Matt

You should stop by and ask Farnk Whittington the tattoo artist from "Just a Little Prick" about his downtown experience, and why he moved his business out to Eldorado Street.  He is a good guy I have known him for many years. As far as public interest I don't know, I don't think tattoos have as negative of an impact as the alcohol sales in Downtown.  We as a society sure have issues with what others do with their bodies but we sure don't care when they are pouring the booze down their throats.    Prejudices are all part of it I guess.  It really shouldn't matter what the business is as long as its legal.  If it were a bread store what would your decision be?   I have seen some unsightly hair do's come from the salons downtown do we really want mo-hawks and purple hair around a Lincoln statue?  Is there a zoning law against tattoo parlors outside a certain enterprise zone?  If not treat it like you would any business or amend the zoning just like it has been done in the past.

That's a tough call.  If it's in the building that I think it is, I wouldn't have a problem with it as long as they don't put up a big flashing neon sign, detracting from the historic nature of the area.  We already have a pawn shop right by Lincoln's statue and a lingerie store on the other corner.  I guess it would kind of complete the niche audience.  ;-)

I was down there last week trying to make a video promoting Lincoln sites in Decatur and I'll have to find a quieter time to visit that intersection.  The background traffic noise was ridiculous.  And trying to cross the street to get from one Looking for Lincoln sign to the other and back was scary!  I wasn't going to post that on YouTube to try and encourage tourism in Decatur.  Nobody in their right mind would go there after watching that video.  Come to think of it, maybe I should make the video into a comedy skit or something!  I think you could hear me scream a couple times as I was trying to cross 51.

Anyway, just make sure that they have a tasteful storefront.

Kris

Ya I know Matt that's why I am playing devils advocate with ya.

Here is another scenario for you.  What was the last violation that was brought before the commission and how was it handled.  Past precedence may help or may hinder a decision, but what was done? (not looking for an answer just throwing it out there)

I have to laugh because when we were at the Celebration my wife and I walked by the tattoo place and I made the comment to my wife that "this is going to ruffle some feathers".  I fully understand rules need to be followed and if they didn't follow the rules they should be handled in the same manner as the last business that didn't follow the rules.  I have always been a little leery of case by case decisions because it usually comes down to who you know and how much money you have.

Personally I would still go look at the memorials even with a tattoo parlor in front of it, and not think any less of the town because of it.  I also know people that would react in the opposite.


I agree with your last sentence Matt and I would only add  "but nothing I have wanted to permanently display on my body".   Maybe they could give a special deal on Lincoln Tats.


How much is a conditional use permit in Decatur?  

Uhm...it kind of depends upon what the city wants to do with that area in the future too.  If the traffic issue is dealt with and the area gets an extreme makeover, would those kinds of businesses be a good fit?  I've always wished the building that has the coin shop (I called it a pawn shop) be converted into a small museum/gift shop/cafe type of deal.  It would be fitting for the area.  Have some tables out there, some nice landscaping, fences and all that good stuff and it would look nice.

And I don't buy the baloney that it can't be done because of traffic.  I stayed at a hotel in Chicago that had a sidewalk cafe in front of it near a busy road but there were safety features put in place to both protect the diners and knock down some of the noise.  It can be done. 

But we've got what we got now.  I just drove buy to see where the store is and I can see where that isn't the best location for a pawn shop.  A tavern would be even worse - for sure.  But that's a very visible spot.  I don't know.  It's a difficult call to make.

oops, I forgot to add that until the road is reduced by a lane, sidewalk cafe's wouldn't be a good idea.  People's food would taste like diesel fumes, if it wasn't sucked off the table by passing cars before they could eat it.  Chicago had a buffer lane inbetween the sidewalk and the road. 

LOL - I really like Doug's idea about selling "Lincoln Tattoo's"!!!  Now that would be unique!  And we could have it right on the "Looking for LIncoln Map"

Seriously I bet it  would draw some folks.

Sue

Ya Sue if someone would get Lincoln Tats all over they would get a booth at the Celebration next to the Lincoln Motorcycle.


Seriously though I would like to  see each and every case handled with the same consistency.  Downtown should not be any different than any other location as their businesses are no more or no less important than a business not located in the Downtown area.

