Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 The Niles Plan Commission and Zoning Board of Appeals were called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present with Chairman Thomas Kanelos and Village Attorney Joseph Annunzio was Vice-Chairman Karen Dimond along with Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Bruce Sylvester, Senior Planner. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of April 7, 2014. Commissioner Surace said there were two corrections on page one: next to the word EXCUSED should be the number 2, not 1. The corrections were in the fifth and seventh paragraphs. Commissioner Dubiel then moved to approve the corrected minutes of April 7, 2014. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 5 Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSTAINED: 2 Dimond, Dubiel There being five (5) affirmative votes the motion carried. NEW BUSINESS 14-ZP-14 Requesting approval of a Special Use Permit for a ‘School, commercial or trade’ to allow a personal defense and concealed firearms license training school at 7609 North Milwaukee Avenue. 14-ZP-15 Requesting a Zoning Text Amendment to allow “Gun Shops: Trade, Sale and Repair of Firearms and related retail accessories, including those with indoor firing ranges, and gun safety training” in the M-Manufacturing Zoning District. Chairman Kanelos called for the first item on the agenda. 14-ZP-14 Requesting approval of a Special Use Permit for a Page 1 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 ‘School, commercial or trade’ to allow a personal defense and concealed firearms license training school at 7609 North Milwaukee Avenue. Bruce Sylvester, Senior Planner, presented the case. The Special Use Permit is for the location at 7609 N. Milwaukee Ave. There is an aerial photo of the site in the Commissioners’ packet. The location is formerly Niles Village Hall. It is now a multi-tenant building anchored by Parkway Bank. The applicant is proposing to open and operate a training school for firearm safety and concealed carry permit requirements. Staff’s recommendation is the Plan Commission would recommend approval for the Village Board’s consideration later this month. The basis is as follows: Staff believes this proposal would be consistent with some of the goals within the Village’s adopted Comprehensive Plan by allowing this business in this location. It would maintain and strengthen the Village’s tax base through the attraction and retention of businesses and by seeking an appropriate mix of commercial and retail uses throughout the Village among others. It is primarily a commercial area along Milwaukee Ave. There are two single family residences to the north along Dobson St. and across Harlem to the east are some residential properties. The zoning for this parcel is B-1. There is more than enough parking on the site. The bank requires twenty parking stalls; there is a home health care business that requires twenty parking stalls; there is about 1,200 square feet for storage requiring five parking stalls; the proposed training center requires twenty parking stalls. There are seventy- eight stalls on the site. The Fire, Police and Engineering departments all have no comment or concerns about this. The three specific findings of fact have been met. The proposed business will allow the provision of a training and educational service to the public therefore it will provide a public convenience. This multi-tenant location is appropriate for the proposed business. There will be no firearms at this location. Specifically because of that there are no necessary precautions needed to protect the public health, safety and welfare. It will be a classroom environment. Also it will not cause substantial injury to the value of other property in the neighborhood. All required notifications were provided in the newspaper and mailed to neighbors within the vicinity. This Board’s recommendation would go to the Village Board at the end of the month. The applicant has provided additional materials and a floor plan of this proposed business. Commissioner Dubiel asked if when the other Village departments state “no comment” does that mean they have taken a look and see no risk. Page 2 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Mr. Sylvester said the process is when an applicant applies for a Special Use, the Development department gives the other departments copies of everything the applicant provides. Those departments respond to that information. More often than not, there is no comment. For new development, construction type projects, the engineers usually do have comments. Vice-Chairman Dimond asked if the two items on tonight’s agenda are related in some way. Mr. Sylvester said they are not related. It is simply a coincidence that two very separate applications were received by the department around the same time. Chairman Kanelos asked if there were additional questions for Mr. Sylvester from the Commissioners or the public. There were none. He then called for the