Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 The Niles Plan Commission and Zoning Board of Appeals were called to order at 7:04 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 announced a digital timer would be in use tonight. Every member of the Board and the public who wishes to speak will be given three minutes and an additional three minutes as rebuttal time. To clarify, it will be an accumulative three minutes on the question and same on the rebuttal. Also, whoever makes the motion will be the first person to vote on the motion. However, the Chairman reserves the right to vote last. Commissioner Dubiel moved to approve the use of the timer for tonight’s meeting. Seconded by Commissioner Troiani, 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 asked if there were any additions, clarifications or corrections to the minutes of May 5, 2014. There were none. Commissioner Dubiel then moved to approve the minutes of May 5, 2014. Seconded by Commissioner Surace, on roll call the vote was: AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. NEW BUSINESS 14-ZP-16 Consideration of a request for parking credits per Zoning Ordinance Appendix B, Section X(B)(10)(nn) to allow a Page 1 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 restaurant with 40 seats at 9054 West Golf Road in the Golf Glen mall. 14-ZP-17 Proposed 1.4 foot variation from zoning ordinance Section IV(K)(3) at 8814 North Grace Street to allow a new front porch to be placed 24.1 feet from the front property line where 25.5 feet is required. 14-ZP-18 Consideration of a proposed Special Use Permit to allow a new business with firearms sales, indoor firing range, and firearms safety training business at 6143 Howard Street per zoning code Appendix B, Section IX(B)(2)(m). 14-ZP-19 Consideration of a proposed Special Use Permit to allow a full service restaurant with 240 seats to operate at 7201 Caldwell Avenue as provided in Appendix B, Section VIII(B)(3)(z), Section VIII(C)(3)(a), and Section X(B)(10)(p). 14-ZP-20 Consideration of a proposed Special Use Permit to allow 3 additional cell phone antenna on an existing tower at 7500 Caldwell Avenue per zoning ordinance Appendix B Section IX(B)(2)(d). 14-ZP-21 Consideration of a proposed Special Use Permit to allow 3 additional cell phone antenna on an existing tower at 7007 Austin Avenue per zoning ordinance Appendix B Section IX(B)(2)(d). Chairman Kanelos called for the first item on the agenda. 14-ZP-16 Consideration of a request for parking credits per Zoning Ordinance Appendix B, Section X(B)(10)(nn) to allow a restaurant with 40 seats at 9054 West Golf Road in the Golf Glen mall. Bruce Sylvester, Senior Planner, presented all the cases this evening. Regarding this case, Mr. Sylvester said the Village’s ordinance states when a multi-tenant development has a number of uses in it, and if there aren’t Page 2 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 enough parking spaces for all the businesses located in that center, new businesses are sometimes required to get parking credits. This mall was examined in 2010 and it was determined there is ample parking in the center for all the various businesses. Since that time a few of the businesses, notably the billiards hall and movie theatre, have closed. Staff is recommending approval of the request. There is detailed information in the packets regarding this case. Police, Fire and Engineering departments have no concerns. Also included in the packets are the Findings of Fact that need to be found in order to approve the request. The legal notice was placed in the newspaper and mailed notices were sent to property owners within 250 feet. There is an aerial photo of the center to show where this business will be. The applicant provided a description of the restaurant as well as a floor plan. There is also a copy of the parking study from 2010 that concluded there is more than sufficient parking on this site. Chairman Kanelos asked if this Board has the final say on parking credits or is it a recommendation to the Trustees. Mr. Sylvester said this is a recommendation to the Village Board. Chairman Kanelos asked if there were questions for Mr. Sylvester from the Commissioners. There were none. There were no questions from the public either. He then called the petitioner. Irene Uy came to the podium and was sworn in. She resides at 326 S. Litchfield Drive, Round Lake, IL. The restaurant was located in Round Lake and now they want to move it to Niles. Chairman Kanelos asked if there were questions from the Commissioners. There were not. Nor were there questions from the public. He entertained a motion. Commissioner Dubiel recommended approval of parking credits per Zoning Ordinance Appendix B, Section X(B)(10)(nn) to allow a restaurant with 40 seats at 9054 West Golf Road in the Golf Glen mall. The packet is complete. And in the packet are the Findings of Fact necessary as demonstrated by virtue of the peculiar operating characteristics of a group of different land uses, joint utilization of off-street parking spaces will not result in a parking deficiency for any particular uses. There is detailed data supporting the information for the proposed parking credit. Page 3 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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. Chairman Kanelos called for the next item on the agenda. 