I don't mind the tattoo shop.  There are worse things like those gawdy bright yellow check-into-eternal-debt loanshark stores.  I agree that businesses should be treated equally and anyone trying to earn an honest dollar should be welcomed with open arms into the community.  However, you knew they'd be a however, there are certain areas of town where it makes sense to create a certain atmosphere to attract certain crowds.  I sound like a snob, don't I?  :-)

The city has been very picky about what business it chooses to fill the last slot near Target - maybe too picky.  If we do development by the lake, we'll be picky about what kind of businesses go there too.  I hope!  As Lincoln Square sits now, a tattoo shop isn't going to cause anyone to faint away in shock.  As long as the businesses down there have nice looking storefronts, they don't bother me.

What I'd really like the city to do is do something about those two awful looking buildings that stand out like sore thumbs before motorist ever see Lincoln Square - that former same-day cash store and the former genealogical society building on the corner of North St. and N. Main.  They look terrible!  I looked them up on the city's digital atlas and the city owns the genealogical building but some lady owns the other building.  The city should, and maybe they already are, purchase that other building and tear them down.  From what I've heard, they really aren't salvageable.  That is, or should be, an attractive corner to put a business.  It's highly visible and there would be plenty of parking right next to it.

And why is that construction trailer still there next to those buildings?  Aren't they done with Regions? 

LOL ya I could see you saying that too Matt Woot! Woot!


So is there a downtown boundry that these businesses can't be in?  Example is 200 yards west of your home considered downtown?  Would they need the permit if they were to open there?

 

Lol – Now you're really going to make me walk the walk, aren't you!

 

Through a quick search through the zoning ordinance, it looks like they can locate in B-2 (Commercial) or M-1 (Intense Commercial/Light Industrial) areas with no questions asked, or – obviously – somewhere in the B-4 (Central Business District) with a conditional use permit.

 

B2 and M1's include almost all Eldorado, and Pershing, and Mound roads, 51 North and South (except right downtown)

 

I've been digging through the Decatur Comprehensive Plan, and see that 101E Main is not only in the Central Business District, but it's just across the street from something called the “Image Area”. This is the core area targeted for “concentrated physical improvements, aesthetic treatments and program offerings”.

 

No offense to the owners of the tattoo parlor, but based on the nature of the neighborhood and my interpretation of the comprehensive plan (which was accepted and approved by the city council, by the way), I don't think 101E Main is a good fit for a business of that type.

 

It is the responsibility of the business owner to comply with the zoning regulations, I'm still a bit disappointed City Staff didn't have a better grasp on what was going on – right there on the fringe of the “Image Area” of the central business dist, and insist the business follow the proper procedures and get a conditional use permit before opening for business.

 

That's good to hear about those buildings.  I kind of figured the city was working on something.   That should be a great corner for a business. 

And that's funny about the tattoos! 

Anyway, I'm kind of with Matthew on this one the more I think about it.  There are certain parts of town where we want to create a certain atmosphere.  For instance, the city has been picky about what goes on the remaining lot by Target, and if we do lake front development, we'll be selective there too - I hope.  And if a tattoo parlor opened up at the entrance to Ravina Park Road, I wouldn't be too happy.  But then again, considering the other businesses down there already, and how Lincoln Square looks right now, a tattoo parlor isn't going to stick out - which is kind of sad.


Kris

Matt

The reason I asked is because right down the street from you in the supposed Tobacco Store there is every type of Bong, crack pipe, and other paraphernalia to do drugs.  I just find it hard to believe downtown would have such a problem with tattoo parlors yet we sell all this other crap to anyone 18 or older just doesn't make sense to me.  Now granted you can't mention drugs in the store or they will ask you to leave because its for tobacco not drugs......ya right!  Whats the pig and lipstick saying?  Downtown seems to  be encouraging drug use by letting this business sell its wares.  I would bet close to %99 of its customers are drug users.  I haven't seen a single person yet smoke a Marlboro thru a water bong.

lol - you posted as I was writing, Doug! 

I hear you Doug!   So the Lincoln Sqaure area falls under an "Image Area"?  What exactly does that mean?  Are there city codes written up for just that?  I know homeowners in historic districts have to have their renovation projects approved to historic standards.  Do businesses in Lincoln Square have to do the same thing? 