applicant to step to the podium. Marc M. Jens, 7202 N. Keystone Ave., Lincolnwood, IL came to the microphone and was sworn in. He added that he is a certified firearms instructor by the Illinois State Police; with Illinois Law Enforcement Training and Standards Board he has ten years experience recruiting and training police officers full-time; Illinois Department of Financial and Professional Regulations – certified instructor; an NRA certified instructor. He is a pain in the butt when it comes to safety. He is doing this because concealed carry is a hot topic and there a number of questionable persons teaching it. It is his intention to make sure it is done safely. He showed a sample of a cert gun. It cannot chamber a live round. It was passed around among the Commissioners. It is a laser weapon and it is completely safe. He explained how it works. He is a twenty year veteran of the Cook County Sheriff’s Police Department. Ten years of that was full-time at the Police Academy. He is certified in about sixty areas of law enforcement to teach by the Illinois Law Enforcement Training and Standards Board. He has trained over ten thousand police officers. Chairman Kanelos asked if people that train on a cert gun are required to go to a shooting range and fire a real gun with live ammunition in order to get their concealed carry permit. Mr. Jens said persons taking these courses are required, at the end of their Page 3 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 training, to fire a qualification target and that is only done at a fully licensed and insured range. The focus right now is on concealed carry training. Commissioner Dubiel asked if all he would be teaching is the concealed carry portion. Mr. Jens said he would be teaching a number of concealed carry instructors tactical training. He is certified to teach instructors how to teach. Vice-Chairman Dimond asked what age of students he will accept. And would he allow live firearms in his classroom. Mr. Jens said under Illinois law no one can be under twenty-one. He is required to teach various courses in cleaning so he would have one of his own firearms disassembled to demonstrate cleaning. Vice-Chairman Dimond asked what he would do if one of the students brought his or her own gun to the class. Mr. Jens answered they would be directed to leave with no refund. Vice-Chairman Dimond asked if there will be a sign posted on the door with the no gun symbol. Mr. Jens said probably not. If someone was coming in to visit and they’re a lawful concealed carry owner he wouldn’t ask them to disarm themselves. Commissioner Schulter asked if there would be associates teaching with him. Mr. Jens said no. Chairman Kanelos asked if there were more questions from the Commissioners. There were none. There were no questions from the public either. He then entertained a motion. Commissioner Dubiel moved to approve 14-ZP-14 requesting approval of a Special Use Permit for a ‘School, commercial or trade’ to allow a personal defense and concealed firearms license training school at 7609 North Milwaukee Avenue per Appendix B, Section VIII(B)(3)(u). Findings of fact: it Page 4 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 meets the requirements of Section XI(H)(4) of the Niles Zoning Code. The proposed business will allow the provision of a training and educational service to the public and will therefore provide a public convenience. This multi-tenant building is an appropriate location for such a business. Because no firearms will be used, there are no necessary precautions needed to protect the public health, safety and welfare. And the proposed use will not have a negative impact on other property. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the final item on the agenda. 14-ZP-15 Requesting a Zoning Text Amendment to allow “Gun Shops: Trade, Sale and Repair of Firearms and related retail accessories, including those with indoor firing ranges, and gun safety training” in the M-Manufacturing Zoning District. Bruce Sylvester again presented the case. This is a request for a proposed text amendment which means revising the zoning rules for the Village. These two agenda items are completely unrelated. The request came from a consortium of various individuals, several of whom are present tonight. They are seeking to open an indoor firing range in or near Niles. They are looking at a particular parcel at 6143 Howard St. That is zoned Manufacturing. In two separate meetings with this group over the past few months, there was discussion about the current rules in the Village where indoor firing ranges are permitted in the B district as Special Uses; however they are not currently allowed in the M district. The group asked the Village if it would be agreeable to revising the zoning rules through a text amendment to allow an indoor firing range in the M district. Staff felt not only should the zoning rules be changed so that an indoor firing range could be allowed in the M district as requested; it would be advisable