a principal use shall not be allowed in the
downtown CBD.
b. Limit principal use video gaming establishments in all other districts when allowed
(either permitted or special use) so that there shall be no more than one (1)
establishment in any one building or structure.
c. If additional limitations to principal use video gaming establishments are desired,
add a restriction that would also limit the locations of new principal use video
gaming establishments to not closer than 100’ (or more as determined by the
Council), from the property line of a building where another video gaming business
is already located.
VII. Recommendation
City staff requests the City Council provide guidance for future video gaming businesses
in the City. While the City’s existing regulations are comprehensive in the restriction of
these businesses as accessory uses in existing businesses, there are no restrictions on
video gaming businesses operating as a principal use. Staff recommends the Council
focus possible restrictions on this category of video gaming businesses as recommended
in Section VI “Options” above, if there is a desire to add regulations.
If the Council provides this direction, staff will prepare and process a text amendment for
review and recommendation by the PZC, which would allow for additional public comment
via the public hearing process. Final authority to amend any regulations regarding video
gaming rests with the City Council, who would have an opportunity to review the matter
further after public comment and the review and recommendation by the PZC.
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Existing and Pending Video Gaming Establishments
Liquor # of Business Date
Class Use Type Machines Business Address Issued
518 East
BAR Accessory 5 K.J.'s Tap Lincoln 1/9/2013
1730
HOSP Accessory 5 Mardi Gras Lanes Sycamore 1/9/2013
260 East
OSP/BAR Accessory 4 O'Leary's Irish Pub & Grill Lincoln 3/11/2013
722 East
BAR Accessory 5 Sullivan's Tavern Lincoln 6/13/2013
1000 West
BAR Accessory 3 Molly's Bar and The Bottle Store Lincoln 7/1/2013
DeKalb Moose Family Center 1231 East
PENP Accessory 4 #586 Lincoln 9/11/2013
142 East
BAR Accessory 5 Lord Stanley's Bar & Grill Lincoln 11/22/2013
1204 South
PENP Accessory 4 American Legion Post #66 4th 3/28/2014
209 South
Annie
PENP Accessory 3 BPOE Elks DeKalb Lodge #765 Glidden 4/22/2014
1312 West
HOSP/BAR Accessory 3 Fatty's Pub & Grill Lincoln 9/23/2014
241 East
BAR Accessory 4 Hometown Sports Bar & Grill Lincoln 9/24/2014
2410
BAR Principal 5 Suzi's XIII Sycamore 3/20/2015
1336 East
PENP Accessory 3 DeKalb Columbus Club Lincoln 4/14/2015
2581
BAR Principal 5 Shelby's Sycamore 8/7/2015
210 South
GOLF Accessory 3 Chicago Golf & Tiki Tees Pointe 9/21/2015
870 W.
BAR Accessory 5 Ray's Chicago BBQ and Slots Lincoln 10/16/2015
1016 and
Twins Tavern & Discount 1028 South
BAR Accessory 3 Liquors 4th 12/28/2015
1704
BAR Principal Pending 5 Lacey's Place, LLC Sycamore 4/6/2016
1406 B
BAR Principal 5 Cj's Gaming, LLC Sycamore 6/13/2016
1812
PENDING Principal Pending 5 Lucky Poker Sycamore Ap 5/10/16
3260
PENDING Principal Pending 5 Lucky Poker (2nd Location) Sycamore Ap 5/10/16
1792
PENDING Principal Pending 5 Charley's Video Gaming Sycamore Ap 6/7/16
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