14-ZP-17 Proposed 1.4 foot variation from zoning ordinance Section IV(K)(3) at 8814 North Grace Street to allow a new front porch to be placed 24.1 feet from the front property line where 25.5 feet is required. Mr. Sylvester asked the Commissioners to look at page 4 (aerial view) of this case in their packet. Page 5 shows two pictures of the building; one is the current view and one is with the proposed porches on the building. The proposed additions would project into the front yard and they would be 24.1 feet away from the property line. The zoning ordinance Section IV(K)(3) that says the front setback for additions onto buildings or new buildings needs to be the average of existing buildings on that block. The existing buildings on that block have an average set back of 25.5 feet. The result is the need for a variation of 1.4 feet. Staff is recommending approval of this request. Police, Fire and Engineering had no comments. The required Findings of Fact are on page 2 of the report. Staff believes the required Findings of Fact are satisfied by this request. The required legal notifications in the newspaper and those mailed to property owners within 250 feet were taken care of by Staff. Vice-Chairman Dimond has a question regarding one of the Findings of Fact on page 2, section 2(a), question (2) – the plight of the owner is due to unique circumstances. She would like to know why that is unique. Page 4 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Mr. Sylvester said the requirement in the Village is 25 feet. These buildings seem to be set back a half foot further than the standard requirement in the Village. It may not be unique but he doesn’t know if that is common throughout the Village. Vice-Chairman Dimond said looking at the photo it looks like the only thing extending further are the balconies, not the actual footprint of the building. Mr. Sylvester said that is correct. Commissioner Nakanishi pointed out the photo [on page 5] shows horizontal rails. She would like them to check the International Residential Code. Those rails as shown would not be allowed because kids could climb on them and fall off. Charles Ostman, Director of Community Development, responded. The International Code took that section out. Chairman Kanelos asked if there were any more questions from the Commissioners. There were none. He asked if there were questions from the public. None there either. He asked for the petitioner to come forward. Ted Koulouris, 8814 N. Grace, Niles, owner of the property, came to the podium and was sworn in. As far as the width of the railings, it is not going to look like that. That was the best he could come up with for the drawing. Chairman Kanelos said in any case he would be required to comply with the codes. Mr. Koulouris said absolutely. Vice-Chairman Dimond asked if he was extending the roof out also. Mr. Koulouris said the second floor balcony will have a cover on it with gutters and downspouts. Mr. Sylvester said the variation would allow the front porch addition or in this instance a covering as long as it doesn’t extend out more than 24.1 feet. Commissioner Dubiel asked if the roof extension would be sufficient. Page 5 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Mr. Koulouris said he and his family felt a roof equal to the size of the balcony would be fine. Mr. Ostman said in the code it shows eaves or roof coverings as permitted obstruction in the yard. You can come out an additional two feet beyond what the setback is. Chairman Kanelos asked if there were other questions for the petitioner from the Board. There were none. There were no questions from the public. He entertained a motion. Commissioner Nakanishi moved to approve 14-ZP-17 for a 1.4 foot variation for a front porch addition at 8814 North Grace Street to be placed 24.1 feet from the front property line where 25.5 feet is required per zoning code Section IV(K)(3). Seconded by Commissioner Dubiel with an amendment. He added the Findings of Fact that a reasonable return if permitted with the proposed variation; the buildings in the 8800 block of North Grace Street are unique in that their average setback from the front property line is 25.5 feet; if granted the requested variation would not alter the