to suggest they would no longer be allowed in the B district where they are currently allowed with the Special Use. That is the overview of what is in front of this Board tonight: 1) to allow indoor firing ranges in the M district with a Special Use and 2) to no longer allow them in the B district where they are currently allowed with a Special Use as they have been for some time. Currently indoor firing ranges Page 5 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 are allowed with a Special Use but the zoning code does not list or provide any specific conditions of approval. After doing research and looking at other communities, we suggest four specific criteria that would have to be satisfied by any proposed indoor firing range in order for them to receive a Special Use permit in the M district if this text amendment is approved. In the Commissioners packet is a description of the language that would get incorporated into an ordinance if it is recommended for approval here, and then ultimately approved by the Village Board. 1. Any petitioner for a proposed gun shop with or without an indoor firing range shall provide a safety and security plan to be approved by the Chief of Police. 2. Any petitioner for a proposed gun shop with or without an indoor firing range shall show compliance with all applicable federal firearms regulations. 3. Any petitioner for a proposed gun shop with an indoor firing range shall do the following four things: a. provide a management safety plan that insures the facility is maintained and operated in a manner that protects public safety at all times [this must be approved by the Chief of Police prior to issuance of a Special Use Permit] b. provide an environmental protection plan that insures compliance with all applicable air quality spent materials including lead abatement and other environmental protection requirements c. be constructed in a manner that insures public safety is protected at all times d. be constructed in a manner that insures compliance with Village noise ordinances Mr. Sylvester and Commissioner Dubiel had a phone conversation earlier about whether there might be more objective standards that could be used rather than relying on the Chief of Police’s opinion as to whether a safety plan is adequate or not. Chairman Kanelos asked about the four listed conditions Mr. Sylvester just read. Are any of them covered by state laws and existing conditions? Some of them seem redundant. Mr. Sylvester said this list is trying to address the most common concerns that a community may have about this particular land use. Page 6 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Joseph Annunzio, Village Attorney, said they need to be careful when creating an ordinance. It must provide some enforcement value to protect the residents in a way they haven’t been protected already. For instance, it is really nice to have an ordinance saying we are against or for something and explain why. But you have to look at the ordinance and make sure it is more than just a policy statement you want to have collectively in one place. He’s trying to figure out right now where they would put this. It will be his job to find a place. Mr. Sylvester said these were just suggestions from Staff. If the Board feels they go too far, certainly they can be eliminated. The applicants provided a three ring binder, 4 inches thick, of all applicable regulations and standards for air quality, noise and safety and protection with which they have to comply. Commissioner Dubiel asked about the Chief of Police issue here. Right now the Village has a Chief who is pro-Constitution and understands the second amendment. That could change. Maybe they could back off a little on the above recommendations and create a criteria that is very objective. Commissioner Schulter pointed out it says 6143 Howard Partners Inc. and that is the address they are proposing this gun range. If approved will they still have to get a Cook County license, a state license and a federal license in order to do this? Mr. Sylvester said the group has incorporated itself as a business and that is the name of their business. He will let the applicant answer the license question. This action tonight will not approve an indoor firing range on Howard St. A business is proposing one but the rules currently allow it. Tonight you [the Board] are considering changing the rules so an indoor firing range could be allowed in the M district. If the Village approves the text amendment, then they would proceed in the future and come back with a proposal for a Special Use permit to have an indoor firing range at such and such an address. Commissioner Nakanishi said these conditions look good to her because this Board has not been down this road before with guns. She would like to see the four inch thick binder the petitioner brought to tonight’s meeting. Commissioner Troiani said military establishments are missing here. VFW, Page 7 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 American Legion