Kris

I miss Bolays.  I remember going in there with my dad as a kid and watching him race his cars he built from scratch on what seemed to me at the time to be a track the size of a football field.

  I just want the whole procedure to be consistent  and I am not saying it isn't, but I just don't understand how the rules allow drug paraphernalia in the district and a tattoo parlor isn't.  One is legal and the other is on the border of being legal if not illegal.  I always thought it was a crime to even have drug paraphernalia in your possession.

Has anyone heard anything from our job council on any new jobs coming to Decatur?

I agree with you Doug.  A tattoo parlar isn't a den of theives nor does it promote illegal activity.  If they are in compliance with our current zoning laws then I think they should be able to stay.  We shouldn't change the rules because we're snooty.  I thought it was illegal to have drug paraphernalia too.  I wonder how these stores keep getting away with selling it?

From a lazy Google search I found:

"In the United States, under the Federal Drug Paraphernalia Statute, which is part of the Controlled Substances Act, it is illegal to sell, transport through the mail, transport across state lines, import, or export drug paraphernalia as defined. There is no Federal law regarding simple possession of drug paraphernalia, but such possession is usually illegal under State law. The law gives specific guidance on determining what constitutes drug paraphernalia. Many states have also enacted their own laws prohibiting drug paraphernalia."  (http://en.wikipedia.org/wiki/Drug_paraphernalia)

Here's a link for Illinois law:  http://law.justia.com/illinois/codes/chapter53/1947.html

***

But I would like the city to determine what image we want for Lincoln Sqaure itself.  It should, in my opinion, have to meet standards like any historic district should.  I looked it up on the digital atlas and it's part of a national historic district but I'm not sure what comes with that.  Some of the buildings in Lincoln Square don't quite fit the historic nature or architecture of the older, more historic buildings.  That's something that may need to be addressed in the future.

Ah-ha!  Okay, well that changes things.  If they're aren't in compliance with the current zoning regulations then...  Now it's up to you guys to decide if you want to grant a conditional use permit?  Now I get it.  I'm kind of slow sometimes. 

And I think the city should most certainly pass an ordinance prohibiting the sales of drug paraphernalia.  We have a business right by our neighborhood that sells the stuff - or at least that's what I've been told in that past.  I don't go in there.  I would never support a business like that - or one that pushes liquor for that matter.  That just goes against my own personal moral beliefs.  But on the legal side, I think the city better take a look at this issue pronto.  If there are state and/or federal regulations against selling it - why not in the city?

Well, the item passed 4 for and 3 against out of the Plan Commission meeting. So the next step is the City Council.

 

It looks to me like the position city staff is taking is: “Anything that draws bodies into the central business district – no matter what the operation or where the location - is peachy”. That's certainly one way to look at it, but if you ask me, it's poor, short-range thinking, and it runs counter to the long-term interests of the community.

 

Continuing that thought...

That's certainly one approach, but following it to its logical conclusion leads to arguing for the abandonment of all zoning regulations. Essentially, it seems to me they're saying: “Forget all the work that's gone on with the Urban Corridors program, forget the Consolidated plan, ignore Looking for Lincoln, and disregard the Council direction of the past....Our plan for urban development is not to plan at all...We prefer to allow anyone to do anything they want, anytime they want, and hope something positive happens...” Hail Mary urban planning? - Wow! Why on earth did we bother to write those zoning ordinances in the first place???

 

I feel bad about ruffling feathers, but I've got to call it like I see it...

 

Again – I'm pretty sure the council is going to have the wisdom to take the long view on this, and deny the conditional use permit when it comes up for a vote.

 

 

Matt

What was your call on the illegal razor wire fence constructed around the new car museum on rt 36?  If I recall correctly the ordinance was changed to allow him to keep the the maximum security fence in a residential neighborhood., which is the real reason we have to buy a permit to put up a fence. Money talks there is no denying that. Why would the rules be changed for this business and not for the tattoo parlor? 