essential character of the surrounding area. Commissioner Nakanishi accepted the amendment. On roll call the vote was: AYES: 7 Nakanishi, Dimond, Surace, Troiani, Schulter, Dubiel, Kanelos NAYS: 0 There being seven (7) affirmative votes the motion carried. Vice-Chairman Dimond made a motion to take cases out of order tonight. If looks like there are several matters toward the end of the agenda that could be quick. If we could take those first, we could let those people go. That would be items 19, 20 and 21. Seconded by Commissioner Nakanishi. Commissioner Dubiel said the petitioners expect to have their cases taken in order. He doesn’t know why this would be changed. Vice-Chairman Dimond thought it might be a courtesy to the people whose cases won’t take as long. Page 6 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Chairman Kanelos said he, too, would like to take them in order but there is a motion on the table. On roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Nakanishi, Schulter NAYS: 2 Dubiel, Kanelos There being five (5) affirmative votes the motion carried. Chairman Kanelos called for the next case. Item 14-ZP-18 will now be the last item. 14-ZP-19 Consideration of a proposed Special Use Permit to allow a full service restaurant with 240 seats to operate at 7201 Caldwell Avenue as provided in Appendix B, Section VIII(B)(3)(z), Section VIII(C)(3)(a), and Section X(B)(10)(p). Mr. Sylvester said this is a request for a new restaurant in the location that was formerly known as Christopher’s Off the Bone at the corner of Touhy and Caldwell. After the Staff report was put together, the applicant made a request of the Village to officially change the address for this property so it would have a Touhy Avenue address rather than a Caldwell address. After working with the GIS department and building officials, that address change request was granted. The address for this parcel is now 6480 Touhy Avenue. A new owner has purchased the property and he is here tonight and wants to open a new restaurant after many years in the restaurant business. Because more than six months have elapsed since the previous restaurant went out of business, the Village’s zoning ordinance says a new Special Use permit is required. Staff is recommending approval of this request. Some of the goals in the Village’s Comprehensive Plan will be accomplished by approving this Special Use permit. On page 2 of the report for this case are the Findings of Fact to approve the Special Use permit. Staff feels these are satisfied. The other departments did not have any concerns or comments. Staff provided all the required notifications in both the newspaper and owners of property within 250 feet. Page 4 in the packet shows an aerial photo of the property. Chairman Kanelos asked if there were any questions from the Commissioners or the public. There were none. He called for the applicant to come to the podium. Page 7 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Mark Freedman, 6711 Edgebrook Terr., Chicago, IL was sworn in. He said Mr. Sylvester provided all the necessary information. Chairman Kanelos asked if there were questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He entertained a motion. Commissioner Dubiel moved to approve a Special Use Permit to allow a full service restaurant with 240 seats to operate at 6480 Touhy Avenue as provided in Appendix B, Section VIII(B)(3)(z), Section VIII(C)(3)(a), and Section X(B)(10)(p). The packet and testimony for today is complete. The Findings of Fact pertinent to Section XI(H)(4); that the proposed restaurant will provide additional dining options for the public and therefore provide a public convenience; that Caldwell and Touhy Avenues is an appropriate location for the restaurant business and it will not adversely affect the safety, health and welfare and will not cause substantial injury to the value of other property in the neighborhood in which it proposed to be located. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 There being seven (7) 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. Chairman Kanelos called for the next case. 14-ZP-20 Consideration of a proposed Special Use Permit to allow 3 additional cell phone antenna on an existing tower at 7500 Caldwell Avenue per zoning ordinance Appendix B Section IX(B)(2)(d). Mr. Sylvester said in the packet for this case there are two photographs on Page 8 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 page 2 that show an existing monopole with cell phone antennae mounted at the top. This pole is located at 7500 Caldwell Avenue. The Village received a request from Sprint to mount additional antennae at the top of this monopole. The applicant is present. The Village’s zoning ordinance says new or additional antenna on cell phone towers do require a Special