all have weapons. At one time Niles had a cannon that was capable of firing. That would have to be covered. Vice-Chairman Dimond said she believes they should be in an M district instead of a B district. It seems if someone applies to come into the B district, he could say he doesn’t need to follow the rules of the M district. Whereas the M district applicant would have to comply with these other requirements. She thinks the language needs to be changed. Would you consider taking gun shops out of B-1 altogether? Mr. Sylvester said what is in the packet removes indoor firing ranges out of the B district and puts it in the M district but leaves gun sales and repair and gun safety training in the B district. Vice-Chairman Dimond wants sales, repair and training taken out of the B district. That would be a discussion for this Board if they want that change made. Staff is not recommending that. Staff believes that gun sales and gun repair businesses are appropriate in the B district. It is just firing ranges that are not appropriate in the B district. Vice-Chairman Dimond still thinks there is a problem with the text. It makes it easier to be a gun shop owner in a B-1 district than in an M district. She doesn’t feel that makes sense. Mr. Sylvester said she makes a good point. Maybe he [Mr. Sylvester] and Mr. Annunzio can clean up the language. It could be written so if gun shops can stay in the B district, they would have to comply with the same requirements as a gun shop in the M district. He’s trying to differentiate between firing ranges that would have aspects that need to be addressed that would not exist for a gun shop, i.e. air quality. Chairman Kanelos said since some of these things are already covered by local, state and federal laws and other requirements, you still have to comply with the same criteria whether or not you are in B or M districts. He feels that is a danger to add sub-criteria. Commissioner Dubiel asked why the petitioner is coming to the Board tonight anyway. The Village has had no trouble with firearms or gun shops in the B district. The issue is which district is most appropriate to have a firing range. It makes sense the M district has the space; it is already industrial; it’s quiet and wouldn’t disturb residences or neighbors. Page 8 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Commissioner Schulter said years ago there was a gun shop on Milwaukee Avenue called Barton’s. It was on Milwaukee between Touhy and Birchwood on the east side of the street. Has the code change since that went out of business? Mr. Sylvester assumes it has not changed because that is probably B zoning. That is where the ordinance currently allows a gun shop. Commissioner Schulter said sometimes a gun shop has to test the firearms they sell. They don’t have a firing range but will they still be allowed to test the weapons? Mr. Sylvester said yes. Commissioner Troiani said it should remain a controlled environment. By eliminating gun shops in B and having them in M only gives a little more control. Vice-Chairman Dimond asked if just allowing gun safety training in the B district and putting all the other uses in the M district would be considered. From what she heard tonight, the training doesn’t involve having any actual firearms being used in the facility. It is in a business district; a lot of businesses are nearby, a lot of people nearby. At least the M district is usually somewhat separate. Mr. Sylvester said among Staff the opinion is gun sales, gun retail is like any other retail business and would be appropriate in a B district. But if the Plan Commission wants to advise the sale of firearms not be allowed in the B district, you could change the recommendation. Staff suggest sales stay in the B district and move just the firing range to the M district. The firing range would be allowed sales also. Commissioner Dubiel said in a gun shop there might be a smith who would repair a gun and have a need for testing. They have a large box to shoot into and it traps any bullet that needs to be fired. They are incredibly safe. Commissioner Schulter said the general public is not allowed to shoot in those gun shops. Vice-Chairman Dimond said she doesn’t think it fits in the business district Page 9 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 or with the ambience of Niles. It doesn’t fit with the friendly family Village. She would rather not see it in the business district. Chairman Kanelos said this is not the debate here. It is retail. It’s a legal product; a constitutionally protected product. He has his own opinions but will keep those to himself at this time. We have to be careful about picking out retail sales we don’t want to have. He respects the Vice-Chairman’s opinion but doesn’t want to get into that too much tonight. Mr. Sylvester said, as an example, a lot of large retailers in the country sell some type of firearms. In Niles you can currently by a firearm at Dick’s Sporting Goods. Commissioner Nakanishi asked who compiled the information