2018-47 Ordinance Amending Zoning Ordinance Section II. Definitions, Section XII.B-2 Commercial District, Section XIV. B-4 Central Business District, Section XVI. M-1 Intense Commercial-Light Industrial District (Truck Stop Establishments)

Home Browse Search

Excerpts from Plan Commission Meeting of September 6, 2018: Case No. 18-38 Petition of RAYMOND LAI, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT, for proposed amendments to the City of Decatur Zoning Ordinance (Ord. #3512, as amended) regarding licensed truck stop establishments,video gaming parlors, and video gaming terminals, including but not be limited to Section II Definitions and Section XVI M-1 Intense Commercial-Light Industrial District. It was moved and seconded(Myatt/Brinkoetter) to forward Case No. 18-38 to the City Council with a recommendation for approval as set forth in the staff report. Mr. Ray Lai was sworn in by Mrs. Poland. Mr. Lai discussed the case background and considerations along with the recommendation of staff: The Illinois Video Gaming Act, 230 ILCS 40/1, et seq., (the "Act") was signed into law in 2009, legalizing the operation of video gambling machines in "any licensed retail establishment where alcoholic liquor is drawn, poured, mixed, or otherwise served for consumption on the premises," including bars,truck stops, and fraternal and veteran organizations ("Establishments") throughout the state. Under the Act(230 ILCS 40/5), a"Licensed Truck Stop Establishment" is defined as a facility (i)that is at least a 3-acre facility with a convenience store, (ii) with separate diesel islands for fueling commercial motor vehicles, (iii) that sells at retail more than 10,000 gallons of diesel or biodiesel fuel per month, and (iv) with parking spaces for commercial motor vehicles. "Commercial motor vehicles" has the same meaning as defined in Section 18b-101 of the Illinois Vehicle Code. However, "Licensed Truck Stop Establishment" is not specifically defined in our City's Zoning Ordinance. There are uses under certain terms that may be easily confused with or claimed to be similar to a conventional truck stop. Thus, "self-claimed"truck stops could be located in urbanized areas or neighborhoods of inner city, attracting heavy truck traffic which is considered detrimental to the condition of city streets. Also,they could operate under the disguise of those other uses and qualify for placement of video gaming terminals under the "Act". A conventional truck stop would typically be located near interstate highways, particularly adjacent to interchanges. It generally occupies on larger acreage. Inner city or urbanized areas away from interstate highway interchanges are not conducive to ideal locations for truck stops. In order to avoid heavy truck traffic along city streets and to prevent ambiguity in interpretation of the Zoning Ordinance, staff recommends that licensed truck stop establishments be limited to locations within one-half mile of existing interchanges along Interstate 72, or the interchange of U.S. Business Highway 51 and U.S. Highway 51, within Decatur City limits. Further, it would only be allowed as a Conditional Use in B-2 Commercial District and a Permitted Use in M-1 Intense Commercial—Light Industrial District. In doing so, larger tracts of land must be assembled to meet the minimum size of three (3) acres and the users are more likely to be commercial motor vehicles or trucks in the outskirt of the City.