Use permit. The Village does contract with a consultant who specializes in reviewing proposals the Village receives for cell phone towers and antenna. He does a technical review and makes sure there is no radio interference, etc. He also determines if the Special Use permit is required or not. It boils down to will the proposal create additional antenna on the tower or additional ground mounted utilities. If the answer is yes than it requires a Special Use permit, as does this one tonight. The Village receives many other requests from cell phone providers that do not require Special Use because they are simply swapping out antenna or even reducing the amount of equipment on the ground. Staff has reviewed this and believes the requirements to grant a Special Use permit have been satisfied. They are at the bottom of page 1 of the request. Legal notice that is required was provided in the newspaper and mailed notifications to properties within 250 feet. Staff’s recommendation is for approval. Commissioner Troiani asked if this was sent out to the contractor the Village regularly uses. Mr. Sylvester said yes, it was Stu Chapman. Commissioner Troiani asked if Mr. Chapman submitted a report. Mr. Sylvester said yes but it is not included in tonight’s packet as it is quite thick and technical. Commissioner Dubiel asked if Mr. Chapman concluded this would not be a problem. Mr. Sylvester said Mr. Chapman stated it meets the city requirements. He is satisfied the antenna can be installed without creating any problems. Chairman Kanelos asked that from now on there be a summary page in the packet for this type of request. Mr. Sylvester said yes. Page 9 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Chairman Kanelos asked if there were any more questions for Mr. Sylvester from the Commissioners. There were no questions from the Commissioners or the public. He called for the petitioner. Greg DiBona, Insite Inc., 1S660 Midwest Road, Oak Brook Terrace came to the podium and was sworn in. He said he had a copy of Stu Chapman’s reports and he did sum it up pretty well. Chairman Kanelos asked if there questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Troiani moved to approve 14-ZP-20 consideration of a proposed Special Use Permit to allow 3 additional cell phone antenna on an existing tower at 7500 Caldwell Avenue per zoning ordinance Appendix B Section IX(B)(2)(d). Seconded by Commissioner Dubiel, on roll call the vote was: AYES: 7 Troiani, Nakanishi, Schulter, Dubiel, Dimond, Surace, Kanelos NAYS: 0 There being seven (7) 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. Chairman Kanelos called for the next case. 14-ZP-21 Consideration of a proposed Special Use Permit to allow 3 additional cell phone antenna on an existing tower at 7007 Austin Avenue per zoning ordinance Appendix B Section IX(B)(2)(d). Mr. Sylvester said this is a second request from the same applicant, Sprint, to locate additional cell phone antenna on a different existing monopole at 7007 Austin Ave. This street is east of Lehigh and alongside Star Nissan going Page 10 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 into the southern end of an industrial area. This request is almost identical to the last case. The consultant, Stu Chapman, has reviewed it and is supportive of it. He determined a Special Use permit is required. Staff feels this meets the requirements that are necessary for a Special Use permit as outlined on page 1. Again, the required notification was printed in the paper and sent out as required by the Village ordinance. The recommendation from Staff is to approve the request. Chairman Kanelos asked if there were any questions from the Commissioners or from the public for Mr. Sylvester. There were none. He called the petitioner, Greg DiBona, to the podium again. Not necessary to swear him in again since he is still under oath. He asked if he had anything to add. Mr. DiBona said no. Chairman Kanelos asked if there questions for the petitioner from the Commissioners. There were none. There were no questions from the public. He then entertained a motion. Commissioner Dubiel said in consideration of a proposed Special Use Permit to allow 3 additional cell phone antenna on an existing tower at 7007 Austin Avenue per zoning ordinance Appendix B Section IX(B)(2)(d), he recommends it be approved. The requirements for a Special Use permit and Findings of Fact both in testimony and contained in the packet meet the specific standards of Section XI (H)(4) of the Niles Zoning code. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dubiel, Dimond, Surace, Troiani, Nakanishi, Schulter Kanelos NAYS: 0 There being seven (7) 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 11 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Chairman Kanelos called for the final item on tonight’s agenda. 