in the four inch thick binder she is looking at. She said it really is impressive and very detailed. However the indoor ventilation guide portion is blank. Mr. Sylvester said the applicants who requested the text amendment prepared the binder. She can ask that of the applicants. Commissioner Troiani said in making the ordinance, it should eliminate non- qualified people to have a range or the selling of weapons besides in the M district without the proper controls that have to be built into it. Vice-Chairman Dimond moved to table this for the reason they really don’t know what they are voting on. She doesn’t think Staff intends for it to be easier to set up a gun shop in a B district than an M district. That’s what the text says right now. Chairman Kanelos said there is no second necessary for a motion to table. They are now required to vote on it. If you want to continue discussion, you vote no. If you want to table it, you vote yes. On roll call the vote was: AYES: 3 Dimond, Troiani, Nakanishi, NAYS: 4 Surace, Schulter, Dubiel, Kanelos There being three (3) affirmative votes the motion did failed. Commissioner Dubiel asked Mr. Sylvester in addressing Vice-Chairman Dimond’s concerns, in B-1 you’ve essentially said this language is acceptable. “Gun Shops: Trade, Sale and Repair of Firearms and related retail Page 10 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 accessories”; you are striking: “including those with indoor firing ranges, and gun safety training”. He then asked Mr. Annunzio if that is sufficient to block firing ranges from the B district. Going to M district proposed new language showing “Gun Shops: Trade, Sale and Repair of Firearms and related retail accessories” if you strike “including those” and simply say “with indoor firing ranges, and gun safety training” with the following requirements……… Mr. Annunzio said yes. Chairman Kanelos said he doesn’t feel you have to strike that language. Someone can open up a gun sales shop in the M district without a firing range correct? You can place a period after the word “training” and leave off “the following requirements.” Mr. Sylvester agreed that change would address Vice-Chairman Dimond’s concerns that the rules are harder and easier in different districts. If you struck “with the following requirements” and eliminated points 1, 2 and 3, you would have a straightforward item eliminating firing ranges in the B district and allowing what is underlined in the M district. Mr. Annunzio said if the Village feels these three criteria under the Special Use is important, this really should go with Chapter 66 which discusses the sale of firearms. This simply allows it in a certain district. But the code has an article in the chapter that discusses firearms. Commissioner Dubiel said good laws contain good resolution. He is referring to the two lines regarding approval by the Chief of Police. Is there an issue? We want that law not to be whimsical depending on who the Chief is. Mr. Annunzio said that can all be dealt with in Chapter 66, not here. It could also be done in a guidance document. Chairman Kanelos asked if there were any other questions for Mr. Sylvester. There were none; nor were there any from the public. He then called the petitioner. Vice-Chairman Dimond did have one other question. When there is a text amendment, is there truly a petitioner? Page 11 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Mr. Sylvester said it can come from Staff. In this instance there was a petitioner asking if the Village would revise the zoning ordinance to allow indoor firing ranges in the M district. The petitioner, Myles Cunningham, Jr., 919 Oak St., Winnetka, Illinois, came to the podium and was sworn in. He said his team is the petitioner in this case and they will have to go back in for the Special Use next month. They thought the two might go together. They feel this use is better served in the M district, specifically the size of the buildings. They do have a large team assembled helping to put this together. They are all present tonight. If the Commissioners have questions, this team is ready to answer inquiries. Commissioner Nakanishi asked why the section “Indoor Ventilation Source Guide” is blank. Mr. Cunningham said the HVAC specialist is here. Every building is a little bit different. There is a unique HVAC plan for each building. The equipment will carry over. At this point the HVAC expert was called forward and sworn in. William Provencher, Carey’s Heating and Air Conditioning Inc, 7904 W. Deerwood Dr., Palos Park, IL appeared before the Commissioners. He said there are several types of ventilation for indoor gun ranges. The important thing is to protect the respiratory zone of the shooter and protect the staff from being exposed by letting any contaminants from the range get into non- range spaces. The system they are choosing has a negative pressure in the range to contain any contaminant created during the firing of a round. Everything they do will be filtered with HEPA filtration. A