 

Doug – as I recall in the end I voted that it was OK for the guy to have his fence. Both he and the city talked to the neighbors and there was no objection from them. No one came to the plan commission meeting (or the City Council meeting if I recall) to oppose the issue, either. At the same time there was another ordinance that concerned setbacks that had some people concerned..Sue, you and I even had a phone call on the matter – remember? We did talk about that quite a bit in the plan commission, and (again, my memory's not the best) I think we had staff alter the wording a bit to make the intent more clear before it was passed on to city council with recommendation for approval.

 

 

*****

 

Debbie and I went over to Village Inn Pizza in Champaign tonight (one of her favorite places), and on the way back, at 8:45 turned from main to main, and saw this.

 

Now I really wouldn't care, but since the Plan Commission meeting was just yesterday, and the staff report is still fresh in my head, and since it was confirmed to me today that Staff didn't know the tattoo parlor had been open and in operation since before the Decatur Celebration until a citizen complained about it, I thought it might help everyone involved to post both the image and the staff report.

 

Specifically item 3 of the Staff Analysis says:

“The proposed use also meets the second standard. The facility is located and designed in a manner which the public health safety and welfare will be protected. The hours of operation allowed will be between 8am and 10pm. All internal operations shall be screened from the public view and there will be no loitering in front of the building. The business is also required to be licensed by the Macon County Health Department”

 

OK, well, less than 48 hours out of the Plan Commission, and so much for that part of staff analysis, eh? You'd think they'd try to live up to the city's expectations at least until they get their conditional use permit!

 

Just for the heck of it I drove by the tattoo parlor at 9:45pm (just now). Looks like they closed early...Now they're loitering in front of the Lincoln Lounge!

regarding the fence ordinance - like you Doug  - I wasn't crazy about a fee and permit - in fact I was down right against it - at the time. And I was really concerned they were going to make it harder for someone to have a fence or replace one.  Especially in neighborhoods where people put them up to protect their self and their stuff and basically make their area more liveable.   I didn't agree with making it harder for someone to put up a fence. 

BUT once I read the ordinance - they also changed the ordinance itself in ways I believe are a big improvement  - for example they made it ok to have a six foot privacy fence on a corner lot - that was not the case in the old ordinance - people with corner lots could only have 4 ft fences even though that lot IS their back yard so basically, no private backyard allowed on any corner lot.   They also added the ability to have an 8 ft fence if you adjoin an industrial area or apartment buildings.  So they made it more lenient and flexible.  And then council lowered the fee from $25 to $10.  Personally I think the improvements to ordinance is worth the small fee and registration.  And the way I understood it legal really thought having the permit on the record would help them when there were disputes.  I think having a permit meant they could make someone take it down in the even of complaints.  I'm not positive but I think that is what I remember.  

Anyway, off the top of my head that is all I can remember

Sue

Matthew,

Your last post with image and quote seems kind of petty.  People "loiter" around in front of all the buildings down town.  I thought that was the point.  I could go down town and take pictures of people "loitering" and illegally parked vehicles all day and night.  The vote at the Planning Commission meeting didn't go your way just let it go.  As a potential candidate for city council next go round you should rise above driving around at night and taking pictures of "loitering".

 

Jtz,

 

The post shows the irony of this specific business first pleading ignorance of the zoning ordinances, and then, after being given the benefit of the doubt, still ignoring the clearly articulated expectations under which they have been asked to operate. The quote is straight from Staff Analysis (see the link) and the image speaks for itself.

 

As I stated, normally I wouldn't have paid any attention (we were coming home from dinner), but the Staff Report was still fresh in my mind and I happened to have the camcorder in the car. Friday afternoon I received an email confirming they (Staff) were essentially clueless about this location in the Central Business District before someone complained and I drive right past that corner to get to my house.

 

It's not my intent to be petty. It is my intent to show these folks would rather “Beg forgiveness after the fact, than seek permission before”...That may work once, but after that, usually you're out of luck.

 

As for the plan commission, that vote's over. The council will read the minutes, look at Staff and the Commission's recommendations, consider whatever they choose, and decide for themselves whether or not a tattoo parlor at 101N Main is a good fit.

 

I'll 'fess up. I left the car outside at 8:45, and put the car in the garage at 9:45pm...I did drive around the block, so curiosity did get the better of me and I did spend around 45 seconds extra.

 

Long reply and ultimately you'll believe what you like, but there you have it.