14-ZP-18 Consideration of a proposed Special Use Permit to allow a new business with firearms sales, indoor firing range, and firearms safety training business at 6143 Howard Street per zoning code Appendix B, Section IX(B)(2)(m). Mr. Sylvester outlined this case. This would be allowed under a new ordinance recently discussed at last month’s meeting. That text amendment changed where indoor firing ranges are allowed within the Village. Previously they had been allowed as Special Uses in the B district; the recommendation from Staff at the request of the applicants who are in attendance tonight now says that type of land use should be allowed as a Special Use in the Manufacturing district instead of in the Business district. The Village Board approved that zoning text change at which point the applicants proceeded with this request for a specific business under that new zoning text. He then showed an aerial photo of the location on page 5 of the packet given to the Commissioners. This site was previously occupied by a car renovation business. It is no longer there. The applicants want to move this new business into the building: an indoor firing range, gun safety training and firearm sales. Staff believes this business would comply with the Village’s 2030 Comprehensive Plan. Also, at least two economic goals would be accomplished by approving this request. He then read through the Staff report which starts at the top of page 2. This includes adjacent land uses and site plan and parking comments. The exterior of the building will be improved. The applicants have provided a detailed safety plan included in the packet. Staff recommends that a condition of approval be that the business complies with all applicable air quality and lead-abatement rules and regulations. The business is also required to comply with all applicable noise ordinances. The Fire department had no comment. The Police department said there were no law enforcement issues and is in full support of this proposal. The Engineering department listed some requirements for Civil Plan that are stated on page 3. The Findings of Fact have been met. They are listed on page 3 also. Legal notification was provided in the newspaper and mailed notices were sent to all property owners within 250 feet. Vice-Chairman Dimond said in the beginning of this report you [Mr. Sylvester] state you do not have the results of the Board of Trustees meeting Page 12 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 of May 27, 2014. Are those minutes available tonight? Joseph J. Annunzio, Village Attorney, said no – those minutes are not approved yet. Vice-Chairman Dimond said she understood there was a slight modification to what this Board passed at the May 5, 2014 meeting. Chairman Kanelos said there was a slight modification but it had no impact on the M district, only on the B district. No handguns can be sold in the B district. Mr. Ostman verified that was the extent of the change. Commissioner Nakanishi asked about noise abatement. Mr. Sylvester said a consideration for approval is they must be in compliance with the Village’s noise ordinance at all times. There is a certain decibel level that is allowed. Mr. Annunzio said the ordinance is nuisance in nature and has to do with what you can hear at the lot line. Commissioner Dubiel said this is a very thorough and complete package. What does it mean when the Fire department says no comment? Mr. Sylvester said when he gets an application for a zoning permit, he gets multiples copies of the proposal and he puts together a cover sheet and sends it to the three departments asking for comments. He then provides them with a copy of the plan. The other departments send the cover sheet back and if there are issues, the department heads will write on there what they want included in the approval. In this particular instance, the Fire Chief wrote no comment. He doesn’t know if the Chief confers with other people in his department. Commissioner Dubiel asked if there were any law enforcement issues. Mr. Sylvester said Chief Strzelecki returned the sheet saying “full support as proposed.” Page 13 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Commissioner Dubiel questioned one of the Findings of Fact: that the proposed business will allow Niles residents……………. shouldn’t the proposal include law enforcement? The police will use this facility for tactical training and benefit the community as well, correct? Mr. Sylvester said yes. Commissioner Dubiel said this is a heavily regulated industry at the federal, state and county level, correct? Mr. Sylvester said he believes so but that question should be asked of the petitioner. He would know more about that. Chairman Kanelos asked if there were any more questions for Mr. Sylvester from the Commissioners. There were none. There were no questions from the public. He asked for the petitioner to come forward. Myles P. Cunningham, Jr., 919 Oak St., Winnetka, IL stepped to the podium and was sworn in. He thanked the Board for hearing this case. He knows it is a controversial issue but concealed carry is an Illinois law now. There are certain areas about this venture he is not an expert on. Because of that the experts are here with his group. The company that would be doing this range is actually working on the Police department’s range right now. The main thing for this team is safety. 