rough example would be if you were to shoot six million rounds of nine millimeter in a year’s time and you did not filter any air and put all that air outdoors, you would put fifteen pounds of lead to the outdoors. The EPA starts monitoring your facility at a thousand pounds; that is with no filtration. They will be using HEPA filtration. With six millions rounds, the most they can put out is .0015 pounds of lead. Basically the air coming out of the range will probably be cleaner than the outside air, especially if you’re near a small airport where they are still using leaded gasoline. His company has designed over five hundred fifty ranges and the system this group would be using would not only protect the occupants of the building but also the environment and outdoors as well. Nothing will be exhausted out of the building without first being filtered with HEPA filtration. Page 12 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Chairman Kanelos said questions like that will be taken care of in the next round of meetings. Vice-Chairman Dimond asked Mr. Cunningham if there were any firing ranges in his hometown of Winnetka. Mr. Cunningham said there are none. Commissioner Dubiel said this Board is considering a text amendment change. Mr. Cunningham, as the petitioner, could have opened a gun shop in B-1 with a Special Use. What is being addressed here is a text amendment that would be sighted going forward from now on all indoor firing ranges in this M district. You are familiar with the market place [as a petitioner] and you understand your product. Can you walk us through your team assembled in the audience? Chairman Kanelos said that is a very good question but it is a question for when they come before the Board for a Special Use. Commissioner Dubiel said clearly the M district suits the purpose, and your major purpose is creating a firing range as well as a gun store. Mr. Cunningham wants to emphasize this is a training center. That is why extra space is needed. They can’t afford to open a business like this in the B district because they wouldn’t have the volume of retail to support a B address. Typically the B districts are more expensive retail. The rents are usually higher because you pay a higher square foot price. In this location they need a lot of open space. Besides classroom training they want people to be able to train to move around with firearms. A large component of the business plan is for law enforcement training. At times they are sent out of state; they have limited use of ranges; there is a ton of tactical training and movements that police officers and law enforcement officers don’t get to do. You hear on the news where a law enforcement officer and a criminal are standing eight feet away from each other; bullets are flying but no one is hitting because things happen and they don’t have an opportunity on the North Shore to train for those situations. Commissioner Dubiel said this is the information he was hoping to hear. When they come next time, make sure the local police are here. They are excited about this. Page 13 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Chairman Kanelos asked if he has a lot of retail or manufacturing in the town in which he lives. Mr. Cunningham said no, it is very limited. Chairman Kanelos said Niles is a community with a lot of manufacturing, a lot of retail. If one town doesn’t have something and another one does, he doesn’t think it is a fair assessment. Commissioner Troiani asked Mr. Cunningham if he had military training. He answered he has not. But there are people on his team that have had military training. And you are thinking of an outdoor range, right? Mr. Cunningham said no. Mr. Sylvester said the text amendment being drafted is for indoor firing ranges only. Chairman Kanelos asked if there were other questions for the petitioner. There were none. He then entertained a motion. Commissioner Dubiel moved to approve a Zoning Text Amendment to allow “Gun Shops: Trade, Sale and Repair of Firearms and related retail accessories, including those with indoor firing ranges, and gun safety training” as a Special Use in the M-Manufacturing District as provided in attachment A with the following Staff recommended condition of approval: indoor firing ranges as Special Uses shall no longer allowed in the B-1 and B- 2 zoning districts. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 4 Surace, Schulter, Dubiel, Kanelos NAYS: 3 Dimond, Troiani, Nakanishi, There being four (4) affirmative votes the motion carried. Chairman Kanelos added this Board is a recommending Board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Page 14 of 15  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS May 5, 2014 Chairman Kanelos then entertained a motion to adjourn. Commissioner Troiani moved to adjourn. Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Dimond, Surace, Troiani, Nakanishi, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:13 p.m Kathleen Janessa, Recording Secretary Page 15 of 15