30 to 40 thousand people have applied for concealed carry licenses since it became the law in Illinois. It is anticipated another 350 to 400,000 will apply. He found that the classes he and his partners took were training you to get the license. They are not training you how to be a responsible individual with concealed carry. There are a lot of issues surrounding carrying a handgun. They think it is important to have a facility not just to give people the license but to know how to handle the weapon properly and make sure it is safe in your home. Another factor was locating in the Village of Niles. They talked with the Chief and were informed there are not a lot of good training facilities for law enforcement. There are limited budgets which affect the size of the range you can build in a community. There was a situation in Lincolnwood a couple of years ago where a police officer pulled over a person who had a gun. That person fired eighteen shots at the police officer. The officer fired eighteen shots at that person. Nobody was hit. To get the type of training needed to handle a situation like that you need a special facility. You don’t get that on the range in the basement of the Police department. His group wants to build a facility Page 14 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 that will give that type of training. This will be a state of the art training facility in Illinois, certainly in the Midwest and the goal is in the country. There is a safety plan in the brochure given to the Board. Vice-Chairman Dimond asked Mr. Cunningham if he has run a firing range, a gun shop or a fire safety training center before. Mr. Cunningham said he has not. Vice-Chairman Dimond asked if that would be true for Mr. James Arahoe [sp?] and Mr. Adam First [sp?]. Mr. Cunningham answered yes. Vice-Chairman Dimond asked if the officers they are planning on hiring are going to be part-time or full-time. Mr. Cunningham said he hoped eventually they will be full-time. They will start as part-time. However the coverage, meaning the number of individuals who have significant experience in this industry, will always be on staff. He and his three partners are entrepreneurs. They are firearms enthusiasts. But they know to hire people who have more experience. Vice-Chairman Dimond said on page 7 of the presentation, it states that Sportsmen will be training six days a week according to advanced schedule. What does that mean? Mr. Cunningham said if they are only booked for five days, then they would only train five days. There will be classes that are posted. People can register for the classes but maybe they will only need three days. As far as actual range use, the range would be open seven days a week. Vice-Chairman Dimond said on page 9 it says the Village of Niles was chosen for several reasons including current firearms sales and ordinances. Do you think Niles has the least restrictive ordinances? Mr. Cunningham said they felt Niles had an environment where this would likely get approved. They looked at Morton Grove and Skokie. They aren’t going to stop here. If something happens and this is not approved, they will try to get it approved close by. Page 15 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Vice-Chairman Dimond referred to page 15. It says all individuals will have to sign at the safety desk. It also says you must provide a current FOID card. If no FOID card, provide a current driver’s license and have a current FOID card sponsor co-sign. Mr. Cunningham said in Illinois the FOID card is a Firearm Owner’s Identification Card. If you want a firearm in Illinois you must have that card. The card is not required to shoot at a range. We encourage people to get the card and would like to have only people on the range with someone who actually has a FOID card. So if you have a driver’s license and are with someone who has a FOID card, you can get on the range with that person. Vice-Chairman Dimond said on page 17 there is an area about gun rental. Mr. Cunningham answered yes, they will rent guns. People may come in and want to buy a firearm but not sure which is the one for them. This way they can make recommendations. There will be a selection of guns to rent for a half hour session for people to try on the range. They will not rent guns that can leave the facility. Vice-Chairman Dimond asked what safety is in place preventing people who rent a gun from walking out of the building with it. Mr. Cunningham said the way to get in and out of the range is a two door system. There is a range safety desk in the vestibule between the doors. People are asked to come in with their guns locked in a case until they enter the range. If someone were to walk in with an open handgun, it would be the policy not to let them in. We can escort them back to their car to put it away and lock it up or leave, but at that point they are probably not transferring the gun properly. If it is a concealed carry, they would be denied entry to the range. Commissioner Surace noted on page 15 it says “will neighbors be able to hear shooting from the range?” You say they will not. What is the decibel count on that? Wouldn’t it depend on how many people are shooting? Generally a lawnmower is 60 decibels. Mr. Cunningham said a lawnmower at 60 is probably not as loud as what will be heard on the range. He is going to call his sound expert to the podium. Page 16 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Chris Hart, 3411 Mountain Vista Parkway, Provo, UT 84603, came to the front and was sworn in. He is from Action Target and the range designer. He was at the site today and took some sound readings. Passing traffic peaked out at 80 decibels. A lawnmower is louder than 60. It is typically over 80 because it is regulated by OSHA; they start regulating at 80 decibels and above. The shots from a range are typically in the 70 and under range. It depends on the construction of the building. At this location, they are renovating an existing building which is far superior to a block building. That is because this group would be putting in four new concrete block walls on the inside of an existing building. You not only have an air gap in between, you have double walls. This should be superior to a brand new build in terms of sound deadening. Around the site is all industrial and around Howard Street there is quite a bit of traffic passing through. His guess it at the property line you should not be able to hear shooting from inside depending on which part of the property line you are on. Commissioner Surace thanked Mr. Hart for correcting him on the number of decibels for a lawnmower. Commissioner Schulter asked if people coming in to shoot can bring any type of weapon that is registered. Mr. Cunningham said people that have legal firearms will be able to bring them. There are certain calibers they are likely to restrict. They would have posters up and also state on the website that the range is not designed for those types of larger weapons. When they check in with the range safety officer, he would tell them it is not an approved weapon for this range. They will allow some hunting rifles. It depends on the caliber. Commissioner Dubiel asked Staff if it’s a zoning requirement to open a business in Niles where the owner has some previous experience with that business. [Someone must have shaken their head no. There was nothing verbal but Commissioner Dubiel said he wanted to clarify that.] Up to $7 million dollars in investment in this business, you will bring in top experts who understand the business and help it succeed, correct? Mr. Cunningham said they can’t afford not to. Commissioner Dubiel had another question for Staff. The police station is located on a busy corner. There are apartments, businesses and a fountain Page 17 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 area on the other corners. Have there been any noise complaints about the firing range in the police station? Mr. Ostman said not that he’s heard of. Commissioner Dubiel asked Mr. Hart if he is working on a project at the police station now. Mr. Hart said they are on site now renovating the police indoor range. He said he won a sealed bid to do this work. Vice-Chairman Dimond said Mr. Cunningham stated they will only allow registered firearms at the range. Mr. Cunningham stated he didn’t say registered, he said legal. Illinois law does not require all firearms to be registered. This facility will have all new firearms registered. Commissioner Nakanishi said you are proposing twenty-two lanes. Do the decibel levels increase? How does it not sound like a bomb going off? Mr. Hart said because you are not firing twenty-two lanes simultaneously. He explained about a hallway that would further isolate sound from leaving the building on the east side. There is another airspace at the back of the range. Commissioner Nakanishi asked about another vertical corridor. Mr. Cunningham explained the layout on the overhead screen. Everybody goes through the range office to fill out paperwork and then in. There is a door incorrectly shown on the plan. Commissioner Schulter asked about camera systems mentioned on page 24. Are there cameras in each individual lane? And where are these cameras monitored? Will there be cameras around the perimeter of the building outside looking into the street and parking lot? Mr. Cunningham said no, not in each stall. Some stalls are clear from one to another; there will be various cameras along the back edge of the corridors so there will be coverage of each lane but there won’t be a dedicated camera for Page 18 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 each lane. They will be monitored in the range office. There will be cameras outside. Commissioner Dubiel asked about the elevations in the building. It is being shown on the overhead. Mr. Hart said typically what they install has a lower shelf. It prevents anyone from doing anything down range. Commissioner Troiani asked if they will allow gun clubs to come in. Mr. Cunningham said yes. We see Cub Scouts, shooting clubs, etc. If they could encourage an Olympic club to set up camp and try to train Olympians, they would embrace that type of club. Commissioner Troiani asked if there would be lockers. When people are done in the range and want to stay to look in the retail store, can they put guns in lockers? Mr. Cunningham answered yes. People would be able to leave their guns at the facility instead of taking them home. If people want to shop around for a while, they can leave the weapons in the locker area of the range office. Vice-Chairman Dimond said she heard Mr. Cunningham say they would encourage Cub Scouts to use the facility. Mr. Cunningham said they aren’t going out to seek Cub Scouts. But when he was a scout, he went to a shooting range and was taught how to shoot guns. If groups come to them to teach shooting, they are welcome. George Alpogianis, 7131 Riverside Dr., Niles, IL stepped to the podium and was sworn in. A scout cannot shoot a gun unless they are with an NRA certified instructor. The Cub Scouts are not allowed to shoot any type of firearm. They can shoot BB guns or pellet guns. It starts at the age of nine. Boy Scouts [ten years and older] are able to try and earn the rifle, shotgun or archery merit badges. Vice-Chairman Dimond wants to know what the minimum age is. Mr. Cunningham said for their location, fourteen with a parent. Page 19 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 Chairman Kanelos said you will comply with the ordinances in the Village of Niles. If there is a sound problem, it will have to be fixed. Is that understood? Mr. Cunningham said absolutely. Chairman Kanelos then entertained a motion. Commissioner Troiani moved to approve consideration of a proposed Special Use Permit to allow a new business with firearms sales, indoor firing range, and firearms safety training business at 6143 Howard Street per zoning code Appendix B, Section IX (B)(2)(m). Seconded by Commissioner Dubiel with friendly amendments: that all procedures including applicant’s range safety and range security plan as provided on pages 18 through 44 must be followed at all times; all applicable rules must be satisfied at all times including those for lead abatement and air quality; the business shall comply with all noise ordinances at all times. They have met the Findings of Fact necessary in Section XI (H)(4) of the Niles zoning code. The proposed business will allow Niles residents and law enforcement to purchase firearms and firearm accessories, practice the use of firearms, and receive firearms safety training locally and the proposed use will therefore proved a public convenience. Also this business is designed to specifically mitigate the public health and safety concerns associated with the sale of firearms and an indoor firing range. Specifically, a safety plan, indoor air quality systems, and lead abatement procedures have all been created by the applicant. The proposed use will not have a negative impact on other property and is appropriate in the proposed location. Commissioner Troiani accepted the friendly amendments. On roll call the vote was: AYES: 6 Troiani, Nakanishi, Schulter, Dubiel, Surace, Kanelos NAYS: 1 Dimond There being six (6) 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 Page 20 of 21  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS June 2, 2014 this will be heard by the Board of Trustees, leave your name and address with the recording secretary. Chairman Kanelos then entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Seconded by Commissioner Surace, 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 8:33 p.m Joel Bemis, 7025 N. Oleander Ave., Chicago, IL 60631, 773.617.0799 would like to be notified of the next Village Board of Trustees meeting. Kathleen Janessa, Recording Secretary Page 21 of 21